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Lord Whitty: Again for the guidance of the Committee, this group of amendments also reflects the original provisions of the Alun Michael Bill. They also include the changes which were made in Committee to these parts of the original Bill.

On Question, amendment agreed to.

Lord Mancroft moved Amendment No. 23:


"HANDLING
(1) The Secretary of State may make regulations about the treatment of an application under section (Application by individual) or (Application on behalf of group).
(2) The regulations may, in particular—
(a) enable the registrar to request, before determining an application, the provision of information or additional information by the applicant or applicants or by a prescribed animal welfare body;
(b) make provision about timing;
(c) enable or require the registrar to permit the amendment of an application, by the applicant or applicants, before its determination."

On Question, amendment agreed to.

Baroness Mallalieu moved Amendment No. 24:


"RENEWAL OF APPLICATION
(1) Where an individual application is refused, the applicant may not make a new individual application during the period of six months beginning with the date on which the first application is finally determined.
(2) Where an individual registration is cancelled the individual may not make a new individual application during the period of six months beginning with the date of cancellation.
(3) Where a group application is refused, none of the applicants may be party to a new group application during the period of six months beginning with the date on which the first application is finally determined.
(4) Where a group registration is cancelled none of the group may be party to a new group application during the period of six months beginning with the date of cancellation.
(5) Where an individual is removed from a group registration or an application to add him to a group registration is refused he may not be party to a new group application during the period of six months beginning with the date on which the removal is effected or the first application is finally determined.
 
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(6) But—
(a) a refusal, cancellation or removal, other than one under section (Determination by registrar)(3)(b), (Determination by Tribunal)(3)(b), (Group registration: addition or replacement)(6) or (De-registration: conviction of an offence)(1), does not prevent a new application which—
(i) relates only to species to which the old application or registration did not relate, or
(ii) relates only to an area to which the old application or registration did not relate, and
(b) the registrar may permit an application despite any of subsections (1) to (5) by reason of a material change of circumstances.
(7) In this section—
"group application" means an application under section (Application on behalf of group), and
"individual application" means an application under section (Application by individual)."

On Question, amendment agreed to.

Lord Mancroft moved Amendment No. 25:

"Determination


DETERMINATION BY REGISTRAR
(1) This section applies to an application for registration under section (Application by individual) or (Application on behalf of group).
(2) On receipt of an application the registrar shall—
(a) invite the prescribed animal welfare bodies to make written representations about the application within a specified period, and
(b) consider any written representations made by any of those bodies within that period.
(3) If the registrar is satisfied that the hunting proposed in an application would satisfy the tests specified in section (Tests for registration: utility and least suffering) he shall—
(a) grant the application, or
(b) refuse the application if he thinks that the applicant, or any of the applicants, is not a fit and proper person to be registered by reason of a matter specified in subsection (4).
(4) Those matters are—
(a) conviction for an offence under this Act,
(b) conviction for an offence under the Protection of Animals Act 1911 (c. 27),
(c) conviction for an offence under the Protection of Animals (Scotland) Act 1912 (c. 14),
(d) conviction for an offence under section 2 of the Protection of Badgers Act 1992 (c. 51),
(e) conviction for an offence under the Wild Mammals (Protection) Act 1996 (c. 3),
(f) conviction for an offence under the Protection of Wild Mammals (Scotland) Act 2002 (asp 6),
(g) matters relating to the cancellation of the registration of the applicant or any of the applicants or his or their removal from a group registration, and
 
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(h) matters relating to the cancellation of the registration of an individual who would be likely to hunt in reliance on the registration or his removal from a group registration.
(5) If the registrar is satisfied that the hunting proposed in an application would satisfy the tests specified in section (Tests for registration: utility and least suffering) if carried out in accordance with conditions other than those specified in the application, he may, with the consent of the applicant or applicants—
(a) grant the application, and
(b) add to or vary the conditions specified in the application.
(6) Where the registrar determines not to grant an application under subsection (3) or (5) he shall refuse it.
(7) In considering an application the registrar shall assume, unless he has reason not to, that the hunting proposed would be carried out in accordance with—
(a) the conditions specified in section (Automatic conditions of individual registration) or (Automatic conditions of group registration), and
(b) any condition specified in the application."

On Question, amendment agreed to.

Lord Mancroft moved Amendment No. 26:


"APPEAL TO TRIBUNAL
(1) Where the registrar refuses an application under section (Application by individual) or (Application on behalf of group) the applicant or applicants may appeal to the Tribunal.
(2) Where the registrar grants an application under section (Application by individual) or (Application on behalf of group) a prescribed animal welfare body may appeal to the Tribunal."

The noble Lord said: Amendment No. 26 concerns appeals to tribunals. It establishes the rights of appeal to the tribunal for unsuccessful applicants and the prescribed animal welfare bodies from decisions of the registrar on applications for individual or group registration. I beg to move.

Baroness Farrington of Ribbleton: For the sake of clarity later, it would be helpful if the Committee could be made aware whether the noble Lord, Lord Mancroft, is speaking also to the other amendments in the original group that were not spoken to at the time. Amendment No. 26 was grouped with Amendments Nos. 27, 28, 39, 43, 82, 83, 84 and 85. It would be better if they could be taken en bloc, otherwise I fear the Committee could get into difficulties.

Lord Mancroft: That is most helpful. Amendments Nos. 16, 26, 27, 28, 39 and 43 are grouped with Amendments Nos. 82, 83, 84 and 85, but probably should not be. I shall be happy to deal with Amendments Nos. 16, 26, 27, 28, 39 and 43 together.

Baroness Farrington of Ribbleton: There was a slight difficulty earlier, so let me make the situation absolutely plain. Does the noble Lord mean that there will be a new group, beginning with Amendment No. 82, when we get to that part of the Marshalled List?
 
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Lord Mancroft: That would be best.

On Question, amendment agreed to.

Lord Mancroft moved Amendment Nos. 27 to 40:


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