HL Deb 27 October 2004 vol 665 cc1333-4

(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 fit 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. 1334
  9. (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."

On Question, amendment agreed to.

Lord Mancroft moved Amendment No. 26:

After Clause 5, insert the following new clause—