|
|
|
| |
|
|
|
|
|
|
[AS AMENDED IN COMMITTEE] |
|
|
|
|
Amend
the Wild Mammals (Protection) Act 1996. |
|
|
Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
|
|
consent of the Lords Spiritual
and Temporal, and Commons, in this present |
|
|
Parliament assembled, and
by the authority of the same, as follows:— |
|
|
1 |
Amendment
of Wild Mammals (Protection) Act 1996 |
|
|
(1) |
For section 1 of the Wild
Mammals (Protection) Act 1996 (c. 3) there shall be |
|
|
|
|
|
|
Any
person who intentionally causes undue suffering to any wild |
|
5 |
mammal
shall be guilty of an offence.” |
|
|
(2) |
For section 2 of that Act
there shall be substituted— |
|
|
|
“Exceptions from
offence under the Act |
|
|
(1) |
A person shall not be guilty
of an offence under this Act by reason of |
|
|
|
10 |
(a) |
in
accordance with a recognised code, or |
|
|
(b) |
subject
to subsection (2), in the normal and humane conduct of |
|
|
a
lawful and customary activity. |
|
|
(2) |
Subsection (1)(b) shall not
apply— |
|
|
(a) |
where
the suffering caused by the act should reasonably have |
|
15 |
been
avoided or substantially alleviated in the course of his |
|
|
conduct
of that activity; or |
|
|
|
|
(i) |
there
is a recognised code regulating the conduct of a |
|
|
particular
activity or part of an activity; |
|
20 |
(ii) |
the
alleged offence relates to conduct in the course of |
|
|
that
activity or that part thereof; and |
|
|
| |
|
|
|
|
|
|
|
| |
(iii) |
the
conduct in question is contrary to an express |
|
|
|
|
(3) |
After section 2 of that Act
there shall be inserted— |
|
|
|
|
(1) |
There shall be an Authority,
appointed in accordance with the |
|
5 |
provisions
of the Schedule. |
|
|
|
|
(a) |
recognise
any body as the proper authority for making from |
|
|
time
to time a code in respect of the normal and humane |
|
|
manner
of conducting any activity in connection with wild |
|
10 |
mammals
or one or more species of wild mammal; |
|
|
(b) |
after
proper consideration, approve a code made by any body |
|
|
so
recognised as the proper code for regulating the conduct of |
|
|
the
activity or part of the activity in respect of which that body
|
|
|
|
15 |
(3) |
Where the Authority has
approved any code, it shall submit that code |
|
|
to
the Secretary of State. |
|
|
(4) |
Where the Secretary of State
receives from the Authority any code he |
|
|
|
|
(a) |
make
a regulation recognising that code, or |
|
20 |
(b) |
write
to the Authority setting out the reasons why he does not |
|
|
consider
that code to be suitable for recognition. |
|
|
(5) |
Any regulation recognising
a code shall be made by statutory |
|
|
instrument
and shall not be made unless a draft has been laid before, |
|
|
and
approved by resolution of, each House of Parliament. |
|
25 |
(6) |
The Authority shall not
exercise any of the powers conferred by this |
|
|
section,
unless it is satisfied that it has, or that provision has been
made |
|
|
to
provide to it, sufficient monies to enable it to exercise such
powers. |
|
|
(7) |
At the end of section 3
of that Act, there shall be inserted “and |
|
|
“recognised
code” means a code from time to time submitted by the |
|
30 |
Authority
under section 2A(3) and recognised by the Secretary of State |
|
|
under
section 2A(4) and (6) hereof.”” |
|
|
(4) |
After section 7 of that Act
there shall be inserted— |
|
|
|
|
|
35 |
1 |
The Authority shall consist
of— |
|
|
(a) |
a chairman appointed
by the Secretary of State; |
|
|
(b) |
one member nominated
by each of the following |
|
|
organisations
or group of organisations— |
|
|
(i) |
the Royal College
of Veterinary Surgeons, |
|
40 |
(ii) |
the Joint Nature
Conservation Committee, |
|
|
(iii) |
the Country Land
and Business Association, |
|
|
(iv) |
the National
Farmers’ Union of England and Wales, |
|
|
| |
|
|
|
|
|
| |
(v) |
the
Game Conservancy Trust and the British Deer |
|
|
|
|
(vi) |
the Council of
Hunting Associations, |
|
|
(vii) |
the British
Association for Shooting and Conservation |
|
|
and
the National Gamekeepers’ Organisation jointly, |
|
5 |
(viii) |
the Universities
Federation for Animal Welfare, |
|
|
(ix) |
the Royal Society
for the Prevention of Cruelty to |
|
|
|
|
(c) |
up to two further
members appointed by the Authority. |
|
|
2 (1) |
Each person shall
be appointed for a term of three years, but shall be |
|
10 |
eligible
for reappointment. |
|
|
(2) |
Any vacancy shall
be filled by a further appointment made in |
|
|
accordance
with paragraph 1 above. |
|
|
(3) |
The power of the
Authority to act shall not be affected by any failure |
|
|
by
any organisation named in paragraph 1(1)(b) above to nominate
|
|
15 |
a
member, or by any casual vacancy in its membership. |
|
|
3 |
If at any time it appears
to the Secretary of State that an organisation |
|
|
named
in paragraph 1(1)(b) above has ceased to exist or is no longer
|
|
|
an
appropriate organisation to nominate a member of the Authority,
|
|
|
he
may by regulation made in accordance with section 2A(4) of this
|
|
20 |
Act
remove that organisation from paragraph 1(1)(b) above and |
|
|
appoint
some other organisation which appears to him to be best |
|
|
fitted
to act in lieu of the organisation so removed.” |
|
|
2 |
Extent,
short title and commencement |
|
|
(1) |
This Act shall not apply
to Scotland. |
|
25 |
(2) |
This Act may be cited as
the Wild Mammals (Protection) (Amendment) Act |
|
|
|
|
(3) |
This Act shall come into
force with the expiration of the period of 12 months |
|
|
beginning with its passing. |
|
|
| |
|
|
