- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Pests Act 1954. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)The Minister of Agriculture and Fisheries may make orders (in this Act referred to as “rabbit clearance orders”) designating areas as rabbit clearance areas to be freed, so far as practicable, of wild rabbits, and providing for or regulating the steps to be taken for that purpose, and may by a subsequent order vary or revoke any such order.
(2)The occupier of any land in a rabbit clearance area shall take such steps as may from time to time be necessary for the killing or taking of wild rabbits living on or resorting to the land, and, where it is not reasonably practicable to destroy the wild rabbits living on any part of the land, for the prevention of damage by those rabbits, and shall in particular comply with any directions contained in the rabbit clearance order as to the steps to be so taken or as to the time for taking them.
(3)Nothing in the foregoing provisions of this section, or in any order thereunder, shall confer on the occupier of the land in a rabbit clearance area any additional right to authorise persons to kill rabbits on the land with firearms.
(4)The Minister of Agriculture and Fisheries may, on the application of the occupier of any land in a rabbit clearance area, sanction the authorisation by the occupier of such number of persons as the Minister thinks reasonable to kill rabbits on the land with firearms, in addition to any person so authorised in pursuance of section one of the M1Ground Game Act, 1880, if the Minister is satisfied—
(a)that the circumstances of the case make necessary a greater use of firearms than the occupier has the right to authorise;
(b)that the occupier has attempted to obtain the sanction of the persons having, apart from the said Act, the right to kill and take rabbits on the land; and
(c)that their sanction has been unreasonably withheld;
and the provisions of section one of the said Act with regard to the production by persons authorised by the occupier of the documents by which they are so authorised shall apply to any person authorised in pursuance of any such sanction as aforesaid as they apply to persons authorised in pursuance of that section.
(5)For the purposes of the last foregoing subsection, persons having the right to kill or take rabbits on any land shall not be treated as having unreasonably withheld the sanction referred to, if, in so far as the use of firearms is required, they are themselves taking or proposing to take adequate steps for the destruction of the wild rabbits on the land.
(6)The making of a rabbit clearance order shall not prevent the giving in relation to land in the rabbit clearance area of notices under section ninety-eight of the M2Agriculture Act, 1947 (under which the persons having the right to do so may be required to kill, take or destroy animals or birds to which the section applies and the eggs of such birds), and as respects rabbits a notice may be given under that section to the occupier of any such land, whether or not he has the right apart from the notice to take the steps required by it.
(7)A person who is duly authorised by the occupier of land in a rabbit clearance area to kill or take rabbits on the land for the purpose of complying with any requirement imposed on the occupier under or by virtue of this section, and who acts in accordance with that authorisation, shall not thereby commit an offence under any enactment relating to the unlawful destruction or pursuit of game.
(8)Any person authorised by the Minister of Agriculture and Fisheries in that behalf shall have power at all reasonable times to enter on and inspect any land for the purpose of determining whether, and if so in what manner, the powers conferred by this section are to be exercised in relation to the land, or whether, and if so in what manner, any requirement imposed under this section has been complied with.
(9)Section one hundred and subsections (2) to (7) of section one hundred and six of the Agriculture Act, 1947 (which contain supplementary provisions relating to section ninety-eight of that Act and to the exercise of powers of entry conferred by that Act), shall apply in relation to the foregoing provisions of this section as they would apply if those provisions were contained in the said section ninety-eight; and a rabbit clearance order may, as respects rabbits, include any such directions as are authorised by subsection (3) of the said section one hundred (which relates to the keeping or disposal of animals killed or taken under the said section ninety-eight).
(10)Any order under this section shall be published in such manner as the Minister of Agriculture and Fisheries thinks fit, and he shall take such steps as he thinks reasonable for the purpose of bringing the purport of it to the notice of persons likely to be affected by it and of enabling them to purchase copies of it.
(11)Before making an order under this section with respect to any area, the Minister of Agriculture and Fisheries—
(a)shall (unless he is satisfied that compliance with this requirement would be unreasonable in the circumstances of the case) consult such persons as appear to him to be representative of the interests in the area of farmers, owners of agricultural land, and workers employed in agriculture and of the forestry interests, if any, in the area;
(b)shall give notice of the proposal to make the order in such a manner as he thinks reasonable for the purpose of informing the persons interested in any land in the area.
(12)Any notice under paragraph (b) of the last foregoing subsection shall indicate the nature of any directions proposed to be included in the order with regard to the steps to be taken under it, and shall specify a time (not being less than fourteen days) within which persons interested in any land in the area in question may make representations in writing to the Minister with respect to the proposals; and any order made in pursuance of the notice may give effect to the proposals either without modifications or with such modifications as appear to the Minister desirable having regard to any representations made to him.
(13)In this section, and in section one hundred and six of the M3Agriculture Act, 1947, the expression “occupier” shall, in relation to unoccupied land, mean the person entitled to occupy the land.
(14)In the application of this section to Scotland—
(a)for references to the Minister of Agriculture and Fisheries there shall be substituted references to the Secretary of State;
(b)for references to sections ninety-eight, one hundred and one hundred and six of the Agriculture Act, 1947, there shall respectively be substituted references to sections thirty-nine, forty-one and eighty-two of the M4Agriculture (Scotland) Act, 1948, except that the first reference in subsection (9) of this section to section one hundred of the Agriculture Act, 1947, shall include a reference to section fifty-three, as well as to section forty-one, of the Agriculture (Scotland) Act, 1948.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: