Explanatory note

This Order is made under sections 2(2) and 14(c) and (d) of the Hunting Act 2004 (c. 37) and section 28(2)(a) of the Small Business, Enterprise and Employment Act 2015 (c. 26).

The Hunting Act 2004 makes it an offence to hunt a wild mammal with a dog, unless the hunting is within a class of exempt hunting specified in Schedule 1 to that Act.

This Order amends Schedule 1 so as to vary certain classes of exempt hunting, as follows—

in paragraphs 1 (stalking and flushing out), 8 (rescue of wild mammal) and 9 (research and observation) of that Schedule, by providing that the number of dogs which may be used is to be that which is appropriate to the terrain and any other relevant circumstance, and which enables the activity to be carried out as efficiently as possible (articles 3, 5(b) and 6); the description of wild mammal that may be hunted under paragraph 8 is now extended to include any which the hunter reasonably believes is or may be diseased (article 5(a)); and

in paragraph 2 (use of dogs below ground to protect birds for shooting) of that Schedule, by adding the protection of livestock as a purpose for which that exemption applies, and by providing that the existing requirement to make available, to a constable who asks to see it, written evidence of a person’s right to be on land where the activity takes place, may now be fulfilled, if not immediately, then by the person’s producing such evidence at a police station specified by him within seven days or as soon as is reasonably practicable (article 4).

As required by section 28(2)(a) of the Small Business, Enterprise and Employment Act 2015 (c. 26) the Order requires the Secretary of State to review the operation and effect of this Order and publish a report within five years after it comes into force and within every five years after that (article 7). Following a review it will fall to the Secretary of State to consider whether the Order should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke the Order or to amend it.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.