Hunting Bill

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Hunting Bill

Hunting Bill
Part 2 — Registration
13

(b)
a conviction for an offence under the Protection of Animals Act 1911
(c. 27),
(c)
conviction for an offence under the Protection of Animals (Scotland)
Act 1912 (c. 14),
(d)
conviction for an offence under section 2 of the Protection of Badgers
5
Act 1992 (c. 51),
(e)
conviction for an offence under the Wild Mammals (Protection) Act
1996 (c. 3),
(f)
conviction for an offence under the Protection of Wild Mammals
(Scotland) Act 2002 (asp 6), or
10
(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
15
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.
20
(10)
In this section “prescribed” means prescribed by regulations made by the
Secretary of State.
32
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—
25
(a)
this Act,
(b)
the Protection of Animals Act 1911,
(c)
the Protection of Animals (Scotland) Act 1912,
(d)
section 2 of the Protection of Badgers Act 1992,
(e)
the Wild Mammals (Protection) Act 1996,
30
(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).
33
De-registration: general
(1)
Any of the prescribed animal welfare bodies may apply to the registrar for a
35
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
(b)
the tests specified in section 7 are no longer satisfied in respect of the
hunting to which the registration relates.
40
(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.
45

Hunting Bill
Part 2 — Registration
14

(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.
5
(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
10
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 27(5).
(6)
On an application under this section the registrar may—
(a)
cancel a registration or remove an individual from a group registration
15
(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.
20
(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.
34
Appeal to Tribunal
25
(1)
Where the registrar refuses an application under section 31 the applicant may
appeal to the Tribunal.
(2)
Where the registrar takes action in respect of an individual under section 32 the
individual may appeal to the Tribunal.
(3)
Where the registrar grants or refuses an application under section 33 a party to
30
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
35
appellants),
(c)
the prescribed animal welfare bodies, and
(d)
in the case of an appeal in respect of an application under section 33(2),
a person to whom the relevant land belongs.
(5)
For the purposes of an appeal under this section the Tribunal may require the
40
production of a record made pursuant to section 27(5).
(6)
On determining the appeal the Tribunal may—
(a)
give a direction to the registrar;
(b)
make any order that it thinks appropriate.

Hunting Bill
Part 3 — Enforcement
15

(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.
5
35
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
10
he was included.
Offences
36
False information
A person commits an offence if—
(a)
he makes a false statement or gives false information in an application
15
under this Part, and
(b)
he does not believe the statement or information to be true.
37
Group registration: failure to keep records
(1)
In the case of a group registration each registered individual commits an
offence if he fails—
20
(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
25
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.
Part 3
30
Enforcement
38
Penalty
(1)
A person guilty of an offence under this Act shall be liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(2)
Where a magistrates’ court convicts a person of an offence under this Act the
35
clerk of the court (within the meaning of section 141 of the Magistrates’ Courts
Act 1980 (c. 43)) shall notify the registrar.

Hunting Bill
Part 3 — Enforcement
16

39
Arrest
A constable without a warrant may arrest a person whom he reasonably
suspects—
(a)
to have committed an offence under section 1 or 6(1)(a), (b) or (2),
(b)
to be committing an offence under any of those provisions, or
5
(c)
to be about to commit an offence under any of those provisions.
40
Search and seizure
(1)
This section applies where a constable reasonably suspects that a person (“the
suspect”) is committing or has committed an offence under Part 1 of this Act.
(2)
If the constable reasonably believes that evidence of the offence is likely to be
10
found on the suspect, the constable may stop the suspect and search him.
(3)
If the constable reasonably believes that evidence of the offence is likely to be
found on or in a vehicle, animal or other thing of which the suspect appears to
be in possession or control, the constable may stop and search the vehicle,
animal or other thing.
15
(4)
A constable may seize and detain a vehicle, animal or other thing if he
reasonably believes that—
(a)
it may be used as evidence in criminal proceedings for an offence under
Part 1 of this Act, or
(b)
it may be made the subject of an order under section 41.
20
(5)
For the purposes of exercising a power under this section a constable may
enter—
(a)
land;
(b)
premises other than a dwelling;
(c)
a vehicle.
25
(6)
The exercise of a power under this section does not require a warrant.
41
Forfeiture
(1)
A court which convicts a person of an offence under Part 1 of this Act may
order the forfeiture of any dog or hunting article which—
(a)
was used in the commission of the offence, or
30
(b)
was in the possession of the person convicted at the time of his arrest.
(2)
A court which convicts a person of an offence under Part 1 of this Act may
order the forfeiture of any vehicle which was used in the commission of the
offence.
(3)
In subsection (1) “hunting article” means anything designed or adapted for use
35
in connection with—
(a)
hunting a wild mammal, or
(b)
hare coursing.
(4)
A forfeiture order—
(a)
may include such provision about the treatment of the dog, vehicle or
40
article forfeited as the court thinks appropriate, and

Hunting Bill
Part 3 — Enforcement
17

(b)
subject to provision made under paragraph (a), shall be treated as
requiring any person who is in possession of the dog, vehicle or article
to surrender it to a constable as soon as is reasonably practicable.
(5)
Where a forfeited dog, vehicle or article is retained by or surrendered to a
constable, the police force of which the constable is a member shall ensure that
5
such arrangements are made for its destruction or disposal—
(a)
as are specified in the forfeiture order, or
(b)
where no arrangements are specified in the order, as seem to the police
force to be appropriate.
(6)
The court which makes a forfeiture order may order the return of the forfeited
10
dog, vehicle or article on an application made—
(a)
by a person who claims to have an interest in the dog, vehicle or article
(other than the person on whose conviction the order was made), and
(b)
before the dog, vehicle or article has been destroyed or finally disposed
of under subsection (5).
15
(7)
A person commits an offence if he fails to—
(a)
comply with a forfeiture order, or
(b)
co-operate with a step taken for the purpose of giving effect to a
forfeiture order.
42
Disqualification for registration
20
(1)
A court which convicts a person of an offence under Part 1 of this Act may
make an order (a “disqualification order”) that he may not—
(a)
be registered under Part 2 of this Act, or
(b)
hunt in reliance on section 2(2) or (3).
(2)
A disqualification order shall specify the duration of the disqualification
25
(which may be for the person’s life).
(3)
The registrar—
(a)
shall not register a person who is subject to a disqualification order,
(b)
shall cancel a person’s registration if he is registered when a
disqualification order takes effect, and
30
(c)
shall cancel a person’s registration if he was subject to a disqualification
order when the registration took effect.
(4)
The subject of a disqualification order may apply for an order terminating it.
(5)
An application under subsection (4) for the termination of a disqualification
order may be made only if—
35
(a)
a year has elapsed since the date of the order, and
(b)
a year has elapsed since the date of the determination of any previous
application under subsection (4) in respect of the order.
(6)
An application under subsection (4) must be made to—
(a)
the magistrates’ court which made the disqualification order, or
40
(b)
a magistrates’ court for the same petty sessions area.
(7)
On hearing an application under subsection (4) a magistrates’ court may order
the applicant to pay costs.

Hunting Bill
Part 4 — General
18

(8)
Where a magistrates’ court makes or terminates a disqualification order the
clerk of the court (within the meaning of section 141 of the Magistrates’ Courts
Act 1980) shall notify the registrar.
(9)
In this section a reference to a person’s registration includes a reference to his
inclusion in a group registration.
5
43
Offence by body corporate
(1)
This section applies where an offence under this Act is committed by a body
corporate with the consent or connivance of an officer of the body.
(2)
The officer, as well as the body, shall be guilty of the offence.
(3)
In subsection (1) a reference to an officer of a body corporate includes a
10
reference to—
(a)
a director, manager or secretary,
(b)
a person purporting to act as a director, manager or secretary, and
(c)
if the affairs of the body are managed by its members, a member.
Part 4
15
General
44
Interpretation
(1)
In this Act “wild mammal” includes, in particular—
(a)
a wild mammal which has been bred or tamed for any purpose,
(b)
a wild mammal which is in captivity or confinement,
20
(c)
a wild mammal which has escaped or been released from captivity or
confinement, and
(d)
any mammal which is living wild.
(2)
For the purposes of this Act a reference to a person hunting a wild mammal
with a dog includes, in particular, any case where—
25
(a)
a person engages or participates in the pursuit of a wild mammal, and
(b)
one or more dogs are employed in that pursuit (whether or not by him
and whether or not under his control or direction); or
(c)
a person engages or participates in a hare coursing event.
(3)
For the purposes of this Act land belongs to a person if he—
30
(a)
owns an interest in it,
(b)
manages or controls it, or
(c)
occupies it.
(4)
For the purposes of this Act a dog belongs to a person if he—
(a)
owns it,
35
(b)
is in charge of it, or
(c)
has control of it.
(5)
For the purposes of this Act an application to the registrar shall be treated as
finally determined when—
(a)
the registrar has determined the application (or it has been withdrawn
40
or abandoned), and

Hunting Bill
Part 4 — General
19

(b)
an appeal to the Tribunal has been determined by the Tribunal (or
withdrawn or abandoned) or can no longer be brought (ignoring the
possibility of an appeal out of time with permission).
(6)
In this Act a reference to a party to proceedings before the registrar or the
Tribunal includes a reference to a person who makes representations to the
5
registrar or Tribunal about the proceedings.
45
Crown application
This Act—
(a)
binds the Crown, and
(b)
applies to anything done on or in respect of land irrespective of
10
whether it belongs to or is used for the purposes of the Crown or a
Duchy.
46
Amendments and repeals
(1)
Schedule 3 (consequential amendments) shall have effect.
(2)
The enactments listed in Schedule 4 are hereby repealed to the extent specified.
15
47
Subordinate legislation
(1)
An order, regulations or rules made by the Secretary of State or the Lord
Chancellor under this Act shall be made by statutory instrument.
(2)
An order of the Secretary of State under this Act may not be made unless a draft
has been laid before and approved by resolution of each House of Parliament.
20
(3)
Regulations and rules under this Act shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
(4)
An order, regulations or rules made by the Secretary of State or the Lord
Chancellor under this Act—
(a)
may make provision which applies generally or only in specified
25
circumstances or for specified purposes,
(b)
may make different provision for different circumstances or purposes,
and
(c)
may make transitional, consequential and incidental provision.
48
Money
30
(1)
Any expenditure incurred by a Minister of the Crown in connection with this
Act shall be paid out of money provided by Parliament.
(2)
Money received by the registrar by way of fees shall be paid into the
Consolidated Fund.
49
Commencement
35
This Act shall come into force at the end of the period of three months
beginning with the date on which it is passed.