Wild Creatures and Forest Laws Act 1971

Abolition of certain rights of the Crown to wild creatures and certain related rights and franchises.

1

• (1) There are hereby abolished—

• (a) any prerogative right of Her Majesty to wild creatures (except royal fish and swans), together with any prerogative right to set aside land or water for the breeding, support or taking of wild creatures; and

• (b) any franchises of forest, free chase, park or free warren.

• (2) The forest law is hereby abrogated, except in so far as it relates to the appointment and functions of verderers.

• (3) Any right of common originating in the forest law shall be free of restriction by reason of the fence month or the winter heyning or any payment in place of it, but the foregoing provision shall not affect the suspension or exclusion of any such right for the time being effected by or under any enactment or any limitations or restrictions for the time being imposed by or under any enactment on the exercise of any such right.

• (4) The enactments mentioned in the Schedule to this Act (being enactments which, or parts of which, are made unnecessary by subsections (1) and (2) above or, apart from those subsections, are no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

• (5) Except as provided by subsection (3) above, no existing right of common or pannage originating in the forest law shall be affected by the abrogation of the forest law or by the repeal by this section of any enactment giving or confirming that right.

• (6) Notwithstanding the abrogation by this section of the forest law or the repeal by this section of the Dean Forest Act 1667, verderers in the Forest of Dean shall continue to be elected and hold office as at the passing of this Act.

• (7) The repeal by this section of section 13 of the Duchy of Lancaster Act 1821 shall not affect the operation of that section in relation to any existing power to depute or appoint gamekeepers.

Short title and extent.

2

• (1) This Act may be cited as the Wild Creatures and Forest Laws Act 1971.

• (2) The partial repeal by this Act of section 2 of the Night Poaching Act 1828 extends to Scotland, but except as aforesaid this Act does not extend to Scotland.

• (3) This Act extends to Northern Ireland . . .

SCHEDULE

Editorial notes

[^c818249]: The text of s. 1(4) and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c818250]: 1667 c. 8.

[^c818251]: 1821 c. 52.

[^c818252]: 1828 c. 69.

[^c818253]: Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

[^c818254]: The text of s. 1(4) and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.