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GAME PRESERVATION (AMENDMENT) BILL

MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE
MONDAY 26 NOVEMBER 2001

Amendments given up to and including Thursday 22 November 2001
The Bill will be considered in the Following order-
Clauses, Schedules, Long Title

Amendment 1 [Negatived on division]

Clause 1, Page 1, Line 5

At end insert—

'(a) in paragraph (a) for "February" substitute "January" and for "eleventh day of August" substitute "twenty fifth day of December";'

Mr David Ford
Ms Eileen Bell

Amendment 2 [Negatived]

Clause 1, Page 1

Leave out lines 7 to 9 and insert—

'"(bb) any snipe during the period commencing on 1st February in any year and ending with 31st August next following;

(bbb) any partridge during the period commencing on 1st February in any year and ending with 14th September next following;"; and'

Mr James Leslie

Amendment 3 [Negatived]

Clause 1, Page 1, Line 7

leave out from 'any' to the end of line 9 and insert—

'any partridge during the period commencing on 1st February in any year and ending with the 14th September next following;"; and'

Mr James Leslie

Amendment 4 [Negatived]

Clause 1, Page 1, Line 7

leave out 'or snipe'

Mr James Leslie

Amendment 5 [Negatived on division]

Clause 1, Page 1, Line 11

At end insert—

'(2A) In section 7, subsection (2) shall be omitted.'

Mr David Ford
Ms Eileen Bell

Amendment 6 [Not moved]

Clause 1, Page 1, Line 17

Leave out all from 'or' to end of line 19.

Mr David Ford
Ms Eileen Bell

Amendment 7 [Not moved]

Clause 1, Page 1, Line 19

At end insert—

'(3A) In section 7(4), the words from "Provided that" to the end shall be omitted.'

Mr David Ford
Ms Eileen Bell

Amendment 8 [Negatived on division]

Clause 1, Page 1, Line 19

At end insert—

'(3B) In section 7D, for subsection (4) there shall be substituted—

"(4) It shall not be lawful for any person to take a hare alive by trap or net for the purpose of coursing or hunting."'

Mr David Ford
Ms Eileen Bell

Amendment 9 [Made]

Clause 2, Page 2, Line 1

Leave out clause 2 and insert—

'Protection of game and rabbits

2.— (1) For section 7A of the 1928 Act there shall be substituted—

"Protection of game and rabbits

7A— (1) Any person who kills, takes or destroys any game—

(a) on a Sunday; or
(b) during the period commencing one hour after sunset on any day and ending one hour before sunrise on the next day,

shall be guilty of an offence under this Act.
(2) Any person who—

(a) at any time kills, takes or destroys any rabbit by means of a firearm on any land; and
(b) is not an authorised person in relation to that land,
shall be guilty of an offence under this Act.".

(3) Subsection (2) does not apply in relation to the killing, taking or destroying of any rabbit in pursuance of any power conferred by or under—

(a) the Forestry Act (Northern Ireland) 1953 (c.2); or
(b) the Diseases of Animals (Northern Ireland) Order 1981 (NI 22).

(4) For the purposes of subsection (2) a person is an authorised person in relation to any land if he is, or is authorised by—

(a) the owner or occupier of the land; or
(b) a person who has a right of shooting on the land.".

(2) In section 9 of the Forestry Act (Northern Ireland) 1953 (c.2) (right of occupier to kill rabbits, hares or deer damaging trees) in subsections (1) and (2) the word "rabbits,", wherever it occurs, shall be omitted.
(3) In section 10 of that Act (prevention of damage caused by rabbits, etc.) subsection (3) shall be omitted.
(4) In the Ground Game Act 1880 (c.47) (right of occupier to kill and take hares and rabbits)—

(a) in section 1, in subsection (1)—

(i) for the words "duly authorised by him in writing" there shall be substituted "authorised by him"; and
(ii) paragraphs (a), (b) and (c) shall be omitted;
(b) in section 1, subsection (3) shall be omitted; and
(c) section 10 shall be omitted.

(5) In the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 (c. 11) —

(a) in section 29(3) (persons not required to have game licence) for paragraph (c) there shall be substituted—

"(c) any occupier of any land, or any person authorised by him, engaged in the killing or taking of ground game on that land;";

(b) in section 35(4) (sale by occupier of ground game killed or taken on his land) for the words from "duly authorised" to the end there shall be substituted "authorised by him to kill and take ground game";
(c) in section 37(1) (restriction on sales to licensed game dealers) the words "in accordance with the Ground Game Acts" shall be omitted;
(d) in section 41(b) (saving for rights of occupier under Ground Game Acts) for "Acts" there shall be substituted "Act 1880";

(e) in section 42 (interpretation) the definition of "the Ground Game Acts" shall be omitted.

(6) The statutory provisions set out in the Schedule are repealed to the extent specified in the second column of the Schedule.'

Minister of the Environment

Amendment 10 [Not moved]

The Schedule

As an amendment to amendment 11,

In line 9 at the end insert—

'The Game Preservation Act (Northern Ireland) 1928 (c. 25)

Section 7(2).

In section 7(4), the words from "Provided that" to the end.'

Mr David Ford
Ms Eileen Bell

Amendment 11 [Made]

New Schedule

After clause 4 insert—

'Schedule

Repeals

 

Short Title

Extent of repeal

5

The Ground Game Act 1880 (c.47).

In section 1(1), paragraphs (a), (b) and (c).

Section 1(3).

Section 10.

 

The Ground Game (Amendment) Act 1906 (c.21).

The whole Act.

10

The Forestry Act (Northern Ireland) 1953 (c.2).

In section 9(1) and (2), the word "rabbits" wherever it occurs.

Section 10(3).

15

The Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 (c.22).

In section 37(1), the words "in accordance with the Ground Game Acts".

In section 42, the definition of "the Ground Game Acts".'

Minister of the Environment

Amendment 12 [Made]

Long Title

In the long title, at the end insert '; and to amend the law relating to the killing, taking or destroying of rabbits and hares.'

Minister of the Environment