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Hunting Bill

Hunting Bill
Part 2 — Registration
6

14
Handling
(1)
The Secretary of State may make regulations about the treatment of an
application under section 12 or 13.
(2)
The regulations may, in particular—
(a)
enable the registrar to request, before determining an application, the
5
provision of information or additional information by the applicant or
applicants or by a prescribed animal welfare body;
(b)
make provision about timing;
(c)
enable or require the registrar to permit the amendment of an
application, by the applicant or applicants, before its determination.
10
15
Renewal of application
(1)
Where an individual application is refused, the applicant may not make a new
individual application during the period of six months beginning with the date
on which the first application is finally determined.
(2)
Where an individual registration is cancelled the individual may not make a
15
new individual application during the period of six months beginning with the
date of cancellation.
(3)
Where a group application is refused, none of the applicants may be party to a
new group application during the period of six months beginning with the
date on which the first application is finally determined.
20
(4)
Where a group registration is cancelled none of the group may be party to a
new group application during the period of six months beginning with the
date of cancellation.
(5)
Where an individual is removed from a group registration or an application to
add him to a group registration is refused he may not be party to a new group
25
application during the period of six months beginning with the date on which
the removal is effected or the first application is finally determined.
(6)
But—
(a)
a refusal, cancellation or removal, other than one under section 16(3)(b),
18(3)(b), 31(6) or 32(1), does not prevent a new application which—
30
(i)
relates only to species to which the old application or
registration did not relate, or
(ii)
relates only to an area to which the old application or
registration did not relate, and
(b)
the registrar may permit an application despite any of subsections (1)
35
to (5) by reason of a material change of circumstances.
(7)
In this section—

“group application” means an application under section 13, and

“individual application” means an application under section 12.
Determination
40
16
Determination by registrar
(1)
This section applies to an application for registration under section 12 or 13.

Hunting Bill
Part 2 — Registration
7

(2)
On receipt of an application the registrar shall—
(a)
invite the prescribed animal welfare bodies to make written
representations about the application within a specified period, and
(b)
consider any written representations made by any of those bodies
within that period.
5
(3)
If the registrar is satisfied that the hunting proposed in an application would
satisfy the tests specified in section 7 he shall—
(a)
grant the application, or
(b)
refuse the application if he thinks that the applicant, or any of the
applicants, is not a fit and proper person to be registered by reason of a
10
matter specified in subsection (4).
(4)
Those matters are—
(a)
conviction for an offence under this Act,
(b)
conviction for an offence under the Protection of Animals Act 1911
(c. 27),
15
(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
Act 1992 (c. 51),
(e)
conviction for an offence under the Wild Mammals (Protection) Act
20
1996 (c. 3),
(f)
conviction for an offence under the Protection of Wild Mammals
(Scotland) Act 2002 (asp 6),
(g)
matters relating to the cancellation of the registration of the applicant
or any of the applicants or his or their removal from a group
25
registration, and
(h)
matters relating to the cancellation of the registration of an individual
who would be likely to hunt in reliance on the registration or his
removal from a group registration.
(5)
If the registrar is satisfied that the hunting proposed in an application would
30
satisfy the tests specified in section 7 if carried out in accordance with
conditions other than those specified in the application, he may, with the
consent of the applicant or applicants—
(a)
grant the application, and
(b)
add to or vary the conditions specified in the application.
35
(6)
Where the registrar determines not to grant an application under subsection (3)
or (5) he shall refuse it.
(7)
In considering an application the registrar shall assume, unless he has reason
not to, that the hunting proposed would be carried out in accordance with—
(a)
the conditions specified in section 26 or 27, and
40
(b)
any condition specified in the application.
17
Appeal to Tribunal
(1)
Where the registrar refuses an application under section 12 or 13 the applicant
or applicants may appeal to the Tribunal.
(2)
Where the registrar grants an application under section 12 or 13 a prescribed
45
animal welfare body may appeal to the Tribunal.

Hunting Bill
Part 2 — Registration
8

18
Determination by Tribunal
(1)
This section applies where an appeal is brought to the Tribunal under section
17 against the registrar’s decision on an application.
(2)
The Tribunal shall give the applicant or applicants and the prescribed animal
welfare bodies an opportunity to make representations.
5
(3)
If satisfied that the hunting proposed in the application would satisfy the tests
specified in section 7 the Tribunal shall—
(a)
grant the application, or
(b)
refuse the application if the Tribunal thinks that the applicant, or any of
the applicants, is not a fit and proper person to be registered by reason
10
of a matter specified in section 16(4).
(4)
If satisfied that the hunting proposed in the application would satisfy the tests
specified in section 7 if carried out in accordance with conditions other than
those specified in the application, the Tribunal may, with the consent of the
applicant or applicants—
15
(a)
grant the application, and
(b)
add to or vary the conditions specified in the application.
(5)
Where the Tribunal determines not to grant the application under subsection
(3) or (4) it shall refuse the application.
(6)
In considering an appeal under section 17 the Tribunal shall assume, unless it
20
has reason not to, that the hunting proposed in an application would be carried
out in accordance with—
(a)
the conditions specified in section 26 or 27, and
(b)
any condition specified in the application.
(7)
On determining an appeal the Tribunal may—
25
(a)
give a direction to the registrar;
(b)
make any order that it thinks appropriate.
19
Appeal from Tribunal
(1)
A person who is party to proceedings before the Tribunal under section 17 may
appeal on a point of law to the High Court.
30
(2)
An appeal under subsection (1) may be brought only with the permission of—
(a)
the Tribunal, or
(b)
if the Tribunal refuses permission, the High Court.
The register
20
Form of the register
35
The Secretary of State may make regulations about—
(a)
the form of the register;
(b)
the manner in which it is maintained.
21
Content of the register
In the case of each registration the register shall record—
40

Hunting Bill
Part 2 — Registration
9

(a)
the species of wild mammal in respect of the hunting of which the
registration has effect,
(b)
the area in respect of hunting in which the registration has effect,
(c)
any other information provided in or with the application for
registration,
5
(d)
any conditions of the registration (apart from those specified in section
26 or 27), and
(e)
such other matters as may be prescribed by regulations made by the
Secretary of State.
22
Inspection of the register
10
(1)
The registrar—
(a)
shall make the register available for inspection by the public at all
reasonable times, and
(b)
shall provide a copy of an entry in the register to any person who
requests it.
15
(2)
But the Secretary of State may by regulations—
(a)
provide that information of a specified kind shall not be made available
for inspection under subsection (1)(a) and shall be omitted from copies
provided under subsection (1)(b);
(b)
require the payment of a specified fee as a precondition of the provision
20
of a copy under subsection (1)(b).
(3)
Regulations under subsection (2)(a) may make provision by reference to a
request of a registered individual.
23
Standard duration of registration
Registration under this Part shall have effect for—
25
(a)
the period of three years starting with the date on which it is effected, or
(b)
such shorter period starting with that date as may be specified in the
application for registration.
24
Renewal of registration
(1)
Registration under this Part may be renewed so as to continue to have effect
30
for—
(a)
the period of three years starting with the date on which renewal is
effected, or
(b)
such shorter period starting with that date as may be specified in the
application for renewal.
35
(2)
A provision of this Act which has effect in relation to an application for
registration shall have effect (with any necessary modifications) in relation to
an application for the renewal of a registration.
(3)
If an application for renewal of registration is made more than six months
before the registration would otherwise expire, the registration shall continue
40
to have effect until the application is finally determined.
(4)
Subsection (3) has effect—
(a)
despite section 23, but

Hunting Bill
Part 2 — Registration
10

(b)
subject to any power under this Part to cancel or vary a registration.
(5)
Regulations under this Part may make special provision in relation to
applications for renewal.
25
Handling of applications
(1)
The Secretary of State may make regulations about the treatment of an
5
application under this Part (other than under section 12 or 13).
(2)
The regulations may, in particular—
(a)
enable the registrar to request, before determining an application, the
provision of information or additional information by the applicant or
applicants or by a prescribed animal welfare body;
10
(b)
make provision about timing.
Conditions of registration
26
Automatic conditions of individual registration
(1)
Individual registration is subject to the conditions specified in this section.
(2)
The first condition is that in the course of hunting carried out in reliance on the
15
registration reasonable steps are taken to ensure—
(a)
that any wild mammal injured or captured is killed quickly and
humanely,
(b)
that any wild mammal shot in accordance with paragraph (a) is shot by
a competent person, and
20
(c)
that hunting is carried out on land only with the prior permission of the
occupier of the land or, in the case of unoccupied land, a person to
whom it belongs.
(3)
The second condition is that any inspector appointed by a prescribed animal
welfare body is permitted on request to accompany the registered individual
25
for the purpose of inspecting hunting carried on in reliance on the registration.
(4)
The third condition is that there is insurance in place in respect of loss or
damage caused to persons other than the registered individual in the course of
hunting carried on in reliance on the registration.
(5)
The fourth condition is that where the registered individual hunts in reliance
30
on the registration not more than two other individuals (whether registered or
not) participate in the hunting.
27
Automatic conditions of group registration
(1)
Group registration is subject to the conditions specified in this section.
(2)
The first condition is that in the course of hunting carried out in reliance on the
35
registration reasonable steps are taken to ensure—
(a)
that any wild mammal injured or captured is killed quickly and
humanely,
(b)
that any wild mammal shot in accordance with paragraph (a) is shot by
a competent person, and
40

Hunting Bill
Part 2 — Registration
11

(c)
that hunting is carried out on land only with the prior permission of the
occupier of the land or, in the case of unoccupied land, a person to
whom it belongs.
(3)
The second condition is that any inspector appointed by a prescribed animal
welfare body is permitted on request to accompany individuals hunting in
5
reliance on the registration for the purpose of inspecting their hunting.
(4)
The third condition is that there is insurance in place in respect of loss or
damage caused to persons other than those registered in the course of hunting
in reliance on the registration.
(5)
The fourth condition is that—
10
(a)
on each occasion on which hunting is carried out in reliance on the
registration a record is made of the identity of each individual (whether
registered or not) who participates in the hunt, and
(b)
a record made under paragraph (a) is retained throughout the duration
of the registration.
15
(6)
The fifth condition is that reasonable steps are taken to exclude from
participation in hunting carried out in reliance on the registration any
individual whom any of the registered individuals knows or suspects—
(a)
to have had his registration under this Part cancelled, or to have been
removed from a group registration, within the previous period of three
20
years,
(b)
to be subject to a disqualification order under section 42, or
(c)
to have been convicted of an offence under this Act, the Protection of
Animals Act 1911 (c. 27), the Protection of Animals (Scotland) Act 1912
(c. 14), the Wild Mammals (Protection) Act 1996 (c. 3), the Protection of
25
Wild Mammals (Scotland) Act 2002 (asp 6), or under section 2 of the
Protection of Badgers Act 1992 (c. 51).
28
Amendment of automatic conditions
The Secretary of State may by order amend section 26 or 27 so as to—
(a)
add a condition;
30
(b)
remove a condition;
(c)
vary a condition.
29
Variation of non-automatic condition
(1)
An individual who is the subject of an individual registration may apply to the
registrar for variation of the conditions of the registration (other than a
35
condition imposed by section 26).
(2)
A group of individuals who are the subject of a group registration may apply
to the registrar for variation of the conditions of the registration (other than a
condition imposed by section 27).
(3)
An application must—
40
(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.

Hunting Bill
Part 2 — Registration
12

(4)
Section 16 shall apply to an application under this section as if—
(a)
a reference to the hunting proposed to be carried out were a reference
to hunting carried out in reliance on the registration under the
conditions as proposed to be varied, and
(b)
the assumption in subsection (7) were an assumption about compliance
5
with the conditions of registration as proposed to be varied.
(5)
In this section “prescribed” means prescribed by regulations made by the
Secretary of State.
30
Appeal to Tribunal
(1)
Where the registrar grants or refuses an application under section 29 a party to
10
the application may appeal to the Tribunal.
(2)
The Tribunal shall give the appellant or appellants and the prescribed animal
welfare bodies an opportunity to make representations.
(3)
On determining the appeal the Tribunal may—
(a)
give a direction to the registrar;
15
(b)
make any order that it thinks appropriate.
(4)
A person who is party to proceedings under this section may appeal on a point
of law to the High Court.
(5)
An appeal under subsection (4) may be brought only with the permission of—
(a)
the Tribunal, or
20
(b)
if the Tribunal refuses permission, the High Court.
Variation and cancellation of registration
31
Group registration: addition or replacement
(1)
An individual may apply to the registrar to be added to a group registration—
(a)
as an additional registered individual, or
25
(b)
in substitution for an individual registered.
(2)
The applicant must be at least 16 years of age.
(3)
An application under this section must—
(a)
be in the prescribed form,
(b)
contain the prescribed information,
30
(c)
be accompanied by the prescribed documents (if any), and
(d)
be accompanied by the prescribed fee.
(4)
An application under this section must be accompanied by the written consent
of more than half of the individuals registered under the group registration.
(5)
In the case of an application to replace an individual the consents under
35
subsection (4) must include his consent.
(6)
The registrar shall grant an application under this section unless he thinks that
the applicant is not a fit and proper person to be registered by reason of—
(a)
a conviction for an offence under this Act,