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"DETERMINATION BY TRIBUNAL
(1) This section applies where an appeal is brought to the Tribunal under section (Appeal to Tribunal) against the registrar's decision on an application.
(2) The Tribunal shall give the applicant or applicants and the prescribed animal welfare bodies an opportunity to make representations.
(3) If satisfied that the hunting proposed in the application would satisfy the tests specified in section (Tests for registration: utility and least suffering) the Tribunal shall—
(a) grant the application, or
(b) refuse the application if the Tribunal 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 section (Determination by registrar)(4).
(4) If satisfied that the hunting proposed in the 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, the Tribunal 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.
(5) Where the Tribunal determines not to grant the application under subsection (3) or (4) it shall refuse the application.
(6) In considering an appeal under section (Appeal to Tribunal) the Tribunal shall assume, unless it has reason not to, that the hunting proposed in an application 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.
(7) On determining an appeal the Tribunal may—
(a) give a direction to the registrar;
(b) make any order that it thinks appropriate."
After Clause 5, insert the following new clause—
"APPEAL FROM TRIBUNAL
(1) A person who is party to proceedings before the Tribunal under section (Appeal to Tribunal) may appeal on a point of law to the High Court.
(2) An appeal under subsection (1) may be brought only with the permission of—
(a) the Tribunal, or
(b) if the Tribunal refuses permission, the High Court."
After Clause 5, insert the following new clause—

"The register

FORM OF THE REGISTER
The Secretary of State may make regulations about—
(a) the form of the register;
(b) the manner in which it is maintained."
After Clause 5, insert the following new clause—
"CONTENT OF THE REGISTER
In the case of each registration the register shall record—
(a) the species of wild mammal in respect of the hunting of which the registration has effect,
(b) the area in respect of hunting in which the registration has effect,
 
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(c) any other information provided in or with the application for registration,
(d) any conditions of the registration (apart from those specified in section (Automatic conditions of individual registration) or (Automatic conditions of group registration), and
(e) such other matters as may be prescribed by regulations made by the Secretary of State."
After Clause 5, insert the following new clause—
"INSPECTION OF THE REGISTER
(1) The registrar—
(a) shall make the register available for inspection by the public at all reasonable times, and
(b) shall provide a copy of an entry in the register to any person who requests it.
(2) But the Secretary of State may by regulations—
(a) provide that information of a specified kind shall not be made available for inspection under subsection (1)(a) and shall be omitted from copies provided under subsection (1)(b);
(b) require the payment of a specified fee as a precondition of the provision of a copy under subsection (1)(b).
(3) Regulations under subsection (2)(a) may make provision by reference to a request of a registered individual."
After Clause 5, insert the following new clause—
"STANDARD DURATION OF REGISTRATION
Registration under this Part shall have effect for—
(a) the period of three years starting with the date on which it is effected, or
(b) such shorter period starting with that date as may be specified in the application for registration."
After Clause 5, insert the following new clause—
"RENEWAL OF REGISTRATION
(1) Registration under this Part may be renewed so as to continue to have effect for—
(a) the period of three years starting with the date on which renewal is effected, or
(b) such shorter period starting with that date as may be specified in the application for renewal.
(2) A provision of this Act which has effect in relation to an application for registration shall have effect (with any necessary modifications) in relation to an application for the renewal of a registration.
(3) If an application for renewal of registration is made more than six months before the registration would otherwise expire, the registration shall continue to have effect until the application is finally determined.
(4) Subsection (3) has effect—
(a) despite section (Standard duration of registration), but
(b) subject to any power under this Part to cancel or vary a registration.
(5) Regulations under this Part may make special provision in relation to applications for renewal."
After Clause 5, insert the following new clause—
"HANDLING OF APPLICATIONS
(1) The Secretary of State may make regulations about the treatment of an application under this Part (other than under section (Application by individual) or (Application on behalf of group).
 
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(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."
After Clause 5, insert the following new clause—
"Conditions of registration
AUTOMATIC CONDITIONS OF INDIVIDUAL REGISTRATION
(1) Individual registration is subject to the conditions specified in this section.
(2) The first condition is that in the course of hunting carried out in reliance on the registration reasonable steps are taken to ensure—
(a) that any wild mammal injured or captured is killed quickly and humanely,
(b) that any wild mammal shot in accordance with paragraph (a) is shot by a competent person, and
(c) that hunting is carried out on land only with the prior permission of the occupier of the land or, in the case of unoccupied land, a person to whom it belongs.
(3) The second condition is that any inspector appointed by a prescribed animal welfare body is permitted on request to accompany the registered individual for the purpose of inspecting hunting carried on in reliance on the registration.
(4) The third condition is that there is insurance in place in respect of loss or damage caused to persons other than the registered individual in the course of hunting carried on in reliance on the registration.
(5) The fourth condition is that where the registered individual hunts in reliance on the registration not more than two other individuals (whether registered or not) participate in the hunting."
After Clause 5, insert the following new clause—
"AUTOMATIC CONDITIONS OF GROUP REGISTRATION
(1) Group registration is subject to the conditions specified in this section.
(2) The first condition is that in the course of hunting carried out in reliance on the registration reasonable steps are taken to ensure—
(a) that any wild mammal injured or captured is killed quickly and humanely,
(b) that any wild mammal shot in accordance with paragraph (a) is shot by a competent person, and
(c) that hunting is carried out on land only with the prior permission of the occupier of the land or, in the case of unoccupied land, a person to whom it belongs.
(3) The second condition is that any inspector appointed by a prescribed animal welfare body is permitted on request to accompany individuals hunting in reliance on the registration for the purpose of inspecting their hunting.
(4) The third condition is that there is insurance in place in respect of loss or damage caused to persons other than those registered in the course of hunting in reliance on the registration.
(5) The fourth condition is that—
(a) on each occasion on which hunting is carried out in reliance on the registration a record is made of the identity of each individual (whether registered or not) who participates in the hunt, and
 
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(b) a record made under paragraph (a) is retained throughout the duration of the registration.
(6) The fifth condition is that reasonable steps are taken to exclude from participation in hunting carried out in reliance on the registration any individual whom any of the registered individuals knows or suspects—
(a) to have had his registration under this Part cancelled, or to have been removed from a group registration, within the previous period of three years,
(b) to be subject to a disqualification order under section (Disqualification for registration), or
(c) to have been convicted of an offence under this Act, the Protection of Animals Act 1911 (c. 27), the Protection of Animals (Scotland) Act 1912 (c. 14), the Wild Mammals (Protection) Act 1996 (c. 3), the Protection of Wild Mammals (Scotland) Act 2002 (asp 6), or under section 2 of the Protection of Badgers Act 1992 (c. 51).
After Clause 5, insert the following new clause—
"AMENDMENT OF AUTOMATIC CONDITIONS
The Secretary of State may by order amend section (Automatic conditions of individual registration) or (Automatic conditions of group registration) so as to—
(a) add a condition;
(b) remove a condition;
(c) vary a condition."
After Clause 5, insert the following new clause—
"VARIATION OF NON-AUTOMATIC CONDITION
(1) An individual who is the subject of an individual registration may apply to the registrar for variation of the conditions of the registration (other than a condition imposed by section (Automatic conditions of individual registration)).
(2) A group of individuals who are the subject of a group registration may apply to the registrar for variation of the conditions of the registration (other than a condition imposed by section (Automatic conditions of group registration)).
(3) An application must—
(a) be in the prescribed form,
(b) contain the prescribed information,
(c) be accompanied by the prescribed documents (if any), and
(d) be accompanied by the prescribed fee.
(4) Section (Determination by registrar) shall apply to an application under this section as if—
(a) a reference to the hunting proposed to be carried out were a reference to hunting carried out in reliance on the registration under the conditions as proposed to be varied, and
(b) the assumption in subsection (7) were an assumption about compliance with the conditions of registration as proposed to be varied.
(5) In this section "prescribed" means prescribed by regulations made by the Secretary of State."
After Clause 5, insert the following new clause—
"APPEAL TO TRIBUNAL (NO. 2)
(1) Where the registrar grants or refuses an application under section (Variation of non-automatic condition) a party to the application may appeal to the Tribunal.
(2) The Tribunal shall give the appellant or appellants and the prescribed animal welfare bodies an opportunity to make representations.
(3) On determining the appeal the Tribunal may—
(a) give a direction to the registrar;
(b) make any order that it thinks appropriate.
 
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(4) A person who is party to proceedings under this section may appeal on a point of law to the High Court.
(5) An appeal under subsection (4) may be brought only with the permission of—
(a) the Tribunal, or
(b) if the Tribunal refuses permission, the High Court."
After Clause 5, insert the following new clause—
"Variation and cancellation of registration
GROUP REGISTRATION: ADDITION OR REPLACEMENT
(1) An individual may apply to the registrar to be added to a group registration—
(a) as an additional registered individual, or
(b) in substitution for an individual registered.
(2) The applicant must be at least 16 years of age.
(3) An application under this section must—
(a) be in the prescribed form,
(b) contain the prescribed information,
(c) be accompanied by the prescribed documents (if any), and
(d) be accompanied by the prescribed fee.
(4) An application under this section must be accompanied by the written consent of more than half of the individuals registered under the group registration.
(5) In the case of an application to replace an individual the consents under subsection (4) must include his consent.
(6) The registrar shall grant an application under this section unless he thinks that the applicant is not a fit and proper person to be registered by reason of—
(a) a conviction for an offence under this Act,
(b) a conviction for an offence under the Protection of Animals Act 1911 (c. 27),
(c) a conviction for an offence under the Protection of Animals (Scotland) Act 1912 (c. 14),
(d) a conviction for an offence under section 2 of the Protection of Badgers Act 1992 (c. 51),
(e) a conviction for an offence under the Wild Mammals (Protection) Act 1996 (c. 3),
(f) a conviction for an offence under the Protection of Wild Mammals (Scotland) Act 2002 (asp 6), or
(g) matters relating to the cancellation of the applicant's registration or his removal from a group registration.
(7) An addition to or substitution in a group registration shall not affect the duration of the registration.
(8) Where an application under this section to add an individual to a group registration is refused no new application may be made to add the individual to a group registration during the period of six months beginning with the date of the refusal.
(9) But the registrar may permit an application despite subsection (8) by reason of a material change of circumstances.
(10) In this section "prescribed" means prescribed by regulations made by the Secretary of State."

On Question, amendments agreed to.

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