For the purposes of section 3(1) of that Act, the Secretary of State is of the opinion that this Order does not—

(a) remove any necessary protection, or

(b) prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise.

For the purposes of section 3(2) of that Act, the Secretary of State is of the opinion, in relation to any burden created by this Order, that—

(a) the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burden, and

(b) the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for the Order to be made.

The Secretary of State has consulted in accordance with section 5(1) of that Act.

The Secretary of State laid a document before Parliament containing his proposals for this Order in accordance with section 6(1) of that Act.

The period for Parliamentary consideration referred to in section 8(1) of that Act has expired.

In accordance with section 8(4) of that Act, the Secretary of State has had regard to the representations made during that period and in particular to the 5th Report of the Delegated Powers and Regulatory Reform Committee of the House of Lords(2) and the 1st Report of the Regulatory Reform Committee of the House of Commons(3).

The Secretary of State has laid a draft of this Order before Parliament with a statement as required by section 8(5) of that Act.

The draft has been approved by resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) This Order may be cited as the Regulatory Reform (Game) Order 2007 and comes into force on 1st August 2007.

(2) This Order extends to England and Wales only.

Game Licences

2.  In the Game Act 1831(4) the following are repealed—

(a) sections 5 (saving as to existing laws requiring game certificates) and 6 (every person holding a certificate may kill and take game, etc.);

(b) in section 7(5) (under existing leases the landlord shall have the game except in certain cases), the words “who shall have obtained an annual game certificate”;

(c) in section 10(6) (this Act not to give interest in game to owners of cattlegates or rights of common, etc.), the words “who shall have obtained an annual game certificate”;

(d) in section 11(7) (landlords who have reserved the game may authorize others to kill it), the words “who shall have obtained an annual game certificate”;

(e) in section 13(8) (lords of manors may appoint gamekeepers to act within limits of manors etc.), the words from “, and to authorize” to the end;

(f) in section 15(9) (regulations respecting appointment of gamekeepers in Wales), the words from “; and it shall be lawful” to the end;

(g) sections 17 (persons holding certificates may sell game to licensed dealers, etc.) and 18 (justices to hold a special session yearly for granting licences to persons to deal in game, etc.);

(h) sections 21 to 23 (which contain further provisions relating to licences and certificates); and

(i) sections 25 to 29 (which contain provisions relating to licences and the consequences of persons not having licences or game certificates).

3.  The Game Licences Act 1860(10) is repealed.

Sale of Game

4.  Section 4 of the Game Act 1831 (penalty on dealers in game buying, selling or possessing birds of game after 10 days after expiration of season for killing, etc.) is repealed.

5.  After section 3 of the Game Act 1831 (penalty for killing or taking game on certain days and during certain seasons, etc.) insert—

“3A    Sale of birds of game

(1) If any person—

(a) sells or offers or exposes for sale, or

(b) has in his possession or transports for the purposes of sale,

any bird of game to which this subsection applies, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

(2) Subsection (1) applies to any bird of game—

(a) which has been taken or killed in circumstances which constitute an offence under any of—

(i) the Night Poaching Act 1828(11);

(ii) this Act(12);

(iii) the Poaching Prevention Act 1862(13); or

(iv) Part 1 of the Wildlife and Countryside Act 1981(14) (wildlife); and

(b) which the person concerned knows or has reason to believe has been so taken or killed.”.

Consequential repeals, revocations and amendments

6.  The Schedule (which contains consequential repeals, revocations and amendments) has effect.