HL Deb 29 November 1955 vol 194 cc937-8WA
VISCOUNT STONEHAVEN

asked Her Majesty's Government whether, in order to assist voluntary rabbit destruction committees, they will state, in general terms, within a designated area in Scotland under the Pests Act, 1954, who is deemed to be the occupier for purposes of the Act, and therefore responsible for killing rabbits, in the following cases:—

  1. (1) On Crown land subject to common grazing rights and a shooting tenant:
  2. (2) As above but with no shooting tenant:
  3. (3) Other areas privately owned but subject to common grazing rights:
  4. (4) Land let for seasonal grazing.

THE MINISTER OF STATE, SCOTTISH OFFICE (LORD STRATHCLYDE)

NO general definition of "occupier" is given in the Act, and an authoritative interpretation could, of course, be given only by the courts. In administrative practice when doubt arises as to the occupier of a particular piece of land the agricultural executive committee will be guided by consideration of the relative facts of the particular case. Subject to these qualifications, it seems that in the four types of cases mentioned by the noble Lord the occupiers, for the purposes of the Pests Act, would be the persons enjoying the grazing rights. The Government hope that, in practice, all the persons mentioned in the question would co-operate in clearing rabbits from the land.