Search Legislation

Advanced Search

Hunting Act 2004

Status:

This is the original version (as it was originally enacted).

Stalking and flushing out

This section has no associated Explanatory Notes

1(1)Stalking a wild mammal, or flushing it out of cover, is exempt hunting if the conditions in this paragraph are satisfied.

(2)The first condition is that the stalking or flushing out is undertaken for the purpose of—

(a)preventing or reducing serious damage which the wild mammal would otherwise cause—

(i)to livestock,

(ii)to game birds or wild birds (within the meaning of section 27 of the Wildlife and Countryside Act 1981 (c. 69)),

(iii)to food for livestock,

(iv)to crops (including vegetables and fruit),

(v)to growing timber,

(vi)to fisheries,

(vii)to other property, or

(viii)to the biological diversity of an area (within the meaning of the United Nations Environmental Programme Convention on Biological Diversity of 1992),

(b)obtaining meat to be used for human or animal consumption, or

(c)participation in a field trial.

(3)In subparagraph (2)(c) “field trial” means a competition (other than a hare coursing event within the meaning of section 5) in which dogs—

(a)flush animals out of cover or retrieve animals that have been shot (or both), and

(b)are assessed as to their likely usefulness in connection with shooting.

(4)The second condition is that the stalking or flushing out takes place on land—

(a)which belongs to the person doing the stalking or flushing out, or

(b)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.

(5)The third condition is that the stalking or flushing out does not involve the use of more than two dogs.

(6)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.

(7)The fifth condition is that—

(a)reasonable steps are taken for the purpose of ensuring that as soon as possible after being found or flushed out the wild mammal is shot dead by a competent person, and

(b)in particular, each dog used in the stalking or flushing out is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective in paragraph (a).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources