Решение № 6/16 более широкое использование предварительной информации о пассажирах
A person commits an offence if he hunts a wild mammal with a dog, unless his hunting is exempt.
Hunting is exempt if it is within a class specified in Schedule 1.
The Secretary of State may by order amend Schedule 1 so as to vary a class of exempt hunting.
A person commits an offence if he knowingly permits land which belongs to him to be entered or used in the course of the commission of an offence under section 1.
A person commits an offence if he knowingly permits a dog which belongs to him to be used in the course of the commission of an offence under section 1.
It is a defence for a person charged with an offence under section 1 in respect of hunting to show that he reasonably believed that the hunting was exempt.
A person commits an offence if he—
participates in a hare coursing event,
attends a hare coursing event,
knowingly facilitates a hare coursing event, or
permits land which belongs to him to be used for the purposes of a hare coursing event.
Each of the following persons commits an offence if a dog participates in a hare coursing event—
any person who enters the dog for the event,
any person who permits the dog to be entered, and
any person who controls or handles the dog in the course of or for the purposes of the event.
A “hare coursing event” is a competition in which dogs are, by the use of live hares, assessed as to skill in hunting hares.
A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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to have committed an offence under section 1 or 5(1)(a), (b) or (2),
to be committing an offence under any of those provisions, or
to be about to commit an offence under any of those provisions.
This section applies where a constable reasonably suspects that a person (“the suspect”) is committing or has committed an offence under Part 1 of this Act.
If the constable reasonably believes that evidence of the offence is likely to be found on the suspect, the constable may stop the suspect and search him.
If the constable reasonably believes that evidence of the offence is likely to be found on or in a vehicle, animal or other thing of which the suspect appears to be in possession or control, the constable may stop and search the vehicle, animal or other thing.
A constable may seize and detain a vehicle, animal or other thing if he reasonably believes that—
it may be used as evidence in criminal proceedings for an offence under Part 1 of this Act, or
it may be made the subject of an order under section 9.
For the purposes of exercising a power under this section a constable may enter—
land;
premises other than a dwelling;
a vehicle.
The exercise of a power under this section does not require a warrant.
A court which convicts a person of an offence under Part 1 of this Act may order the forfeiture of any dog or hunting article which—
was used in the commission of the offence, or
was in the possession of the person convicted at the time of his arrest.
A court which convicts a person of an offence under Part 1 of this Act may order the forfeiture of any vehicle which was used in the commission of the offence.
In subsection (1) “hunting article” means anything designed or adapted for use in connection with—
hunting a wild mammal, or
hare coursing.
A forfeiture order—
may include such provision about the treatment of the dog, vehicle or article forfeited as the court thinks appropriate, and
subject to provision made under paragraph (a), shall be treated as requiring any person who is in possession of the dog, vehicle or article to surrender it to a constable as soon as is reasonably practicable.
Where a forfeited dog, vehicle or article is retained by or surrendered to a constable, the police force of which the constable is a member shall ensure that such arrangements are made for its destruction or disposal—
as are specified in the forfeiture order, or
where no arrangements are specified in the order, as seem to the police force to be appropriate.
The court which makes a forfeiture order may order the return of the forfeited dog, vehicle or article on an application made—
by a person who claims to have an interest in the dog, vehicle or article (other than the person on whose conviction the order was made), and
before the dog, vehicle or article has been destroyed or finally disposed of under subsection (5).
A person commits an offence if he fails to—
comply with a forfeiture order, or
co-operate with a step taken for the purpose of giving effect to a forfeiture order.
This section applies where an offence under this Act is committed by a body corporate with the consent or connivance of an officer of the body.
The officer, as well as the body, shall be guilty of the offence.
In subsection (1) a reference to an officer of a body corporate includes a reference to—
a director, manager or secretary,
a person purporting to act as a director, manager or secretary, and
if the affairs of the body are managed by its members, a member.
In this Act “wild mammal” includes, in particular—
a wild mammal which has been bred or tamed for any purpose,
a wild mammal which is in captivity or confinement,
a wild mammal which has escaped or been released from captivity or confinement, and
any mammal which is living wild.
For the purposes of this Act a reference to a person hunting a wild mammal with a dog includes, in particular, any case where—
a person engages or participates in the pursuit of a wild mammal, and
one or more dogs are employed in that pursuit (whether or not by him and whether or not under his control or direction).
For the purposes of this Act land belongs to a person if he—
owns an interest in it,
manages or controls it, or
occupies it.
For the purposes of this Act a dog belongs to a person if he—
owns it,
is in charge of it, or
has control of it.
This Act—
binds the Crown, and
applies to anything done on or in respect of land irrespective of whether it belongs to or is used for the purposes of the Crown or a Duchy.
Schedule 2 (consequential amendments) shall have effect.
The enactments listed in Schedule 3 are hereby repealed to the extent specified.
An order of the Secretary of State under this Act—
shall be made by statutory instrument,
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament,
may make provision which applies generally or only in specified circumstances or for specified purposes,
may make different provision for different circumstances or purposes, and
may make transitional, consequential and incidental provision.
This Act shall come into force at the end of the period of three months beginning with the date on which it is passed.
This Act may be cited as the Hunting Act 2004.
This Act shall extend only to England and Wales.
Section 2
Stalking a wild mammal, or flushing it out of cover, is exempt hunting if the conditions in this paragraph are satisfied. The first condition is that the stalking or flushing out is undertaken for the purpose of— In subparagraph (2)(c) “field trial” means a competition (other than a hare coursing event within the meaning of section 5) in which dogs— The second condition is that the stalking or flushing out takes place on land— The third condition is that the stalking or flushing out does not involve the use of more than two dogs. The fourth condition is that the stalking or flushing out does not involve the use of a dog below ground otherwise than in accordance with paragraph 2 below. The fifth condition is that—
The hunting of a hare which has been shot is exempt if it takes place on land—
which belongs to the hunter, or
which he has been given permission to use for the purpose of hunting hares by the occupier or, in the case of unoccupied land, by a person to whom it belongs.
The hunting of a wild mammal is exempt if the conditions in this paragraph are satisfied. The first condition is that the hunter reasonably believes that the wild mammal is or may be injured. The second condition is that the hunting is undertaken for the purpose of relieving the wild mammal’s suffering. The third condition is that the hunting does not involve the use of more than two dogs. The fourth condition is that the hunting does not involve the use of a dog below ground. The fifth condition is that the hunting takes place— The sixth condition is that— The seventh condition is that the wild mammal was not harmed for the purpose of enabling it to be hunted in reliance upon this paragraph.
In section 5 of the Game Licences Act 1860 (exceptions) exceptions 3 and 4 (hares and deer) shall cease to have effect.
For the purposes of section 2 of the Wild Mammals (Protection) Act 1996 (offences: exceptions) the hunting of a wild mammal with a dog (within the meaning of this Act) shall be treated as lawful if and only if it is exempt hunting within the meaning of this Act.
The use of a dog below ground in the course of stalking or flushing out is in accordance with this paragraph if the conditions in this paragraph are satisfied. The first condition is that the stalking or flushing out is undertaken for the purpose of preventing or reducing serious damage to game birds or wild birds (within the meaning of section 27 of the Wildlife and Countryside Act 1981 (c. 69)) which a person is keeping or preserving for the purpose of their being shot. The second condition is that the person doing the stalking or flushing out— The third condition is that the stalking or flushing out does not involve the use of more than one dog below ground at any one time. In so far as stalking or flushing out is undertaken with the use of a dog below ground in accordance with this paragraph, paragraph 1 shall have effect as if for the condition in paragraph 1(7) there were substituted the condition that—
Flushing a wild mammal from cover is exempt hunting if undertaken—
for the purpose of enabling a bird of prey to hunt the wild mammal, and
on land which belongs to the hunter or which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.
The hunting of a wild mammal is exempt if the conditions in this paragraph are satisfied. The first condition is that the hunting is undertaken for the purpose of or in connection with the observation or study of the wild mammal. The second condition is that the hunting does not involve the use of more than two dogs. The third condition is that the hunting does not involve the use of a dog below ground. The fourth condition is that the hunting takes place on land— The fifth condition is that each dog used in the hunt is kept under sufficiently close control to ensure that it does not injure the wild mammal.
The hunting of rats is exempt if it takes place on land—
which belongs to the hunter, or
which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.
The hunting of rabbits is exempt if it takes place on land—
which belongs to the hunter, or
which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.
The hunting of a wild mammal which has escaped or been released from captivity or confinement is exempt if the conditions in this paragraph are satisfied. The first condition is that the hunting takes place— The second condition is that— The third condition is that the wild mammal—
In section 1(3)(b) of the Protection of Animals Act 1911 (offence of cruelty: exceptions) a reference to coursing or hunting shall not include a reference to—
participation in a hare coursing event (within the meaning of section 5 of this Act), or
the coursing or hunting of a wild mammal with a dog (within the meaning of this Act).
Section 13
In section 35 of the Game Act 1831 (provision about trespassers: exceptions) the following words shall cease to have effect: “to any person hunting or coursing upon any lands with hounds or greyhounds, and being in fresh pursuit of any deer, hare or fox already started upon any other land, nor”.
Section 8(4) to (9) of the Protection of Badgers Act 1992 (exception for hunting) shall cease to have effect.
Section 13 Short title and chapter Extent of repeal The Game Act 1831 (c. 32) In section 35, the words “to any person hunting or coursing upon any lands with hounds or greyhounds, and being in fresh pursuit of any deer, hare or fox already started upon any other land, nor”. The Game Licences Act 1860 (c. 90) In section 5, exceptions 3 and 4. The Protection of Badgers Act 1992 (c. 51) Section 8(4) to (9).