Editing Hunting Act 2004 (section)

===Falconry===
In making [[falconry]] an exempt form of hunting, the Act lays down two conditions.<ref name=Schedule1/>

"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."<ref name=Schedule1/>

Such activity must be done on land which belongs to the hunter or which he has been given permission to use for the purpose.<ref name=Schedule1/>

Many traditional hunts have bought birds of prey and say that they are using hounds to flush foxes to the bird of prey. Many experts, such as the Hawk Board, deny that any bird of prey can reasonably be used in the British countryside to kill a fox which has been flushed by (and is being chased by) a pack of hounds. If this view proves to be correct, then it is unlikely that such a use of dogs is lawful.<ref>{{Cite magazine|last=McLeod |first=I.|year=2005|title=Birds of prey and the Hunting Act 2004|magazine=[[Justice of the Peace (magazine)|Justice of the Peace]] |issue=169|pages=774–775}}</ref>

Expert opinion on the limitations of flushing foxes to birds of prey will be available to advise courts considering such cases, when they are litigated. For now, the question of what is lawful remains to be determined.<ref name=Schedule1/>