Ground Game Act 1880

1 Occupier to have a right inseparable from his occupation to kill ground game concurrently with any other person entitled to kill the same on land in his occupation. U.K.

Every occupier of land shall have, as incident to and inseparable from his occupation of the land, the right to kill and take ground game thereon, concurrently with any other person who may be entitled to kill and take ground game on the same land: Provided that the right conferred on the occupier by this section shall be subject to the following limitations:

[F1 (1) The occupier shall kill and take ground game only by himself or by persons duly authorised by him in writing:

(a) The occupier himself and one other person authorised in writing by such occupier shall be the only persons entitled under this Act to kill ground game with firearms;

(b) No person shall be authorised by the occupier to kill or take ground game, except members of his household resident on the land in his occupation, persons in his ordinary service on such land, and any one other person bona fide employed by him for reward in the taking and destruction of ground game;

(c) Every person so authorised by the occupier, on demand by any person having a concurrent right to take and kill the ground game on the land or any person authorised by him in writing to make such demand, shall produce to the person so demanding the document by which he is authorised, and in default he shall not be deemed to be an authorised person.]

(2) A person shall not be deemed to be an occupier of land for the purposes of this Act by reason of his having a right of common over such lands; or by reason of an occupation for the purpose of grazing or pasturage of sheep, cattle, or horses for not more than nine months.

[F2 (3) In the case of moorlands, and uninclosed lands (not being arable lands), the occupier and the persons authorised by him shall exercise the rights conferred by this section only from the eleventh day of December in one year until the thirty-first day of March in the next year, both inclusive; but this provision shall not apply to detached portions of moorlands or uninclosed lands adjoining arable lands, where such detached portions of moorlands or uninclosed lands are less than twenty-five acres in extent.]

Textual Amendments

F1 S. 1(1)(a)(b)(c) repealed (N.I.) (1.4.2002) by 2002 c. 2 (N.I.), s. 2(6), Sch.; S.R. 2002/130, art. 2

F2 S. 1(3) repealed (N.I.) (1.4.2002) by 2002 c. 2 (N.I.), s. 2(6), Sch.; S.R. 2002/130, art. 2

Modifications etc. (not altering text)

C1 S. 1 extended (S.) by Agriculture (Scotland) Act 1948 (c. 45), s. 48(2); amended by Pests Act 1954 (c. 68), s. 1(4)

C2 S. 1 proviso para. (3) amended (S.) by Agriculture (Scotland) Act 1948 (c. 45), s. 48(1)