Citation, commencement and extent

1

(1)    This Order may be cited as the Regulatory Reform (Game) Order 2007 and comes into force on 1st August 2007.

(2)    This Order extends to England and Wales only.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2007: see para (1) above.

Extent

This Order does not extend to Scotland: see para (2) above.

Game Licences

2

Game Licences2

In the Game Act 1831 the following are repealed—

(a)    sections 5 (saving as to existing laws requiring game certificates) and 6 (every person holding a certificate may kill and take game, etc);

(b)    in section 7 (under existing leases the landlord shall have the game except in certain cases), the words “who shall have obtained an annual game certificate”;

(c)    in section 10 (this Act not to give interest in game to owners of cattlegates or rights of common, etc), the words “who shall have obtained an annual game certificate”;

(d)    in section 11 (landlords who have reserved the game may authorize others to kill it), the words “who shall have obtained an annual game certificate”;

(e)    in section 13 (lords of manors may appoint gamekeepers to act within limits of manors etc), the words from “, and to authorize” to the end;

(f)    in section 15 (regulations respecting appointment of gamekeepers in Wales), the words from “; and it shall be lawful” to the end;

(g)    sections 17 (persons holding certificates may sell game to licensed dealers, etc) and 18 (justices to hold a special session yearly for granting licences to persons to deal in game, etc);

(h)    sections 21 to 23 (which contain further provisions relating to licences and certificates); and

(i)    sections 25 to 29 (which contain provisions relating to licences and the consequences of persons not having licences or game certificates).

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2007: see art 1(1).

Extent

This Order does not extend to Scotland: see art 1(2).

3

3

The Game Licences Act 1860 is repealed.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2007: see art 1(1).

Extent

This Order does not extend to Scotland: see art 1(2).

Sale of Game

4

Sale of Game4

Section 4 of the Game Act 1831 (penalty on dealers in game buying, selling or possessing birds of game after 10 days after expiration of season for killing, etc) is repealed.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2007: see art 1(1).

Extent

This Order does not extend to Scotland: see art 1(2).

5

5

After section 3 of the Game Act 1831 (penalty for killing or taking game on certain days and during certain seasons, etc) insert—

“3A Sale of birds of game

(1)    If any person—

(a)    sells or offers or exposes for sale, or

(b)    has in his possession or transports for the purposes of sale,

any bird of game to which this subsection applies, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

(2)    Subsection (1) applies to any bird of game—

(a)    which has been taken or killed in circumstances which constitute an offence under any of—

(i)    the Night Poaching Act 1828;

(ii)    this Act;

(iii)    the Poaching Prevention Act 1862; or

(iv)    Part 1 of the Wildlife and Countryside Act 1981 (wildlife); and

(b)    which the person concerned knows or has reason to believe has been so taken or killed.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2007: see art 1(1).

Extent

This Order does not extend to Scotland: see art 1(2).

Consequential repeals, revocations and amendments

6

Consequential repeals, revocations and amendments6

The Schedule (which contains consequential repeals, revocations and amendments) has effect.

NOTES
Initial Commencement
Specified date

Specified date: 1 August 2007: see art 1(1).

Extent

This Order does not extend to Scotland: see art 1(2).

Signature

Joan Ruddock

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

12th July 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order is made under section 1 of the Regulatory Reform Act 2001. It amends the Game Act 1831 and the Deer Act 1991, repeals the Game Licences Act 1860, and:

(a)    removes the requirement to hold a game licence in order to take or kill game;

(b)    removes the requirement to hold a local authority licence and an excise licence (dealing licences) in order to deal in game; and

(c)    removes the restrictions on dealing in game birds and venison during the close season, permitting game to be sold by everyone all year round provided that the animal in question was lawfully killed.

Articles 2 and 3 make amendments relating to game licences. Article 2 amends the Game Act 1831 and article 3 repeals the Game Licences Act 1860. Together they remove the requirement to obtain a game licence to kill or take game and the requirement to obtain a local authority licence and an excise licence to deal in game.

Article 4 repeals section 4 of the Game Act 1831 under which it was an offence to buy or sell game birds at certain times of the year. Article 5 replaces this with a new offence of selling, offering or exposing for sale, possessing or transporting for the purposes of sale any game bird that has been killed or taken in contravention of the legislation listed in new section 3A(2), where the person concerned knows, or has reason to believe, it had been so taken or killed.

Article 6 introduces the Schedule. Part 1 of the Schedule makes consequential repeals and revocations. This includes removing the seasonal restriction on the selling of venison by unlicensed persons found in the Deer Act 1991. This will mean that venison can be sold by any person all year round, providing it is lawfully sourced. Part 1 also removes the record keeping requirements relating to the sale and purchase of venison found in section 11 of the Deer Act 1991.

Part 2 of the Schedule makes consequential amendments to the Deer Act 1991.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Defra (Wildlife Species Conservation Division), Temple Quay House (Zone 1/11), 2 The Square, Temple Quay, Bristol, BS1 6EB.

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