Game Laws (Amendment) Act 1960

2 Power of police to enter on land. E+W

(1) Subject to the provisions of subsection (3) of this section, a police constable who has reasonable grounds for suspecting that a person is committing an offence on any land under section one or section nine of the Night Poaching Act, 1828, or under section thirty . . . F1 of the Game Act, 1831 (which relate to persons trespassing in pursuit of game in the daytime), may enter on the land for the [F2 purpose-

(a) of exercising in relation to him the powers under section 31 of the Game Act 1831 which section 31A of that Act confers on police constables; or

(b) of arresting him in accordance with [F3 section 24] of the Police and Criminal Evidence Act 1984.]

(2) In this section, as well as in the foregoing section, the word “land” includes land belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster or in Her private capacity, and land belonging to the Duchy of Cornwall, and land belonging to a Government department or held in trust for Her Majesty for the purposes of a Government department, and, subject to subsection (3) of this section, this section shall be binding on the Crown.

(3) The power of entry conferred by subsection (1) of this section shall not be exercisable in relation to land occupied by or under the management of—

(a) the Admiralty, the Secretary of State for War, or the Secretary of State for Air, or

(b) the Minister of Aviation, or

(c) the United Kingdom Atomic Energy Authority, [F4 or

(d) the service authorities of a visiting force within the meaning of any of the provisions of Part 1 of the M1 Visiting Forces Act 1952; or

(e) any headquarters or organisation designated for the purposes of the M2 International Headquarters and Defence Organisations Act 1964]

Textual Amendments

F1 Words repealed by Wild Creatures and Forest Laws Act 1971 (c. 47,SIF 29:7), s. 1(4), Sch.

F2 Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 6 para. 10

F3 Words in s. 2(1)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 52(2); S.I. 2005/3495, art. 2(1)(m)

F4 S. 2(3)(d)(e) added by S.I. 1965/1536

Modifications etc. (not altering text)

C1 Functions of Admiralty under this Act and of Secretary of State for War and Secretary of State for Air now exercisable by a Secretary of State: Defence (Transfer of Functions) Act 1964 (c. 15), s. 1(2)

C2 Functions of Minister of Aviation now exercisable by Secretary of State: S.I. 1967/155, 1970/1537 and 1971/719

Marginal Citations

M1 1952 c. 67.

M2 1964 c. 5.