Editing Hunting Act 2004 (section)

=== Use of dogs below ground to protect birds for shooting===
Hunting below ground often took place with [[Working terrier|terriers]], and the Act outlaws hunting with terriers, apart from a narrowly drawn exemption, described by the Minister, Alun Michael MP, as existing "for [[gamekeeper]]s".<ref>{{cite web|url=https://publications.parliament.uk/pa/cm200203/cmhansrd/vo030630/debtext/30630-17.htm#30630-17_spnew10|title=Official Report, Commons|publisher=House of Commons|date=30 June 2003|access-date=19 February 2008}}</ref>

The use of one such dog is exempt, but only in the course of stalking or flushing out, and in accordance with four conditions.<ref name=Schedule1/>

The activity must be carried out "for the purpose of preventing or reducing serious damage to [[gamebird]]s or wild birds which a person is keeping or preserving for the purpose of their being shot."<ref name=Schedule1/>

The stalker or person doing the flushing out must have written evidence that the land concerned belongs to him, or that he has been given permission to use it for the purpose, and must make the evidence immediately available for inspection by a constable who asks to see it.<ref name=Schedule1/>

Only one dog can be used below ground at any time.<ref name=Schedule1/>

Reasonable steps must be taken to ensure that 
*as soon as possible after being found the wild mammal is flushed out from below ground and is shot dead by a competent person
*the dog is under close control
*injury to the dog is prevented; and 
*the use of the dog complies with any code of practice issued or approved by the Secretary of State.<ref name=Schedule1/>

Despite this, many [[fox hunting|fox hunts]] continue to use terriers regularly. Three people, not associated with hunts, have pleaded guilty to offences under the Hunting Act 2004 for hunting with terriers and a fourth was found guilty after a trial.<ref name="League convictions list">{{cite web|url=http://www.league.org.uk/convictions |title=Hunting Act convictions |publisher=League Against Cruel Sports |date=January 2008 |access-date=19 February 2008 |archive-url=https://web.archive.org/web/20110722095717/http://www.league.org.uk/convictions |archive-date=22 July 2011}}</ref>