HL Deb 17 November 2004 vol 666 cc1571-84

13 Insert the following new Clause—

"Advisory bodies

(1) English Nature may provide advice on request to the registrar or the Tribunal 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."

13A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

14 Insert the following new clause—

"Application for registration

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 countersigned by a parent or guardian.

(4) An application must—

  1. (a) be in the prescribed form,
  2. (b) contain the prescribed information,
  3. (c) be accompanied by the prescribed documents (if any), and
  4. (d) be accompanied by the prescribed fee.

(5) An application must specify—

  1. (a) the species of wild mammal which it is proposed to hunt, and
  2. (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 Secretary of State."

14A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

15 Insert the following new clause—

"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—

  1. (a) the individual registered or one or more of the individuals registered, and
  2. (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—

  1. (a) be in the prescribed form,
  2. (b) contain the prescribed information,
  3. (c) be accompanied by the prescribed documents (if any), and
  4. (d) be accompanied by the prescribed fee.

(4) An application must specify—

  1. (a) the species of wild mammal which it is proposed to hunt, and
    2. 1572
  2. (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—

  1. (a) a maximum number of individuals who may hunt at any time,
  2. (b) arrangements to ensure compliance with the condition about records imposed by section (Automatic conditions of group registration )(5), and
  3. (c) arrangements for supervision by the individual or individuals to be registered of non-registered individuals participating in the proposed 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)).

(8) Section (Registered hunting)(1) shall have effect as if the reference to individual registration included a reference to registration by virtue of subsection (7) above (but section (Registered hunting)(3) shall not apply).

(9) In this section "prescribed" means prescribed by regulations made by the Secretary of State."

15A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

16 Insert the following new clause—

"Handling

(1) The Secretary of State may make regulations about the treatment of an application under section (Application by individual) or (Application on behalf of group).

(2) The regulations may, in particular—

  1. (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;
  2. (b) make provision about timing;
  3. (c) enable or require the registrar to permit the amendment of an application, by the applicant or applicants, before its determination."

16A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

17 Insert the following new Clause—

"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 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.

(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 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—

  1. (a) a refusal, cancellation or removal, other than one under section (Determination by registrar)(3)(b), (Determination by Tribunal)(3)(b), (Group registration: addition or replacement)(6) or (De-registration: conviction of an offence)(1), does not prevent a new application which—
    1. (i) relates only to species to which the old application or registration did not relate, or
    2. (ii) relates only to an area to which the old application or registration did not relate, and
  2. (b) the registrar may permit an application despite any of subsections (1) to (5) by reason of a material change of circumstances.

(7) In this section—

17A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments No. 1 to 10 to which the Commons have disagreed.

18 Insert the following new clause—

"Determination

Determination by registrar

(1) This section applies to an application for registration under section (Application by individual) or (Application on behalf of group).

(2) On receipt of an application the registrar shall—

  1. (a) invite the prescribed animal welfare bodies to make written representations about the application within a specified period, and
  2. (b) consider any written representations made by any of those bodies within that period.

(3) If the registrar is satisfied that the hunting proposed in an application would satisfy the tests specified in section (Tests for registration: utility and least suffering) he shall—

  1. (a) grant the application, or
  2. (b) refuse the application if he thinks that the applicant, or any of the applicants, is not a lit and proper person to be registered by reason of a matter specified in subsection (4).

(4) Those matters are—

  1. (a) conviction for an offence under this Act,
  2. (b) conviction for an offence under the Protection of Animals Act 1911 (c. 27),
  3. (c) conviction for an offence under the Protection of Animals (Scotland) Act 1912 (c. 14),
  4. (d) conviction for an offence under section 2 of the Protection of Badgers Act 1992 (c. 51),
  5. (e) conviction for an offence under the Wild Mammals (Protection) Act 1996 (c. 3),
  6. (f) conviction for an offence under the Protection of Wild Mammals (Scotland) Act 2002 (asp 6),
  7. (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 registration, and
  8. (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 satisfy the tests specified in section (Tests for registration: utility and least suffering) if carried out in accordance with conditions other than those specified in the application, he may, with the consent of the applicant or applicants—

  1. (a) grant the application, and
  2. (b) add to or vary the conditions specified in the application.

(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—

  1. (a) the conditions specified in section (Automatic conditions of individual registration) or (Automatic conditions of group registration), and
  2. (b) any condition specified in the application."

18A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

19 Insert the following new clause—

"Appeal to Tribunal

(1) Where the registrar refuses an application under section (Application by individual) or (Application on behalf of group) the applicant or applicants may appeal to the Tribunal.

(2) Where the registrar grants an application under section (Application by individual) or (Application on behalf of group) a prescribed animal welfare body may appeal to the Tribunal."

19A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

20 Insert the following new clause—

"Determination by Tribunal

(1) This section applies where an appeal is brought to the Tribunal under section (Appeal to Tribunal) 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.

(3) If satisfied that the hunting proposed in the application would satisfy the tests specified in section (Tests for registration: utility and least suffering) the Tribunal shall—

  1. (a) grant the application, or
  2. (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 of a matter specified in section (Determination by registrar)(4).

(4) If satisfied that the hunting proposed in the application would satisfy the tests specified in section (Tests for registration: utility and least suffering) 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—

  1. (a) grant the application, and
  2. (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 (Appeal to Tribunal) the Tribunal shall assume, unless it has reason not to, that the hunting proposed in an application would be carried out in accordance with—

  1. (a) the conditions specified in section (Automatic conditions of individual registration) or (Automatic conditions of group registration), and
  2. (b) any condition specified in the application.

(7) On determining an appeal the Tribunal may—

  1. (a) give a direction to the registrar;
  2. (b) make any order that it thinks appropriate."

20A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

21 Insert the following new clause—

"Appeal from Tribunal

(1) A person who is party to proceedings before the Tribunal under section (Appeal to Tribunal) may appeal on a point of law to the High Court.

(2) An appeal under subsection (1) may be brought only with the permission of—

  1. (a) the Tribunal, or
  2. (b) if the Tribunal refuses permission, the High Court."

21A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

22 Insert the following new clause—"The register

Form of the register

The Secretary of State may make regulations about—

  1. (a) the form of the register;
  2. (b) the manner in which it is maintained."

22A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

23 Insert the following new clause—

"Content of the register

In the case of each registration the register shall record—

  1. (a) the species of wild mammal in respect of the hunting of which the registration has effect,
  2. (b) the area in respect of hunting in which the registration has effect,
  3. (c) any other information provided in or with the application for registration,
  4. (d) any conditions of the registration (apart from those specified in section (Automatic conditions of individual registration) or (Automatic conditions of group registration), and
  5. (e) such other matters as may be prescribed by regulations made by the Secretary of State."

23A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

24 Insert the following new clause—

"Inspection of the register

(1) The registrar—

  1. (a) shall make the register available for inspection by the public at all reasonable times, and
  2. (b) shall provide a copy of an entry in the register to any person who requests it.

(2) But the Secretary of State may by regulations—

  1. (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);
  2. (b) require the payment of a specified fee as a precondition of the provision 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."

24A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

25 Insert the following new Clause—

"Standard duration of registration

Registration under this Part shall have effect for—(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."

25A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

26 Insert the following new clause—

"Renewal of registration

(1) Registration under this Part may be renewed so as to continue to have effect for—

  1. (a) the period of three years starting with the date on which renewal is effected, or
  2. (b) such shorter period starting with that date as may be specified in the application for renewal.

(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 to have effect until the application is finally determined.

(4) Subsection (3) has effect—

  1. (a) despite section (Standard duration of registration), but
  2. (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."

26A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments No. 1 to 10 to which the Commons have disagreed.

27 Insert the following new clause—

"Handling of applications

(1) The Secretary of State may make regulations about the treatment of an application under this Part (other than under section (Application by individual) or (Application on behalf of group).

(2) The regulations may, in particular—

  1. (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;
  2. (b) make provision about timing."

27A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments No. 1 to 10 to which the Commons have disagreed.

28 Insert the following new clause—"Conditions of registration

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 registration reasonable steps are taken to ensure—

  1. (a) that any wild mammal injured or captured is killed quickly and humanely,
  2. (b) that any wild mammal shot in accordance with paragraph (a) is shot by a competent person, and
  3. (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 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 on the registration not more than two other individuals (whether registered or not) participate in the hunting."

28A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments No. 1 to 10 to which the Commons have disagreed.

29 Insert the following new clause—

"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 registration reasonable steps are taken to ensure—

  1. (a) that any wild mammal injured or captured is killed quickly and humanely,
  2. (b) that any wild mammal shot in accordance with paragraph (a) is shot by a competent person, and
  3. (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 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—

  1. (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
  2. (b) a record made under paragraph (a) is retained throughout the duration of the registration.

(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—

  1. (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 years,
  2. (b) to be subject to a disqualification order under section (Disqualification for registration), or
    3. 1578
  3. (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 Wild Mammals (Scotland) Act 2002 (asp 6), or under section 2 of the Protection of Badgers Act 1992 (c. 51)."

29A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments No. 1 to 10 to which the Commons have disagreed.

30 Insert the following new clause—

"Amendment of automatic conditions

The Secretary of State may by order amend section (Automatic conditions of individual registration) or (Automatic conditions of group registration) so as to—

  1. (d) add a condition;
  2. (e) remove a condition;
  3. (f) vary a condition."

30A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments No. 1 to 10 to which the Commons have disagreed.

31 Insert the following new clause—

"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 condition imposed by section (Automatic conditions of individual registration)).

(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 (Automatic conditions of group registration)).

(3) An application must—

  1. (a) be in the prescribed form,
  2. (b) contain the prescribed information,
  3. (c) be accompanied by the prescribed documents (if any), and
  4. (d) be accompanied by the prescribed fee.

(4) Section (Determination by registrar) shall apply to an application under this section as if—

  1. (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
  2. (b) the assumption in subsection (7) were an assumption about compliance 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."

31A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

32 Insert the following new clause—

"Appeal to Tribunal (No. 2)

(1) Where the registrar grants or refuses an application under section (Variation of non-automatic condition) a party to 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—

  1. (a) give a direction to the registrar;
  2. (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—

  1. (a) the Tribunal, or
  2. (b) if the Tribunal refuses permission, the High Court."

32A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments No. 1 to 10 to which the Commons have disagreed.

33 Insert the following new clause—"Variation and cancellation of registration

Group registration: addition or replacement

(1) An individual may apply to the registrar to be added to a group registration—

  1. (a) as an additional registered individual, or
  2. (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—

  1. (a) be in the prescribed form,
  2. (b) contain the prescribed information,
  3. (c) be accompanied by the prescribed documents (if any), and
  4. (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 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 lit and proper person to be registered by reason of—

  1. (a) a conviction for an offence under this Act,
  2. (b) a conviction for an offence under the Protection of Animals Act 1911 (c. 27),
  3. (c) conviction for an offence under the Protection of Animals (Scotland) Act 1912 (c. 14),
  4. (d) conviction for an offence under section 2 of the Protection of Badgers Act 1992 (c. 51),
  5. (e) conviction for an offence under the Wild Mammals (Protection) Act 1996 (c. 3),
  6. (f) conviction for an offence under the Protection of Wild Mammals (Scotland) Act 2002 (asp 6), or
  7. (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 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.

(10) In this section "prescribed" means prescribed by regulations made by the Secretary of State."

33A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

34 Insert the following new clause—

"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—

  1. (a) this Act,
  2. (b) the Protection of Animals Act 1911 (c. 27),
  3. (c) the Protection of Animals (Scotland) Act 1912 (c. 14),
  4. (d) section 2 of the Protection of Badgers Act 1992 (c. 51),
  5. (e) the Wild Mammals (Protection) Act 1996 (c. 3),
  6. (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)."

34A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

35 Insert the following new clause—

"De-registration: general

(1) Any of the prescribed animal welfare bodies 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—

  1. (a) a condition of the registration has been breached, or
  2. (b) the tests specified in section (Tests for registration: utility and least suffering) are no longer satisfied in respect of the hunting to which the registration relates.

(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.

(3) An application under this section must—

  1. (a) be in the prescribed form,
  2. (b) contain the prescribed information,
  3. (c) be accompanied by the prescribed documents (if any), and
  4. (d) be accompanied by the prescribed fee.

(4) On an application under this section the following are entitled to make written representations to the registrar—

  1. (a) the applicant,
  2. (b) the relevant registered individual or individuals, and
  3. (c) in the case of an application under subsection (2), any person to whom 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 (Automatic conditions of group registration)(5).

(6) On an application under this section the registrar may—

  1. (a) cancel a registration or remove an individual from a group registration (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);
  2. (b) with the consent of the individual or individuals registered, vary the conditions of registration.

(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."

35A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

36 Insert the following new clause—

"Appeal to Tribunal (No. 3)

(1) Where the registrar refuses an application under section (Group registration: addition or replacement) the applicant may appeal to the Tribunal.

(2) Where the registrar takes action in respect of an individual under section (De-registration: conviction of offence) the individual may appeal to the Tribunal.

(3) Where the registrar grants or refuses an application under section (De-registration: general) a party to the application may appeal to the Tribunal.

(4) The Tribunal shall give the following an opportunity to make representations—

  1. (a) the appellant or appellants,
  2. (b) the relevant registered individual or individuals (if not the appellant or appellants),
  3. (c) the prescribed animal welfare bodies, and
  4. (d) in the case of an appeal in respect of an application under section (De-registration: general)(2), a person to whom the relevant land belongs.

(5) For the purposes of an appeal under this section the Tribunal may require the production of a record made pursuant to section (Automatic conditions of group registration)(5).

(6) On determining the appeal the Tribunal may—

  1. (a) give a direction to the registrar;
  2. (b) make any order that it thinks appropriate.

(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—

  1. (a) the Tribunal, or
  2. (b) if the Tribunal refuses permission, the High Court."

36A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos 1 to 10 to which the Commons have disagreed.

37 Insert the following new clause—

"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 he was included."

37A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

38 Insert the following new clause—"Offences

False information

A person commits an offence if—

  1. (a) he makes a false statement or gives false information in an application under this Part, and
  2. (b) he does not believe the statement or information to be true."

38A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

39 Insert the following new clause—

"Group registration: failure to keep records

(1) In the case of a group registration each registered individual commits an offence if he fails—

  1. (a) to make a record of each occasion on which he hunts in purported reliance on the registration,
  2. (b) when hunting in purported reliance on the registration, to make a record of the identity of each individual participating in the hunting, or
  3. (c) to retain throughout the duration of the registration each record made 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."

39A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

40 Page 2, line 20, at end insert—

"( ) Where a magistrates' court convicts a person of an offence under this Act the clerk of the court (within the meaning of section 141 of the Magistrates' Courts Act 1980 (c. 43)) shall notify the registrar."

40A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

41 Insert the following newclause—

"Disqualification for registration

(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—

  1. (a) be registered under Part 1A of this Act, or
  2. (b) hunt in reliance on section (Registered hunting)(2) or (3).

(2) A disqualification order shall specify the duration of the disqualification (which may be for the person's life).

(3) The registrar—

  1. (a) shall not register a person who is subject to a disqualification order,
  2. (b) shall cancel a person's registration if he is registered when a disqualification order takes effect, and
  3. (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—

  1. (a) a year has elapsed since the date of the order, and
  2. (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—

  1. (a) the magistrates' court which made the disqualification order, or
  2. (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.

(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 (c. 43)) 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."

41A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

42 Page 4, line 20, at end insert "; or (c) a person engages or participates in a hare coursing event.

42AThe Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

43 Page 4, line 28, at end insert—

"( ) For the purposes of this Act an application to the registrar shall be treated as finally determined when—
  1. (a) the registrar has determined the application (or it has been withdrawn or abandoned), and
  2. (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).

( ) 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 registrar or Tribunal about the proceedings."

43A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments Nos. 1 to 10 to which the Commons have disagreed.

44 Page 5, line 2, leave out from "order" to end of line 5 and insert ", regulations or rules made by the Secretary of State or the Lord Chancellor under this Act shall be made by statutory instrument.

( ) 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, other than an order under section (Commencement) which shall not be subject to parliamentary proceedings.

( ) Regulations and rules under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

( ) An order, regulations or rules made by the Secretary of State or the Lord Chancellor under this Act—"

44A The Commons disagree to this amendment for the following reason—

Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

The noble Lord said: My Lords, I hope that I can speed things up a bit now. I beg to move that the House do not insist on its Amendments Nos. 13 to 44 to which the Commons have disagreed for their reasons numbered 13A to 44A. I have spoken to these amendments with Amendment No. 1.

Moved, That the House do not insist on its Amendments Nos. 13 to 44 to which the Commons have disagreed for their reasons numbered 13A to 44A.—(Lord Whitty.)

Baroness Mallalieu rose to move Amendment No. 13B, as an amendment to the Motion that the House do not insist on its Amendments Nos. 13 to 44 to which the Commons have disagreed for their reasons numbered 13A to 44A, leave out "not".

The noble Baroness said: My Lords, I have spoken to all these amendments with Amendment No. 1.

Moved, as an amendment to the Motion that this House do not insist on its Amendments Nos. 13 to 44 to which the Commons have disagreed for their reasons numbered 13A to 44A, leave out "not".—(Baroness Mallalieu.)

On Question, amendment agreed to.

Motion, as amended, agreed to.