§ (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—
- (a) be registered under Part 1A of this Act, or
- (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—
- (a) shall not register a person who is subject to a disqualification order,
- (b) shall cancel a person's registration if he is registered when a disqualification order takes effect, and
- (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—
- (a) a year has elapsed since the date of the order, and
- (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—
- (a) the magistrates' court which made the disqualification order, or
- (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."
§ On Question, amendment agreed to.1375
§ Clause 10 agreed to.
§ Clause 11 [Interpretation]:
§ Baroness Mallalieu moved Amendments Nos. 50 and 51:
§ Page 4, line 20, at end insert "; or
§ "(c) a person engages or participates in a hare coursing event."
§ 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—
- (a) the registrar has determined the application (or it has been withdrawn or abandoned), and
- (b) an appeal to the Tribunal has been determined by the Tribunal (or withdrawn or abandoned) or can no longer be brought (ignoring the possibility of an appeal out of time with permission).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."
§ On Question, amendments agreed to.
§ Clause 11, as amended, agreed to.
§ Clauses 12 and 13 agreed to.
§ Clause 14 [Subordinate legislation]:
§ Baroness Mallalieu moved Amendment No. 52:
§ 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.
§ ( ) 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—"
§ The noble Baroness said: The amendment deals with subordinate legislation under the Bill. Subsection (2) of the amendment provides that an order made by the Secretary of State under the Bill cannot be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament. Subsection (3) provides that regulations and rules made under the Bill are subject to annulment following the resolution of either House of Parliament. The wording in the amendment is precisely that of the Government's original Bill introduced in December 2002.
§ On Question, amendment agreed to.
§ [Amendment No. 52A not moved.]
§ Clause 14, as amended, agreed to.
§ Baroness Mallalieu moved Amendment No. 53:
§ After Clause 14, insert the following new clause—