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Section 23 Killing and taking of ground game on common grazing.C1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Notwithstanding anything contained in the M1Ground Game Act, 1880, it shall be lawful for the landholders interested in a common grazing or in a part of a common grazing which has been apportioned under subsection (5) of section twenty-four of the Act of 1911—

(i)

to appoint not more than two of their number; and

(ii)

to authorise in writing one person bona fide employed by them for reward;

to kill and take ground game on the common grazing or the part thereof, as the case may be.

(2)

For the purposes of the Ground Game Act, 1880, any person appointed in pursuance of the foregoing subsection shall be deemed to be the occupier of the common grazing or the part thereof, as the case may be, provided that he shall not have the right to authorise any other person to kill and take ground game, and any person authorised in pursuance of the foregoing subsection shall be deemed to have been authorised by the occupier of the common grazing or the part thereof, as the case may be, to kill and take ground game with firearms or otherwise.

Annotations

Marginal citations

M1

1880 c. 47.

Modifications

C1

S. 23 restricted by Crofters (Scotland) Act 1955 (3 & 4 Eliz. 2 c. 21), s. 38(3), Sch. 6 Pt. I

Notes on Part I

Modifications

C1

Pt. I applied with modifications by Sheep Stocks Valuation (Scotland) Act 1937 (c. 34), s. 3(2), Agriculture (Scotland) Act 1948 (c. 45), s. 72, Agricultural Holdings (Scotland) Act 1949 (c. 75), s. 73, Crofters (Scotland) Act 1955 (3 & 4 Eliz. 2 c. 21), s. 34(1), Land Drainage (Scotland) Act 1958 (c. 24), s. 14, Opencast Coal Act 1958 (c. 69), s. 52(5)(b) and Deer (Scotland) Act 1959 (c. 40), s. 11(4); amended by Crofters (Scotland) Act 1961 (c. 58), s. 2(7)