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PART III |
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CODES OF PRACTICE |
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Publication |
| | 38. - (1) The Authority shall prepare and publish codes of practice, each dealing with a particular kind of regulated hunting.
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(2) The Authority shall prepare and publish one or more codes of practice dealing with hare coursing.
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(3) The Authority shall-
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(a) review and revise each code from time to time, and |
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(b) publish each revised code. |
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Content |
| | 39. - (1) Each code of practice must in the Authority's opinion be designed to-
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(a) improve or protect animal welfare, |
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(b) protect the safety of members of the public, and |
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(2) Each code of practice must, in particular-
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(a) specify things which licence-holders should or should not do, permit or cause to be done, |
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(b) include provision about obtaining permission for hunting or coursing from land-owners, and |
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(c) include provision about the manner in which hunted animals are killed. |
| | 40. - (1) The Authority shall ensure that provision is made in each relevant code of practice about each of the practices mentioned in sub-paragraph (2) either-
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(a) declaring that the practice should not be engaged in, or |
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(b) providing that the practice should be engaged in only subject to specified conditions or in specified circumstances. |
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(2) The practices are-
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(a) autumn or cub hunting, |
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(b) digging out or bolting wild mammals which have gone to ground, |
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(c) stopping up earths and refuges, |
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(d) providing artificial earths and refuges, |
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(e) interfering with the flight of a wild mammal during a hunt, and |
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(f) hunting a hind which is with its calf. |
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(3) Provision under sub-paragraph (1)(b) about digging out must include provision about obtaining permission from land-owners.
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(4) Provision under sub-paragraph (1)(b) about digging out or bolting must be designed to minimise the time during which dogs are used below ground.
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Effect |
| | 41. - (1) Failure by a person to comply with a code of practice shall not of itself make him liable to criminal or civil proceedings.
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(2) In exercising a function under this Schedule the Authority or a magistrates' court may take into account-
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(b) a failure to comply with a code of practice. |
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(3) A code of practice-
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(a) shall be admissible in evidence in criminal or civil proceedings, and |
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(b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant. |
