Game Act 1831

1831 CHAPTER 32 1 and 2 Will 4

[F1 An Act to amend the Laws in England relative to Game.

[5th October 1831]

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

Modifications etc. (not altering text)

C1 Short title “The Game Act 1831” given by Short Titles Act 1896 (c. 14)

C2 Act: the term “game certificate” shall be construed to mean a licence to kill game by Game Licences Act 1860 (c. 90), s. 6; and Act amended (S.) by Game Laws Amendment (Scotland) Act 1877 (c. 28, SIF 4:3), s. 10

C3 Act extended (U.K.) as to certain provisions by Game Licences Act 1860 (c. 90), s. 13

C4 Preamble repealed by Statute Law Revision (No. 2) Act 1888 (c. 57)

C5 Certain words of enactment repealed by Statute Law Revision (No. 2) Act 1888 (c. 57) and remainder omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Commencement Information

I1 Act wholly in force at 1.11.1831, see s. 1 (now repealed)

1. F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F2 S. 1, Sch. (B.) repealed by Statute Law Revision Act 1874 (c. 35)

2 What shall be deemed Game. U.K.

The word “game” shall for all the purposes of this Act be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game F3 . . .; and the words “lord of a manor, lordship, or royalty, or reputed manor, lordship, or royalty,” shall throughout this Act be deemed to include a lady of the same respectively.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F3 Words repealed by Protection of Birds Act 1954 (c. 30), Sch. 6

3 Days and Seasons during which Game shall not be killed. Penalty for laying poison to kill game. U.K.

If any person whatsoever shall kill or take any game, or use any dog, gun, net, or other engine or instrument for the purpose of killing or taking any game, on a Sunday or Christmas Day, such person shall, on conviction thereof before two justices of the peace, forfeit and pay for every such offence such sum of money, not exceeding [F4 level 1 on the standard scale] , as to the said justices shall seem meet, F5 . . . ; and if any person whatsoever shall kill or take any partridge between the first day of February and the first day of September in any year, or any pheasant between the first day of February and the first day of October in any year, or any black game (except in the county of Somerset or Devon, or in the New forest in the county of Southampton,) between the tenth day of December in any year and the twentieth day of August in the succeeding year, or in the county of Somerset or Devon, or in the New forest aforesaid, between the tenth day of December in any year and the first day of September in the succeeding year, or any grouse commonly called red game between the tenth day of December in any year and the twelfth day of August in the succeeding year, or any bustard between the first day of March and the first day of September in any year, every such person shall, on conviction of any such offence before two justices of the peace, forfeit and pay for every head of game so killed or taken such sum of money, not exceeding [F6 level 1 on the standard scale] , as to the said justices shall seem meet, F5 . . .; and if any person, with intent to destroy or injure any game, shall at any time put or cause to be put any poison or poisonous ingredient on any ground, whether open or inclosed, where game usually resort, or in any highway, every such person shall, on conviction thereof before two justices of the peace, forfeit and pay such sum of money, not exceeding [F7 level 1 on the standard scale], as to the said justices shall seem meet, F5 . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F4 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F5 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

F6 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F7 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications etc. (not altering text)

C6 S. 3 excluded by Agriculture Act 1947 (c. 48), s. 98(2)

[F8 3A Sale of birds of game E+W

(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.]

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F8 S. 3A inserted (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 5

4 X1 † Possession of Game illegal after Ten Days in Dealers, and Forty Days in other Persons, from the Expiration of the Season. U.K.

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 A dagger appended to a marginal note means it is no longer accurate

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F9 S. 4 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 4

5 This Act not to affect the existing Laws respecting Game Certificates. U.K.

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F10 S. 5 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(a)

6 Every certificated person may kill Game, subject to the Law of Trespass. Proviso as to Game-keepers. U.K.

Every person who shall have obtained an annual game certificate shall be authorised to kill and take game, subject always to an action, or to such other proceedings as are herein-after mentioned, for any trespass by him committed in search or pursuit of game: Provided always, that no game certificate on which a less duty than three pounds thirteen shillings and sixpence is chargeable under the Acts relating to game certificates shall authorize any gamekeeper to kill or take any game, or to use any dog, gun, net, or other engine or instrument for the purpose of killing or taking game, except within the limits included in his appointment as gamekeeper; but that in any case where such gamekeeper shall kill or take any game, or use any dog, gun, net, or other engine or instrument for the purpose of killing or taking game, beyond such limits as aforesaid, he may be proceeded against under this Act, or otherwise, in the same manner to all intents and purposes as if he had no game certificate whatsoever.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

Modifications etc. (not altering text)

C7 S. 6 amended with the substitution for the reference to the duty of three pounds thirteen shillings and sixpence on a game certificate of a reference to the duty of three pounds as a licence to kill game by Game Licences Act 1860 (c. 90), s. 6

C8 S. 6: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

7 Under existing leases the landlord shall have the game except in certain cases. U.K.

In all cases where any person shall occupy any land under any lease or agreement made previously to the passing of this Act, except in the cases herein-after next excepted, the lessor or landlord shall have the right of entering upon such land, or of authorizing any other person or persons F11 . . . to enter upon such land, for the purpose of killing or taking the game thereon; and no person occupying any land under any lease or agreement, either for life or for years, made previously to the passing of this Act shall have the right to kill or take the game on such land, except where the right of killing the game upon such land has been expressly granted or allowed to such person by such lease or agreement, or except where upon the original granting or renewal of such lease or agreement a fine or fines shall have been taken, or except where in the case of a term for years such lease or agreement shall have been made for a term exceeding twenty-one years.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F11 Words in s. 7 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(b)

8 This Act not to affect any existing or future agreements respecting game, nor any rights of manor, forest, chase, or warren. U.K.

Provided always, that nothing in this Act contained shall authorize any person seised or possessed of or holding any land to kill or take the game, or to permit any other person to kill or take the game upon such land, in any case where, by any deed, grant, lease, or any written or parol demise or contract, a right of entry upon such land for the purpose of killing or taking the game hath been or hereafter shall be reserved or retained by or given or allowed to any grantor, lessor, landlord, or other person whatsoever; nor shall anything in this Act contained defeat or diminish any reservation, exception, covenant, or agreement already contained in any private Act of Parliament, deed, or other writing, relating to the game upon any land, nor in any manner prejudice the rights F12 . . ., or of any lord of any manor, lordship, or royalty, or reputed manor, lordship, or royalty, or of any steward of the crown of any manor, lordship, or royalty appertaining to his Majesty.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F12 Words repealed by Wild Creatures and Forest Laws Act 1971 (c. 47), Sch.

9 This Act not to affect any of His Majesty’s Forest Rights, &c. U.K.

Provided also, that nothing in this Act contained shall in any way alter or affect the prerogative, rights, or privileges of his Majesty, F13 . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F13 Words repealed by Crown Estate Act 1961 (c. 55), Sch. 3 Pt. II and Wild Creatures and Forest Laws Act 1971 (c. 47), Sch.

10 Not to affect any Cattlegates or Right of Common. Lord of manor to have the game on the wastes. U.K.

Provided also, that nothing herein contained shall be deemed to give to any owner of cattlegates or rights of common upon or over any wastes or commons any interest or privilege which such owner was not possessed of before the passing of this Act, nor to authorize such owner of cattlegates or rights of common to pursue or kill the game found on such wastes or commons; and that nothing herein contained shall defeat or diminish the rights or privileges which any lord of any manor, lordship, or royalty, or reputed manor, lordship, or royalty, or any steward of the crown of any manor, lordship, or royalty appertaining to his Majesty, may, before the passing of this Act, have exercised in or over such wastes or commons; and that the lord or steward of the crown of every manor, lordship, or royalty, or reputed manor, lordship, or royalty, shall have the right to pursue and kill the game upon the wastes or commons within such manor, lordship, or royalty, or reputed manor, lordship, or royalty, and to authorize any other person or persons F14 . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F14 Words in s. 10 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(c)

11 Landlord, having the Game, may authorize others to kill it. U.K.

Where the lessor or landlord shall have reserved to himself the right of killing the game upon any land, it shall be lawful for him to authorize any other person or persons F15 . . . to enter upon such land for the purpose of pursuing and killing game thereon.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F15 Words in s. 11 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(d)

12 Where the landlord, &c. has the right to the game, in exclusion of the occupier, the occupier shall be liable to a penalty for killing it. U.K.

Where the right of killing the game upon any land is by this Act given to any lessor or landlord, in exclusion of the right of the occupier of such land, or where such exclusive right hath been or shall be specially reserved by or granted to, or doth or shall belong to, the lessor, landlord, or any person whatsoever other than the occupier of such land, then and in every such case, if the occupier of such land shall pursue, kill, or take any game upon such land, or shall give permission to any other person so to do, without the authority of the lessor, landlord, or other person having the right of killing the game upon such land, such occupier shall, on conviction thereof before two justices of the peace, forfeit and pay for such pursuit such sum of money not exceeding [F16 level 1 on the standard scale], and for every head of game so killed or taken such sum of money not exceeding [F17 level 1 on the standard scale], as to the convicting justices shall seem meet, F18 . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F16 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F17 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F18 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

13 Lords of manors may appoint gamekeepers. Powers of gamekeepers of manors. U.K.

It shall be lawful for any lord of a manor, lordship, or royalty, or reputed manor, lordship, or royalty, or any steward of the crown of any manor, lordship, or royalty appertaining to his Majesty, by writing under hand and seal, or in case of a body corporate, then under the seal of such body corporate, to appoint one or more person or persons as a gamekeeper or gamekeepers to preserve or kill the game within the limits of such manor, lordship, or royalty, or reputed manor, lordship, or royalty, for the use of such lord or steward thereof F19 . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F19 Words in s. 13 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(e)

14 Lords of Manors may grant Deputations. U.K.

It shall be lawful for any lord of a manor, lordship, or royalty, or reputed manor, lordship, or royalty, or any steward of the crown of any manor, lordship, or royalty appertaining to his Majesty, to appoint and depute any person whatever, whether acting as a gamekeeper to any other person or not, or whether retained and paid for as the male servant of any other person or not, to be a gamekeeper for any such manor, lordship, or royalty, or reputed manor, lordship, or royalty, or for such division or district of such manor, lordship, or royalty as such lord or steward of the crown shall think fit, and to authorize such person, as gamekeeper, to kill game within the same for his own use or for the use of any other person or persons who may be specified in such appointment or deputation, and also to give to such person all such powers and authorities as may by virtue of this Act be given to any gamekeeper of a manor; and no person so appointed gamekeeper, and empowered to kill game for his own use or for the use of any other person so specified as aforesaid, and not killing any game for the use of the lord or steward of the crown of the manor, lordship, or royalty, or reputed manor, lordship, or royalty, for which such deputation or appointment shall be given, shall be deemed to be or shall be entered or paid for as the gamekeeper or male servant of the lord or steward making such appointment or deputation, anything in any Act or Acts contained to the contrary notwithstanding.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

15 Regulations respecting appointment of gamekeepers in Wales. U.K.

It shall be lawful for every person who shall be entitled to kill the game upon any lands in Wales of the clear annual value of five hundred pounds, whereof he shall be seised in fee or as of freehold, or to which he shall otherwise be beneficially entitled in his own right, if such lands shall not be within the bounds of any manor, lordship, or royalty, or if, being within the same, they shall have been enfranchised or alienated therefrom, to appoint, by writing under his hand and seal, a gamekeeper or gamekeepers to preserve or kill the game over and upon such his lands, and also over and upon the lands in Wales of any other person, who, being entitled to kill the game upon such last-mentioned lands, shall by licence in writing authorize him to appoint a gamekeeper or gamekeepers to preserve or kill the game thereupon, such last-mentioned lands not being within the bounds of any manor, lordship, or royalty, or having been enfranchised or alienated therefrom F20 . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F20 Words in s. 15 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(f)

16 All appointments of gamekeepers to be registered with the clerk of the peace. U.K.

Provided always, that no appointment or deputation of any person as a gamekeeper by virtue of this Act shall be valid unless and until it shall be registered with the clerk of the peace for the county, riding, division, liberty, franchise, city, or town wherein the manor, lordship, or royalty, or reputed manor, lordship, or royalty, or the lands, shall be situate, for or in respect of which such person shall have been appointed gamekeeper; and in case the appointment of any person as gamekeeper shall expire or be revoked, by dismissal or otherwise, all powers and authorities given to him by virtue of this Act shall immediately cease and determine.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

17 Certificated Persons may sell Game to licensed Dealers. Proviso as to Gamekeepers. U.K.

F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F21 S. 17 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(g)

18 Justices to hold a special session yearly for granting licences to persons to deal in game. Dealers in game to put up a board. U.K.

F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F22 S. 18 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(g)

19 F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F23 Ss. 19, 20 repealed by Game Licences Act 1860 (c. 90), s. 1

20 F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F24 Ss. 19, 20 repealed by Game Licences Act 1860 (c. 90), s. 1

21 Proviso as to Partners. U.K.

F25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F25 Ss. 21-23 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(h)

22 Licences When to become Void. U.K.

F25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F25 Ss. 21-23 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(h)

23 Penalty for killing game without a certificate. Penalty to be cumulative. U.K.

F25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F25 Ss. 21-23 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(h)

24 Penalty for destroying or taking the Eggs of Game, &c. U.K.

If any person not having the right of killing the game upon any land, nor having permission from the person having such right, shall wilfully take out of the nest or destroy in the nest upon such land the eggs of any bird of game, or of any swan, wild duck, teal, or widgeon, or shall knowingly have in his house, shop, possession, or controul any such eggs so taken, every such person shall, on conviction thereof before two justices of the peace, forfeit and pay for every egg so taken or destroyed, or so found in his house, shop, possession, or controul, such sum of money, not exceeding [F26 level 1 on the standard scale], as to the said justices shall seem meet, F27 . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F26 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F27 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

25 Penalty for selling Game without Licence, and on certificated Persons selling to unlicensed Persons. U.K.

F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F28 Ss. 25-29 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(i)

26 Exceptions as to innkeepers. U.K.

F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F28 Ss. 25-29 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(i)

27 Penalty on persons buying game except from licensed dealers. U.K.

F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F28 Ss. 25-29 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(i)

28 Penalty on licensed dealers buying game from uncertificated persons, or otherwise offending. U.K.

F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F28 Ss. 25-29 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(i)

29 As to buying and selling Game by the Servants of a licensed Dealer. U.K.

F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F28 Ss. 25-29 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(i)

30 Penalty on persons trespassing in the day-time upon lands in search of game. Where the Occupier of the Land, not being entitled to the Game, allows any Person to kill it, the Party entitled to the Game may enforce the Penalty. U.K.

[F29 (1)] F30 . . . if any person whatsoever shall commit any trespass by entering or being in the daytime upon any land in search or pursuit of game, or woodcocks, snipes, F31 . . . or conies, such person shall, on [F32 summary conviction, be liable to imprisonment for a term not exceeding 51 weeks, to a fine or to both], F33 . . .: Provided always, that any person charged with any such trespass shall be at liberty to prove, by way of defence, any matter which would have been a defence to an action at law for such trespass; save and except that the leave and licence of the occupier of the land so trespassed upon shall not be a sufficient defence in any case where the landlord, lessor, or other person shall have the right of killing the game upon such land by virtue of any reservation or otherwise, as herein-before mentioned; but such landlord, lessor, or other person shall, for the purpose of prosecuting for [F34 the offence] herein last before mentioned, be deemed to be the legal occupier of such land, whenever the actual occupier thereof shall have given such leave or licence; and that the lord or steward of the crown of any manor, lordship, or royalty, or reputed manor, lordship, or royalty, shall be deemed to be the legal occupier of the land of the wastes or commons within such manor, lordship, or royalty, or reputed manor, lordship, or royalty.

[F35 (2) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.]

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F29 S. 30 renumbered as s. 30(1) (1.8.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 62(6), 208(1) (with s. 62(10)); S.I. 2022/520, reg. 7

F30 Words repealed by Statute Law Revision (No. 2) Act 1888 (c. 57)

F31 Words repealed by Protection of Birds Act 1954 (c. 30), Sch. 6

F32 Words in s. 30(1) substituted (1.8.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 62(7)(a), 208(1) (with s. 62(10)); S.I. 2022/520, reg. 7

F33 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

F34 Words in s. 30(1) substituted (1.8.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 62(7)(b), 208(1) (with s. 62(10)); S.I. 2022/520, reg. 7

F35 S. 30(2) inserted (1.8.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 62(8), 208(1) (with s. 62(10)); S.I. 2022/520, reg. 7

Modifications etc. (not altering text)

C9 S. 30 amended by Game Laws (Amendment) Act 1960 (c. 36), s. 2

31 Trespassers in search of game may be required to quit the land, and to tell their names and abodes, and in case of refusal may be arrested. Penalty. Persons arrested must be discharged unless brought before a justice within 12 hours. U.K.

Where any person shall be found on any land F36 . . . in the day-time, in search or pursuit of game, or woodcocks, snipes, F37 . . . or conies, it shall be lawful for any person having the right of killing the game upon such land, by virtue of any reservation or otherwise, as herein-before mentioned, or for the occupier of the land (whether there shall or shall not be any such right by reservation or otherwise), or for any gamekeeper or servant of either of them, or for any person authorized by either of them, F38 . . . F36 . . ., to require the person so found forthwith to quit the land whereon he shall be so found, and also to tell his christian name, surname, and place of abode; and in case such person shall, after being so required, offend by refusing to tell his real name or place of abode, or by giving such a general description of his place of abode as shall be illusory for the purpose of discovery, or by wilfully continuing or returning upon the land, it shall be lawful for the party so requiring as aforesaid, and also for any person acting by his order and in his aid, to apprehend such offender, and to convey him or cause him to be conveyed as soon as conveniently may be before a justice of the peace; and such offender (whether so apprehended or not), upon being convicted of any such offence before a justice of the peace, shall forfeit and pay such sum of money, not exceeding [F39 level 1 on the standard scale], as to the convicting justice shall seem meet, F40 . . . : Provided always, that no person so apprehended shall, on any pretence whatsoever, be detained for a longer period than twelve hours from the time of his apprehension until he shall be brought before some justice of the peace; and that if he cannot, on account of the absence or distance of the residence of any such justice of the peace, or owing to any other reasonable cause, be brought before a justice of the peace within such twelve hours as aforesaid, then the person so apprehended shall be discharged, but may nevertheless be proceeded against for his offence by summons or warrant, according to the provisions herein-after mentioned, as if no such apprehension had taken place.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F36 Words repealed by Wild Creatures and Forest Laws Act 1971 (c. 47), Sch.

F37 Words repealed by Protection of Birds Act 1954 (c. 30), Sch. 6

F38 Words repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. I

F39 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F40 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

[F41 31A Powers of constables in relation to trespassers. U.K.

The powers conferred by section 31 above to require a person found on land as mentioned in that section to quit the land and to tell his christian name, surname, and place of abode shall also be exercisable by a police constable.]

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F41 S. 31A inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 6 para. 1

32 Penalty on Persons found armed using Violence, &c. U.K.

Where any persons, to the number of five or more together, shall be found on any land, F42 . . ., in the daytime, in search or pursuit of game, or woodcocks, snipes, F43 . . . or conies, any of such persons being then and there armed with a gun, and such persons or any of them shall then and there, by violence, intimidation, or menace, prevent or endeavour to prevent any persons authorized as herein-before mentioned from approaching such persons so found, or any of them, for the purpose of requiring them or any or them to quit the land whereon they shall be so found, or to tell their or his own christian name, surname, or place of abode respectively, as herein-before mentioned, every person so offending by such violence, intimidation, or menace as aforesaid, and every person then and there aiding or abetting such offender, shall, upon being convicted thereof before two justices of the peace, forfeit and pay for every such offence such penalty, not exceeding [F44 [F45 level 5] on the standard scale], as to the convicting justices shall seem meet F46 . . .; which said penalty shall be in addition to and independent of any other penalty to which any such person may be liable for any other offence against this Act.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F42 Words repealed by Wild Creatures and Forest Laws Act 1971 (c. 47), Sch.

F43 Words repealed by Protection of Birds Act 1954 (c. 30), Sch. 6

F44 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31, Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 64, 123(6), Sch. 8 para. 16

F45 Words in s. 32 substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 1(3)(7); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F46 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

33 F47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F47 S. 33 repealed by Wild Creatures and Forest Laws Act 1971 (c. 47), Sch.

34 What to be deemed daytime. U.K.

For the purposes of this Act the daytime shall be deemed to commence at the beginning of the last hour before sunrise, and to conclude at the expiration of the first hour after sunset.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

35 The Provisions as to trespassers not to apply to persons hunting, &c. U.K.

Provided always, that the aforesaid provisions against trespassers and persons found on any land shall not extend F48 . . . to any lord or any steward of the crown of any manor, lordship, or royalty, or reputed manor, lordship, or royalty, nor to any gamekeeper lawfully appointed by such lord or steward within the limits of such manor, lordship, or royalty, or reputed manor, lordship, or royalty.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F48 Words in s. 35 repealed (E.W.) (18.2.2005) by Hunting Act 2004 (c. 37), s. 15, Sch. 2 para. 1, Sch. 3 (with s. 12)

36 Game may be taken from Trespassers not delivering up the same when demanded. U.K.

When any person shall be found by day or night upon any land, F49 . . ., in search or pursuit of game, and shall then and there have in his possession any game which shall appear to have been recently killed, it shall be lawful for any person having the right of killing the game upon such land, by virtue of any reservation or otherwise, as herein-before mentioned, or for the occupier of such land (whether there shall or shall not be any such right by reservation or otherwise), or for any gamekeeper or servant or either of them, or F49 . . . for any person acting by the order and in aid of any of the said several persons, to demand from the person so found such game in his possession, and, in case such person shall not immediately deliver up such game, to seize and take the same from him, for the use of the person entitled to the game upon such land, F49 . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F49 Words repealed by Wild Creatures and Forest Laws Act 1971 (c. 47), Sch.

Modifications etc. (not altering text)

C10 S. 36 saved by Game Laws (Amendment) Act 1960 (c. 36), s. 4(3)

37 Application of penalties for offences against this Act. U.K.

F50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F50 S. 37 repealed (E.W.) by Justices of the Peace Act 1949 (c. 101), Sch. 7 Pt. III; and (N.I.) by Administration of Justice Act (Northern Ireland) 1954 (c. 9 (N.I.)), s. 29, Sch. 7

38 F51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F51 S. 38 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

39 F52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F52 Ss. 39, 40, 43 repealed by Statute Law Revision Act 1891 (c. 67)

40 F53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F53 Ss. 39, 40, 43 repealed by Statute Law Revision Act 1891 (c. 67)

41 Time for Proceedings, and Mode of enforcing the Appearance of Offenders. U.K.

The prosecution for every offence punishable upon summary conviction by virtue of this Act shall be commenced within three calendar months after the commission of the offence, F54 . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F54 Words repealed by Statute Law Revision Act 1891 (c. 67)

F55 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F55 S. 42 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

43 F56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F56 Ss. 39, 40, 43 repealed by Statute Law Revision Act 1891 (c. 67)

44 Appeal to quarter sessions. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

Modifications etc. (not altering text)

C11 S. 44 repealed (E.W.) by Courts Act 1971 (c. 23), Sch. 11 Pt. IV; and (N.I.) by Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1953 (c. 24 (N.I.)), s. 80, Sch.

45 F57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F57 S. 45 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XIX

46 This Act not to preclude actions for trespass, but no double proceedings for the same trespass. U.K.

Provided always, that nothing in this Act contained shall prevent any person from proceeding by way of civil action to recover damages in respect of any trespass upon his land, whether committed in pursuit of game or otherwise, save and except that where any proceedings shall have been instituted under the provisions of this Act against any person for or in respect of any trespass, no action at law shall be maintainable for the same trespass by any person at whose instance or with whose concurrence or assent such proceedings shall have been instituted, but that such proceedings shall in such case be a bar to any such action, F58 . . .

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F58 Words repealed by Statute Law Revision Act 1958 (c. 46), Sch. 3

47 F59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

F59 S. 47 repealed by Public Authorities Protection Act 1893 (c. 61), Sch.

48 Act not to extend to Scotland or Ireland. U.K.

Nothing in this Act contained shall extend to Scotland or Ireland.

Textual Amendments

F1 Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)

Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.

SCHEDULES

F60 F1 Schedule (A.) E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F60 Sch. (A.) repealed (E.W.) (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group1

F9 F1 Schedule (A.) S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only.

F61 Schedule (B.) U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 S. 1, Sch. (B.) repealed by Statute Law Revision Act 1874 (c. 35)