Draft Order laid before the Scottish Parliament under section 42(4) of the Wildlife and Natural Environment (Scotland) Act 2011 for approval by resolution of the Scottish Parliament

2012 No.

Wildlife

The Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012

Made 2012

Coming into force2nd July 2012

The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 42(1) and (2) of the Wildlife and Natural Environment (Scotland) Act 20111, and all other powers enabling them to do so.

In accordance with section 42(4) of that Act2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement1

This Order may be cited as the Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012, and comes into force on 2nd July 2012.

Consequential modifications, repeals and revocation2

The modifications listed in Parts 1 and 2, the repeals listed in Part 3 and the revocation listed in Part 4 of the Schedule have effect.

NameAuthorised to sign by the Scottish MinistersSt Andrew’s House,EdinburghDate

SCHEDULE

Article 2

PART 1MODIFICATIONS OF PUBLIC GENERAL ACTS

Criminal Procedure (Scotland) Act 1995

1

In Schedule 9 (certificates as to proof of certain routine matters) to the Criminal Procedure (Scotland) Act 19953 in column 1 of the entry relating to the Wildlife and Countryside Act 19814, for “Sections 1, 5, 6(1) to (3), 7, 8, 9(1), (2), (4) and (5), 11(1) and (2), 13(1) and (2) and 14” substitute “Sections 1, 5, 6(1) to (3), 7, 8, 9(1), (2), (4) and (5), 10A(1), 11(1) and (2), 11G(1), 11I(1), 13(1) and (2), 14, 14ZC and 14A”5.

Marine (Scotland) Act 2010

2

In section 132(2)(c) (enforcement of marine protection and nature conservation legislation) of the Marine (Scotland) Act 20106, for “11, 13, 14 and 14A” substitute “10A, 11, 11A, 11B, 11C, 11E, 11G, 11I, 13, 14, 14ZC, 14A, 14B, 14K, 18A and 18B”7.

PART 2MODIFICATIONS OF SUBORDINATE LEGISLATION

The Marketing Development Scheme (Specification of Activities) Order 1994

3

In article 2(2)(a) of the Marketing Development Scheme (Specification of Activities) Order 19948—

a

after “game” insert—

i
in relation to England and Wales,

b

at the end of the sub-paragraph after the date “1862”, insert—

ii
in relation to Scotland, means the species listed in Part 1 of Schedule 2 and Schedule 6A to the Wildlife and Countryside Act 19819;

Conservation (Natural Habitats, &c.) Regulations 1994

4

In regulation 101A (application of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981) of the Conservation (Natural Habitats, &c.) Regulations 199410—

a

in paragraph (3)(a)(i) after “9(5)” insert “11I(1)”; and

b

in paragraphs (3)(c), 4(c)(i) and 4(d), for “14A” substitute “14K”.

The Food Industry Development Scheme (Specification of Activities) Order 1997

5

In article 2(2)(a) of the Food Industry Development Scheme (Specification of Activities) Order 199711—

a

after “game” insert—

i
in relation to England and Wales,

b

at the end of the sub-paragraph after the date “1862”, insert—

ii
in relation to Scotland, means the species listed in Part 1 of Schedule 2 and Schedule 6A to the Wildlife and Countryside Act 1981;

Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

6

In the definition of “General Licence” in Schedule 1 to the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 200812, after “the Scottish Ministers” insert “(or Scottish Natural Heritage or a local authority where the Scottish Ministers have delegated their licence-granting power under section 16A of the Wildlife and Countryside Act 1981)”13.

PART 3REPEALS

Enactment	Extent of Repeal
The Criminal Procedure (Scotland) Act 1995 (c.46)	In Schedule 5, the entries relating to the—
		Night Poaching Act 1828 (c.69);
		Game (Scotland) Act 1832 (c.68); and
		Poaching Prevention Act 1862 (c.114).
	In Schedule 10, the entry relating to the Night Poaching Act 1828 (c.69).

PART 4REVOCATION

Reference	Order revoked
S.S.I. 2010/8	The Snares (Scotland) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes consequential modifications to primary and secondary legislation in connection with the commencement of provisions of the Wildlife and Natural Environment (Scotland) Act 2011 on 2nd July 2012 (article 2 and Parts 1 and 2 of the Schedule). The Order also repeals and revokes certain enactments (article 2 and Parts 3 and 4 of the Schedule).