Section 5 Exceptions and exemptions.

United Kingdom

The following exceptions and exemptions from the duties and provisions of this Act are hereby made and granted; (that is to say,)

Exceptions

The taking of woodcocks and snipes with nets or springes in Great Britain.

The taking or destroying of conies in Great Britain by the proprietor of any warren or of any inclosed ground whatever, or by the tenant of lands, either by himself or by his direction or permission.

F1 3 .

~~F2The pursuing and killing of hares respectively by coursing with greyhounds, or by hunting with beagles or other hounds.~~

~~The pursuing and killing of deer by hunting with hounds.~~

The taking and killing of deer in any enclosed lands by the owner or occupier of such lands, or by his direction or permission.

Exemptions

Any of the Royal Family.

C12.

Any person appointed a gamekeeper on behalf of Her Majesty by the Commissioners of Woods, under the authority of any Act of Parliament relating to the land revenues of the Crown.

Any person aiding or assisting in the taking or killing of any game, or any woodcock, snipe, . . . . . . F3 or coney, or any deer, in the company or presence and for the use of another person who shall have duly obtained, according to the directions of this Act, and in his own right, a licence to kill game, and who shall by virtue of such licence then and there use his own dog, gun, net, or other engine for the taking or killing of such game, woodcock, snipe, . . . . . . , coney, or deer, and who shall not act therein by virtue of any deputation or appointment.

And, as regards the killing of hares only, all persons who, under the provisions of the M1Hares Act, 1848 and the M2Hares (Scotland) Act 1848 respectively, are authorized to kill hares in England and Scotland respectively, without obtaining an annual game certificate.

Annotations

Textual amendments

F1: S. 5: exceptions 3 and 4 repealed (S.) (1.8.2002) by 2002 asp 6, s. 11, Sch. para. 2; S.S.I. 2002/181, art. 2
F2: S. 5: exceptions 3 and 4 repealed (E.W.) (18.2.2005) by Hunting Act 2004 (c. 37), s. 15, Sch. 2 paras. 2, 3 (with s. 12)
F3: Words repealed by Protection of Birds Act 1954 (c. 30), Sch. 6

Marginal citations

M1: 1848 c. 29.
M2: 1848 c. 30.

Modifications

C1: Functions of Commissioners of Woods now exercisable by Crown Estate Commissioners: Forestry (Transfer of Woods) Act 1923 (c. 21), s. 4, S.R. & O. 1924/1370 (Rev. V p. 443: 1924, p. 228), Crown Estate Act 1956 (c. 73), s. 1 and Crown Estate Act 1961 (c. 55), s. 1(1)

Notes on the whole Act

Textual amendments

F1: Act repealed: (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), art. 3; and (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)