The Game Act 1831 (1 & 2 Will. 4. c. 32) is an Act of the Parliament of the United Kingdom, which was passed to protect game birds by establishing a close season during which they could not be legally taken. The Act also established the need for game licences and the appointing of gamekeepers. It has covered the protection of game birds to this day.
 | |
| Long title | An Act to amend the Laws in England relative to Game. |
|---|---|
| Citation | 1 & 2 Will. 4. c. 32 |
| Territorial extent | nothing in this Act contained shall extend to Scotland or Ireland[b] |
| Dates | |
| Royal assent | 5 October 1831 |
| Commencement | 1 November 1831[c] |
| Other legislation | |
| Repeals/revokes | |
| Amended by | |
Status: Amended | |
| Text of statute as originally enacted | |
| Text of the Game Act 1831 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Game covered
editThe Game Act designated certain species as game birds and their open season, when they may be shot:
- Red grouse (Moor Game), 12 August – 10 December
- Black grouse (Black Game), 20 August – 10 December
- Pheasant, 1 October – 1 February
- Partridge, 1 September – 1 February
As well as adhering to the seasons, game may not be taken on Sundays or Christmas Day.
The great bustard was protected under this Act, with its open season decided as 1 September to 1 March. This protection was little use, however, as the great bustard became extinct in Great Britain in the 1830s. It is currently part of a reintroduction programme.
Capercaillie are not protected in this Act, as they were extinct in Britain at the time. They were reintroduced to Scotland in 1837.
Brown hares are mentioned in the act but have no closed season. Two Hares Acts were passed in the 19th century. The first, in 1848, removed the requirement for a game certificate for occupiers to kill hares, regulated where hunting could take place, and the banned of baiting with poison.[2] The second, in 1892, among other things, prohibited the sale of hare meat between March and July, which is the animals' breeding season.[3]
Game licences
editThe Act made it lawful to take game only with the provision of a game licence. Also, it made an excise licence necessary to deal with game.[4]
Game licences were abolished in England and Wales on 1 August 2007, as well as the need for game dealers licences, and the law changed to allow selling game, except hare, year round.[5][6] In Northern Ireland, game licences and game dealing licences were abolished on 13 June 2011.[7][8] In Scotland, game licences and game dealing licences were abolished on 29 June 2011.[9][10]
Gamekeepers
editThe Act listed requirements on the appointment of gamekeepers and on the issuing of a gamekeepers licence on an estate.
Other birds
editAlthough it is not included in this Act, a game licence was required to shoot woodcock and common snipe until 1 August 2007. Wildfowl are protected and their close seasons are stated in the Wildlife and Countryside Act 1981.
Notes
edit- ^ The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
- ^ The provisions of the Game Act 1831 regarding game dealing licences were subsequently extended across the United Kingdom by section 13 of the Game Licences Act 1860.[1]
- ^ Section 1.
References
edit- ^ "Game Licences Act 1860: Section 13", legislation.gov.uk, The National Archives, 13 August 1860, 1860 c. 90 (s. 13), retrieved 16 February 2024
- ^ "Hares Act 1848". www.legislation.gov.uk. Retrieved 2 April 2014.
- ^ "Hares Preservation Act 1892". www.legislation.gov.uk. Retrieved 2 April 2014.
- ^ "Game Licences". Defra. Archived from the original on 2 July 2007.
- ^ "The Regulatory Reform (Game) Order 2007", legislation.gov.uk, The National Archives, 12 July 2007, SI 2007/2007, retrieved 16 February 2024
- ^ "Hares Preservation Act 1892: Section 2", legislation.gov.uk, The National Archives, 20 May 1892, 1892 c. 8 (s. 2), retrieved 16 February 2024
- ^ Northern Ireland Assembly. Wildlife and Natural Environment Act (Northern Ireland) 2011 as amended (see also enacted form), from legislation.gov.uk.
- ^ Northern Ireland Assembly. The Wildlife and Natural Environment (2011 Act) (Commencement No.1) Order (Northern Ireland) 2011 as amended (see also as made), from legislation.gov.uk.
- ^ Scottish Parliament. Wildlife and Natural Environment (Scotland) Act 2011 as amended (see also enacted form), from legislation.gov.uk.
- ^ "Wildlife and Natural Environment (Scotland) Bill, Explanatory Notes" (PDF). Scottish Parliament. 9 June 2010. Retrieved 16 February 2024.
The game licensing regime is repealed and not replaced... It is also proposed that the current restriction on when game can be sold is removed.
Sources
edit- Halsbury's Statutes of England. Third Edition. Butterworths. London. 1969. Volume 14. Pages 448 to 469.
- "The Game Act, 1831". Halsbury's Statutes of England. (The Complete Statutes of England). First Edition. 1929. Volume 8: [1] [2] [3]. Page 1066.
- J M Lely. "The Game Act, 1831". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. Sweet and Maxwell. Stevens and Sons. London. 1894. Volume 4. Title "Game". Pages 5 to 23.
- Welsby and Beavan. Chitty's Collection of Statutes, with Notes thereon. Third Edition. Henry Sweet. Stevens and Sons. London. 1865. Volume 2. Title "Game". Pages 234 to 249.
- James Paterson. "Game Act". The Game Laws of the United Kingdom. Shaw and Sons. London. 1861. Pages 1 to 83.
- John Locke. The Game Laws. Second Edition. Shaw and Sons. London. 1840. Pages 1 to 60. Fourth Edition. 1856. Pages 93 to 178.
- William Gurdon. "New Game Act". The Statutes in Force Relating to the Preserving and Killing of Game. Saunders and Benning. London. 1839. Pages 47 to 99.
- John Collyer. The Criminal Statutes of England. Printed for S Sweet. London. Printed for W Wrightson. Birmingham. 1832. Pages 698 to 711. Note is at pages 710 and 711.
- A F Jenkin. "The Game Act, 1831". The Law Relating to Parish Councils. Knight & Co. London. 1894. Pages 396 to 398.
- Pudney v Eccles (1892) 17 Cox CC 594
External links
edit- Defra Game Birds
- Text of the Game Act 1831 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.