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Lord Mancroft moved Amendment No. 41:


"DE-REGISTRATION: CONVICTION OF OFFENCE
(1) The registrar may cancel an individual registration, or remove an individual from a group registration, if the individual is convicted of an offence under—
(a) this Act,
(b) the Protection of Animals Act 1911 (c. 27)
(c) the Protection of Animals (Scotland) Act 1912 (c. 14),
 
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(d) section 2 of the Protection of Badgers Act 1992 (c. 51),
(e) the Wild Mammals (Protection) Act 1996 (c. 3),
(f) the Protection of Wild Mammals (Scotland) Act 2002 (asp 6).
(2) The registrar shall notify an individual in respect of whom the registrar has taken action under subsection (1)."

The noble Lord said: The amendment lists the Acts under which a conviction of an offence may lead to the registrar deregistering an individual, either from an individual registration or a group registration. The amendment consists of text from the original "Alun Michael" Bill introduced in December 2002, and changes made in Standing Committee in the House of Commons.

The Deputy Chairman of Committees (Lord Elton): Before the noble Lord moves the amendment, would he tell us whether he is also speaking to the other amendments in the group?

Lord Mancroft: Yes, I am. Amendment No. 42 sets out the general deregistration process and is identical to the original government Bill as introduced in December 2002. Amendment No. 44 is also made up of the original text of the government Bill. It ensures that when a person is deregistered, either under an individual or group registration, he cannot be retrospectively prosecuted, nor can others on a group registration, for hunting previously carried out under their respective registrations.

Under Amendment No. 48, a person found guilty of an offence under the Bill is liable on conviction to a fine not exceeding level 5 on the standard scale. When a person is convicted of an offence, it must be noted by the registrar, as must any qualifications made under the clause relevant to disqualification of registration, contained in Amendment No. 49. I beg to move.

Baroness Mallalieu: The wording of Amendment No. 49 is identical to that of the original government Bill introduced in December 2002. It deals with disqualification from registration. As before, if any Member of the Committee has questions about disqualification for registration, I shall try to answer them.

Lord Whitty: The noble Lord, Lord Mancroft, has made it clear that the amendments are in line with the original Bill, with the exception of Amendment No. 41, which changes the list of animal welfare organisations and which was agreed on by consensus in Committee in another place.

On Question, amendment agreed to.

Lord Mancroft moved Amendments Nos. 42 to 46:


"DE-REGISTRATION: GENERAL
(1) Any of the prescribed animal welfare bodies may apply to the registrar for a registration to be cancelled, or for an individual to be removed from a group registration, on the grounds that—
(a) a condition of the registration has been breached, or
 
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(b) the tests specified in section (Tests for registration: utility and least suffering) are no longer satisfied in respect of the hunting to which the registration relates.
(2) The occupier of land, or in the case of unoccupied land a person to whom it belongs, may apply to the registrar for a registration to be cancelled, or for an individual to be removed from a group registration, on the grounds that trespass to the land has been committed in the course of hunting carried out in reliance on the registration.
(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) On an application under this section the following are entitled to make written representations to the registrar—
(a) the applicant,
(b) the relevant registered individual or individuals, and
(c) in the case of an application under subsection (2), any person to whom the land belongs.
(5) For the purposes of an application under this section the registrar may require the production of a record made pursuant to section (Automatic conditions of group registration)(5).
(6) On an application under this section the registrar may—
(a) cancel a registration or remove an individual from a group registration (whether on the grounds alleged in the application, on grounds that could have been alleged or on the grounds that a record required under subsection (5) was not produced);
(b) with the consent of the individual or individuals registered, vary the conditions of registration.
(7) An application under subsection (2) is without prejudice to a person's right to seek another remedy in respect of trespass.
(8) 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. 3)
(1) Where the registrar refuses an application under section (Group registration: addition or replacement) the applicant may appeal to the Tribunal.
(2) Where the registrar takes action in respect of an individual under section (De-registration: conviction of offence) the individual may appeal to the Tribunal.
(3) Where the registrar grants or refuses an application under section (De-registration: general) a party to the application may appeal to the Tribunal.
(4) The Tribunal shall give the following an opportunity to make representations—
(a) the appellant or appellants,
(b) the relevant registered individual or individuals (if not the appellant or appellants),
(c) the prescribed animal welfare bodies, and
(d) in the case of an appeal in respect of an application under section (De-registration: general)(2), a person to whom the relevant land belongs.
(5) For the purposes of an appeal under this section the Tribunal may require the production of a record made pursuant to section (Automatic conditions of group registration)(5).
 
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(6) On determining the appeal the Tribunal may—
(a) give a direction to the registrar;
(b) make any order that it thinks appropriate.
(7) A person who is party to proceedings under this section may appeal on a point of law to the High Court.
(8) An appeal under subsection (7) 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—
"DE-REGISTRATION: SAVING
(1) Cancellation of a registration under this Part shall be without prejudice to the lawfulness of anything done in reliance on it while it had effect.
(2) The removal of an individual from a group registration shall be without prejudice to the lawfulness of anything done in reliance on his inclusion while he was included."
After Clause 5, insert the following new clause—
"Offences
FALSE INFORMATION
A person commits an offence if—
(a) he makes a false statement or gives false information in an application under this Part, and
(b) he does not believe the statement or information to be true."
After Clause 5, insert the following new clause—
"GROUP REGISTRATION: FAILURE TO KEEPRECORDS
(1) In the case of a group registration each registered individual commits an offence if he fails—
(a) to make a record of each occasion on which he hunts in purported reliance on the registration,
(b) when hunting in purported reliance on the registration, to make a record of the identity of each individual participating in the hunting, or
(c) to retain throughout the duration of the registration each record made by him under paragraph (a) or (b).
(2) It is a defence for an individual charged with an offence under this section to show that he reasonably believed that a record was made or retained by another registered individual."

On Question, amendments agreed to.


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