Game Birds Preservation Order (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 290

GAME

Game Birds Preservation Order (Northern Ireland) 1998

Made

17th August 1998

Coming into operation

7th September 1998

The Department of the Environment(1), being satisfied that it is necessary to provide special protection for grouse, partridge, red-legged partridges and hen pheasants:

(a)

in exercise of the powers conferred on it by sections 7C(1) and 7F(1) to (3) of the Game Preservation Act (Northern Ireland) 1928(2) (hereinafter referred to as “the Act”) and paragraph 2(1) of Schedule 1 to the Northern Ireland Act 1974(3) and of every other power enabling it in that behalf; and

(b)

after publishing, pursuant to section 7F(5) of the Act, notice of proposal to make this Order and of the purport thereof, and not having received any objection to the said proposal,

hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Game Birds Preservation Order (Northern Ireland) 1998 and shall come into operation on 7th September 1998.

Prohibition of sale for consumption of grouse

2.  It shall not be lawful for any person to sell or purchase grouse for consumption in Northern Ireland or elsewhere by human beings or animals at any time from 7th September 1998 to 11th August 1999.

Prohibition of killing or taking partridge, red-legged partridges and hen pheasants

3.  It shall not be lawful for any person to kill or take partridge, red-legged partridges or hen pheasants at any time from 30th September 1998 to 30th September 1999 provided that the Department of the Environment may, where it is considered expedient so to do, grant exemption from the terms of this Article.

Prohibition of sale for consumption of partridge, red-legged partridges and hen pheasants

4.  It shall not be lawful for any person to sell or purchase partridge, red-legged partridges or hen pheasants for consumption in Northern Ireland or elsewhere by human beings or animals at any time from 30th September 1998 to 30th September 1999 except that a person who has been exempted under Article 3 to kill partridge, red-legged partridges or hen pheasants may sell them to a licensed game dealer.

Sealed with the Official Seal of the Department of the Environment on

L.S.

R. W. Rogers

Assistant Secretary

17th August 1998.

Explanatory Note

(This note is not part of the Order.)

This Order prohibits, except where exemption is granted, the killing or taking of partridge, red-legged partridges and hen pheasants during the normal open season for game birds. It also restricts dealings in partridge, red-legged partridges or hen pheasants and prohibits dealings in grouse.

Any person who acts in contravention of or fails to comply with any provision of the Order shall be guilty of an offence under the Game Preservation Act (Northern Ireland) 1928.

Any person guilty of an offence under the Act shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale (£500) or at the discretion of the court to imprisonment for a term not exceeding 3 months or to both such fine and imprisonment.

(1)

S.R. & O. (N.I.) 1972 No. 252: S.R. & O. (N.I.) 1973 No. 504 Art. 7; S.I. 1976/424 (N.I. 6) Art. 3

(2)

1928 c. 25 (N.I.); see s. 3 of 1951 c. 4 (N.I.)

(3)

1974 c. 28