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Hunting Bill

Hunting Bill
Schedule 2 — The Hunting Tribunal
25

Schedule 2
Section 9

The Hunting Tribunal
President and deputy
1     (1)
The Lord Chancellor shall appoint a President of the Tribunal.
      (2)
A person may be appointed as President only if—
5
(a)
he has a ten year general qualification within the meaning of section
71 of the Courts and Legal Services Act 1990 (c. 41),
(b)
he is an advocate or solicitor in Scotland of at least ten years’
standing, or
(c)
he is a member of the Bar of Northern Ireland, or a solicitor of the
10
Supreme Court of Northern Ireland, of at least ten years’ standing.
2     (1)
The Lord Chancellor may appoint a member of the panel of chairmen of the
Tribunal as deputy President of the Tribunal.
      (2)
The deputy President—
(a)
may act for the President if he is unable to act or unavailable or
15
during a vacancy in the office of President, and
(b)
shall perform such other functions as the President may assign or
delegate to him.
3
The Lord Chancellor may authorise a member of the panel of chairmen of
the Tribunal—
20
(a)
to act for the President if he and the deputy President (if there is one)
are unable to act or unavailable;
(b)
to act for the President during a vacancy in that office if there is no
deputy President;
(c)
to act for the deputy President if he is unable to act or unavailable.
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Chairmen
4     (1)
The Lord Chancellor shall appoint persons to a panel of chairmen of the
Tribunal.
      (2)
A person may be appointed under this paragraph only if—
(a)
he has a seven year general qualification within the meaning of
30
section 71 of the Courts and Legal Services Act 1990,
(b)
he is an advocate or solicitor in Scotland of at least seven years’
standing, or
(c)
he is a member of the Bar of Northern Ireland, or a solicitor of the
Supreme Court of Northern Ireland, of at least seven years’ standing.
35
Members
5     (1)
The Lord Chancellor shall appoint persons to a panel of members of the
Tribunal.
      (2)
A person may be appointed under this paragraph only if he—
(a)
is on the general list of veterinary surgeons (within the meaning of
40
section 2 of the Veterinary Surgeons Act 1966 (c. 36)), or

Hunting Bill
Schedule 2 — The Hunting Tribunal
26

(b)
has experience relating to the welfare of animals or the management
of land which in the Lord Chancellor’s opinion makes it appropriate
to appoint him as a member of the Tribunal.
Tenure
6     (1)
A person appointed under any of paragraphs 1 to 5 shall hold and vacate
5
office in accordance with the terms of his appointment (subject to this
paragraph).
      (2)
A person appointed under any of paragraphs 1 to 5 may resign by notice in
writing to the Lord Chancellor.
      (3)
The Lord Chancellor may dismiss a person appointed under any of
10
paragraphs 1 to 5—
(a)
on the grounds that he is unable or unwilling to perform his
functions, or
(b)
for misbehaviour.
Proceedings
15
7
The Tribunal shall sit in such places and at such times as the Lord Chancellor
shall determine (and may hold more than one sitting at a time).
8     (1)
The President shall make arrangements for determining which of the
persons appointed under paragraphs 1 to 5 shall constitute the Tribunal at
each sitting.
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      (2)
The arrangements shall, in particular—
(a)
ensure that at each sitting the Tribunal consists of or includes the
President or a member of the panel of chairmen, and
(b)
make provision for replacement in a case where the Tribunal consists
of a single member who becomes unable to act.
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9
Decisions of the Tribunal may be taken by majority vote.
10
The President may give directions about the practice and procedure of the
Tribunal.
11
Rules under section 9 may, in particular, make provision—
(a)
about representation of parties;
30
(b)
about withdrawal of proceedings;
(c)
about the admission of members of the public to proceedings;
(d)
about recording and promulgating decisions;
(e)
by reference to a direction given or to be given by the President.
Evidence
35
12
The Tribunal—
(a)
may call an expert witness to give evidence on a matter of fact arising
in proceedings before it, and
(b)
may have regard to advice provided to it under section 11.

Hunting Bill
Schedule 3 — Consequential Amendments
27

Costs
13
If the Tribunal thinks that a party to proceedings before it has acted
unreasonably it may order the party to pay all or part of the costs incurred
by another party to the proceedings.
Council on Tribunals
5
14
In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53)
(tribunals under general supervision of Council) the following shall be
inserted before paragraph 22—

“Hunting
21B. The Hunting Tribunal

established by section 9 of

10

the Hunting Act 2004.”

Money
15
The Lord Chancellor—
(a)
may pay sums by way of remuneration, allowances and expenses to
a person appointed under any of paragraphs 1 to 5,
15
(b)
may pay sums by way of or in respect of a pension to a person
appointed under any of paragraphs 1 to 5,
(c)
may make staff and other facilities available to the Tribunal, and
(d)
may pay sums by way of allowances and expenses to an expert
witness called under paragraph 12.
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Schedule 3
Section 46

Consequential Amendments
Game Act 1831 (c. 32)
1
In section 35 of the Game Act 1831 (provision about trespassers: exceptions)
the following words shall cease to have effect: “to any person hunting or
25
coursing upon any lands with hounds or greyhounds, and being in fresh
pursuit of any deer, hare or fox already started upon any other land, nor”.
Game Licences Act 1860 (c. 90)
2
In section 5 of the Game Licences Act 1860 (exceptions) exceptions 3 and 4
(hares and deer) shall cease to have effect.
30
Protection of Animals Act 1911 (c. 27)
3
In section 1(3)(b) of the Protection of Animals Act 1911 (offence of cruelty:
exceptions) a reference to coursing or hunting shall not include a reference
to—
(a)
participation in a hare coursing event (within the meaning of section
35
6 of this Act), or

Hunting Bill
Schedule 4 — Repeals
28

(b)
the coursing or hunting of a wild mammal with a dog (within the
meaning of this Act).
Protection of Badgers Act 1992 (c. 51)
4
Section 8(4) to (9) of the Protection of Badgers Act 1992 (exception for
hunting) shall cease to have effect.
5
Wild Mammals (Protection) Act 1996 (c. 3)
5
For the purposes of section 2 of the Wild Mammals (Protection) Act 1996
(offences: exceptions) the hunting of a wild mammal with a dog (within the
meaning of this Act) shall be treated as lawful if and only if it is registered or
exempt hunting within the meaning of this Act.
10
Schedule 4
Section 46

Repeals

Short title and chapter
Extent of repeal

The Game Act 1831 (c. 32)
In section 35, the words “to any person hunting

or coursing upon any lands with hounds or

15

greyhounds, and being in fresh pursuit of any

deer, hare or fox already started upon any

other land, nor”.

The Game Licences Act 1860 (c.
In section 5, exceptions 3 and 4.

90)

20

The Protection of Badgers Act
Section 8(4) to (9).

1992 (c. 51)