Clause 45 - Interpretation

Part of Hunting Bill – in a Public Bill Committee at 9:45 am on 27 February 2003.

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Photo of Alun Michael Alun Michael Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs 9:45, 27 February 2003

As the hon. Gentleman said, the amendment would change the time at which an application is treated as finally determined. At present, it is treated as finally determined when the registrar has made his decision or, if an appeal is made, when the tribunal has determined that appeal. Under the amendment, the time of final determination would be after appropriate notification of the decision to the applicant by the registrar.

I do not think that the change proposed in the amendment is necessary and I cannot see any benefit in it. As soon as the registrar makes a decision on the application, whether it is to grant or to refuse it, he will notify the applicant of the decision. Indeed, details of the way in which he carries out those bureaucratic functions will be set out in regulations. During the

transition period, hunting may continue until an application submitted before the Bill is fully enforced—that will be within a specified period—is fully determined. The definition in clause 45(5) makes it clear that an application will be finally determined only when the registrar has reached his decision and the tribunal has determined any appeal, or the time limit for appealing has been exhausted. It follows that the registrar's decision does not itself lead to immediate prohibition of the hunting in question if there is an appeal, so it is unnecessary to refer to notification to the hunt at that stage. I shall resist the amendment.