HL Deb 10 March 1981 vol 418 cc234-6

General exceptions

1. For subsection (3) of section 10 of the 1963 Act (general exceptions) there shall be substituted the following subsections— (3) A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use of any smooth-bore gun for the purpose of killing any deer if he shows that the deer was so seriously injured otherwise than by his unlawful act or was in such a condition that to kill it was an act of mercy. (4) A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use as a slaughtering instrument, for the purpose of killing any deer, of a smooth-bore gun which—

  1. (a) is of not less gauge than 12 bore;
  2. (b) has a barrel less than 24 inches (609.6 millimetres) in length; and
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  3. (c) is loaded with a cartridge purporting to contain shot none of which is less than 203 inches (5.16 millimetres) in diameter (that is to say, size AAA or any larger size).").

Exceptions for authorised persons

2.—(1) After section 10 of the 1963 Act there shall be inserted the following section— Exceptions for authorised persons

10A.—(1) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of—

  1. (a) the taking or killing of any deer by means of shooting; or
  2. (b) the injury of any deer by means of shooting in an attempt to take or kill it,
on any cultivated land, pasture or enclosed woodland.

(2) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use, for the purpose of taking or killing any deer on any land, of any smooth-bore gun of not less gauge than 12 bore which is loaded with—

  1. (a) a cartridge containing a single non-spherical projectile weighing not less than 350 grains (22.68 grammes); or
  2. (b) a cartridge purporting to contain shot each of which is 203 inches (5.16 millimetres) in diameter (that is to say, size AAA).

(3) An authorised person shall not be entitled to rely on the defence provided by subsection (1) or (2) of this section as respect anything done in relation to any deer on any land unless he shows that—

  1. (a) he had reasonable grounds for believing that deer of the same species were causing, or had caused, damage to crops, vegetables, fruit, growing timber or any other form of property on the land;
  2. (b) it was likely that further damage would be so caused and any such damage was likely to be serious; and
  3. (c) his action was necessary for the purpose of preventing any such damage.

(4) The Secretary of State and the agriculture Minister acting jointly may by order, either generally or in relation to any area or any species and description of deer specified in the order, repeal subsection (2) of this section or amend it by adding any firearm or ammunition or by altering the description of, or deleting, any firearm or ammunition mentioned in it, or by adding any further conditions which must be satisfied.

(5) Before making an order under subsection (4) of this section, the Secretary of State and the agriculture Minister shall consult organisations that appear to them to represent persons likely to be interested in or affected by the order.

(6) In this section— agriculture Minister" means the Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State for Wales in relation to Wales; authorised person" means—

  1. (a) the occupier of the land on which the action is taken;
  2. (b) any member of the occupier's household normally resident on the occupier's land, acting with the written authority of the occupier;
  3. (c) any person in the ordinary service of the occupier on the occupier's land, acting with the written authority of the occupier; or
  4. (d) any person having the right to take or kill deer on that land or any person acting with the written authority of such a person.

(2) In sections 1(1) and 3(1) of the 1963 Act for the words "sections 10 and 11" there shall be substituted the words "sections 10, 10A and 11".

(3) For subsection (1) of section 12 of the 1963 Act (orders) there shall be substituted the following sub-sections— (1) Any power to make orders under this Act shall be exercisable by statutory instrument.

  1. (1A) A statutory instrument containing an order under section 1(2) or 3(4) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
  2. (1B) No order under section 10A(4) of this Act shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament."

Prohibited firearms and ammunition

3.—(1) In paragraph 1 of Schedule 2 to the 1963 Act (prohibited firearms and ammunition) the words "of less gauge than 12 bore" shall be omitted.

(2) In paragraph 4 of that Schedule the words from "other than" onwards shall be omitted.

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