Wild Creatures and Forest Laws Act 1971



Wild Creatures andForest Laws Act 1971

1971 CHAPTER 47

An Act to abolish certain rights of Her Majesty to wild creatures and certain related rights and franchises; to abrogate the forest law (subject to exceptions); and to repeal enactments relating to those rights and franchises and to forests and the forest law; and for connected purposes.

[1st July 1971]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Abolition of certain rights of the Crown to wild creatures and certain related rights and franchises.

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

(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by subsections (1) and (2) above or, apart from those subsections, are no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.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 Act 1 & 2 Geo. 4. c. 52 (powers of purchasers of forestal or other rights held in right of the Duchy of Lancaster) shall not affect the operation of that section in relation to any existing power to depute or appoint gamekeepers.

S-2 Short title and extent.

2 Short title and extent.

(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 and shall, as respects matters within the powers of the Parliament of Northern Ireland, be subject to alteration by that Parliament as if it had been an Act passed before the day appointed for the purposes of section 6 of the Government of Ireland Act 1920 .

S C H E D U L E

ENACTMENTS REPEALED

Statute, etc.

Title, Short title or subject

Extent of Repeal

25 Edw. 1. (1297).

The Charter of the Forest.

The whole statute, so far as unrepealed.

25 Edw. 1. (1297).

(Confirmation of the Charters).

In chapter 1, the words ‘and the Charter of the Forest’, where first occurring, and the words ‘and the Charter of the Forest for the wealth of our realm’.

33 Edw. 1. (1305).

An Ordinance of the Forest. The whole statute.

34 Edw. 1. (1306).

An Ordinance of the Forest.

The whole statute, so far as unrepealed.

[Of uncertain date.]

The Customs and Assise of the Forest.

The whole statute.

1 Edw. 3. Stat. 2. (1327).

(Botes in forest). Chapter 2.

25 Edw. 3. Stat. 5. (1351).

(Limit on demand of puture in forest).

Chapter 7.

7 Hen. 4. (1405).

(Confirmation of Liberties).

The words ‘and the Charter of the Forest’.

4 Hen. 5. Stat. 2. (1416).

(Confirmation of Charters and Statutes).

The words ‘and the Charter of the Forest’.

27 Hen. 8. c. 7. (1535).

An Act for the abuses in the forests of Wales.

The whole Act.

16 Chas. 1. c. 16.

The Delimitation of Forests Act 1640.

The whole Act.

19 & 20 Chas. 2. c. 8.

The Dean Forest Act 1667.

The whole Act, so far as unrepealed.

9 Will. 3. c. 33. The New Forest Act 1697. The whole Act.

39 & 40 Geo. 3. c. 86.

The New Forest Act 1800. The whole Act.

41 Geo. 3. (U.K.) c. 108 (1801).

An Act for enabling His Majesty to grant commissions for executing an Act made in the 39th and 40th years of the reign of His present Majesty, intituled An Act for the better preservation of timber in the New Forest in the county of Southampton, and for ascertaining the boundaries of the said forest, and of the lands of the Crown within the same.

The whole Act.

48 Geo. 3. c. 72.

The Dean and New Forests Act 1808.

The preamble.

Sections 1 and 2.

In section 3 the words from the beginning to ‘be it enacted that’; the words

Statute, etc.

Title, Short title or subject

Extent of Repeal

‘and New Forest respectively’; the words ‘in the said forests respectively’ in both places; the words ‘and six thousand acres in the New Forest’, in both places; the words from ‘and the quantities, butts and boundaries’ to ‘of record for ever’; and the words ‘the said recited Acts and,’ in both places.

In section 4 the words from ‘the lord high treasurer’ to ‘shall determine that’; and the words ‘the said recited Acts or’.

Sections 5 and 7.

50 Geo. 3. c. 116 (1810).

An Act to extend and amend the terms and provisions of an Act of the 39th and 40th years of His present Majesty for the better preservation of timber in the New Forest in the county of Southampton, and for ascertaining the boundaries of the said forest, and of the lands of the Crown within the same.

The whole Act.

50 Geo. 3. c. ccxviii (1810).

An Act for disafforesting the forest of South, otherwise East Bere otherwise Bier, in the county of Southampton, and for inclosing the open commonable lands within the said forest.

The whole Act, so far as unrepealed.

52 Geo. 3. c. 71 (1812).

An Act for the better cultivation of navy timber in the forest of Woolmer, in the county of Southampton.

The whole Act, so far as unrepealed.

52 Geo. 3. c. 72 (1812).

An Act for the better cultivation of navy timber in the forest of Alice Holt in the county of Southampton.

The whole Act, so far as unrepealed.

52 Geo. 3. c. clxxi

(1812).

An Act for disafforesting the forest of Parkhurst in the county of Southampton, and for inclosing the open commonable lands within the said forest.

The whole Act, so far as unrepealed.

Statute, etc.

Title, Short title or subject

Extent of Repeal

53 Geo. 3. c. 158 (1813).

An Act for vesting in His Majesty certain parts of Windsor Forest in the county of Berks; and for inclosing the open commonable lands within the said forest.

The whole Act, except sections 75 to 79 and 89.

55 Geo. 3. c. 122 (1815).

An Act to amend an Act of the 53rd year of His present Majesty, for vesting in His Majesty...

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