Legislation and regulation
Law and regulation
The Sector is heavily regulated, with legislation covering a very broad spectrum of topics. Ignorance of the law is no excuse in the eyes of the courts. Topics covered include:
firearms licencing, bird and animal welfare, veterinary medicine, disease control, environmental impact, food hygiene, predator and pest control, Health & Safety, to name a few.
Guidance on the legislative framework and what it means for you, your shoot or game farm can be found here.
The key pieces of legislation affecting shooting within the UK are laid out here. Some Acts, Regulations etc. do not apply to the whole of the UK and where possible the jurisdiction has been highlighted. The list should not be taken as wholly comprehensive due to the extremely fragmented nature of legislation pertaining to shooting and the countryside. Nevertheless, care has been taken to highlight the major areas of concern and regulation. Some issues, while important to rural life and which might affect shooting such as driving are not included.
Key Legislation
Legislation | Year | Jurisdiction | Summary |
Night Poaching Act 1828 | 1828 | England, Wales, Scotland | Prohibits the taking of game at night. |
Game Act 1831 | 1831 | Varies | Establishes close seasons for game; requires licences for dealing game. |
Night Poaching Act 1844 | 1844 | England, Wales, Scotland | Further legislation regarding the taking of game at night. |
Ground Game Act 1880 | 1880 | England, Wales, Scotland | Land occupiers have the inalienable right to control rabbit and hare on their land. |
Hill Farming Act 1946 | 1946 | England, Wales, Scotland | Governs licences for the regulation or prohibition of the burning of heather, grass, bracken, gorse and vaccinium on land (s.22)); Similar provisions for Muirburn in Scotland (ss.22-27A) |
Firearms Act 1968 | 1967 | England, Wales, Scotland | Created legislative framework for the control, possession and licensing of firearms (s.1) and shot guns (s.2). |
Highways Act 1980 | 1980 | England, Wales | It is an offence without lawful authority or reasonable excuse to discharge any firearm within 50 feet of the centre of a highway, which consists of or comprises a carriageway, and in consequence a user of the carriageway is injured, interrupted or endangered (s.161) |
Animal Health Act 1981 | 1981 | England, Wales, Scotland | Various legislative provisions for biosecurity; disease prevention and eradication including slaughter; export etc. |
Wildlife and Countryside Act 1981 | 1981 | England, Wales, Scotland | Contains many provisions relating to shooting including the protection of birds, the release of birds, trapping and control of certain species. n.b. the Act is jurisdiction dependent with various provisions applying in Scotland differently from how they apply in England and Wales. |
The Wildlife (Northern Ireland) Order 1985 | 1985 | Northern Ireland | Similar provisions to the Wildlife and Countryside Act 1981 but applicable only to Northern Ireland. |
Firearms (Amendment) Act 1997 & Firearms (Amendment) (No. 2) Act 1997 | 1997 | England, Wales, Scotland | Banned handguns except in Northern Ireland. |
Countryside and Rights of Way Act 2000 | 2000 | England, Wales (some limited application to Scotland) | Section 42 allows other Acts of Parliament to apply to open access land. For example, it means laws concerning the carrying of firearms in public (s.19 Firearms Act 1968) applies to open access land. Similarly, it permits a constable to examine firearms and ammunition he/she might have reasonable cause to believe is being carried in a public place. (s.47 Firearms Act 1968) |
Firearms (Northern Ireland) Order 2004 | 2004 | Northern Ireland | Legislative framework for the control, possession and licensing of firearms including shotguns. |
Natural Environment and Rural Communities Act 2006 | 2006 | England, Wales, Scotland (Part 2). | Legislation to create Natural England, the reconstitution of Joint Nature Conservation Committee, biodiversity, offences in relation to SSSIs; legislation relating to rights of way. |
The Heather and Grass etc. Burning (Wales) Regulations 2008 | 2008 | Wales | Regulates burning such that a licence is required. |
The Humane Trapping Standards Regulations 2019 | 2019 | England | Amends relevant provisions of the Wildlife and Countryside Act 1981 in relation to trapping. |
Agriculture (Wales) Act 2020 | 2020 | Wales | Prohibits the use of snares and glue traps in Wales (ss.46-7) |
Heather and Grass etc. Burning (England) Regulations 2021 | 2021 | England | Further governs the burning of heather, grass etc. e.g. the prohibition of burning on peat deeper than 40cm without a licence. |
Wildlife Management and Muirburn Act 2024 | 2024 | Scotland | Prohibits the use of snares (ss.6-8) and glue traps (ss.1-5). Introduces licensing for grouse moor shooting (ss.9-10). Licensing for muirburn (Part 2). |
Food Hygiene
Legislation | Year | Jurisdiction | Summary |
Regulation (EC) No 178/2002 | 2002 | England, Wales, Scotland, Northern Ireland (as Regulation 178/2002 | Establishes general principles for food hygiene and trade. |
Assimilated Regulation (EC) No. 853/2004 | 2004 | England, Wales, Scotland, Northern Ireland (as Regulation 853/2004) | Establishes a framework for food hygiene including identification marking, food chain information, frozen food, standards for butchery etc. |
Assimilated Regulation (EU) 2017/625 | 2017 | England, Wales, Scotland, Northern Ireland (as Regulation 2017/625) | Various controls, standards and monitoring requirements for food. |
General Licences – England
Legislation | Year | Summary |
General Licence 33 | 2024 | Govern the operation of wild bird traps |
General Licence 40 | 2024 | Permits the killing or taking of target species; the taking, damaging or destruction of nests; the taking or destruction of nests for conservation purposes. |
General Licence 41 | 2024 | Permits the killing or taking of target species; the taking, damaging or destruction of nests; the taking or destruction of nests for public safety or health. |
General Licence 42 | 2024 | Permits the killing or taking of target species; the taking, damaging or destruction of nests; the taking or destruction of nests for the prevention of serious damage to livestock, crops etc. |
General Licence 43 | 2023 | Permits release of pheasant or red legged partridge within a Special Area of Conservation (or within 500m of its boundary). |
General Licence 45 | 2024 | Permits release of pheasant or red legged partridge within a Special Protection Area (or within 500m of its boundary). |
General Licences – Scotland
Legislation | Year | Summary |
GL01/2024 | 2024 | To kill or take certain birds for the conservation of wild birds |
GL02/2024 | 2024 | To kill or take certain birds for the prevention of serious damage to livestock, foodstuffs for livestock, crops, vegetables and fruit |
GL03/2024 | 2024 | To kill or take certain birds for the preservation of public health, public safety and preventing the spread of disease |
General Licences – Wales
Legislation | Year | Summary |
GL001 | 2024 | Licence to kill or take certain wild birds to prevent serious damage to livestock, foodstuffs for livestock, crops, vegetables or fruit or to prevent the spread of disease to livestock, foodstuffs for livestock, crops, vegetables or fruit. |
GL002 | 2024 | Licence to kill or take certain wild birds for the purpose of preserving public health and preventing the spread of disease. |
GL003 | 2024 | Licence to kill or take certain wild birds for the purpose of conserving certain wild birds. |
General Licences – Northern Ireland
Legislation | Year | Summary |
Licence TPG1 | 2024 | Licence for preserving public health or public safety applies to Feral Pigeon and Jackdaw. |
Licence TPG2 | 2024 | Licence for the purpose of preventing the spread of disease and preventing serious damage to livestock, crops, etc, now applies to Hooded Crow, Jackdaw, Magpie, Rook, Feral Pigeon and Woodpigeon. |
Licence TPG3 | 2024 | Licence for the conservation of wild birds applies to Hooded Crow and Magpie and is restricted to use in the breeding season between 1 March and 31 August. |
Miscellaneous
Legislation | Year | Jurisdiction | Summary |
Poaching Prevention Act 1862 | 1862 | England, Wales | Offers a definition of game (s.1), grants powers to the police to search persons in a public place whom they might have good cause to believe have been unlawfully in search or pursuit of game. |
Hares Preservation Act 1892 | 1892 | England, Wales, Scotland | Provides a close season for the sale of hare (March, April, May, June, July). |
Game Preservation Act (Northern Ireland) 1928 | 1928 | Northern Ireland | Legislation relating to game dealing, the protection of game on Sundays and at night, close seasons relating to grouse (December to 11th August) and hare (February to September, inclusive). |
Agriculture Act 1947 | 1947 | England, Wales, Scotland | s.98 permits the secretary of state to serve notice on an individual to take steps to prevent damage to crops, pasture animal or human foodstuffs, livestock, trees, hedges etc |
Health and Safety at Work Act 1974 | 1974 | England, Wales, Scotland, Northern Ireland (with some exceptions in relation to Scotland and NI) | Various provisions establishing a general duty on employers to ensure the health, safety and wellbeing of employees. Establishes criminal liability for employers for breaches of the Act. |
Criminal Justice Act 1988 | 1988 | England, Wales | Section 139 makes it a criminal offence to have in public a bladed item which exceeds 3 inches except for a folding pocket knife. Exceptions apply if good reason can be demonstrated or if the bladed item is carried in connection with work, national dress or religious reasons. |
Environment Act 1995 | 1995 | England, Wales, Scotland (varies) | Established Environment Agencies across the UK i.e. the Environment Agency in England, Natural Resources Body for Wales, Scottish Environmental Protection Agency etc. Other provisions address air quality etc. |
Wild Mammals (Protection) Act 1996 | 1996 | England, Wales, Scotland | It is a criminal offence with intent to cause unnecessary suffering or to mutilate, kick, beat etc any wild mammal (s.1). Section 2 provides a general defence if such actions are the result of an attempt to either perform a mercy killing or humane dispatch after the animal has been injured in the course of lawful shooting, hunting or pest control. The Act would apply to badgers but the CPS believes a prosecution under the Protection of Badgers Act 1992 would be more appropriate. |
Control of Substances Hazardous to Health | 2002 | England, Wales, Scotland, Northern Ireland | Various provisions concerning the safe handling, storage, transport etc. of hazardous substances e.g. pesticides, rodenticides, herbicides etc. |
Nature Conservation (Scotland) Act 2004 | 2004 | Scotland | Permits Nature Scot to impose nature restoration orders and land management orders. |
Violent Crime Reduction Act 2006 | 2006 | England, Wales | Various provisions relating to the sale of air weapons, crossbows and for increasing the maximum age for the purchase of a bladed item to 18. |
Wildlife and Natural Environment (Scotland) Act 2011 | 2011 | Scotland | Provides many important pieces of legislation including for the protection of hare including a close season (mountain hare – March-July; brown hare – February-September, inclusive). Also has provisions relating to non-native species, deer and badgers. |
Habitats Regulations 2017 | 2017 | England, Wales (Certain provisions apply to Scotland) | Create and manage variously Special Areas of Conservation, Special Protection Areas etc. |
Environment Act 2021 | 2021 | England, Wales, Northern Ireland (certain provisions apply to all nations) | Established the Office for Environmental Protection in England (covering NI in the interim). Creates environmental improvement plans; environmental monitoring, targets and principles. Addresses air and water quality. Biodiversity net gain, conservation covenants. |
Registration on the poultry register. Across the UK it is a legal requirement to register all kept birds, including gamebirds when they are kept. Guidance for each jurisdiction is below:
England & Wales. https://www.gov.uk/government/publications/poultry-including-game-birds-registration-rules-and-forms
Scotland. https://keptbirdregister.service.gov.scot
Northern Ireland. https://www.daera-ni.gov.uk/publications/bird-registration-form
If there are more than 40,000 birds held, there may be a need to register for a pollution prevention control permit PPC. Read guidance from:
- the Environment Agency if you farm in England
- the Scottish Environment Protection Agency (SEPA) if you farm in Scotland
- Natural Resources Wales if you farm in Wales
Registration as a food business. Under certain circumstances, game shoots are required to register with the local authority as a food business.
https://register.food.gov.uk/new
https://www.foodstandards.gov.scot/downloads/FSS_Wild_Game_Guide-_December_2021.pdf
