HC Deb 29 October 1981 vol 10 cc1034-6

In page 62, leave out lines 4 to 6 and insert—

The Ground Game Act 1880

—(1) Notwithstanding the provisions of section 6 of the Ground Game Act 1880, it shall not be unlawful for the occupier of any land himself, or one other person authorised by him under section 1 of that Act, to use firearms for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise if (except where he has the exclusive right) the occupier has written authority of the other person or one of the other persons entitled to kill and take the ground game on the land. (2) In this paragraph "ground game" means hares and rabbits.

The Agriculture (Scotland) Act 1948

—(1) Notwithstanding the provisions of section 50(1)(a) of the Agriculture (Scotland) Act 1948, it shall not be unlawful for the owners of the shooting rights on any land or any person holding those rights from him, or the occupier of any land (who may in writing nominate one other person), to use a firearm for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise, if (except where he has the exclusive right) he has written authority of the other person or one of the other persons entitled to kill and take the ground game on the land. (2) In this paragraph "ground game" means hares and rabbits.

The Dogs (Protection of Livestock) Act 1953

—(1) At the end of subsection (2) of section 1 of the Dogs (Protection of Livestock) Act 1953 (penalty where dog worries livestock on agricultural land) there shall be inserted the words "or (c) being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep". (2) After that subsection there shall be inserted the following subsection— "(2A) Subsection (2)(c) of this section shall not apply in relation to—

  1. a dog owned by, or in the charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either of those persons; or
  2. a police dog, a guide dog, a trained sheep dog, a working gun dog or a pack of hounds."

but propose the following amendment thereto: No. 23, in line 17, after "or" insert:

"(subject to sub-paragraph (2;) below)"

Mr. Macfarlane: I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker: With this we may take Lords amendments Nos. 24 and 25.

Mr. Macfarlane: These amendments give effect to the intention of this House, when amendments concerning ground game were agreed on Report, that the law should be the same in Scotland as in England and Wales. The Lords amendments ensure that in Scotland, as in England and Wales, agricultural tenants will be entitled to delegate the right to shoot ground game at night only to one person, who must be an employee or a member of the household.

The amendments also remove an unintended effect of the provisions that this House accepted on Report whereby an owner of shooting rights in Scotland would have been required to obtain the consent of any other owner of shooting rights to shoot ground game at night. The Lords amendments ensure that that constraint will apply only to agricultural tenants in order to protect rights over game.

Question put and agreed to.

Subsequent Lords amendments agreed to.