Proposal for the Draft Regulatory Reform
(Game) Order 2007
Introduction
84. This is a "first stage" proposal
laid before Parliament on 11 December 2006 under section 6 of
the Regulatory Reform Act 2001. An explanatory statement by the
Department for Environment, Food and Rural Affairs has been laid
with the proposal in accordance with section 6(2) of that Act[4].
85. The purpose of this proposal is to abolish
game licences and game dealing licences and to remove restrictions
on dealing in game birds and venison during the close season.
Each element is removing or reducing a burden no longer considered
desirable.
86. The 19th century Game Acts were intended
to ensure that game was not killed during breeding seasons and
to prevent poaching and the sale of illegally killed game. They
did this in part by providing for licences to take, kill or deal
in game and by prohibiting the sale of game in the close season.
Refrigeration and freezing have made the latter provision an anachronism.
The licensing provisions are no longer considered effective or
necessary. Together, they will be replaced with an offence of
selling or possessing a game bird that is known, or believed,
to have been killed or taken illegally. The proposal would:
- remove the requirement to
hold a game licence in order to take or kill game; [Article
2]
- remove the requirement to hold a local authority
licence and an excise licence (dealing licences) in order to deal
in game; [Article 3] and
- remove the restrictions on dealing in game
birds and venison during the close season, permitting game to
be sold by everyone all year round provided that the animal in
question was lawfully killed. [Article 4]
Tests in the Regulatory Reform Act 2001
87. We are satisfied that, for each of the elements
of this proposal, the requirements of the Regulatory Reform Act
2001 have been met.
Other tests
88. The proposed order is neither large (18 Articles),
nor does its subject matter appear controversial within the definition
which we set out in our 18th Report (2004-05). We note that the
consultation exercise consulted on a broader range of proposals
than contained in this RRO. Some of that broader category proved
controversial, e.g. a relaxation of the rules on Sunday and Christmas
Day shooting. Those proposals are not included in this RRO.
Conclusion
89. We consider that the proposal for the
draft Regulatory Reform (Game) Order 2007 meets the requirements
of the Regulatory Reform Act 2001 and is appropriate to be made
under it.
4 Members of the House may obtain both the proposal
and explanatory statement from the Printed Paper Office. Both
documents are also available at:
www.cabinetoffice.gov.uk/regulation/reform/orders/proposals.asp Back
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