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Intresting question - Owner vs Farmer


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1 hour ago, Dangerous Brian said:

 I can't see where GL42 grants additional rights to the occupier. It provides a means to control pest species without falling foul of the Wildlife and Countryside act. Any other permissions/ rights needed to shoot on a particular piece of land don't seem to fall under it's scope.

Correct the person arguing that it does is confusing their law. It grants a licence to the occupier to control woodpigeon (or whatever) only where that occupier may have permission to do so from the person who holds the shooting rights. If the occupier does not hold those shooting rights then GL42 (unlike the also mentioned Ground Game Act) does not assist them in any way. 

 

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1 minute ago, enfieldspares said:

Correct the person arguing that it does is confusing their law. It grants a licence to the occupier to control woodpigeon (or whatever) only where that occupier may have permission to do so from the person who holds the shooting rights. If the occupier does not hold those shooting rights then GL42 (unlike the also mentioned Ground Game Act) does not assist them in any way. 

 

I'm willing to concede that you and CharlieT are right.

I've looked at it again, I've searched the list of secondary legislation and I cant find that the genreal licences are included. 

I still say that if the GL's were secondary legislation, they would grant a further right under certain circumstances as I outlined. But as far as I can now tell, they are just licence's granted by the Secretary of State under the powers of the Wlidlife and Countryside Act, as opposed to statutory instruments, or other secondry legislation, bought into being under the powers of the Act.

Hands up - I got it wrong.

I'd ask the mods to consider if they want to keep this topic up, or delete it in case of any potential confusion it may cause anyone who happens to come across it - or if it was only me who was confused from the start.

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No worry. It is a confusing area. I'd say it's just the same as your SGC or your FAC.

Yes each confirms the holder has the right to possess and to "use" or "enjoy" a shotgun or firearms but it doesn't...and more's the pity....give you any right to use them here, there or anywhere where you've not permission to do so...including thus my words more's the pity...even over public land or common land. Hope it helps.

The GL however is a "licence" in that it allows specifically an acting under the terms of that licence to lawfully do something that they would otherwise be doing unlawfully. The same a release licence permits a prisoner serving a life sentence of imprisonment to be lawfully outwith their prison.

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