HL Deb 27 October 2004 vol 665 c1335

(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.

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."

After Clause 5, insert the following new clause—