Hunting Bill

What's on

Committees

Bills and Legislation

Judicial Work

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Hunting Bill

Hunting Bill
Part 1 — Offences
1

A
Bill
[AS AMENDED IN COMMITTEE]
To
Make provision about hunting wild mammals with dogs; to prohibit
unregistered hare coursing; and for connected purposes.
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:—
Part 1
Offences
1
Hunting wild mammals with dogs
A person commits an offence if he hunts a wild mammal with a dog, unless his
hunting is—
5
(a)
registered, or
(b)
exempt.
2
Registered hunting
(1)
Hunting by an individual is registered if he is the subject of individual
registration in respect of—
10
(a)
wild mammals of the species hunted, and
(b)
the area in which the hunting takes place.
(2)
Hunting by an individual is also registered if—
(a)
he participates in hunting by a group,
(b)
at least one of the group is registered under a group registration in
15
respect of—
(i)
wild mammals of the species hunted, and
(ii)
the area in which the hunting takes place, and

HL Bill 123 53/3

Hunting Bill
Part 1 — Offences
2

(c)
his participation in the hunting is recorded under arrangements made
in pursuance of section 27(5).
(3)
Hunting by an individual is also registered if—
(a)
he participates in hunting by a number of individuals,
(b)
one of the individuals is the subject of individual registration in respect
5
of—
(i)
wild mammals of the species hunted, and
(ii)
the area in which the hunting takes place, and
(c)
the condition of registration imposed by section 26(5) (maximum
number of hunters) is complied with.
10
(4)
In this Act—

“group registration” means registration under Part 2 pursuant to an
application under section 13, and

“individual registration” means registration under Part 2 pursuant to an
application under section 12.
15
3
Exempt hunting
(1)
Hunting is exempt if it is within a class specified in Schedule 1.
(2)
The Secretary of State may by order amend Schedule 1 so as to vary a class of
exempt hunting.
4
Hunting: assistance
20
(1)
A person commits an offence if he knowingly permits land which belongs to
him to be entered or used in the course of the commission of an offence under
section 1.
(2)
A person commits an offence if he knowingly permits a dog which belongs to
him to be used in the course of the commission of an offence under section 1.
25
5
Hunting: defence
It is a defence for a person charged with an offence under section 1 in respect
of hunting to show that he reasonably believed that the hunting was—
(a)
registered, or
(b)
exempt.
30
6
Hare coursing
(1)
A person commits an offence if he—
(a)
participates in an unregistered hare coursing event,
(b)
attends an unregistered hare coursing event,
(c)
knowingly facilitates an unregistered hare coursing event, or
35
(d)
permits land which belongs to him to be used for the purposes of an
unregistered hare coursing event.
(2)
Each of the following persons commits an offence if a dog participates in an
unregistered hare coursing event—
(a)
any person who enters the dog for the event,
40
(b)
any person who permits the dog to be entered, and

Hunting Bill
Part 2 — Registration
3

(c)
any person who controls or handles the dog in the course of or for the
purposes of the event.
(3)
A “hare coursing event” is a competition in which dogs are, by the use of live
hares, assessed as to skill in hunting hares.
Part 2
5
Registration
Introductory
7
Tests for registration: utility and least suffering
(1)
The first test for registration in respect of proposed hunting of wild mammals
is that it is likely to make a significant contribution to one or both of, firstly, the
10
management of wildlife and, secondly, the prevention or reduction of serious
damage which the wild mammals to be hunted would otherwise cause to—
(a)
livestock,
(b)
game birds or wild birds (within the meaning of section 27 of the
Wildlife and Countryside Act 1981 (c. 69)),
15
(c)
food for livestock,
(d)
crops (including vegetables and fruit),
(e)
growing timber,
(f)
fisheries,
(g)
other property, or
20
(h)
the biological diversity of an area (within the meaning of the United
Nations Environmental Programme Convention on Biological
Diversity of 1992).
(2)
The second test for registration in respect of proposed hunting of wild
mammals is that a contribution equivalent to that mentioned in subsection (1)
25
could not reasonably be expected to be made (whether by the person
proposing to hunt or by another person) in a manner likely to cause
significantly less pain, suffering or distress to the wild mammals to be hunted.
8
The registrar
(1)
The Secretary of State shall appoint a person (“the registrar”) to maintain a
30
register for the purposes of this Act.
(2)
The registrar shall hold and vacate office in accordance with the terms and
conditions of his appointment.
(3)
The registrar shall comply with—
(a)
regulations made by the Secretary of State under this Part, and
35
(b)
any direction given to the registrar by the Hunting Tribunal
(established under section 9) in the course of or on the determination of
proceedings under this Part.
(4)
In exercising his functions the registrar shall have regard to any relevant
decision of the Hunting Tribunal.
40
(5)
The Secretary of State may—

Hunting Bill
Part 2 — Registration
4

(a)
pay remuneration and allowances to the registrar;
(b)
defray expenses of the registrar;
(c)
provide staff, equipment or other facilities for the registrar.
(6)
Service as the registrar is employment in the civil service of the State.
9
The Hunting Tribunal
5
(1)
There shall be a Hunting Tribunal.
(2)
Schedule 2 (which makes provision about the Tribunal) shall have effect.
(3)
The Lord Chancellor may make rules—
(a)
regulating the exercise of a right to appeal or apply to the Tribunal;
(b)
about practice and procedure in relation to proceedings before the
10
Tribunal.
10
Prescribed animal welfare bodies
(1)
The Secretary of State shall by regulations prescribe one or more bodies as
prescribed animal welfare bodies for the purposes of this Part.
(2)
The Secretary of State may prescribe a body only if he thinks that it is wholly
15
or partly concerned with the protection or welfare of animals.
(3)
The Secretary of State may make a payment by way of grant (which may be
subject to conditions) to a prescribed animal welfare body.
11
Advisory bodies
(1)
English Nature may provide advice on request to the registrar or the Tribunal
20
about the exercise of a function under this Act in relation to England.
(2)
The Countryside Council for Wales may provide advice on request to the
registrar or the Tribunal about the exercise of a function under this Act in
relation to Wales.
Application for registration
25
12
Application by individual
(1)
An individual may apply to the registrar to be entered in the register in respect
of hunting which he proposes to carry out.
(2)
An applicant must be at least 16 years of age.
(3)
Where an applicant is younger than 18 years of age, his application must be
30
countersigned by a parent or guardian.
(4)
An application must—
(a)
be in the prescribed form,
(b)
contain the prescribed information,
(c)
be accompanied by the prescribed documents (if any), and
35
(d)
be accompanied by the prescribed fee.
(5)
An application must specify—

Hunting Bill
Part 2 — Registration
5

(a)
the species of wild mammal which it is proposed to hunt, and
(b)
the area in which it is proposed to hunt.
(6)
An application may specify a condition to be included in the register as a
condition of the proposed hunting.
(7)
In this section “prescribed” means prescribed by regulations made by the
5
Secretary of State.
13
Application on behalf of group
(1)
One or more individuals may apply to the registrar to be entered in the register
in respect of hunting to be carried out jointly by—
(a)
the individual registered or one or more of the individuals registered,
10
and
(b)
one or more individuals under the supervision of the individual
registered or of one or more of the individuals registered.
(2)
Each of the applicants must be at least 16 years of age.
(3)
An application must—
15
(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 must specify—
20
(a)
the species of wild mammal which it is proposed to hunt, and
(b)
the area in which it is proposed to hunt.
(5)
An application may specify a condition to be included in the register as a
condition of the proposed hunting.
(6)
An application must, in particular, include conditions specifying—
25
(a)
a maximum number of individuals who may hunt at any time,
(b)
arrangements to ensure compliance with the condition about records
imposed by section 27(5), and
(c)
arrangements for supervision by the individual or individuals to be
registered of non-registered individuals participating in the proposed
30
hunting.
(7)
An application may request that one or more of the registered individuals
should be registered in respect of hunting to be carried out without the
participation of a non-registered individual (as well as in respect of the joint
hunting mentioned in subsection (1)).
35
(8)
Section 2(1) shall have effect as if the reference to individual registration
included a reference to registration by virtue of subsection (7) above (but
section 2(3) shall not apply).
(9)
In this section “prescribed” means prescribed by regulations made by the
Secretary of State.
40