Wildlife and Countryside Act 1981

SCHEDULES

[F1 SCHEDULE ZA1 E+W Birds which re-use their nests

Textual Amendments

F1 Sch. ZA1 inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , ss. 47 , 107 ; S.I. 2006/1382 , art. 2

NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]
Common name	Scientific name
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Osprey	Pandion haliaetus

[F2 SCHEDULE A1 S Protected nests and nest sites: birds

Textual Amendments

F2 Sch. A1 inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 24; S.S.I. 2004/495, art. 2

Common name	Scientific name
[F3 Eagle, Golden	Aquila chrysaetos]
Eagle, White-tailed	Haliaetus albicilla]

Textual Amendments

F3 Entry in Sch. A1 inserted (16.3.2013) by The Wildlife and Countryside Act 1981 (Variation of SchedulesA1 and 1A) (Scotland) Order 2013 (S.S.I. 2013/31), arts. 1(1), 2

Sections 1, 2, 4, 6, 19 and 22.

SCHEDULE 1 E+W+S Birds which are Protected by Special Penalties

Part I E+W+S At All Times

Common name	Scientific name
Avocet	Recurvirostra avosetta
Bee-eater	Merops apiaster
Bittern	Botaurus stellaris
Bittern, Little	Ixobrychus minutus
Bluethroat	Luscinia svecica
Brambling	Fringilla montifringilla
Bunting, Cirl	Emberiza cirlus
Bunting, Lapland	Calcarius lapponicus
Bunting, Snow	Plectrophenax nivalis
Buzzard, Honey	Pernis apivorus
[F4 Capercaillie]	[F4 Tetracurogallus]
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
Crake, Spotted	Porzana porzana
Crossbills (all species)	Loxia
Curlew, Stone	Burhinus oedicnemus
Divers (all species)	Gavia
Dotterel	Charadrius morinellus
Duck, Long-tailed	Clangula hyemalis
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Falcon, Gyr	Falco rusticolus
Fieldfare	Turdus pilaris
Firecrest	Regulus ignicapillus
Garganey	Anas querquedula
Godwit, Black-tailed	Limosa limosa
Goshawk	Accipiter gentilis
Grebe, Black-necked	Podiceps nigricollis
Grebe, Slavonian	Podiceps auritus
Greenshank	Tringa nebularia
Gull, Little	Larus minutus
Gull, Mediterranean	Larus melanocephalus
Harriers (all species)	Circus
Heron, Purple	Ardea purpurea
Hobby	Falco subbuteo
Hoopoe	Upupa epops
Kingfisher	Alcedo atthis
Kite, Red	Milvus milvus
Merlin	Falco columbarius
Oriole, Golden	Oriolus oriolus
Osprey	Pandion haliaetus
Owl, Barn	Tyto alba
Owl, Snowy	Nyctea scandiaca
Peregrine	Falco peregrinus
Petrel, Leach’s	Oceanodroma leucorhoa
Phalarope, Red-necked	Phalaropus lobatus
Plover, Kentish	Charadrius alexandrinus
Plover, Little Ringed	Charadrius dubius
Quail, Common	Coturnix coturnix
Redstart, Black	Phoenicurus ochruros
Redwing	Turdus iliacus
Rosefinch, Scarlet	Carpodacus erythrinus
Ruff	Philomachus pugnax
Sandpiper, Green	Tringa ochropus
Sandpiper, Purple	Calidris maritima
Sandpiper, Wood	Tringa glareola
Scaup	Aythya marila
Scoter, Common	Melanitta nigra
Scoter, Velvet	Melanitta fusca
Serin	Serinus serinus
Shorelark	Eremophila alpestris
Shrike, Red-backed	Lanius collurio
Spoonbill	Platalea leucorodia
Stilt, Black-winged	Himantopus himantopus
Stint, Temminck’s	Calidris temminckii
Swan, Bewick’s	Cygnus bewickii
Swan, Whooper	Cygnus cygnus
Tern, Black	Chlidonias niger
Tern, Little	Sterna albifrons
Tern, Roseate	Sterna dougallii
Tit, Bearded	Panurus biarmicus
Tit, Crested	Parus cristatus
Treecreeper, Short-toed	Certhia brachydactyla
Warbler, Cetti’s	Cettia cetti
Warbler, Dartford	Sylvia undata
Warbler, Marsh	Acrocephalus palustris
Warbler, Savi’s	Locustella luscinioides
Whimbrel	Numenius phaeopus
Woodlark	Lullula arborea
Wryneck	Jynx torquilla

Textual Amendments

F4 Sch. 1 Pt. I : Words inserted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(3)

Part II E+W+S During the Close Season

Common name	Scientific name
Goldeneye	Bucephala clangula
Goose, Greylag (in Outer Hebrides, Caithness, Sutherland and Wester Ross only)	Anser anser
Pintail	Anas acuta

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the comon name or names shall not be taken into account.

[F5 SCHEDULE 1A S Birds which are Protected from Harassment

Textual Amendments

F5 Sch. 1A inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 25; S.S.I. 2004/495, art. 2

Common name	Scientific name
[F6 Eagle, Golden	Aquila chrysaetos]
Eagle, White-tailed	Haliaetus albicilla
[F6 Harrier, Hen	Circus cyaneus]
[F6 Kite, Red	Milvus milvus]]

Textual Amendments

F6 Entries in Sch. 1A inserted (16.3.2013) by The Wildlife and Countryside Act 1981 (Variation of SchedulesA1 and 1A) (Scotland) Order 2013 (S.S.I. 2013/31), arts. 1(1), 3

Sections 2, 3, and 22.

SCHEDULE 2 E+W+S Birds which may be Killed or Taken

Part I E+W+S Outside the Close Season

Common name	Scientific name
[F7 Capercaillie]	[F7 Tetrao urogallus]
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Gadwall	Anas strepera
Goldeneye	Bucephala clangula
Goose, Canada	Branta canadensis
Goose, Greylag	Anser anser
Goose, Pink-footed	Anser brachyrhynchus
Goose, White-fronted (in England and Wales only)	Anser albifrons
[F8 Grouse, Black	Tetrao tetrix]
[F8 Grouse, Red	Lagopus lagopus scoticus]
Mallard	Anas platyrhynchos
Moorhen	Gallinula chloropus
[F9 Partridge, Grey	Perdix perdix]
[F9 Partridge, Red-legged	Alectoris rufa]
[F10 Pheasant, Common	Phasianus colchicus]
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
[F10 Ptarmigan	Lagopus mutus]
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Textual Amendments

F7 Sch. 2 Pt. 1 words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(4)

F8 Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(a) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)

F9 Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(b) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)

F10 Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(c) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)

[F11 Part IA S Exception: birds included in Part I which may not be killed or taken on Sundays or Christmas Day

Textual Amendments

F11 Sch. 2 Pt. IA inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(8) , 43(1) (with s. 41(1) ); S.S.I. 2011/279 , art. 2(1)(b)

Common name	Scientific name
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Gadwall	Anas strepera
Goldeneye	Bucephala clangula
Goose, Canada	Branta canadensis
Goose, Greylag	Anser anser
Goose, Pink-footed	Anser brachyrhynchus
Mallard	Anas platyrhynchos
Moorhen	Gallinula chloropus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola]

Part II E+W+S By Authorised Persons at all Times

Common name	Scientific name
F12 . . .	F12 . . .
F12 . . .	F12 . . .
F12 . . .	F12 . . .
F12 . . .	F12 . . .
F12 . . .	F12 . . .
F12 . . .	F12 . . .
F12 . . .	F12 . . .
F12 . . .	F12 . . .
F12 . . .	F12 . . .
F12 . . .	F12 . . .
F12 . . .	F12 . . .
F12 . . .	F12 . . .
F12 . . .	F12 . . .

Textual Amendments

F12 Words in Sch.2 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.2 .

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 6 and 22.

SCHEDULE 3 E+W+S Birds which may be Sold

Part I E+W+S Alive at all Times if Ringed and Bred in Captivity

Common name	Scientific name
Blackbird	Turdus merula
Brambling	Fringilla montifringilla
Bullfinch	Pyrrhula pyrrhula
Bunting, Reed	Emberiza schoeniclus
Chaffinch	Fringilla coelebs
Dunnock	Prunella modularis
Goldfinch	Carduelis carduelis
Greenfinch	Carduelis chloris
Jackdaw	Corvus monedula
Jay	Garrulus glandarius
Linnet	Carduelis cannabina
Magpie	Pica pica
Owl, Barn	Tyto alba
Redpoll	Carduelis flammea
Siskin	Carduelis spinus
Starling	Sturnus vulgaris
Thrush, Song	Turdus philomelos
Twite	Carduelis flavirostris
Yellowhammer	Emberiza citrinella

[F13 Part IA S Alive if taken in captivity or by certain persons outside close season or during first 28 days of close season

Textual Amendments

F13 Sch. 3 Pt. IA inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 5(4)(a) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(c)

Common name	Scientific name
Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Partridge, Grey	Perdix perdix
Partridge, Red-legged	Alectoris rufa
Pheasant, Common	Phasianus colchicus]

Part II E+W+S Dead at all Times

Common name	Scientific name
F14 . . .	F14 . . .
Woodpigeon	Columba palumbus

Textual Amendments

F14 Words in Sch. 3 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.3 .

[F15 Part IIA S Dead if killed outside close season by certain persons

Textual Amendments

F15 Sch. 3 Pt. IIA inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 5(4)(b) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(c)

Common name	Scientific name
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Grouse, Black	Tetrao tetrix
Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Partridge, Grey	Perdix perdix
Partridge, Red-legged	Alectoris rufa
Pheasant, Common	Phasianus colchicus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Ptarmigan	Lagopus mutus
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola]

Part III E+W+S Dead from 1st September to 28th February

Common name	Scientific name
[F16 Capercaillie]	[F16 Tetrao urogallus]
[F17 Coot]	[F17 Fulica atra]
[F17 Duck, Tufted]	[F17 Aythya fuligula]
[F17 Mallard]	[F17 Anas platyrhynchos]
[F17 Pintail]	[F17 Anas acuta]
[F17 Plover, Golden]	[F17 Pluvialis apricaria]
[F17 Pochard]	[F17 Aythya ferina]
[F17 Shoveler]	[F17 Anas clypeata]
[F17 Snipe, Common]	[F17 Gallinago gallinago]
[F17 Teal]	[F17 Anas crecca]
[F17 Wigeon]	[F17 Anas penelope]
[F17 Woodcock]	[F17 Scolopax rusticola]

Textual Amendments

F16 Sch. 3 Pt. III : Words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(5)

F17 Entries in Sch. 3 Pt. III repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 5(4)(c) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(c)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 7 and 22.

SCHEDULE 4 E+W+S Birds Which Must Be Registered and Ringed if Kept in Captivity

Common name	Scientific name
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F19 . . .	F19 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
[F20 Falcons (all species)]	[F20 Falconidae]
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
[F20 Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case)]	[F20 Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps)]
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F19 . . .	F19 . . .
Osprey	Pandion haliaetus
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F18 . . .	F18 . . .
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F18 . . .	F18 . . .
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F18 . . .	F18 . . .
F19 . . .	F19 . . .
F19 . . .	F19 . . .
F21 . . .

Textual Amendments

F18 Entries in Sch. 4 removed (24.5.1994) by S.I. 1994/1151 , art. 2

F19 Sch. 4 : entries omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356) , arts. 2 , 3(1)(2) ; and those same entries omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780) , art. 2(2) ; and those same entries removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418) , art. 2(1)

F20 Sch. 4 : entries removed (24.5.1994) subject to specified exceptions by The Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 (S.I. 1994/1151) , art. 2 ; and further specified entries (except the entries for Falcon, Peregrine (Falco peregrinus) and Merlin (Falco columbarius) under the heading "Falcons (all species)" and except the entries for Buzzard, Honey (Pernis apivorus), Eagle, Golden (Aquila chrysaetos), Eagle, White-tailed (Haliaeetus albicilla), Goshawk (Accipter gentilis), Harrier, Marsh (Circus aeruginosus) and Harrier, Montagu's (Circus pygargus) under the heading "Hawks, True") omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356) , arts. 2 , 3(1)(2) ; and those same specified entries omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780) , art. 2(2) ; and those same specified entries removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418) , art. 2(1)

F21 Sch. 4 : words omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356) , arts. 2 , 3(3) ; and those same words omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780) , art. 2(3) ; and those same words removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418) , art. 2(2)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 9, 10, 22 and 24.

F22 SCHEDULE 5 E+W Animals which are Protected

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F22 By S.I. 1988/288 , art. 2(2) it is provided that all Dolphins (Cetacea) and all Porpoises (Cetacea) not already listed in Schedule 5 are added to that Schedule and by S.I. 2007/1843 , reg. 7(7)(g) it is provided that said Dolphins (all species) and Porpoises (all species) are omitted (E.W.) (21.8.2007)

Common name	Scientific name
[F23 Adder (in respect of section 9(5) only)]	[F23 Vipera berus]
[F24 Allis Shad (in respect of section 9(1) and (4)(a) only)]	[F24 Alosa alosa]
[F25 Anemone, Ivell’s Sea]	[F25 Edwardsia ivelli]
[F25 Anemone, Startlet Sea]	[F25 Nematosella vectensis]
[F25 Apus]	[F25 Triops cancriformis]
Bats, Horseshoe (all species [F26 but in respect of section 9(4)(b) and (c) and (5) only])	Rhinolophidae
Bats, Typical (all species [F27 but in respect of section 9(4)(b) and (c) and (5) only])	Vespertilionidae
[F28 Beetle]	[F28 Graphoderus zonatus]
[F28 Beetle]	[F28 Hypebaeus flavipes]
[F28 Beetle]	[F28 Paracymus aeneus]
[F28 Beetle, Lesser Silver Water]	[F28 Hydrochara caraboides]
[F28 Beetle, Mire Pill (in respect of section 9(4)(a) only)]	[F28 Curimopsis nigrita]
Beetle, Rainbow Leaf	Chrysolina cerealis
[F29 Beetle, Stag (in respect of section 9(5) only)]	[F29 Lucanus cervus]
[F25 Beetle, Violet Click]	[F25 Limoniscus violaceus]
Burbot	Lota lota
. . . F30	. . . F30
[F31 Butterfly, Northern Brown Argus]	[F31 Aricia artaxerxes]
[F31 Butterfly, Adonis Blue]	[F31 Lysandra bellargus]
[F31 Butterfly, Chalkhill Blue]	[F31 Lysandra coridon]
[F31 Butterfly, Silver-studded Blue]	[F31 Plebejus argus]
[F31 Butterfly, Small Blue]	[F31 Cupido minimus]
[F24 Butterfly, Large Copper]	[F24 Lycaena dispar]
[F31 Butterfly, Purple Emperor]	[F31 Apatura iris]
[F31 Butterfly, Duke of Burgandy Fritillary]	[F31 Hamearis lucina]
[F31 Butterfly, Glanville Fritillary]	[F31 Melitaea cinxia]
Butterfly, Heath Fritillary	Mellicta athalia (otherwise known as Melitaea athalia)
[F32 Butterfly, High Brown Fritillary]	[F32 Argynnis adippe]
[F24 Butterfly, Marsh Fritillary]	[F24 Eurodryas aurinia]
[F31 Butterfly, Pearl-bordered Fritillary]	[F31 Boloria euphrosyne]
[F31 Butterfly, Black Hairstreak]	[F31 Strymonidia pruni]
[F31 Butterfly, Brown Hairstreak]	[F31 Thecla betulae]
[F31 Butterfly, White Letter Hairstreak]	[F31 Stymonida w-album]
[F31 Butterfly, Large Heath]	[F31 Coenonympha tullia]
Butterfly, Large Blue[F33 (in respect of section 9(4)(b) and (c) and (5) only)]	Maculinea arion
[F31 Butterfly, Mountain Ringlet]	[F31 Erebia epiphron]
. . . F30	. . . F30
[F31 Butterfly, Chequered Skipper]	[F31 Carterocephalus palaemon]
[F31 Butterfly, Lulworth Skipper]	[F31 Thymelicus acteon]
[F31 Butterfly, Silver Spotted Skipper]	[F31 Hesperia comma]
Butterfly, Swallowtail	Papilio machaon
[F31 Butterfly, Large tortoiseshell]	[F31 Nymphalis polychloros]
[F31 Butterfly, Wood White]	[F31 Leptidea sinapis]
[F25 Cat, Wild][F33 (in respect of section 9(4)(b) and (c) and (5) only)]	[F25 Felis silverstris]
[F25 Cicada, New Forest]	[F25 Cicadetta montana]
[F34 Crayfish, Atlantic Stream]	[F34 Austropotamobius pallipes]
Cricket, Field	Gryllus campestris
Cricket, Mole	Gryllotalpa gryllotalpa
[F29 Dameselfly, Southern]	[F29 Coenagrion mercuriale]
F35 . . .	F35 . . .
F35 . . .	F35 . . .
[F36 “Dolphins (all species but in respect of section 9(4A) and (5) only)	Cetacea”]
[F25 Dormouse][F33 (in respect of section 9(4)(b) and (c) and (5) only)]	[F25 Muscardinus avellanarius]
Dragonfly, Norfolk Aeshna	Aeshna isosceles
Frog, Common (in respect of section 9(5) only)	Rana temporaria
[F37 Frog, Pool (Northern Clade) (in respect of section 9(4)(b) and (c)(1) only and with respect to England only)]	[F37 Pelophylax lessonae]
[F29 Goby, Couch’s]	[F29 Gobius couchii]
[F29 Goby, Giant]	[F29 Gobius cobitis]
Grasshopper, Wart-biter	Decticus verrucivorus
[F28 Hatchet Shell, Northern]	[F28 Thyasira gouldi]
[F29 Hydroid, Marine]	[F29 Clavopsella navis]
F38 . . .	F38 . . .
[F28 Lagoon Snail, De Folin’s]	[F28 Caecum armoricum]
[F28 Lagoon Worm, Tentacled [F39 (in respect of section 9(4)(a) only)]]	[F28 Alkmaria romijni]
[F25 Leech, Medicinal]	[F25 Hirudo medicinalis]
Lizard, Sand[F33 (in respect of section 9(4)(b) and (c) and (5) only)]	Lacerta agilis
[F40 Lizard, Viviparous (in respect of section 9(5) only)]	[F40 Lacerta vivipara]
[F25 Marten, Pine]	[F25 Martes martes]
[F25 Mat. Trembling Sea]	[F25 Victorella pavida]
Moth, Barberry Carpet	Pareulype berberata
Moth, Black-veined	Siona lineata (otherwise known as Idaea lineata)
F38 . . .	F38 . . .
[F29 Moth, Fiery Clearwing]	[F29 Bembecia chrysidiformis]
[F29 Moth, Fisher’s Estuarine][F41 (in respect of section 9(4)(b) and (c) and (5) only)]	[F29 Gortyna borelii]
Moth, New Forest Burnet	Zygaena viciae
Moth, Reddish Buff	Acosmetia caliginosa
[F37 Moth, Slender Scotch Burnet (in respect of section 9(5) only)]	[F37 Zygaena loti subspecies scotica]
[F28 Moth, Sussex Emerald]	[F28 Thalera fimbrialis]
[F37 Moth, Talisker Burnet (in respect of section 9(5) only)]	[F37 Zygaena lonicerae subspecies jocelynae]
F42 . . .	F42 . . .
[F29 Mussel, Fan (in respect of section 9(1), (2) and (5) only)]	[F29 Atrina fragilis]
[F43 Mussel, Freshwater Pearl]	[F43 Margaritifera margaritifera]
[F44 Newt, Great Crested or Warty (in respect of section 9(4)(b) and (c) and (5) only)]	Triturus cristatus
Newt, Palmate (in respect of section 9(5) only)	Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)	Triturus vulgaris
Otter, Common[F33 (in respect of section 9(4)(b) and (c) and (5) only)]	Lutra lutra
F35 . . .	F35 . . .
[F45 “Porpoises (all species but in respect of section 9(5) only)	Cetacea”]
[F25 Sandworm, Lagoon]	[F25 Armandia cirrhosa]
[F28 Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only]	[F28 Eunicella verrucosa]
[F46 Seahorse, Short Snouted (with respect to England [F47 and Wales]only)]	[F46 Hippocampus hippocampus]
[F46 Seahorse, Spiny (with respect to England [F48 and Wales]only)]	[F46 Hippocampus guttulatus]
[F28 Sea Slug, Lagoon]	[F28 Tenellia adspersa]
[F29 Shad, Twaite (in respect of [F49 section 9(1) and (4)(a)]only)]	[F29 Alosa fallax]
[F46 Shark, Angel [F50 (in respect of section 9(1), (2) and (5) only)]]	[F46 Squatina squatina]
[F29 Shark, Basking]	[F29 Cetorhinus maximus]
[F25 Shrimp, Fairy]	[F25 Chirocephalus diaphanus]
[F25 Shrimp, Lagoon Sand [F51 (in respect of section 9(4)(a) only)]]	[F25 Gammarus insensiblis]
[F37 Skate, White (in respect of section 9(1), (2) and (5) only)]	[F37 Rostroraja alba]
[F40 Slow-worm (in respect of section 9(5) only)]	[F40 Anguis fragilis]
F30 . . .	F30 . . .
Snail, Glutinous	Myxas glutinosa
[F46 Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England [F52 and Wales]only)]	[F46 Helix pomatia]
Snail, Sandbowl	Catinella arenaria
[F40 Snake, Grass (in respect of section 9(5) only)]	[F40 Natrix helvetica (also known as Natrix natrix)]
Snake, Smooth[F33 (in respect of section 9(4)(b) and (c) and (5) only)]	Coronella austriaca
Spider, Fen Raft	Dolomedes plantarius
Spider, Ladybird	Eresus niger
Squirrel, Red	Sciurus vulgaris
[F28 Sturgeon][F33 (in respect of section 9(4)(b) and (c) and (5) only)]	[F28 Acipenser sturio]
Toad, Common (in respect of section 9(5) only)	Bufo bufo
Toad, Natterjack[F33 (in respect of section 9(4)(b) and (c) and (5) only)]	Bufo calamita
[F53 “Turtle, Flatback	Natator depressus”]
[F54 Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only)	Chelonia mydas]
[F55 Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only)	Eretmochelys imbricata]
[F56 Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only)	Lepidochelys kempii]
[F57 Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only)	Dermochelys coriacea]
[F58 Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only)	Caretta caretta]
[F59 Turtle, Olive Ridley	Lepidochelys olivacea]
F60 . . .	F60 . . .
[F25 Vendace]	[F25 Coregonus albula]
[F29 Vole, Water F61 . . . ]	[F29 Arvicola terrestris]
[F25 Walrus]	[F25 Odebenus rosmarus]
[F25 Whale (all species)][F62 but in respect of section 9(4A) and (5) only]	[F25 Cetacea]
[F25 Whitefish]	[F25 Coregonus lavaretus]

Textual Amendments

F23 By virtue of S.I. 1991/367 , art. 2(1) entry is further listed in respect of section 9(1) so far as it relates to killing and injuring

F24 By virtue of S.I. 1998/878 , art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F25 Entry added as provided by S.I. 1988/288 , art. 2(1)

F26 Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(b)

F27 Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(c)

F28 Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350 , art. 2(1)

F29 Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878 , art. 2(1)

F30 Entry removed from Schedule as provided by S.I. 1988/288 , art. 2(5)

F31 Entry added (in respect of s. 9(5) only) by S.I. 1989/906 , art. 2

F32 Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350 , art. 2(2)

F33 Sch. 5 : words in entries inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(a)

F34 Entry added (only in respect of s. 9(1) so far as it relates to taking and in respect of s. 9(5)) by S.I. 1988/288 , art. 2(3)

F35 Sch. 5 : entries relating to dolphins or porpoises omitted (21.7.2007) by virtue of The Conservation (Natural Habitats &c. ) (Amendment) Regulations 2007 (S.I. 2007/1843) , art. 7(7)(g)

F36 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(h)

F37 Entries in Sch. 5 inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(2) , Sch. 1

F38 Entries in Sch. 5 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(3) , Sch. 2

F39 Words in Sch. 5 entry inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(4)

F40 By S. I. 1988/288 , art. 2(4) entry (which is already listed in respect of section 9(5) only) is further listed in respect of s. 9(1) so far as it relates to killing and injuring

F41 Sch. 5 : words inserted (E.W.) (1.10.2008) by The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2008 (S.I. 2008/2127) , reg. 4

F42 Entry in Sch. 5 (which was added as provided by S.I. 1988/288 , art. 2(1) ) removed (16.4.1998) by S.I. 1998/878 , art. 2(3)

F43 By virtue of S.I. 1998/878 , art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

F44 Sch. 5 : words in entry substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(d)

F45 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F46 Sch. 5 : entries inserted (E.W.) (6.4.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008 (S.I. 2008/431) , art. 2 , Sch.

F47 Sch. 5 : words in entry relating to "Seahorse, Short Snouted" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(a)

F48 Sch. 5 : words in entry relating to "Seahorse, Spiny" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(b)

F49 Words in Sch. 5 entry substituted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(5)

F50 Words in Sch. 5 entry substituted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(6)

F51 Words in Sch. 5 entry inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(7)

F52 Sch. 5 : words in entry relating to "Snail, Roman" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(d)

F53 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F54 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F55 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F56 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F57 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F58 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F59 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F60 Sch. 5 : entry of “Turtles, Marine (all species)” and “Dermochelyidae and Cheloniidae” omitted (E.W.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(e)

F61 Sch. 5 : words in entry relating to "Vole, Water" omitted (E.W.) (12.8.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(e)

F62 Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(f)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

[F63 NOTE 2. F64 ...]

Textual Amendments

F63 Sch. 5 : Note 2 inserted (E.W.) (6.4.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008 (S.I. 2008/431) , art. 2(c)

F64 Sch. 5 Note 2 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(8)

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F22 By S.I. 1988/288 , art. 2(2) it is provided that all Dolphins (Cetacea) and all Porpoises (Cetacea) not already listed in Schedule 5 are added to that Schedule and by S.I. 2007/1843 , reg. 7(7)(g) it is provided that said Dolphins (all species) and Porpoises (all species) are omitted (E.W.) (21.8.2007)

Sections 9, 10, 22 and 24.

SCHEDULE 5 S Animals which are Protected [F142 under Section 9]

Extent Information

E4 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F142 Words in Sch. 5 heading added (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(4), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)

Modifications etc. (not altering text)

C1 By S.I. 1988/288 , art. 2(2) it is provided that all Dolphins (Cetacea) and all Porpoises (Cetacea) not already listed in Schedule 5 are added to that Schedule and by S.S.I. 2007/80 , reg. 28 it is provided that said Dolphins (all species) and Porpoises (all species) are removed (S.) (15.2.2007)

Common name	Scientific name
[F23 Adder (in respect of section 9(5) only)]	[F23 Vipera berus]
[F24 Allis Shad (in respect of section 9(1) and (4)(a) only)]	[F24 Alosa alosa]
[F25 Anemone, Ivell’s Sea]	[F25 Edwardsia ivelli]
[F25 Anemone, Startlet Sea]	[F25 Nematosella vectensis]
[F25 Apus]	[F25 Triops cancriformis]
F143 . . .	F143 . . .
F143 . . .	F143 . . .
[F28 Beetle]	[F28 Graphoderus zonatus]
[F28 Beetle]	[F28 Hypebaeus flavipes]
[F28 Beetle]	[F28 Paracymus aeneus]
[F28 Beetle, Lesser Silver Water]	[F28 Hydrochara caraboides]
[F28 Beetle, Mire Pill (in respect of section 9(4)(a) only)]	[F28 Curimopsis nigrita]
Beetle, Rainbow Leaf	Chrysolina cerealis
[F29 Beetle, Stag (in respect of section 9(5) only)]	[F29 Lucanus cervus]
[F25 Beetle, Violet Click]	[F25 Limoniscus violaceus]
Burbot	Lota lota
. . . F30	. . . F30
[F31 Butterfly, Northern Brown Argus]	[F31 Aricia artaxerxes]
[F31 Butterfly, Adonis Blue]	[F31 Lysandra bellargus]
[F31 Butterfly, Chalkhill Blue]	[F31 Lysandra coridon]
[F31 Butterfly, Silver-studded Blue]	[F31 Plebejus argus]
[F31 Butterfly, Small Blue]	[F31 Cupido minimus]
[F24 Butterfly, Large Copper]	[F24 Lycaena dispar]
[F31 Butterfly, Purple Emperor]	[F31 Apatura iris]
[F31 Butterfly, Duke of Burgandy Fritillary]	[F31 Hamearis lucina]
[F31 Butterfly, Glanville Fritillary]	[F31 Melitaea cinxia]
Butterfly, Heath Fritillary	Mellicta athalia (otherwise known as Melitaea athalia)
[F32 Butterfly, High Brown Fritillary]	[F32 Argynnis adippe]
[F24 Butterfly, Marsh Fritillary]	[F24 Eurodryas aurinia]
[F31 Butterfly, Pearl-bordered Fritillary]	[F31 Boloria euphrosyne]
[F31 Butterfly, Black Hairstreak]	[F31 Strymonidia pruni]
[F31 Butterfly, Brown Hairstreak]	[F31 Thecla betulae]
[F31 Butterfly, White Letter Hairstreak]	[F31 Stymonida w-album]
[F31 Butterfly, Large Heath]	[F31 Coenonympha tullia]
F143 . . .	F143 . . .
[F31 Butterfly, Mountain Ringlet]	[F31 Erebia epiphron]
. . . F30	. . . F30
[F31 Butterfly, Chequered Skipper]	[F31 Carterocephalus palaemon]
[F31 Butterfly, Lulworth Skipper]	[F31 Thymelicus acteon]
[F31 Butterfly, Silver Spotted Skipper]	[F31 Hesperia comma]
Butterfly, Swallowtail	Papilio machaon
[F31 Butterfly, Large tortoiseshell]	[F31 Nymphalis polychloros]
[F31 Butterfly, Wood White]	[F31 Leptidea sinapis]
F143 . . .	F143 . . .
[F25 Cicada, New Forest]	[F25 Cicadetta montana]
[F34 Crayfish, Atlantic Stream]	[F34 Austropotamobius pallipes]
Cricket, Field	Gryllus campestris
Cricket, Mole	Gryllotalpa gryllotalpa
[F29 Dameselfly, Southern]	[F29 Coenagrion mercuriale]
Dolphin, Bottle-nosed	Tursiops truncatus (otherwise known as Tursiops tursio)
Dolphin, Common	Delphinus delphis
F143 . . .	F143 . . .
Dragonfly, Norfolk Aeshna	Aeshna isosceles
Frog, Common (in respect of section 9(5) only)	Rana temporaria
[F29 Goby, Couch’s]	[F29 Gobius couchii]
[F29 Goby, Giant]	[F29 Gobius cobitis]
Grasshopper, Wart-biter	Decticus verrucivorus
[F28 Hatchet Shell, Northern]	[F28 Thyasira gouldi]
[F29 Hydroid, Marine]	[F29 Clavopsella navis]
[F28 Lagoon Snail]	[F28 Paludinella littorina]
[F28 Lagoon Snail, De Folin’s]	[F28 Caecum armoricum]
[F28 Lagoon Worm, Tentacled]	[F28 Alkmaria romijni]
[F25 Leech, Medicinal]	[F25 Hirudo medicinalis]
F143 . . .	F143 . . .
[F40 Lizard, Viviparous (in respect of section 9(5) only)]	[F40 Lacerta vivipara]
[F25 Marten, Pine]	[F25 Martes martes]
[F25 Mat. Trembling Sea]	[F25 Victorella pavida]
Moth, Barberry Carpet	Pareulype berberata
Moth, Black-veined	Siona lineata (otherwise known as Idaea lineata)
Moth, Essex Emerald	Thetidia smaragdaria
[F29 Moth, Fiery Clearwing]	[F29 Bembecia chrysidiformis]
[F29 Moth, Fisher’s Estuarine]	[F29 Gortyna borelii]
Moth, New Forest Burnet	Zygaena viciae
Moth, Reddish Buff	Acosmetia caliginosa
[F28 Moth, Sussex Emerald]	[F28 Thalera fimbrialis]
F42 . . .	F42 . . .
[F29 Mussel, Fan (in respect of section 9(1), (2) and (5) only)]	[F29 Atrina fragilis]
[F43 Mussel, Freshwater Pearl]	[F43 Margaritifera margaritifera]
F143 . . .	F143 . . .
Newt, Palmate (in respect of section 9(5) only)	Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)	Triturus vulgaris
F143 . . .	F143 . . .
Porpoise, Harbour (otherwise known as Common porpoise)	Phocaena phocaena
[F25 Sandworm, Lagoon]	[F25 Armandia cirrhosa]
[F28 Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only]	[F28 Eunicella verrucosa]
[F28 Sea Slug, Lagoon]	[F28 Tenellia adspersa]
[F29 Shad, Twaite (in respect of section 9(4)(a) only)]	[F29 Alosa fallax]
[F29 Shark, Basking]	[F29 Cetorhinus maximus]
[F25 Shrimp, Fairy]	[F25 Chirocephalus diaphanus]
[F25 Shrimp, Lagoon Sand]	[F25 Gammarus insensiblis]
[F40 Slow-worm (in respect of section 9(5) only)]	[F40 Anguis fragilis]
F30 . . .	F30 . . .
Snail, Glutinous	Myxas glutinosa
Snail, Sandbowl	Catinella arenaria
[F40 Snake, Grass (in respect of section 9(5) only)]	[F40 Natrix helvetica (also known as Natrix natrix)]
F143 . . .	F143 . . .
Spider, Fen Raft	Dolomedes plantarius
Spider, Ladybird	Eresus niger
Squirrel, Red	Sciurus vulgaris
F143 . . .	F143 . . .
Toad, Common (in respect of section 9(5) only)	Bufo bufo
F143 . . .	F143 . . .
F143 . . .	F143 . . .
[F25 Vendace]	[F25 Coregonus albula]
[F29 Vole, Water (in respect of section 9(4) only)]	[F29 Arvicola terrestris]
[F25 Walrus]	[F25 Odebenus rosmarus]
F143 . . .	F143 . . .
[F25 Whitefish]	[F25 Coregonus lavaretus]

Textual Amendments

F23 By virtue of S.I. 1991/367 , art. 2(1) entry is further listed in respect of section 9(1) so far as it relates to killing and injuring

F24 By virtue of S.I. 1998/878 , art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F25 Entry added as provided by S.I. 1988/288 , art. 2(1)

F28 Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350 , art. 2(1)

F29 Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878 , art. 2(1)

F30 Entry removed from Schedule as provided by S.I. 1988/288 , art. 2(5)

F31 Entry added (in respect of s. 9(5) only) by S.I. 1989/906 , art. 2

F32 Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350 , art. 2(2)

F34 Entry added (only in respect of s. 9(1) so far as it relates to taking and in respect of s. 9(5)) by S.I. 1988/288 , art. 2(3)

F40 By S. I. 1988/288 , art. 2(4) entry (which is already listed in respect of section 9(5) only) is further listed in respect of s. 9(1) so far as it relates to killing and injuring

F42 Entry in Sch. 5 (which was added as provided by S.I. 1988/288 , art. 2(1) ) removed (16.4.1998) by S.I. 1998/878 , art. 2(3)

F43 By virtue of S.I. 1998/878 , art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

F143 Sch. 5 : entries removed (S.) (15.2.2007) by The Conservation (Natural Habitats,  & c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80) , reg. 28

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

(introduced by sections 10A and 22)

[F65 SCHEDULE 5A S Animals which are Protected under Section 10A in their Close Season

Textual Amendments

F65 Sch. 5A inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 6(5) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(d)

Common name	Scientific name
Hare, mountain	Lepus timidus
Hare, brown	Lepus europaeus]

Sections 11 and 22.

SCHEDULE 6 E+W+S Animals which may not be Killed or Taken by Certain Methods

Common name	Scientific name
Badger	Meles meles
[F66 Bats, Horseshoe (all species)	Rinolophidae]
[F66 Bats, Typical (all species)	Vespertilionidae]
[F66 Cat, Wild	Felis silvestris]
[F66 Dolphin, Bottle-nosed	Tursiops truncatus (otherwise known as Tursiops tursio)]
[F66 Dolphin, Common	Delphinis delphis]
[F66 Dormice (all species)	Gliridae]
Hedgehog	Erinaceus europaeus
[F66 Marten, Pine	Martes martes]
[F66 Otter, Common	Lutra lutra]
[F66 Polecat	Mustela putorius]
[F66 Porpoise, Harbour (otherwise known as Common porpoise)	Phocaena phocaena]
Shrews (all species)	Soricidae
Squirrel, Red	Sciurus vulgaris

Textual Amendments

F66 Entries in Sch. 6 repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 19 , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(k)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

(introduced by sections 11G and 22)

[F67 SCHEDULE 6A S Animals not to be Poached

Textual Amendments

F67 Sch. 6A inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 7(4) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(e)

Common name	Scientific name
Hare, mountain	Lepus timidus
Hare, brown	Lepus europaeus
Rabbit	Oryctolagus cuniculus]

SCHEDULE 7 E+W+S [F68 Protection of Certain Mammals] [F68 Amendment of Acts In Relation To Night Shooting of Hares and Rabbits]

Textual Amendments

F68 Sch. 7 heading substituted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)

The Ground Game Act 1880 E+W+S

1 (1) Notwithstanding the provisions of section 6 of the M1 Ground Game Act 1880, it shall not be unlawful for the occupier of any land himself, or one other person authorised by him under section 1 of that Act, to use firearms for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise if (except where he has the exclusive right) the occupier has the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land. E+W+S

(2) In this paragraph “ ground game ” means hares and rabbits.

Marginal Citations

M1 1880 c. 47 .

The Agriculture (Scotland) Act 1948 E+W+S

2 (1) Notwithstanding the provisions of section 50(1)(a) of the M2 Agriculture (Scotland) Act 1948, it shall not be unlawful for the owner of the shooting rights on any land or any person holding those rights from him, or subject to sub-paragraph (2) below the occupier of any land, to use a firearm for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise. E+W+S

(2) The occupier of any land shall not use a firearm as mentioned in sub-paragraph (1) above unless (except where he has the exclusive right) he has first obtained the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.

(3) An occupier who is entitled, in terms of this paragraph, to use a firearm for the purpose of killing ground game may, subject to the provisions of section 1 of the Ground Game Act 1880, authorise one other person so to use a firearm.

(4) In this paragraph “ ground game ” means hares and rabbits.

Marginal Citations

M2 1948 c. 45 .

The Dogs (Protection of Livestock) Act 1953 E+W+S

X1 3 (1) At the end of subsection (2) of section 1 of the M3 Dogs (Protection of Livestock) Act 1953 (penalty where dog worries livestock on agricultural land) there shall be inserted the words “or E+W+S

(c) being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep”.

(2) After that subsection there shall be inserted the following subsection—

“(2A) Subsection (2)(c) of this section shall not apply in relation to—

(a) a dog owned by, or in charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either of those persons ; or

(b) a police dog, a guide dog, a trained sheep dog, a working gun dog or a pack of hounds.”

Editorial Information

X1 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M3 1953 c. 28 .

The Deer Act 1963 E+W+S

X2 [F69 4 S For subsection (3) of section 10 of the M4 Deer Act 1963 (general exceptions) there shall be substituted the following subsections—

“(3) A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of any smooth-bore gun for the purpose of killing any deer if he shows that the deer had been so seriously injured otherwise than by his unlawful act or was in such a condition that to kill it was an act of mercy.

(4) A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use as a slaughtering instrument, for the purpose of killing any deer, of a smooth-bore gun which—

(a) is of not less gauge than 12 bore ;

(b) has a barrel less than 24 inches (609.6 millimetres) in length ; and

(c) is loaded with a cartridge purporting to contain shot none of which is less than .203 inches (5.16 millimetres) in diameter (that is to say, size AAA or any larger size).”]

Editorial Information

X2 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F69 Sch. 7 para. 4 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3) , ss. 17(6) , 18(3) , Sch.4 .

Marginal Citations

M4 1963 c. 36 .

X3 [F70 5 (1) After section 10 of that Act there shall be inserted the following section— S

10A “ Exceptions for authorised persons.

(1) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of—

(a) the taking of killing of any deer by means of shooting ; or

(b) the injuring of any deer by means of shooting in an attempt to take or kill it,

on any cultivated land, pasture or enclosed woodland.

(2) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of—

(a) the taking or killing of any deer by means of shooting ; or

(b) the injuring of any deer by means of shooting in an attempt to take or kill it,

on any cultivated land, pasture or enclosed woodland.

(2) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use, for the purpose of taking or killing any deer on any land, of any smooth-bore gun of not less guage than 12 bore which is loaded with—

(a) a cartridge containing a single non-spherical projectile weighing not less than 350 grains (22.68 grammes) ; or

(b) a cartridge purporting to contain shot each of which is .203 inches (5.16 millimetres) in diameter (that is to say, size AAA).

(3) An authorised person shall not be entitled to rely on the defence provided by subsection (1) or (2) of this section as respects anything done in relation to any deer on any land unless he shows that—

(a) he had reasonable grounds for believing that caused, damage to crops, vegetables, fruit, growing timber or any other form of property on the land ;

(b) it was likely that further damage would be so caused and any such damage was likely to be serious ; and

(c) his action was necessary for the purpose of preventing any such damage.

(4) The Secretary of State and the agriculture Minister acting jointly may by order, either generally or in relation to any area or any species and description of deer specified in the order, repeal subsection (2) of this section or amend it by adding any firearm or ammunition or by altering the description of, or deleting, any firearm or ammunition mentioned in it, or by adding any further conditions which must be satisfied.

(5) Before making an order under subsection (4) of this section, the Secretary of State and the agriculture Minister shall consult organisations that appear to them to represent persons likely to be interested in or affected by the order.

(6) In this section—

“ agriculture Minister ” means the Minister of Agriculture Fisheries and Food in relation to England and the Secretary of State for Wales in relation to Wales ;

“ authorised person ”means—

(a) the occupier of the land on which the action is taken ;

(b) any member of the occupier’s household normally resident on the occupier’s land, acting with the written authority of the occupier ;

(c) any person in the ordinary service of the occupier on the occupier’s land, acting with the written authority of the occupier ; or

(d) any person having the right to take or kill deer on the land on which the action is taken or any person acting with the written authority of a person having that right.”

(2) In sections 1(1) and 3(1) of that Act for the words “sections 10 and 11” there shall be substituted the words “sections 10, 10A and 11”.

(3) For subsection (1) of section 12 of that Act (orders) there shall be substituted the following subsections—

“(1) Any power to make orders under this Act shall be exercisable by statutory instrument.

(1A) A statutory instrument containing an order under section 1(2) or 3(4) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(1B) No order under section 10A(4) of this Act shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.”]

Editorial Information

X3 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F70 Sch. 7 para. 5 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3) , ss. 17(6) , 18(3) , Sch.4 .

X4 [F71 6 (1) In paragraph 1 of Schedule 2 to that Act (prohibited firearms and ammunition) the words “of less guage than 12 bore” shall be omitted. S

(2) In paragraph 4 of that Schedule the words from “other than” onwards shall be omitted.]

Editorial Information

X4 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F71 Sch. 7 para. 6 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3) , ss. 17(6) , 18(3) , Sch.4 .

The Conservation of Seals Act 1970 E+W+S

X5 7 (1) In subsection (1)(c) of section 10 of the M5 Conservation of Seals Act 1970 (power to grant licences), the word “or” immediately following sub-paragraph (ii) shall be omitted and after sub-paragraph (iii) there shall be inserted the words “or E+W+S

(iv) the protection of flora or fauna in an area to which subsection (4) of this section applies,”.

(2) In subsection (3)(b) of that section for the words from “a nature reserve” onwards there shall substituted the words “an area to which subsection (4) of this section applies”.

(3) After subsection (3) of that section there shall be inserted the following subsection—

“(4) This subsection applies to any area which—

(a) is a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 ;

(b) has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest) ;

(c) is an area to which section 29(3) of that Act (special protection for certain areas of special scientific interest) applies ; or

(d) has been designated as a marine nature reserve under section 36 of that Act.”

Editorial Information

X5 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M5 1970 c. 30 .

The Badgers Act 1973 E+W+S

F72 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Sch. 7 para. 8 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F73 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73 Sch. 7 para. 9 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F74 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 Sch. 7 para. 10 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F75 11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75 Sch. 7 para. 11 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F76 12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Sch. 7 para. 12 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

Sections 13, 22 and 24.

SCHEDULE 8 E+W+S Plants which are Protected

Common name	Scientific name
[F77 Adder’s-tongue, Least]	[F77 Ophioglossum lusitanicum]
Alison, Small	Alyssum alyssoides
[F78 Anomodon, Long-leaved]	[F78 Anomodon longifolius]
[F78 Beech-lichen, New Forest]	[F78 Enterographa elaborata]
[F79 Blackwort]	[F79 Southbya nigrella]
[F78 Bluebell (in respect of section 13(2) only)]	[F78 Hyacinthoides non-scripta]
[F78 Bolete, Royal]	[F78 Boletus regius]
Broomrape, Bedstraw	Orobanche caryophyllacea
Broomrape, Oxtongue	Orobanche loricata
Broomrape, Thistle	Orobanche reticulata
[F77 Cabbage, Lundy]	[F77 Rhynchosinapis wrightii]
Calamint, Wood	Calamintha sylvatica
[F79 Caloplaca, Snow]	[F79 Caloplaca nivalis]
[F79 Catapyrenium, Tree]	[F79 Catapyrenium psoromoides]
Catchfly, Alpine	Lychnis alpina
[F79 Catillaria, Laurer’s]	[F79 Catellaria laurei]
[F79 Centaury, Slender]	[F79 Centaurium tenuiflorum]
Cinquefoil, Rock	Potentilla rupestris
[F78 Cladonia, Convoluted]	[F78 Cladonia convoluta]
[F79 Cladonia, Upright Mountain]	[F79 Cladonia stricta]
[F79 Clary, Meadow]	[F79 Salvia pratensis]
Club-rush, Triangular	Scirpus triquetrus
[F77 Colt’s-foot, Purple]	[F77 Homogyne alpina]
Cotoneaster, Wild	Cotoneaster integerrimus
[F77 Cottongrass, Slender]	[F77 Eriophorum gracile]
Cow-wheat, Field	Melampyrum arvense
[F77 Crocus, Sand]	[F77 Romulea columnae]
[F79 Crystalwort, Lizard]	[F79 Riccia bifurca]
[F79 Cudweed, Broad-leaved]	[F79 Filago pryamidata]
Cudweed, Jersey	Gnaphalium luteoalbum
[F77 Cudweed, Red-tipped]	[F77 Filago lutescens]
[F78 Cut-grass]	[F78 Leersia oryzoides]
[F78 Deptford Pink (in respect of England and Wales only)]	[F78 Dianthus armeria]
Diapensia	Diapensia lapponica
[F80 [F79 Dock, Shore] [F81 (in respect of section 13(2) only)]]	[F80 [F79 Rumex rupestris]]
[F79 Earwort, Marsh]	[F79 Jamesoniella undulifolia]
Eryngo, Field	Eryngium campestre
[F78 Feather-moss, Polar]	[F78 Hygrohypnum polare]
Fern, Dickie’s Bladder	Cystopteris dickieana
[F80 Fern, Killarney [F82 (in respect of section 13(2) only)]]	[F80 Trichomanes speciosum]
[F79 Flapwort, Norfolk]	[F79 Leiocolea rutheana]
[F77 Fleabane, Alpine]	[F77 Erigeron borealis]
[F77 Fleabane, Small]	[F77 Pulicaria vulgaris]
[F79 Frostwort, Pointed]	[F79 Gymnomitrion apiculatum]
[F78 Fungus, Hedgehog]	[F78 Hericium erinaceum]
Galingale, Brown	Cyperus fuscus
Gentian, Alpine	Gentiana nivalis
[F79 Gentian, Dune]	[F79 Gentianella uliginosa]
[F80 [F79 Gentian, Early] [F83 (in respect of section 13(2) only)]]	[F80 [F79 Gentianella anglica]]
[F77 Gentian, Fringed]	[F77 Gentianella ciliata]
Gentian, Spring	Gentiana verna
[F77 Germander, Cut-leaved]	[F77 Teucrium botrys]
Germander, Water	Teucrium scordium
Gladiolus, Wild	Gladiolus illyricus
[F78 Goblin Lights]	[F78 Catolechia wahlenbergii]
[F77 Goosefoot, Stinking]	[F77 Chenopodium vulvaria]
[F77 Grass-poly]	[F77 Lythrum hyssopifolia]
[F79 Grimmia, Blunt-leaved]	[F79 Grimmia unicolor]
[F79 Gyalecta, Elm]	[F79 Gyalecta ulmi]
Hare’s-ear, Sickle-leaved	Bupleurum falcatum
Hare’s-ear, Small	Bupleurum baldense
[F77 Hawk’s-beard, Stinking]	[F77 Crepis foetida]
[F79 Hawkweed, Northroe]	[F79 Hieracium northroense]
[F79 Hawkweed, Shetland]	[F79 Hieracium zetlandicum]
[F79 Hawkweed, Weak-leaved]	[F79 Hieracium attenuatifolium]
Heath, Blue	Phyllodoce caerulea
Helleborine, Red	Cephalanthera rubra
[F84 [F77 Helleborine, Young’s]]	[F84 [F77 Epipactis youngiana]]
[F77 Horsetail, Branched]	[F77 Equisetum ramosissimum]
[F77 Hound’s-tongue, Green]	[F77 Cynoglossum germanicum]
Knawel, Perennial	Scleranthus perennis
Knotgrass, Sea	Polygonum maritimum
[F80 Lady’s-slipper [F85 (in respect of section 13(2) only)]]	[F80 Cypripedium calceolus]
F86 . . .	F86 . . .
F86 . . .	F86 . . .
[F84 [F79 Lecanactis, Churchyard]]	[F84 [F79 Lecanactis hemisphaerica]]
[F79 Lecanora, Tarn]	[F79 Lecanora archariana]
[F79 Lecidea, Copper]	[F79 Lecidea inops]
Leek, Round-headed	Allium sphaerocephalon
Lettuce, Least	Lactuca saligna
[F79 Lichen, Arctic Kidney]	[F79 Nephroma arcticum]
[F79 Lichen, Ciliate Strap]	[F79 Heterodermia leucomelos]
[F79 Lichen, Coralloid Rosette]	[F79 Heterodermia propagulifera]
[F79 Lichen, Ear-lobed Dog]	[F79 Peltigera lepidophora]
[F79 Lichen, Forked Hair]	[F79 Bryoria furcellata]
[F79 Lichen, Golden Hair]	[F79 Teloschistes flavicans]
[F79 Lichen, Orange Fruited Elm]	[F79 Caloplaca luteoalba]
[F79 Lichen, River Jelly]	[F79 Collema dichotomum]
[F79 Lichen, Scaly Breck]	[F79 Squamarina lentigera]
[F79 Lichen, Stary Breck]	[F79 Buellia asterella]
Lily, Snowdon	Lloydia serotina
[F79 Liverwort]	[F79 Petallophyllum ralfsi]
[F79 Liverwort, Lindenberg’s Leafy]	[F79 Adelanthus lindenbergianus]
Marsh-mallow, Rough	Althaea hirsuta
[F80 [F77 Marshwort, Creeping] [F87 (in respect of section 13(2) only)]]	[F80 [F77 Apium repens]]
[F77 Milk-parsley, Cambridge]	[F77 Selinum carvifolia]
[F79 Moss]	[F79 Drepanocladius vernicosus]
[F79 Moss, Alpine Copper]	[F79 Mielichoferia mielichoferi]
[F79 Moss, Baltic Bog]	[F79 Sphagnum balticum]
[F79 Moss, Blue Dew]	[F79 Saelania glaucescens]
[F79 Moss, Blunt-leaved Bristle]	[F79 Orthotrichum obtusifolium]
[F79 Moss, Bright Green Cave	Cyclodictyon laetevirens]
[F79 Moss, Cordate Beard]	[F79 Barbula cordata]
[F79 Moss, Cornish Path]	[F79 Ditrichum cornubicum]
[F79 Moss, Derbyshire Feather]	[F79 Thamnobryum angustifolium]
[F84 [F79 Moss, Dune Thread]]	[F84 [F79 Bryum mamillatum]]
[F78 Moss, Flamingo]	[F78 Desmatodon cernuus]
[F79 Moss, Glaucous Beard]	[F79 Barbula glauca]
[F79 Moss, Green Shield]	[F79 Buxbaumia viridis]
[F79 Moss, Hair Silk]	[F79 Plagiothecium piliferum]
[F79 Moss, Knothole]	[F79 Zygodon forsteri]
[F79 Moss Large Yellow Feather]	[F79 Scorpidium turgescens]
[F79 Moss, Millimetre]	[F79 Micromitrium tenerum]
[F79 Moss, Multifruited River]	[F79 Cryphaea lamyana]
[F79 Moss, Nowell’s Limestone]	[F79 Zygodon gracilis]
[F79 Moss, Rigid Apple]	[F79 Bartramia stricta]
[F79 Moss, Round-leaved Feather]	[F79 Rhynocostegium rotundifolium]
[F79 Moss, Schleicher’s Thread]	[F79 Bryum schleicheri]
[F79 Moss, Triangular Pygmy]	{ F79 Acaulon triquetrum
[F79 Moss, Vaucher’s Feather]	[F79 Hypnum vaucheri]
[F79 Mudwort, Welsh]	[F79 Limosella australis]
[F77 Naiad, Holly-leaved]	[F77 Najas marina]
[F80 [F79 Naiad, Slender] [F88 (in respect of section 13(2) only)]]	[F80 [F79 Najas flexilis]]
[F79 Orache, Stalked]	[F79 Halimione pedunculata]
Orchid, Early Spider	Ophryas sphegodes
[F80 Orchid, Fen [F89 (in respect of section 13(2) only)]]	[F80 Liparis loeselii]
Orchid, Ghost	Epipogium aphyllum
[F79 Orchid, Lapland Marsh]	[F79 Dactylorhiza lapponica]
Orchid, Late Spider	Ophrys fuciflora
Orchid, Lizard	Himantoglossum hircinum
Orchid, Military	Orchis militaris
Orchid, Monkey	Orchis simia
[F79 Pannaria, Caledonia]	[F79 Pannaria ignobilis]
[F79 Parmelia, New Forest]	[F79 Parmelia minarum]
[F79 Parmentaria, Oil Stain]	[F79 Parmentaria chilensis]
Pear, Plymouth	Pyrus cordata
[F79 Penny-cress, Perfoliate]	[F79 Thlaspi perfoliatum]
[F77 Pennyroyal]	[F77 Mentha pulegium]
[F79 Pertusaria, Alpine Moss]	[F79 Pertusaria bryontha]
[F79 Physcia, Southern Grey]	[F79 Physcia tribacioides]
[F77 Pigmyweed]	[F77 Crassula aquatica]
[F79 Pine, Ground]	[F79 Ajuga chamaepitys]
Pink, Cheddar	Dianthus gratianopolitanus
Pink, Childling	Petroraghia nanteuilii
[F80 [F79 Plantain, Floating Water] [F90 (in respect of section 13(2) only)]]	[F80 [F79 Luronium natans]]
[F78 Polypore, Oak]	[F78 Buglossoporus pulvinus]
[F79 Pseudocyphellaria, Ragged]	[F79 Pseudocyphellaria lacerata]
[F79 Psora, Rusty Alpine]	[F79 Psora rubiformis]
[F78 Puffball, Sandy Stilt]	[F78 Battarraea phalloides]
[F77 Ragwort, Fen]	[F77 Senecio paludosus]
[F77 Ramping-fumitory, Martin’s]	[F77 Fumaria martinii]
[F79 Rampion, Spiked]	[F79 Phyteuma spicatum]
[F77 Restharrow, Small]	[F77 Ononis reclinata]
[F77 Rock-cress, Alpine]	[F77 Arabis alpina]
[F77 Rock-cress, Bristol]	[F77 Arabis stricta]
[F91 Rock Nail]	[F91 Calicium corynellum]
[F79 Rustworth, Western]	[F79 Marsupella profunda]
Sandwort, Norwegian	Arenaria norvegica
Sandwort, Teesdale	Minuartia stricta
Saxifrage, Drooping	Saxifraga cernua
[F80 [F79 Saxifrage, Marsh] [F92 (in respect of section 13(2) only)]]	[F80 [F79 Saxifrage hirulus]]
Saxifrage, Tufted	Saxifraga cespitosa
[F79 Solenopsora, Serpentine]	[F79 Solenopsora liparina]
Solomon’s-seal, Whorled	Polygonatum verticillatum
Sow-thistle, Alpine	Cicerbita alpina
Spearwort, Adder’s-tongue	Ranunculus ophioglossifolius
[F77 Speedwell, Fingered]	[F77 Veronica triphyllos]
Speedwell, Spiked	Veronica spicata
F86 . . .	F86 . . .
[F78 Spike-rush, Dwarf]	[F78 Eleocharis parvula]
[F78 Stack Fleawort, South]	[F78 Tephroseris integrifolia (ssp maritima)]
[F77 Star-of-Bethlehem, Early]	[F77 Gagea bohemica]
Starfruit	Damasonium alisma
[F79 Stonewort, Bearded]	[F79 Chara canescens]
[F77 Stonewort, Foxtail]	[F77 Lamprothamnium papulosum]
[F77 Strapwort]	[F77 Corrigiola litoralis]
[F78 Sulphur-tresses, Alpine]	[F78 Alectoria ochroleuca]
[F84 [F78 Threadmoss, Long-leaved]]	[F84 [F78 Bryum neodamense]]
[F91 Tree Lungwort (in respect of section 13(2) only)]	[F91 Lobaria pulmonaria]
[F79 Turpswort]	[F79 Geocalyx graveolens]
Violet, Fen	Viola persicifolia
[F77 Viper’s-grass]	[F77 Scorzonera humilis]
Water-plantain, Ribbon leaved	Alisma gramineum
Wood-sedge, Starved	Carex depauperata
Woodsia, Alpine	Woodsia alpina
Woodsia, Oblong	Woodsia ilvensis
Wormwood, Field	Artemisia campestris
Woundwort, Downy	Stachys germanica
Woundwort, Limestone	Stachys alpina
Yellow-rattle, Greater	Rhinanthus serotinus

Textual Amendments

F77 Entry in Sch. 8 added by S.I. 1988/288, art. 3

F78 Entries in Sch. 8 added (16.4.1998) by S.I. 1998/878, art. 3

F79 Entries in Sch. 8 added (29.10.1992) by S.I. 1992/2350, art. 3(1)

F80 Sch. 8: entries removed (S.) (15.2.2007) by The Conservation (Natural Habitats,  &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), reg. 29

F81 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(a)

F82 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(b)

F83 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(c)

F84 Entries in Sch. 8 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015), arts. 1(b), 3(3), Sch. 4

F85 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(d)

F86 Entries in Sch. 8 removed (29.10.1992) by S.I. 1992/2350, art. 3(2)

F87 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(e)

F88 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(f)

F89 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(g)

F90 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(h)

F91 Entries in Sch. 8 inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015), arts. 1(b), 3(2) ,Sch. 3

F92 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(i)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 14 and 22.

[F93 SCHEDULE 9 E+W+S Animals and Plants to which Section 14 Applies

Textual Amendments

F93 Sch. 9 repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(8), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

Part I E+W+S [F94 NON-NATIVE] Animals which are established in the wild

Textual Amendments

F94 Words in Sch. 9 Pt. I heading inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(2), 57(4); S.I. 2015/481, reg. 2(b)

Common name	Scientific name
Bass, Large-mouthed Black	Micropterus salmoides
Bass, Rock	Ambloplites rupestris
Bitterling	Rhodeus sericeus
[F95 [F96 Boar, Wild]]	[F95 [F96 Sus scrofa]]
F97 . . .	F97 . . .
[F96 Capercaillie]	[F96 Tetrao urogallus]
[F95 [F96 Chough]]	[F95 [F96 Pyrrhocorax pyrrhocorax]]
[F95 [F96 Corncrake]]	[F95 [F96 Crex crex]]
F97 . . .	F97 . . .
[F95 Crab, Chinese Mitten]	[F95 Eriocheir sinensis]
[F98 Crayfish, Noble]	[F98 Astacus astacus]
[F95 [F96 Crane, Common]]	[F95 [F96 Grus grus]]
[F95 Crayfish, Red Swamp]	[F95 Procambarus clarkii]
[F98 Crayfish, Signal]	[F98 Pacifastacus leniusculus]
[F95 Crayfish, Spiny-cheek]	[F95 Orconectes limosus]
[F98 Crayfish, Turkish]	[F98 Astacus leptodactylus]
[F95 Deer, Chinese Water]	[F95 Hydropotes inermis]
[F99 Deer, Muntjac]	[F99 Muntiacus reevesi]
[F98 Deer, Sika]	[F98 Cervus nippon]
[F100 Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer]	[F100 Any hybrid of Cervus nippon]
F97 . . .	F97 . . .
F97 . . .	F97 . . .
Dormouse, Fat	Glis glis
Duck, Carolina Wood	Aix sponsa
Duck, Mandarin	Aix galericulata
Duck, Ruddy	Oxyura jamaicensis
[F96 Eagle, White-tailed]	[F96 Haliaetus albicilla]
[F95 Flatworm]	[F95 Kontikia andersoni]
[F95 Flatworm]	[F95 Kontikia ventrolineata]
[F95 Flatworm, Australian]	[F95 Australoplana sanguinea]
[F98 Flatworm, New Zealand]	[F98 Artiposthia triangulata]
Frog, Edible	Rana esculenta
Frog, European Tree (otherwise known as Common tree frog)	Hyla arborea
Frog, Marsh	Rana ridibunda
F97 . . .	F97 . . .
[F95 Goose, Bar-headed]	[F95 Anser indicus]
[F95 Goose, Barnacle]	[F95 Branta leucopsis]
Goose, Canada	Branta canadensis
Goose, Egyptian	Alopochen aegyptiacus
[F95 Goose, Emperor]	[F95 Anser canagicus]
[F95 Goose, Snow]	[F95 Anser caerulescens]
[F95 [F96 Goshawk]]	[F95 [F96 Accipiter gentilis]]
Heron, Night	Nycticorax nycticorax
[F95 [F96 Kite, Red]]	[F95 [F96 Milvus milvus]]
[F95 Limpet, Slipper]	[F95 Crepidula fornicata]
Lizard, Common Wall	Podarcis muralis
Marmot, Prairie (otherwise known as Prairie dog)	Cynomys
Mink, American	Mustela vison
Newt, Alpine	Triturus alpestris
[F98 Newt, Italian Crested]	[F98 Triturus carnifex]
[F101 [F96 Owl, Barn]]	[F101 [F96 Tyto alba]]
[F95 Owl, Eagle]	[F95 Bubo bubo]
[F95 Oyster Drill, American]	[F95 Urosalpinx cinerea]
[F95 Parakeet, Monk]	[F95 Myiopsitta monachus]
Parakeet, Ring-necked	Psittacula krameri
Partridge, Chukar	Alectoris chukar
Partridge, Rock	Alectoris graeca
Pheasant, Golden	Chrysolophus pictus
Pheasant, Lady Amherst’s	Chrysolophus amherstiae
Pheasant, Reeves’	Syrmaticus reevesii
Pheasant, Silver	Lophura nycthemera
[F95 Pochard, Red-crested]	[F95 Netta rufina]
F97 . . .	F97 . . .
F97 . . .	F97 . . .
Pumpkinseed (otherwise known as Sun-fish or Pond-perch)	Lepomis gibbosus
F97 . . .	F97 . . .
Rat, Black	Rattus rattus
[F95 Shelduck, Ruddy]	[F95 Tadorna ferruginea]
[F98 Snake, Aesculapian]	[F98 Elaphe longissima]
Squirrel, Grey	Sciurus carolinensis
[F95 Swan, Black]	[F95 Cygnus atratus.]
Terrapin, European Pond	Emys orbicularis
Toad, African Clawed	Xenopus laevis
Toad, Midwife	Alytes obstetricans
Toad, Yellow-bellied	Bombina variegata
Wallaby, Red-necked	Macropus rufogriseus
Wels (otherwise known as European catfish)	Silurus glanis
Zander	Stizostedion lucioperca

Textual Amendments

F95 Entries in Sch. 9 Pt. 1 added (E.W.) (6.4.2010) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(2)

F96 Entries in Sch. 9 Pt. I omitted (E.W.) (5.3.2015 for E.) by virtue of Infrastructure Act 2015 (c. 7), ss. 24(3), 57(4); S.I. 2015/481, reg. 2(b)

F97 Entries in Sch. 9 Pt. 1 removed (E.W.) (6.4.2010) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(3)

F98 Entries in Sch. 9 Pt. I added (17.3.1992) by S.I. 1992/320, art. 2.

F99 Entry in Sch. 9 Pt. I added (5.3.1997) by S.I. 1997/226, art. 2

F100 Entries in Sch. 9 Pt. I added (28.4.1999) by S.I. 1999/1002, art. 2

F101 Entry in Sch. 9 Pt. I added (25.11.1992) by S.I. 1992/2674, art. 2.

[F102 PART IA E+W NATIVE ANIMALS

Textual Amendments

F102 Sch. 9 Pt. 1A inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(4), 57(4); S.I. 2015/481, reg. 2(b)

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]
Common name	Scientific name
Capercaillie	Tetrao urogallus
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
Crane, Common	Grus grus
Eagle, White-tailed	Haliaetus albicilla
Goshawk	Accipiter gentilis
Kite, Red	Milvus milvus
Owl, Barn	Tyto alba.

[F103 PART IB E+W ANIMALS NO LONGER NORMALLY PRESENT

Textual Amendments

F103 Sch. 9 Pt. 1B inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(5), 57(4); S.I. 2015/481, reg. 2(b)

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]
Common name	Scientific name
Beaver, Eurasian [F104 (but not in relation to Wales)]	Castor fiber
Boar, Wild	Sus Scrofa.

Textual Amendments

F104 Words in Sch. 9 Pt. 1B omitted (W.) (11.5.2015) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (Wales) Order 2015 (S.I. 2015/1180), arts. 1(2), 2

Part II E+W+S Plants

Common name	Scientific name
[F105 Alexanders, Perfoliate]	[F105 Smyrnium perfoliatum]
[F105 Algae, Red]	[F105 Grateloupia luxurians]
[F105 Archangel, Variegated Yellow]	[F105 Lamiastrum galeobdolon subsp. argentatum]
[F105 Azalea, Yellow]	[F105 Rhododendron luteum]
[F105 Balsam, Himalayan]	[F105 Impatiens glandulifera]
[F105 Cotoneaster]	[F105 Cotoneaster horizontalis]
[F105 Cotoneaster, Entire-leaved]	[F105 Cotoneaster integrifolius]
[F105 Cotoneaster, Himalayan]	[F105 Cotoneaster simonsii]
[F105 Cotoneaster, Hollyberry]	[F105 Cotoneaster bullatus]
[F105 Cotoneaster, Small-leaved]	[F105 Cotoneaster microphyllus]
[F105 Creeper, False Virginia]	[F105 Parthenocissus inserta]
[F105 Creeper, Virginia]	[F105 Parthenocissus quinquefolia]
[F105 Dewplant, Purple]	[F105 Disphyma crassifolium]
[F105 Fanwort]	[F105 Cabomba caroliniana]
[F105 Fern, Water]	[F105 Azolla filiculoides]
[F105 Fig, Hottentot]	[F105 Carpobrotus edulis]
[F105 Garlic, Three-cornered]	[F105 Allium triquetrum]
Hogweed, Giant	Heracleum mantegazzianum
[F105 Hyacinth, water]	[F105 Eichhornia crassipes]
[F106 Kelp, Giant]	[F106 Macrocystis angustifolia]
[F106 Kelp, Giant]	[F106 Macrocystis integrifolia]
[F106 Kelp, Giant]	[F106 Macrocystis laevis]
Kelp, Giant	Macrocystis pyrifera
[F106 Kelp, Japanese]	[F106 Laminaria japonica]
[F105 Knotweed, Giant]	[F105 Fallopia sachalinensis]
[F105 Knotweed, Hybrid]	[F105 Fallopia japonica x Fallopia sachalinensis
[F105 Knotweed, Japanese]	[F105 Fallopia japonica]
[F107 Knotweed, Japanese]	[F107 Polygonum cuspidatum]
[F105 Leek, Few-flowered]	[F105 Allium paradoxum]
[F105 Lettuce, water]	[F105 Pistia stratiotes]
[F105 Montbretia]	[F105 Crocosmia x crocosmiiflora]
[F105 Parrot's-feather]	[F105 Myriophyllum aquaticum]
[F105 Pennywort, Floating]	[F105 Hydrocotyle ranunculoides]
[F105 Potato, Duck]	[F105 Sagittaria latifolia]
[F105 Primrose, Floating Water]	[F105 Ludwigia peploides]
[F105 Primrose, Water]	[F105 Ludwigia grandiflora]
[F105 Primrose, Water]	[F105 Ludwigia uruguayensis]
[F105 Rhododendron]	[F105 Rhododendron ponticum]
[F105 Rhododendron]	[F105 Rhododendron ponticum x Rhododendron maximum]
[F105 Rhubarb, Giant]	[F105 Gunnera tinctoria]
[F105 Rose, Japanese]	[F105 Rosa rugosa]
[F105 Salvinia, Giant]	[F105 Salvinia molesta]
[F105 Seafingers, Green]	[F105 Codium fragile]
[F107 Seafingers, Green]	[F107 Codium fragile tomentosoides]
[F106 Seaweed, Californian Red]	[F106 Pikea californica]
[F106 Seaweed, Hooked Asparagus]	[F106 Asparagopsis armata]
Seaweed, Japanese	Sargassum muticum
[F106 Seaweeds, Laver (except native species)]	[F106 Porphyra spp except -]
	[F106 p. amethystea]
	[F106 p. leucosticta]
	[F106 p. linearis]
	[F106 p. miniata]
	[F106 p. purpurea]
	[F106 p. umbilicalis]
[F105 Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed)]	[F105 Crassula helmsii]
[F106 Wakame]	[F106 Undaria pinnatifida]
[F105 Waterweed, Curly]	[F105 Lagarosiphon major]
[F105 Waterweeds]	[F105 All species of the genus Elodea.]

Textual Amendments

F105 Entries in Sch. 9 Pt. II added (E.W.) (6.4.2010) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(4)

F106 Words in Sch. 9 Pt. II added (17.3.1992) by S.I. 1992/320, art. 3

F107 Entries in Sch. 9 Pt. II removed (E.W.) (6.4.2010) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(5)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]]

Section 14(4A)

[F108 SCHEDULE 9A E+W Species control agreements and orders (England and Wales)

Textual Amendments

F108 Sch. 9A inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(3), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2

PART 1 E+W Overview and interpretation

Overview E+W

1 (1) This Schedule provides for— E+W

(a) species control agreements between environmental authorities and owners of premises, and

(b) species control orders made by environmental authorities,

and for related matters.

(2) A species control agreement or species control order may relate to—

(a) an invasive non-native species of animal or plant, or

(b) a species of animal that is no longer normally present in Great Britain.

This is subject to the other provisions of this Schedule.

(3) The following definitions apply for the purposes of this Schedule.

Definitions relating to species E+W

2 (1) “Species” means any kind of animal or plant. E+W

(2) A species is “invasive” if, uncontrolled, it would be likely to have a significant adverse impact on—

(a) biodiversity,

(b) other environmental interests, or

(c) social or economic interests.

(3) A species is “non-native” if—

(a) it is listed in Part 1 or 2 of Schedule 9, or

(b) in the case of a species of animal, it is a species—

(i) whose natural range does not include any part of Great Britain, and

(ii) which has been introduced into Great Britain or is present in Great Britain because of other human activity.

(4) References to a species being “present” on premises include its being present at any stage in its life-cycle (for example, as eggs or seeds).

(5) A species of animal is “no longer normally present in Great Britain” if—

(a) it is a species listed in Part 1B of Schedule 9, or

(b) it is a species—

(i) whose natural range includes all or any part of Great Britain, and

(ii) which has ceased to be ordinarily resident in, or a regular visitor to, Great Britain in a wild state.

Environmental authorities E+W

3 (1) “Environmental authority”, in relation to premises in England, means— E+W

(a) the Secretary of State,

(b) the Environment Agency,

(c) Natural England, and

(d) the Forestry Commissioners.

(2) “Environmental authority”, in relation to premises in Wales, means—

(a) the Welsh Ministers, and

(b) the Natural Resources Body for Wales.

Owners and dwellings E+W

4 (1) “Owner”, in relation to premises consisting of land, means— E+W

(a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion,

(b) a person in possession under a lease, or

(c) a person who for the time being exercises powers of management or control over the land.

(2) “Dwelling” means a building or structure, or part of a building or structure, occupied wholly or mainly as a dwelling.

Operations E+W

5 (1) “Species control operations” are operations to do one or more of the following— E+W

(a) eradicate a species from premises;

(b) control a species on premises;

(c) prevent a species from returning to premises.

(2) References to “carrying out” operations include arranging for operations to be carried out.

PART 2 E+W Species control agreements

Making of species control agreements E+W

6 (1) An environmental authority may enter into a “species control agreement” with an owner of any premises where the authority considers that there is present on the premises— E+W

(a) an invasive non-native species, or

(b) a species of animal that is no longer normally present in Great Britain.

(2) Under a species control agreement the parties agree to the carrying out of species control operations.

(3) Before entering into a species control agreement with an owner, an environmental authority must be satisfied that—

(a) the provisions of the agreement are proportionate to the objective to be achieved, and

(b) in a case where there is more than one owner, the owner with whom the agreement is entered into is the most appropriate one.

(4) Before entering into a species control agreement relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

(a) the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

(b) the animals on the premises are having a significant adverse impact on—

(i) biodiversity,

(ii) other environmental interests, or

(iii) social or economic interests, and

(c) there is no appropriate alternative way of obviating that impact.

(5) A species control agreement may not be entered into in relation to premises consisting of a dwelling except where the environmental authority is the Secretary of State or the Welsh Ministers.

Content of species control agreements E+W

7 (1) A species control agreement must provide for— E+W

(a) the species control operations to be carried out,

(b) the party who is to carry them out, and

(c) the time by which they are to be carried out.

(2) A species control agreement may contain such supplementary provision as the parties consider appropriate.

(3) That may include provision as to—

(a) how species control operations are to be carried out,

(b) payment to be made by either party to the other, or to another person, in respect of the species control operations to be carried out, or

(c) any species control operations that must not be carried out.

Notice of compliance E+W

8 E+W Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control agreement to carry out species control operations, the authority must give the owner notice to that effect.

Liability E+W

9 E+W An environmental authority is not liable to a person with an interest in the premises, other than the owner with whom a species control agreement is entered into, for anything done by the authority pursuant to the agreement.

PART 3 E+W Species control orders

When a species control order may be made E+W

10 (1) An environmental authority may make a species control order in relation to premises if— E+W

(a) it considers that there is present on the premises—

(i) an invasive non-native species, or

(ii) a species of animal that is no longer normally present in Great Britain, and

(b) any of the following circumstances apply.

(2) The circumstances are—

(a) the environmental authority considers that an owner has failed to comply with a species control agreement entered into with the environmental authority and, having been given notice to that effect and a reasonable opportunity to rectify the failure, has not done so;

(b) the environmental authority has offered to enter into a species control agreement with an owner but—

(i) the owner has refused to enter into any kind of species control agreement, or

(ii) no species control agreement has been entered into in respect of the premises by the end of the period of 42 days beginning with the day after the offer was made and the authority considers it unlikely that the owner will enter any kind of such agreement;

(c) the environmental authority considers that the making of the order is urgently necessary;

(d) the environmental authority has been unable to identify an owner, having—

(i) placed on the premises a conspicuous notice of its desire to enter into a species control agreement, and

(ii) waited for 5 days after the day on which the notice was placed.

(3) Before making a species control order, an environmental authority must be satisfied that the provisions of the order are proportionate to the objective to be achieved.

(4) Before making a species control order relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

(a) the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

(b) the animals on the premises are having a significant adverse impact on—

(i) biodiversity,

(ii) other environmental interests, or

(iii) social or economic interests, and

(c) there is no appropriate alternative way of obviating that impact.

(5) A species control order may not be made in relation to premises consisting of a dwelling except by the Secretary of State or the Welsh Ministers.

What an order must do E+W

11 (1) A species control order under paragraph 10(2)(a) or (b) (failure to comply with or enter into agreement) must contain provision— E+W

(a) requiring the owner specified in that paragraph to carry out species control operations, or

(b) stating that the environmental authority proposes to carry out species control operations,

or both.

(2) A species control order under paragraph 10(2)(c) (emergency) must contain provision—

(a) requiring any owner of the premises specified in the order to carry out species control operations, or

(b) stating that the environmental authority proposes to carry out species control operations,

or both.

(3) A species control order under paragraph 10(2)(d) (no identifiable owner) must contain provision stating that the environmental authority proposes to carry out species control operations.

12 (1) A species control order must— E+W

(a) specify the species to which the order relates,

(b) specify the species control operations to be carried out,

(c) specify the time by which the species control operations must be carried out or (as the case may be) the time by which they are proposed to be carried out by the authority, and

(d) if appropriate, include a map of the premises to which the order relates.

(2) Unless it is made under paragraph 10(2)(c) (emergency), a species control order—

(a) may not require an owner of premises to carry out species control operations, or provide for an environmental authority to carry out species control operations, before the end of the period in which an appeal may be made (as to appeals, see paragraph 16), and

(b) must provide that if an appeal is made within that period, the owner need not carry out the operations, or the environmental authority shall not carry out the operations, before the appeal is withdrawn or finally determined.

What an order may do E+W

13 (1) A species control order may contain provision supplementary to that specified in paragraphs 11 and 12. E+W

(2) That may include provision as to—

(a) how species control operations are to be carried out;

(b) payment to be made by the environmental authority to—

(i) an owner, in respect of the reasonable costs of operations to be carried out by the owner, or

(ii) another person, in respect of the reasonable costs of operations to be carried out by an owner;

(c) payment that an owner must make in respect of the reasonable costs of species control operations to be carried out by the environmental authority;

(d) species control operations that an owner must not carry out;

(e) who will carry out species control operations for the environmental authority.

Notice E+W

14 (1) After making a species control order, an environmental authority must forthwith give notice of it to— E+W

(a) all owners of the premises of whom the environmental authority is aware,

(b) the Secretary of State, if the environmental authority is the Environment Agency, Natural England or the Forestry Commissioners, and

(c) the Welsh Ministers, if the environmental authority is the Natural Resources Body for Wales.

(2) In the case of an order under paragraph 10(2)(d) (no identifiable owner), the environmental authority must also give notice of the order by placing it on the premises conspicuously.

(3) Notice under this paragraph must include—

(a) reasons for making the species control order, and

(b) reasons for any requirement imposed by it on an owner.

Revocation E+W

15 (1) An environmental authority may at any time revoke a species control order made by it. E+W

(2) Notice of revocation must be given as specified in paragraph 14 (but reasons need not be given).

Appeals E+W

16 (1) An owner of premises in relation to which a species control order is made may appeal to the First-tier Tribunal against— E+W

(a) the making of the order, or

(b) any provision of the order.

(2) The First-tier Tribunal may—

(a) affirm the order,

(b) direct the environmental authority which made the order to revoke or amend it,

(c) in the case of an order under paragraph 10(2)(c) (emergency), suspend the order, or

(d) make such other order as the Tribunal thinks fit.

Notice of compliance E+W

17 E+W Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control order to carry out species control operations, the authority must give the owner notice to that effect.

Enforcement E+W

18 (1) This paragraph applies where an environmental authority considers that an owner of premises required by a species control order to carry out a species control operation has not done so by the date or in the way specified in the order. E+W

(2) The authority must give the owner notice to that effect.

(3) Sub-paragraphs (4) to (6) apply if, after a week after giving notice under sub-paragraph (2), the authority considers that the owner has still not carried out the species control operation in the way specified in the order.

(4) The authority may carry out the operation itself or carry out such further work as is necessary to ensure that the operation is carried out in the way specified in the order.

(5) The authority may recover from the owner any expenses reasonably incurred by it in doing so (less any payment which the authority would apart from this paragraph have been required to make to the owner in respect of the carrying out of the operations by the owner).

(6) The authority is not required to make any payment provided for under paragraph 13(2)(b) in relation to the operation (and may recover any payment made under that paragraph).

Offences E+W

19 (1) A person who, without reasonable excuse, fails to comply with a requirement imposed on that person by a species control order commits an offence. E+W

(2) A person who intentionally obstructs a person from carrying out an operation required or proposed under a species control order commits an offence.

(3) A person guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine, or both.

(4) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (3) to 51 weeks is to be read as a reference to 6 months.

(5) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3) to a fine is to be read as a reference to a fine not exceeding £40,000.

Liability E+W

20 (1) An owner of premises is not liable to any other person for doing anything required to be done by a species control order. E+W

(2) An environmental authority is not liable to a person with an interest in premises for anything done—

(a) by an owner pursuant to a requirement included in a species control order, or

(b) by the authority pursuant to—

(i) provision included in a species control order under paragraph 11(1)(b), (2)(b) or (3), or

(ii) paragraph 18(4).

PART 4 E+W Powers of entry

Powers of entry E+W

21 (1) A person who is authorised to do so may enter any premises to— E+W

(a) assist an environmental authority to determine whether to offer to enter into a species agreement with a person,

(b) assist an environmental authority to determine whether to make or revoke a species control order,

(c) investigate suspected non-compliance with a species control agreement or a species control order,

(d) carry out species control operations for an environmental authority under a species control order,

(e) place a notice as specified in paragraph 10(2)(d)(i) or 14(2) (no identifiable owner), or

(f) carry out species control operations or work pursuant to paragraph 18(4).

This is subject to the other provisions of this Schedule.

(2) A person may not enter premises under sub-paragraph (1)(a) or (b) with a view to establishing whether a species is present unless the environmental authority has reasonable grounds for suspecting that it is.

Authorisation by justice of the peace E+W

22 (1) To enter premises under paragraph 21 a person must be authorised by a warrant issued by a justice of the peace where— E+W

(a) the premises consist of a dwelling or a garden, yard, outbuildings or other land used or enjoyed wholly with a dwelling,

(b) admission to the premises has been refused by an owner or refusal is reasonably apprehended,

(c) the premises are unoccupied,

(d) the owner is temporarily absent,

(e) giving notice would defeat the purpose of entry,

(f) entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(c) (emergency),

(g) entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(d) (no identifiable owner),

(h) entry is to place a notice as specified in paragraph 10(2)(d)(i) or 14(2), or

(i) entry is to carry out operations or work pursuant to paragraph 18(4) which the environmental authority considers to be urgently necessary.

(2) A justice of the peace may not grant a warrant—

(a) in the circumstances in sub-paragraph (1)(a) to (d) unless satisfied that reasonable notice of the proposed entry has been given to all owners of the premises of whom the environmental authority is aware, or

(b) in the circumstances in paragraph (1)(g) unless satisfied that the requirement in paragraph 14(2) (notice) has been met.

(3) For the purposes of sub-paragraph (2)(a) less than 48 hours' notice is not reasonable.

(4) A warrant may authorise a person to use reasonable force if necessary, but a person so authorised—

(a) must be accompanied by a constable when doing so, and

(b) may not use force against an individual.

Authorisation by environmental authority E+W

23 (1) To enter premises under paragraph 21 in circumstances other than those specified in paragraph 22(1), a person must be authorised in writing by the environmental authority. E+W

(2) A person authorised by an environmental authority may not demand admission as of right to any premises unless reasonable notice has been given to all owners of the premises of whom the authority is aware.

(3) For these purposes less than 48 hours' notice is not reasonable.

Exercise of right of entry E+W

24 (1) A right of entry under paragraph 21 is exercisable at any reasonable time. E+W

(2) A person authorised under paragraph 22 or 23 to enter premises must, if so required before entering, produce evidence of his or her warrant or other authorisation and state the purpose of entry.

(3) A person entering premises under paragraph 21 may—

(a) take on to the premises such other persons as may be necessary;

(b) take any equipment, machinery or materials on to the premises;

(c) take samples of anything in or on the premises.

(4) A person who enters premises under paragraph 21 which are unoccupied or from which the owner is temporarily absent must, on departure, leave them as effectively secured as they were on entry.

PART 5 E+W Supplementary

Compensation E+W

25 (1) The Secretary of State and the Welsh Ministers may (separately or jointly) make arrangements for the payment of compensation to an owner of premises in respect of financial loss resulting from— E+W

(a) a species control agreement or order, or

(b) the exercise of the powers of entry under this Schedule.

(2) The arrangements may secure that compensation is payable only for financial loss above a specified amount.

Codes of practice E+W

26 (1) The Secretary of State must issue a code of practice in relation to species control agreements and orders in England. E+W

(2) A code under this paragraph must in particular provide guidance to environmental authorities in England on—

(a) when to offer to enter into a species control agreement;

(b) how to go about entering into a species control agreement;

(c) what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

(d) when to make a species control order;

(e) what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

(f) standards of animal welfare to be met in connection with species control agreements and orders.

(3) A code under this paragraph may be revised or replaced.

(4) Before issuing (or revising or replacing) a code under this paragraph the Secretary of State must carry out a public consultation.

(5) The Secretary of State must—

(a) ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

(b) lay a copy of a code under this paragraph before Parliament.

27 (1) The Welsh Ministers must issue a code of practice in relation to species control agreements and orders in Wales. E+W

(2) A code under this paragraph must in particular provide guidance to environmental authorities in Wales on—

(a) when to offer to enter into a species control agreement;

(b) how to go about entering into a species control agreement;

(c) what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

(d) when to make a species control order;

(e) what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

(f) standards of animal welfare to be met in connection with species control agreements and orders.

(3) A code under this paragraph may be revised or replaced.

(4) Before issuing (or revising or replacing) a code under this paragraph the Welsh Ministers must carry out a public consultation.

(5) The Welsh Ministers must—

(a) ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

(b) lay a copy of a code under this paragraph before the National Assembly for Wales.

28 (1) A person's failure to comply with a provision of a code under paragraph 26 or 27 does not make the person liable to civil or criminal proceedings. E+W

(2) A code under paragraph 26 or 27—

(a) is admissible in evidence in any civil proceedings, and

(b) must be taken into account by a court in any civil proceedings in which it appears to the court to be relevant.]

Section 15

X6 SCHEDULE 10 U.K. Amendment of the Endangered Species (Import and Export) Act 1976

Editorial Information

X6 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I U.K. The Amendments

Licences U.K.

1 (1) After subsection (3) of section 1 of the 1976 Act (restriction on importation and exportation of certain animals and plants) there shall be inserted the following subsections— U.K.

“(3A) Subsection (3) above shall not apply in relation to an application of any description if the scientific authority concerned has advised the Secretary of State as to whether licences should be issued in pursuance of applications of that description and, if so, their terms.

(3B) Where the Secretary of State is satisfied that the issue of a licence authorising the importation or exportation of any item which—

(a) is part of or derives from or is made wholly or partly from an animal of any of the kinds to which Schedule 1 or a plant of any of the kinds to which Schedule 2 to this Act for the time being applies ; but

(b) is not an item to which Schedule 3 to this Act for the time being applies.

would facilitate the importation or exportation of that item, he may, if he considers it expedient to do so, issue such a licence.”

(2) In subsections (4), (5), (6) and (7) of that section after the words “subsection (2)” there shall be inserted the words “or (3B)”.

(3) In subsection (4) of that section after paragraph (a) there shall be inserted the following paragraphs—

“(aa) may be issued either to all persons, to persons of a class or to a particular person ;

(ab) may be subject to compliance with any specified conditions,”; and in paragraph (c) of that subsection for the words from “a period” to “shorter” there shall be substituted the word “such”.

Expenses of returning animals and plants to the wild U.K.

2 U.K. After subsection (8) of section 1 of the 1976 Act there shall be inserted the following subsection—

“(9) Where, in the case of a live animal or a plant of any kind which is condemned or deemed to be condemned as forfeited, the Commissioners of Customs and Excise incur any expenses in connection with, or with a view to—

(a) its return to the wild ; or

(b) its being kept at premises (whether within or outside the United Kingdom) which are suitable for the keeping of animals or plants of that kind,

those expenses may be recovered, as a debt due to the Crown, from the importer or intending exporter of the animal or plant or any person possessing or having control of it at the time of its seizure.

In this subsection expressions which are also used in the Customs and Excise Management Act 1979 have the same meanings as in that Act.”

Powers of entry U.K.

3 U.K. After the subsection inserted by paragraph 2 as subsection (9) of section 1 of the 1976 Act there shall be inserted the following subsections—

“(10) Any person duly authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter any premises where animals of any of the kinds to which Schedule 1 or plants of any of the kinds to which Schedlule 2 to this Act for the time being applies are kept (whether temporarily or permanently) in order to ascertain whether any of the animals or plants kept there have been imported contrary to this section.

(11) Any person who wilfully obstructs a person acting under subsection (10) above shall be liable on summary conviction to a fine not exceeding £200.”

Power to modify Schedules U.K.

4 (1) In paragraph (c) of section 3 of the 1976 Act (power to modify Schedules) after the word “conservation” there shall be inserted the words “in any area” and after the word “endangered” there shall be inserted the word “there”. U.K.

(2) After paragraph (d) of that section there shall be inserted the following paragraph—

“(dd) to restrict the importation of animals or plants of any kind which appear to the Secretary of State to be unlikely to survive for any appreciable time if they are kept in the United Kingdom ;”.

Sale of certain animals or plants or their derivatives U.K.

5 (1) In subsection (1) of section 4 of the 1976 Act (offences to sell etc. things imported contrary to section 1 or their derivatives) for the words “Subject to subsection (2)” there shall be substituted the words “Subject to subsections (1B) and (2)”, after the words “has in his possession” there shall be inserted the words “or transports” and the words “and in the following provisions” onwards shall be omitted. U.K.

(2) After that subsection there shall be inserted the following subsections—

“(1A) Subject to subsections (1B) and (2) below, a person who sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale—

(a) a live or dead animal of any of the kinds to which Schedule 4 to this Act for the time being applies or an egg or other immature stage of such an animal ;

(b) a live or dead plant of any of the kinds to which Schedule 5 to this Act for the time being applies ; or

(c) any part of or anything which derives from or is made wholly or partly from anything referred to in paragraph (a) or (b) above,

shall be guilty of an offence ; but nothing in this subsection shall apply in relation to anything falling within subsection (1) above or anything which has been imported, or is a part of or derives from or is made wholly or partly from anything which has been imported, before the passing of the Wildlife and Countryside Act 1981.

(1B) Subsections (1) and (1A) above do not apply to anything done under and in accordance with the terms of a licence issued by the Secretary of State ; and subsections (4) to (7) of section 1 above shall apply in relation to a licence issued under this subsection as they apply in relation to a licence issued under subsection (2) of that section.

(1C) In the following provisions of this section “ restricted article ” means anything falling within subsection (1) or (1A) above. ”

(3) In subsection (2) of that section after the words “subsection (1)” there shall be inserted the words “or (1A)”.

(4) In subsection (5) of that section after the words “subsection (1)” there shall be inserted the words “, (1A)”.

(5) In subsection (6) of that section after the words “references to” there shall be inserted the word “hire”.

(6) After Schedule 3 to the 1976 Act there shall be inserted as Schedule 4 the Schedule set out in Part II of this Schedule.

(7) After the Schedule inserted in the 1976 Act by sub-paragraph (6) there shall be inserted as Schedule 5 the Schedule set out in Part III of this Schedule.

Part II U.K. Schedule inserted as Schedule 4

SCHEDULE 4 U.K. Animals the Sale etc. of Which is Restricted

This Schedule applies to the following kinds of animals, namely—

MAMMALS U.K.

1 U.K. The kinds of mammal specified in the first column below—

Marsupials U.K.

Kind	Common name
Bettongia	Rat kangaroo
Caloprymnus campestris	Desert rat-kangaroo
Lagorchestes hirsutus	Western hare-wallaby
Lagostrophus fasciatus	Banded hare-wallaby
Onychogalea fraenata	Bridle nail-tailed wallaby
Onychogalea lunata	Crescent nail-tailed wallaby
Lasiorhinus krefftii	Queensland hairy-nosed wombat
Chaeropus ecaudatus	Pig-footed bandicoot
Macrotis lagotis	Rabbit-bandicoot
Macrotis leucara	Lesser rabbit-bandicoot
Perameles bougainville	Western barred bandicoot
Sminthopsis longicaudata	Long-tailed dunnart
Sminthopsis psammophila	Sandhill dunnart
Thylacinus cynocephalus	Tasmanian wolf

Primates U.K.

Allocebus	Hairy-eared dwarf lemur
Cheirogaleus	Dwarf lemurs
Hapalemur	Gentle lemurs
Lemur	Lemurs
Lepilemur	Sportive and weasel lemurs
Microcebus	Mouse lemurs
Phaner	Fork-marked mouse lemurs
Avahi	Avahis (otherwise known as Woolly indris)
Indri	Indris
Propithecus	Sifakas
Daubentonia madagascariensis	Aye-aye
Callimico goeldii	Goeldi’s marmoset (otherwise known as Goeldi’s tamarin)
Callithrix aurita	White eared marmoset
Callithrix flaviceps	Buff-headed marmoset
Leontopithecus	Maned tamarin (otherwise known as Golden tamarin)
Saguinus bicolor	Pied tamarin
Saguinus geoffroyi	Geoffroy’s tamarin
Saguinus leucopus	White-footed tamarin
Saguinus oedipus	Cotton-headed tamarin
Alouatta palliata (otherwise known as Alouatta villosa)	Mantled howler
Ateles geoffroyi frontatus	Black-browed spider monkey
Ateles geoffroyi panamensis	Red spider monkey
Brachyteles arachnoides	Woolly spider monkey
Cacajao	Uakaris
Chiropotes albinasus	White-nosed saki
Saimiri oerstedii	Red-backed squirrel monkey
Cercocebus galeritus galeritus	Tana River mangabey
Cercopithecus diana	Diana monkey
Colobus badius kirkii	Kirk’s red colobus (otherwise known as Zanzibar red colobus)
Colobus badius rufomitratus	Tana River red colobus
Macaca silenus	Lion-tailed macaque
Nasalis larvatus	Proboscis monkey
Papio leucophaeus (otherwise known as Mandrillus leucophaeus)	Drill
Papio sphinx (otherwise known as Mandrillus sphinx)	Mandrill
Presbytis entellus	Langur (otherwise known as Entellus langur or True langur)
Presbytis geei	Golden langur
Presbytis pileatus	Caped langur
Presbytis potenziani	Mentawi leaf monkey
Pygathrix nemaeus	Douc langur
Rhinopithecus roxellanae	Snub-nosed langur
Simias concolor	Mentawi snub-nosed langur
Hybolates	Gibbons
Symphalangus syndactylus	Siamang
Pongidae	Great apes

Edentates U.K.

Pridontes giganteus (otherwise known as Priodontes maximus)	Giant armadillo

Pangolins U.K.

Manis temmincki	South African pangolin

Rabbits and hares U.K.

Caprolagus hispidus	Assam rabbit (otherwise known as Hispid hare)
Romerolagus diazi	Volcano rabbit

Rodents U.K.

Cynomys mexicanus	Mexican prairie marmot
Leporillus conditor	Australian sticknest rat
Pseudomys fumeus	Smoky mouse
Pseudomys praeconis	Shark Bay mouse
Xeromys myoides	False water rat
Zyzomys pendunculatus	Central thick-tailed rat
Chinchilla (except any domestic form of Chinchilla laniger)	Chinchilla

Cetaceans U.K.

Lipotes vexillifer	Chinese river dolphin
Physter catodon (otherwise known as Physeter macrocephalus)	Sperm whale
Platanista gangetica	Ganges dolphin
Platanista minor	Indus river dolpin
Sotalia	Humpbacked dolphins
Sousa	Humpacked dolphins
Neophocaena phocaenoides	Finless porpoise
Phocoena sinus	Cochito
Balaena mysticetus	Greenland right whale (otherwise known as Bowhead whale)
Balaenoptera borealis	Sei whale
Balaenoptera musculus	Blue whale
Balaenoptera physalus	Common rorqual
Eschrichtius	Grey whales
Eubalaena	Right whales
Megaptera novaeangliae	Humpback whale

Carnivores U.K.

Spethos venaticus	Bush dog
Vulpes velox hebes	Northern kit fox
Helarctos malayanus	Sun bear
Selenarctos thibetanus	Asiatic black bear
Tremarctos ornatus	Spectacled bear
Ursus arctos isabellinus	Brown bear
Ursus arctos nelsoni	Mexican brown bear
Ursus arctos pruinosus	Tibetan brown bear
Aonyx microdon	Cameroon clawless otter
Enhydra lutris nereis	Southern sea otter
Lutra felina	Marine otter
Lutra longicaudis	South American otter
Lutra lutra	Eurasian otter
Lutra provocax	Southern river otter
Mustela nigripes	Black-footed ferret
Pteronura brasiliensis	Giant otter
Prionodon pardicolor	Spotted linsang
Hyaena brunnea	Brown hyaena
Acinonyx jubatus	Cheetah
Felis bengalensis bengalensis	Leopard cat
Felis concolor coryi	Florida puma
Felis concolor costaricensis	Costa Rica puma
Felis concolor cougar	Eastern puma
Felis jacobita	Andean cat
Felis rufa escuinapae	Mexican bobcat
Felis marmorata	Marbled cat
Felis nigripes	Black-footed cat
Felis pardalis mearnsi	Costa Rica ocelot
Felis pardalis mitis	Brazilian ocelot
Felis planiceps	Flat-headed cat
Felis rubiginosa	Rusty spotted cat
Felis temmincki	Asiatic golden cat
Felis tigrina oncilla	Little spotted cat
Felis wiedii nicaraguae	Nicaraguan margay
Felis wiedii salvinia	Guatemalan margay
Felis yagouaroundi cacomitli	Jaguarundi
Felis yagouaroundi fossata	Jaguarundi
Felis yagouaroundi panamensis	Jaguarundi
Felis yagouaroundi tolteca	Jaguarundi
Neofelis nebulosa	Clouded leopard
Panthera leo persica	Asiatic lion
Panthera onca	Jaguar
Panthera pardus	Leopard
Panthera tigris	Tiger
Panthera uncia	Snow leopard

Seals U.K.

Arcocephalus townsendi	Guadelupe fur seal
Monachus	Monk seals

Elephants U.K.

Elephas maximus	Asian elephant

Sea-cows U.K.

Dugong dugon	Dugong (otherwise known as Sea-cow)
Trichechus inunguis	Amazonian manatee
Trichechus manatus	West Indian manatee

Odd-toed ungulates U.K.

Equus grevyi	Grevy’s zebra
Equus hemionus hemionus	Mongolian wild ass
Equus hemionus khur	Indian wild ass
Equus przewalskii	Przewalski’s horse
Equus zebra zebra	Cape mountain zebra
Tapirus bairdii	Central American tapir
Tapirus indicus	Malayan tapir (otherwise known as Indian tapir)
Tapirus pinchaque	Mountain tapir (otherwise known as Woolly tapir)
Rhinocerotidae	Rhinoceroses

Even-toed ungulates U.K.

Babyrousa babyrussa	Babirusa
Sus salvanius	Pygmy hog
Vicugna vicugna	Calamian deer
Axis kuhli	Bawean deer
Axis porcinus annamiticus	Thai hog deer
Blastocerus dichotomus	Marsh deer
Cervus duvauceli	Swamp deer
Cervus elaphus hanglu	Kashmir stag (otherwise known as Hanglu)
Cervus eldi	Brow-antlered deer
Dama mesopotamica	Persian fallow deer
Hippocamelus antisiensis	Peruvian huemal
Hippocamelus bisulcus	Chilean huemal
Moschus moschiferus moschiferus	Himalayan musk deer
Ozotoceros bezoarticus	Pampas deer
Pudu pudu	Chilean pudu
Antilocapra americana peninsularis	Lower California pronghorn
Antilocapra americana sonoriensis	Sonoran pronghorn
Bison bison athabascae	Wood bison
Bos gaurus	Gaur
Bos mutus	Wild yak
Bubulas depressicornis	Lowland anoa
Bubalus mindorensis	Tamaraw
Bubalus quarlesi	Mountain anoa
Capra falconeri chiltanensis	Markhor
Capra falconeri jerdoni	Markhor
Capra falconeri megaceros	Markhor
Capricornis sumatraensis	Serow
Hippotragus niger variani	Giant sable antelope
Nemorhaedua goral	Goral
Novibos sauveli	Koupray
Oryx leucoryx	Arabian oryx
Ovis ammon hodgsoni	Great Tibetan sheep
Ovis orientalis ophion	Cyprian mouflon
Ovis vignei	Urial
Pantholops hodgsoni	Tibetan antelope
Rupicapra rupicapra ornata	Abrussi chamois

BIRDS U.K.

2 U.K. The kinds of bird specified in the first column below—

Rheas U.K.

Pterocnemia pennata	Lesser rhea

Tinamous U.K.

Tinamus solitarius	Solitary tinamou

Penguins U.K.

Spheniscus humboldti	Humboldt penguin

Grebes U.K.

Podilymbus gigas	Atitlan grebe

Albatrosses U.K.

Diomedea albatrus	Short-tailed albatross

Pelican-like birds U.K.

Sula abbotti	Abbot’s booby
Fregata andrewsi	Christmas Island frigatebird

Storks U.K.

Ciconia ciconia boyciana	Japanese white stork
Geronticus eremita	Bald ibis
Nipponia nippon	Japanese crested ibis

Waterfowl U.K.

Anas aucklandica nesiotis	Campbell Island Flightless teal
Anas laysanensis	Laysan duck
Anas oustaleti	Marianas Island duck (otherwise known as Marianas Mallard)
Branta canadensis leucopareia	Aleutian Canada goose
Branta sandvicensis	Hawaiian goose (otherwise known as Nene)
Cairina scutulata	White winged wood duck
Rhodonessa caryophyllacea	Pink-headed duck

Diurnal Birds of Prey U.K.

Cathartidae	New world vultures
Pandion haliaetus	Osprey
Accipitridae	True hawks
Sagittarius serpentarius	Secretary bird
Falconidae	Falcons

Gamebirds U.K.

Aburria jacutinga	Black-fronted curassow (otherwise known as Black-fronted guan)
Aburria pipile	White-headed curassow (otherwise known as Piping guan)
Catreus wallichii	Cheer pheasant
Colinus virginianus ridgwayi	Masked bobwhite
Crax blumenbachii	Red-billed curassow
Crax mitu	Razor-billed curassow
Crossoptilon crossoptilon	White Eared-pheasant
Crossoptilon mantchuricum	Brown Eared-pheasant
Lophophorus impejanus	Himalayan monal
Lophophorus lhuysii	Chinese monal
Lophophorus sclateri	Sclater’s monal
Lophura edwardsi	Edward’s pheasant
Lophura imperialis	Imperial pheasant
Lophura swinhoei	Swinhoe’s pheasant
Macrocephalon maleo	Maleo Fowl
Oreophasis derbianus	Horned guan
Penelope albipennis	White-winged guan
Polyplectron emphanum	Palawan peacock pheasant
Syrmaticus ellioti	Elliot’s pheasant
Syrmaticus humiae	Hume’s pheasant (otherwise known as Bar-tailed pheasant)
Syrmaticus mikado	Mikado pheasant
Tetraogallus caspius	Caspian snowcock
Tetraogallus tibetanus	Tibetan snowcock
Tragopan blythii	Blyth’s tragopan
Tragopan caboti	Cabot’s tragopan
Tragopan melanocephalus	Western tragopan
Tympanuchus cupido attwateri	Attwater’s prairie chicken

Cranes and rails U.K.

Grus americana	Whooping crane
Grus canadensis nesiotes	Cuban sandhill crane
Grus canadensis pulla	Mississippi sandhill crane
Grus japonensis	Manchurian crane (otherwise known as Japanese crane)
Grus leucogeranus	Siberian White crane
Grus monacha	Hooded crane
Grus nigricollis	Black-necked crane
Grus vipio	White-necked crane (otherwise known as White-naped crane)
Tricholimnas sylvestris	Lord Howe wood-rail
Rhynochetos jubatus	Kagu
Chlamydotis undulata	Houbara bustard
Choriotis nigriceps (otherwise known as Ardeotis nigriceps)	Great Indian bustard
Eupodotis bengalensis	Bengal florican

Waders and Gulls U.K.

Numenius borealis	Eskimo curlew
Tringa guttifer	Spotted greenshank (otherwise known as Nordmann’s greenshank)
Larus relictus	Relict gull

Pigeons and doves U.K.

Caloenas nicobarica	Nicobar pigeon
Ducula mindorensis	Mindoro imperial pigeon

Parrots U.K.

Amazona arausiaca	Red-necked parrot (otherwise known as Red-necked amazon)
Amazona barbadensis	Yellow-shouldered parrot (otherwise known as Yellow-shouldered amazon)
Amazona brasiliensis	Red-tailed parrot (otherwise known as Red-tailed amazon)
Amazona guildingii	St. Vincent parrot (otherwise known as St. Vincent amazon)
Amazona imperialis	Imperial parrot (otherwise known as Imperial amazon)
Amazona leucocephala	Cuban parrot (otherwise known as Cuban amazon)
Amazona pretrei	Red-spectacled parrot (otherwise known as Red-spectacled amazon)
Amazona rhodocorytha(otherwise known as Amazona dufresniana rhodocorytha)	Red-crowned parrot (otherwise known as Red-crowned amazon)
Amazona versicolor	St Lucia parrot (otherwise known as St Lucia amazon)
Amazona vinacea	Vinaceous parrot (otherwise known as Vinaceous amazon)
Amazona vittata	Puerto Rico parrot (otherwise known as Puerto Rican amazon)
Anodorhynchus glaucus	Glaucous macaw
Anodorhynchus leari	Lear’s macaw
Aratinga guaruba	Golden parakeet (otherwise known as Golden conure)
Cyanopsitta spixii	Spix’s macaw
Cyanoramphus auriceps forbesi	Forbes’ parakeet
Cyanoramphus novaezelandiae	Red-fronted parakeet
Cyclopsitta diophthalma coxeni (otherwise known as Opopsitta diophthalma coxeni)	Coxen’s fig parrot
Geopsittacus occidentalis	Australian night parrot
Neophema chrysogaster	Orange-bellied parakeet (otherwise known as Orange-bellied parrot)
Pezoporus wallicus	Ground parrot
Pionopsitta pileata	Red-capped parrot (otherwise known as Pileated parrot)
Psephotus chrysopterygius	Golden-shouldered parakeet (otherwise known as Golden-shouldered parrot or Hooded parakeet)
Psephotus pulcherrimus	Paradise parrot
Psittacula echo (otherwise known as Psittacula krameri echo)	Mauritius parakeet (otherwise known as Mauritius ring-necked parakeet)
Psittacus erithacus princeps	Fernando Po grey parrot
Pyrrhura cruentata	Blue-throated conure
Rhynchopsitta pachyrhyncha	Thick-billed parrot
Rhynchopsitta terrisi	Maroon-fronted parrot
Strigops habroptilus	Kakapo (otherwise known as Owl parrot)

Hummingbirds U.K.

Ramphodon dohrnii	Hook-billed hermit

Trogons U.K.

Pharomachrus mocinno costaricensis	Costa Rican quetzal (otherwise known as Resplendent quetzal)
Pharomachrus mocinno mocinno	Magnificent quetzal (otherwise known as Resplendent quetzal)

Owls U.K.

Tytonidae	Barn owls
Strigidae	Typical owls

Hornbills U.K.

Buceros bicornis (otherwise known as Buceros homrai	Great pied hornbill
Rhinoplax vigil	Helmeted hornbill

Woodpeckers U.K.

Campephilus imperialis	Imperial woodpecker
Dryocopus javensis richardsi	Tristram’s woodpecker (otherwise known as White-bellied black woodpecker)

Songbirds U.K.

Cotinga maculata	Banded cotinga
Xipholena atropurpurea	White-winged cotinga
Pitta kochi	Koch’s pitta
Atrichornis clamosa	Noisy scrub-bird
Leucopsar rothschildi	Rothschild’s mynah
Dasyornis brachypterus longirostris	Western bristlebird
Dasyornis broadbenti littoralis	Western rufous bristlebird
Picathartes gymnocephalus	White-necked rockfowl (otherwise known as Yellow-headed rockfowl or Guinea bear-headed rockfowl)
Picathartes oreas	Grey-necked rockfowl (otherwise known as Cameroon bare-headed rockfowl or Red-headed rockfowl)
Zosterops albogularis	White-breasted silver-eye
Meliphaga cassidix	Helmeted honeyeater
Spinus cucullatus (otherwise known as Carduelis cucullatus)	Red siskin

U.K. REPTILES

3 U.K. The kinds of reptile specified in the first column below—

Crocodilians U.K.

Alligator sinensis	Chinese alligator
Caiman crocodilus apaporiensis	Rio Apaporis caiman (otherwise known as Spectacled caiman)
Caiman latirostris	Broad-nosed caiman
Melanosuchus niger	Black caiman
Crocodylus acutus	American crocodile
Crocodylus cataphractus	African slender-snouted crocodile (otherwise known as African sharp-nosed crocodile)
Crocodylus intermedius	Orinoco crocodile
Crocodylus moreletii	Morelet’s crocodile
Crocodylus niloticus	Nile crocodile
Crocodylus novaeguineae mindorensis	Philippine crocodile
Crocodylus palustris	Mugger (otherwise known as Marsh crocodile or Broad-snouted crocodile)
Crocodylus porosus	Estuarine crocodile (otherwise known as Salt-water crocodile)
Crocodylus rhombifer	Cuban crocodile
Crocodylus siamensis	Siamese crocodile
Osteolaemus tetraspis	West African dwarf crocodile
Tomistoma schlegelii	False gharial (otherwise known as False gavial)
Gavialis gangeticus	Indian gharial (otherwise known as Indian gavial)

Iguanas U.K.

Brachylophus	Fijian iguanas
Cyclura	Caribbean rock iguanas
Sauromalus varius	San Esteban Island chuck-walla

Lizards U.K.

Varanus bengalensis	Bengal monitor (otherwise known as Indian monitor or Common monitor)
Varanus flavescens	Yellow monitor
Varanus griseus	Desert monitor (otherwise known as Agra monitor or Grey monitor)
Varanus komodoensis	Komodo dragon

Snakes U.K.

Acrantophis	Madagascar boas
Bolyeria	Round island boas
Casarea	Round island boas
Epicrates inornatus	Yellow tree boa
Epicrates subflavus	Jamaican boa
Python molurus molurus	Indian python (otherwise known as Indian rock python)
Sanzinia madagascariensis	Madagascar boa

Tuatara U.K.

Sphenodon punctatus	Tuatara

Chelonians U.K.

Batagur baska	River terrapin (otherwise known as Tuntong)
Geoclemys hamiltonii (otherwise known as Damonia hamiltonii)	Black pond turtle (otherwise known as Spotted pond turtle)
Melanochelys tricarinata (otherwise known as Geoemyda tricarinata or Nicoria tricarinata)	Three-keeled turtle (otherwise known as Three-keeled land tortoise)
Kachuga tecta tecta	Indian tent turtle (otherwise known as Indian sawback turtle or Roofed turtle or Dura turtle)
Morenia ocellata	Burmese swamp turtle
Terrapene coahuila	Aquatic box turtle (otherwise known as Water box turtle)
Geochelone elephantopus (otherwise known as Testudo elephantopus)	Galapagos giant tortoise
Geochelone radiata (otherwise known as Testudo radiata)	Radiated tortoise (otherwise known as Rayed tortoise)
Geochelone yniphora (otherwise known as Testudo yniphora)	Madagascar tortoise (otherwise known as Rayed tortoise or Angonoka)
Gopherus flavomarginatus (otherwise known as Crophemus polyphemus flavomarginatus)	Mexican gopher tortoise
Psammobates geometricus (otherwise known as Testudo geometricus)	Geometric tortoise
Cheloniidae	Sea turtles
Dermochelys coriacea	Leatherback turtle (otherwise known as Leathery turtle or Luth)
Lissemys punctata punctata	Indian flap-shelled turtle
Trionyx ater	Cuatro Cienegas soft-shell turtle (otherwise known as Black soft-shelled turtle)
Trionyx gangeticus	Ganges soft-shelled turtle (otherwise known as Indian soft-shelled turtle)
Trionyx hurum	Peacock-marked soft-shelled turtle
Trionyx nigricans	Dark-coloured soft-shelled turtle
Pseudemydura umbrina	Short-necked turtle (otherwise known as Western swamp turtle)

U.K. AMPHIBIANS

The kinds of amphibian specified in the first column below—

Andrias davidianus (otherwise known as Megalo batrachus davidianus)	Chinese giant salamander
Andrias japonicus (otherwise known as Megalobatrachus japonicus)	Japanese giant salamander
Atelopus varius zeteki	Golden frog (otherwise known as Zetek’s frog)
Bufo periglenes	Golden toad (otherwise known as Orange toad)
Bufo superciliaris	Cameroon toad
Nectophrynoides	Viviparous toads

U.K. FISH

5 U.K. The kinds of fish specified in the first column below—

Kind	Common name
Acipenser brevirostrum	Shortnose sturgeon
Scleropages formosus	Asiatic bonytongue
Coregonus alpenae	Longjaw cisco
Chasmistes cujus	Cui-ui
Probarbus jullieni	lkan temolek
Pangasianodon gigas	Giant catfish
Stizostedion vitreum glaucum	Blue walleye
Cynoscion macdonaldi	Drum fish

U.K. MOLLUSCS

6 U.K. The kinds of mollusc specified below—

Conradilla caelata

Dromus dromas

Epioblasma florentina curtisi (otherwise known as Dysnomia florentina curtisi)

Epioblasma florentina florentina (otherwise known as Dysnomia florentina florentina)

Epioblasma sampsoni (otherwise known as Dysnomia sampsoni)

Epioblasma sulcata perobliqua (otherwise known as Dysnomia sulcata perobliqua)

Epioblasma torulosa gubernaculum (Otherwise known as Dysnomia torulosa gubernaculum)

Epioblasma torulosa torulosa (otherwise known as Dysnomia torulosa torulosa)

Epioblasma turgidula (otherwise known as Dysnomia turgidula)

Epioblasma walkeri (otherwise known as Dysnomia walkeri)

Fusconaia cuneolus

Fusconaia edgariana

Lampsilis higginsi

Lampsilis orbiculata orbiculata

Lampsilis satura

Lampsilis verescens

Plethobasus cicatricosus

Plethobasus cooperianus

Pleurobema plenum

Potamilus capax (otherwise known as Proptera capax)

Quadrula intermedia

Quadrula sparsa

Toxolasma cylindrella (otherwise known as Carunculina cylindrella)

Unio nickliniana (otherwise known as Megalonaias nickliniana)

Unio tampicoensis tecomatensis (otherwise known as Lampsilis tampicoensis tecomatensis)

Villosa trabalis (otherwise known as Micromya trabalis)

NOTE. The second column of this Schedule gives a common name or names, where available, and is included by way of guidance only ; in the event of any dispute or proceedings, only the first column is to be taken into account.

Part III U.K.

U.K. Schedule inserted as Schedule 5

SCHEDULE 5 U.K.

U.K. Plants the sale etc. of which is restricted

This Schedule applies to the kinds of plant specified in the second column below—

Family	Kind
Apocynaceae	Pachypodium namaquanum
Araceae	Alocasia sanderana
Cactaceae	Ariocarpus agavoides
	Ariocarpus scapharostrus
	Aztekium ritteri
	Echinocereus lindsayi
	Obregonia denegrii
	Pelecyphora aselliformis
	Pelecyphora strobiliformis
Caryocaraceae	Caryocar costaricense
Caryophyllaceae	Gymnocarpus przewalskii
	Melandrium mongolicus
	Silene mongolica
	Stellaria pulvinata
Cupressaceae	Fitzroya cupressoides
	Pilgerodendron uviferum
Cycadaceae	Mirocycas calocoma
Gentianaceae	Prepusa hookeriana
Humiriaceae	Vantanea barbourii
Juglandaceae	Engelhardtia pterocarpa
Leguminosae	Ammopiptanthus mongolicum
	Cynometra hemitomophylla
	Platymiscium pleiostachyum
	Tachigalia versicolor
Liliaceae	Aloe albida
	Aloe pillansii
	Aloe polyphylla
	Aloe thorncropftii
	Aloe vossii
Melastomataceae	Lavoisiera itambana
Meliaceae	Guarea longipetiola
Moraceae	Batocarpus costaricensis
Nepenthaceae	Nepenthes rajah
Orchidaceae	Cattleya skinneri
	Cattleya trianae
	Didiciea cunninghamii
	Laelia jongheana
	Laelia lobata
	Lycaste virginalis var alba
	Peristeria elata
	Renanthera imschootiana
	Vanda coerulea
Pinaceae	Abies guatemalensis
	Abies nebrodensis
Podocarpaceae	Podocarpus costalis
	Podocarpus parlatorei
Proteaceae	Orothamnus zeyheri
	Protea odorata
Rubiaceae	Balmea stormae
Sarraceniaceae	Sarracenia alabamensis alabamensis
	Sarracenia jonesii
	Sarracenia oreophila
Saxifragaceae (otherwise known as Grossulariaceae)	Ribes sardoum
Stangeriaceae	Stangeria eriopus
Ulmaceae	Celtis aetnensis
Welwitschiaceae	Welwitschia bainesii
Zamiaceae	Encephalartos
Zingiberaceae	Hedychium philippinense

[F109 SCHEDULE 10A E+W Delegation of Appellate Functions

Textual Amendments

F109 Sch. 10A inserted (30.1.2001) by 2000 c. 37 , ss. 75(1) , 103(2) , Sch. 9 para. 7

Interpretation E+W

1 E+W In this Schedule—

• “ appointed person ” means a person appointed under section 28F(8) or 28L(10); and

• “ appointment ”, in the case of any appointed person, means appointment under either of those provisions.

Appointments E+W

2 E+W An appointment under section 28F(8) or 28L(10) must be in writing and—

(a) may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified;

(b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and

(c) may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal or matter which has not been determined by the appointed person before that time.

Powers of appointed person E+W

3 E+W Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal or matter to which his appointment relates, have the same powers and duties as the Secretary of State, other than—

(a) any function of making regulations;

(b) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or

(c) any function of appointing a person for the purpose—

(i) of enabling persons to appear before and be heard by the person so appointed, or

(ii) of referring any question or matter to that person.

Holding of local inquiries and other hearings by appointed persons E+W

4 (1) If either of the parties to an appeal or matter expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard. E+W

(2) Whether or not a party to an appeal or matter has asked for an opportunity to appear and be heard, the appointed person—

(a) may hold a local inquiry or other hearing in connection with the appeal or matter, and

(b) shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal or matter.

(3) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter.

(4) Subject to section 28F(10) or 28L(12), the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.

Revocation of appointments and making of new appointments E+W

5 (1) Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal or matter, the Secretary of State shall, unless he proposes to determine the appeal or matter himself, appoint another person under section 28F(8) or 28L(10) to determine the appeal or matter instead. E+W

(2) Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh.

(3) Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Certain acts and omissions of appointed persons to be treated as those of the Secretary of State E+W

6 (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State. E+W

(2) Sub-paragraph (1) shall not apply—

(a) for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.]

Sections 29 and 34.

SCHEDULE 11 E+W+S Procedure in Connection with Certain Orders under Part II

Coming into operation E+W+S

F110 1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Publicity for orders E+W+S

F111 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F111 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Unopposed orders E+W+S

F112 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Opposed orders E+W+S

F113 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Restriction on power to amend orders or confirm them with modifications E+W+S

F114 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Notice of final decision on orders E+W+S

F115 6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Proceedings for questioning validity of orders E+W+S

F116 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Interpretation E+W+S

F117 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Section 36.

F118 SCHEDULE 12 E+W+S Procedure in Connection With Orders Under Section 36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(b)(c); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

F119 SCHEDULE 13 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F119 Sch. 13 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , ss. 105(1)(2) , 107 , Sch. 11 para. 98 , Sch. 12 ; S.I. 2006/2441 , art. 2

Section 53.

SCHEDULE 14 E+W+S Applications for Certain Orders Under Part III

Form of applications E+W+S

1 E+W+S An application shall be made in the prescribed form and shall be accompanied by—

(a) a map drawn to the prescribed scale and showing the way or ways to which the application relates; and

(b) copies of any documentary evidence (including statements of witnesses) which the applicant wishes to adduce in support of the application.

Notice of applications E+W+S

2 (1) Subject to sub-paragraph (2), the applicant shall serve a notice stating that the application has been made on every owner and occupier of any land to which the application relates. E+W+S

(2) If, after reasonable inquiry has been made, the authority are satsified that it is not practicable to ascertain the name or address of an owner or occupier of any land to which the application relates, the authority may direct that the notice required to be served on him by sub-paragraph (1) may be served by addressing it to him by the description “owner” or “occupier” of the land (describing it) and by affixing it to some conspicuous object or objects on the land.

(3) When the requirements of this paragraph have been complied with, the applicant shall certify that fact to the authority.

(4) Every notice or certificate under this paragraph shall be in the prescribed form.

Determination by authority E+W+S

3 (1) As soon as reasonably practicable after receiving a certificate under paragraph 2(3), the authority shall— E+W+S

(a) investigate the matters stated in the application; and

(b) after consulting with every local authority whose area includes the land to which the application relates, decide whether to make or not to make the order to which the application relates.

(2) If the authority have not determined the application within twelve months of their receiving a certificate under paragraph 2(3), then, on the applicant making representations to the Secretary of State, the Secretary of State may, after consulting with the authority, direct the authority to determine the application before the expiration of such period as may be specified in the direction.

(3) As soon as practicable after determining the application, the authority shall give notice of their decision by serving a copy of it on the applicant and any person on whom notice of the application was required to be served under paragraph 2(1).

Appeal against a decision not to make an order E+W+S

4 (1) Where the authority decide not to make an order, the applicant may, at any time within 28 days after service on him of notice of the decision, serve notice of appeal against that decision on the Secretary of State and the authority. E+W+S

(2) If on considering the appeal the Secretary of State considers that an order should be made, he shall give to the authority such directions as appear to him necessary for the purpose [F120 (which may include a direction as to the time within which an order is to be made)].

Textual Amendments

F120 Words in Sch. 14 para. 4(2) inserted (E.W.) (13.2.2004 for E. and 31.5.2005 for W.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 10 ; S.I. 2004/292 , art. 2 ; S.I. 2005/1314 , art. 2(a)

Interpretation E+W+S

5 (1) In this Schedule— E+W+S

• “ application ” means an application under section 53(5);

• “ local authority ” means [F121 a non-metroplitan district council ] , a parish F122 . . . council or the parish meeting of a parish not having a separate parish council [F123 but, in relation to Wales, means a community council ] ;

• “ prescribed ” means prescribed by regulations made by the Secretary of State.

(2) Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F121 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1) , ss. 1 , 2 , 7 , Sch. 3 para. 7(8)

F122 Words in Sch. 14 para. 5(1) repealed (1.4.1996) by 1994 c. 19 , s. 66(6)(8) , Sch. 16 para. 65(11) , Sch. 18 (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2

F123 Words in Sch. 14 para. 5(1) added (1.4.1996) by 1994 c. 19 , s. 66(6) , Sch. 16 para. 65(11) (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2

Sections 53 and 54.

SCHEDULE 15 E+W+S Procedure in Connection with Certain Orders Under Part III

Consultation E+W+S

1 E+W+S Before making an order, the authority shall consult with every local authority whose area includes the land to which the order relates.

Coming into operation E+W+S

2 E+W+S An order shall not take effect until confirmed either by the authority or the Secretary of State under paragraph 6 or by the Secretary of State under paragraph 7.

Publicity for orders E+W+S

3 (1) On making an order, the authority shall give notice in the prescribed form— E+W+S

(a) describing the general effect of the order and stating that it has been made and requires confirmation;

(b) naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and

(c) specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order [F124 , which must include particulars of the grounds relied on,] may be made.

(2) Subject to sub-paragraph (4), the notice to be given under sub-paragraph (1) shall be given—

(a) by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated;

(b) by serving a like notice on—

(i) every owner and occupier of any of that land;

(ii) every local authority whose area includes any of that land;

(iii) every person on whom notice is required to be served in pursuance of sub-paragraph (3); and

(iv) such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and

(c) by causing a copy of the notice to be displayed in a prominent position—

(i) at the ends of so much of any way as is affected by the order;

(ii) at council offices in the locality of the land to which the order relates; and

(iii) at such other places as the authority may consider appropriate.

(3) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “ specified ” means specified in the requirement.

(4) The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i); but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

(5) Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (4) shall be complied with not less than 42 days before the expiration of the time specified in the notice.

(6) A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order.

(7) A notice required to be displayed by sub-paragraph (2)(c) at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

(8) At any time after the publication of a notice under this paragraph and before the expiration of the period specified in the notice for the making of representations and objections, any person may require the authority to inform him what documents (if any) were taken into account in preparing the order and—

(a) as respects any such documents in the possession of the authority, to permit him to inspect them and take copies; and

(b) as respects any such documents not in their possession, to give him any information the authority have as to where the documents can be inspected;

and on any requirement being made under this sub-paragraph the authority shall comply therewith within 14 days of the making of the requirement.

(9) Nothing in sub-paragraph [F125 (1)(c) or] (8) shall be construed as limiting [F126 the grounds which may be relied on or] the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 7 or 8.

Textual Amendments

F124 Words in Sch. 15 para. 3(1)(c) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(2) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

F125 Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(3)(a) ); S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

F126 Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(3)(b) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

Representations or objections made with respect to abandoned surveys or reviews E+W+S

4 (1) This paragraph applies where a survey begun under sections 27 to 32 of the 1949 Act, or a review begun under section 33 of that Act, is abandoned after a draft map and statement have been prepared. E+W+S

(2) If an order modifies the definitive map and statement so as—

(a) to show any particulars shown in the draft map and statement but not in the definitive map and statement; or

(b) to omit any particulars shown in the definitive map and statement but not in the draft map and statement,

any representation or objection duly made with respect to the showing in or omission from the draft map and statement of those particulars shall be treated for the purposes of paragraphs 6 and 7 as a representation or objection duly made with respect to the corresponding modifications made by the order.

Severance of orders E+W+S

5 (1) Where at any time representations or objections duly made and not withdrawn relate to some but not all of the modifications made by an order, the authority may, by notice given to the Secretary of State, elect that, for the purposes of the following provisions of this Schedule, the order shall have effect as two separate orders— E+W+S

(a) the one comprising the modifications to which the representations or objections relate; and

(b) the other comprising the remaining modifications.

(2) Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.

Unopposed orders E+W+S

6 (1) If no representations or objections are duly made, or if any so made are withdrawn, the authority may— E+W+S

(a) confirm the order without modification; or

(b) if they require any modification to be made, submit the order to the Secretary of State for confirmation by him.

(2) Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State may confirm the order with or without modifications.

Opposed orders E+W+S

7 (1) If any representation or objection duly made is not withdrawn the authority shall submit the order to the Secretary of State for confirmation by him. E+W

(2) Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall [F127 , subject to sub-paragraph (2A),] either—

(a) cause a local inquiry to be held; or

(b) afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

[F128 (2A) The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications.]

(3) On considering any representations or objections duly made and the report of [F129 any person appointed to hold an inquiry] or hear representations or objections, the Secretary of State may confirm the order with or without modifications.

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F127 Words in Sch. 15 para. 7(2) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(4) ; S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)

F128 Sch. 15 para. 7(2A) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(5) ; S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)

F129 Words in Sch. 15 para. 7(3) substituted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(6) : S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)

7 (1) If any representation or objection duly made is not withdrawn the authority shall submit the order to the Secretary of State for confirmation by him. S

(2) Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall either—

(a) cause a local inquiry to be held; or

(b) afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

(3) On considering any representations or objections duly made and the report of the person appointed to hold the inquiry or hear representations or objections, the Secretary of State may confirm the order with or without modifications.

Extent Information

E5 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Restriction on power to confirm orders with modifications E+W+S

8 (1) The Secretary of State shall not confirm an order with modifications so as— E+W

(a) to affect land not affected by the order;

(b) not to show any way shown in the order or to show any way not so shown; or

(c) to show as a highway of one description a way which is shown in the order as a highway of another description,

except after complying with the requirements of sub-paragraph (2).

(2) The said requirements are that the Secretary of State shall—

(a) give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal [F130 , which must include particulars of the grounds relied on,] may be made;

[F131 (b) if any representation or objection duly made is not withdrawn (but subject to sub-paragraph (3)), hold a local inquiry or afford any person by whom any such representation or objection has been made an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

(c) consider the report of any person appointed to hold an inquiry or to hear representations or objections.

(3) The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his proposal.

(4) Sub-paragraph (2)(a) shall not be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under this paragraph.]

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F130 Words in Sch. 15 para. 8(2)(a) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(7)(a) ; S.I. 2002/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

F131 Sch. 15 para. 8(2)(b)(c)(3)(4) substituted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) for Sch. 15 para. 8(2)(b)(c) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(7)(b) : S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

8 (1) The Secretary of State shall not confirm an order with modifications so as— S

(a) to affect land not affected by the order;

(b) not to show any way shown in the order or to show any way not so shown; or

(c) to show as a highway of one description a way which is shown in the order as a highway of another description,

except after complying with the requirements of sub-paragraph (2).

(2) The said requirements are that the Secretary of State shall—

(a) give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made;

(b) hold a local inquiry or afford any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

(c) consider the report of the person appointed to hold the inquiry or to hear representations or objections.

Extent Information

E6 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Local inquiries E+W+S

F132 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F132 Sch. 15 para. 9 omitted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by virtue of 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(8) and repealed (6.12.2006 for W. and otherwise prosp.) by 2000 c. 37 , ss. 102 , 103(3) , Sch. 16 Pt. II ; S.I. 2004/292 , art. 2(d)(iii) (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii) ; S.I. 2006/3257 , art. 2

Appointment of inspectors etc. E+W+S

10 (1) A decision of the Secretary of State under paragraph 6, 7 or 8 shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State. E+W+S

(2) The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3) Where the Secretary of State has appointed a person to make a decision under paragraph 6, 7 or 8 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4) Where by virtue of sub-paragraph (2) or (3) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

(5) Regulations under this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

[F133 Hearings and local inquiries] E+W

Textual Amendments

F133 Sch. 15 para. 10A and cross-heading inserted (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(8) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I 2005/1314, {art.2(a)}; S.I. 2005/2459 , art. 2(2)(b)(iii)

[F134 10A (1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the M6 Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to any hearing or local inquiry held under paragraph 7 or 8 [F135 in England] as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section. E+W

(2) In its application to a hearing or inquiry held under paragraph 7 or 8 by a person appointed under paragraph 10(1), subsection (5) of that section shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.

(3) Section 322A of the M7 Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) shall apply in relation to a hearing or local inquiry under paragraph 7 or 8 [F136 in England] as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.

[F137 (4) Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under paragraph 7 or 8 in Wales as it applies in relation to a hearing or inquiry mentioned in that section.]]

Textual Amendments

F134 Sch. 15 para. 10A and cross-heading inserted (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(8) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I 2005/1314, {art.2(a)}; S.I. 2005/2459 , art. 2(2)(b)(iii)

F135 Words in Sch. 15 para. 10A(1) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 7(a); S.I. 2016/52, art. 4(a) (with art. 17)

F136 Words in Sch. 15 para. 10A(3) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 7(b); S.I. 2016/52, art. 4(a) (with art. 17)

F137 Sch. 15 para. 10A(4) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 7(c); S.I. 2016/52, art. 4(a) (with art. 17)

Marginal Citations

M6 1972 c. 70 .

M7 1990 c. 8 .

Notice of final decisions on orders E+W+S

11 (1) As soon as practicable after a decision to confirm an order is made or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice— E+W+S

(a) describing the general effect of the order as confirmed and stating that it has been confirmed (with or without modification) and the date on which it took effect; and

(b) naming a place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours.

(2) A notice under sub-paragraph (1) shall be given—

(a) by publication in the manner required by paragraph 3(2)(a);

(b) by serving a like notice on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4); and

(c) by causing like notices to be displayed in the like manner as the notices required to be displayed under paragraph 3(2)(c).

(3) A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as confirmed as relates to that land or, as the case may be, the area of that authority; and, in the case of an order which has been confirmed with modifications, a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order as confirmed.

(4) As soon as practicable after a decision not to confirm an order or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4).

Proceedings for questioning validity of orders E+W+S

12 (1) If any person is aggrieved by an order which has taken effect and desires to question its validity on the ground that it is not within the powers of section 53 or 54 or that any of the requirements of this Schedule have not been complied with in relation to it, he may within 42 days from the date of publication of the notice under paragraph 11 make an application to the High Court under this paragraph. E+W+S

(2) On any such application the High Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant.

(3) Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatsoever.

Supplemental E+W+S

13 (1) The Secretary of State may, subject to the provisions of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders as appears to him to be expedient. E+W+S

(2) In this Schedule—

• “ council offices ” means offices or buildings acquired or provided by the authority or by a local authority;

• “ local authority ” means [F138 a non-metropolitan district council ] , a parish F139 . . . council or the parish meeting of a parish not having a separate parish council [F140 but, in relation to Wales, means a community council ] ;

• “ order ” means an order to which the provisions of this Schedule apply;

• “ prescribed ” means prescribed by regulations made by the Secretary of State.

(3) Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F138 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1) , ss. 1 , 2 , 7 , Sch. 3 para. 7(8)

F139 Words in Sch. 15 para. 13(2) repealed (1.4.1996) by 1994 c. 19 , s. 66(6)(8) , Sch. 16 para. 65(12) , Sch. 18 (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2

F140 Words in Sch. 15 para. 13(2) added (1.4.1996) by 1994 c. 19 , s. 66(6) , Sch. 16 para. 65(12) (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2

Section 63.

X7 SCHEDULE 16 E+W+S Orders Creating, Extinguishing or Diverting Footpaths or Bridleways

Editorial Information

X7 The text of Sch. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F141 1 —4. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Sch. 16 paras. 1–4 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2) , ss. 3 , 5 , Sch. 1 Pt. I ,Sch. 3

The Highways Act 1980 E+W+S

5 (1) In subsection (1) of section 119 of the Highways Act 1980 (diversion of footpaths and bridleways) for the words from the beginning to “or on to land” there shall be substituted the words “Where it appears to a council as respects a footpath or bridleway in their area (other than one that is a trunk road or a special road) that, in the interests of the owner, lessee or occupier of land crossed by the path or way or of the public, it is expedient that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or”. E+W+S

(2) In subsection (5) of that section for the words “the council may require the owner, lessee or occupier on whose representations they are acting” there sball be substituted the words “on the representations of an owner, lessee or occupier of land crossed by the path or way, the council may require him”.

6 (1) In sub-paragraphs (1)(b) and 2(b) of paragraph I of Schedule 6 to that Act (procedure as to certain orders relating to footpaths and bridleways) after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge”. E+W+S

(2) For sub-paragraph (3) of that paragraph there shall be substituted the following sub-paragraph—

“(3) The notices to be given under sub-paragraph (1) or (2) above shall be given—

(a) by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated ;

(b) by serving a like notice on—

(i) every owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977) of any of that land ;

(ii) every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land ;

(iii) every person on whom notice is required to be served in pursuance of sub-paragraph (3A) or (3B) below ; and

(iv) such other persons as may be prescribed in relation to the area in which that land is situated or as the authority or, as the case may be, the Secretary of State may consider appropriate ; and

(c) by causing a copy of the notice to be displayed in a prominent position—

(i) at the ends of so much of any footpath or bridleway as is created, stopped up or diverted by the order ;

(ii) at council offices in the locality of the land to which the order relates ; and

(iii) at such other places as the authority or, as the case may be, the Secretary of State may consider appropriate.”

(3) After that sub-paragraph there shall be inserted the following sub-paragraphs—

“(3A) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such public path creation orders, public path extinguishment orders and public path diversion orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “ specified ” means specified in the requirement.

(3B) Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders and draft public path diversion orders as are prepared bv the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “ specified ” means specified in the requirement.

(3C) The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub- paragraph (3)(b)(i) above ; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.”

(4) After sub-paragraph (4) of that paragraph there shall be inserted the following sub-paragraphs—

“(4A) Sub-paragraph (3)(b) and (c) and, where applicable, sub-paragraphs (3C) and (4) above shall be complied with not less than 28 days before the expiration of the time specified in the notice.

(4B) A notice required to be served by sub-paragraph (3)(b)(i), (ii) or (iv) above shall be accompanied by a copy of the order.

(4C) A notice required to be displayed by sub-paragraph (3)(c)(i) above at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

(4D) In sub-paragraph (3)(c)(ii) above “council offices” means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.”

7 E+W+S After paragraph 2 of that Schedule there shall be inserted the following paragraph—

“2A. (1) A decision of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State shall, except in such classes of case as may for the tim,- being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State ; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.

(2) The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) above and apart from this sub-paragraph, fahs to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3) Where the Secretary of State has appointed a person to make a decision under paragraph 2 above the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4) Where by virtue of sub-paragraph (2) or (3) above a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

(5) Provision may be made by regulations of the Secretary of State for the giving of publicity to any directions given by the Secretary of State under this paragraph.”

8 (1) In paragraph 4 of that Schedule after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge” and for heads (a) and (b) there shall be substituted the following heads— E+W+S

“(a) serve a like notice on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above ; and

(b) cause like notices to be displayed in the like manner as the notices caused to be displayed under paragraph 1(3)(c) above;”.

(2) That paragraph as so amended shall be renumbered as paragraph 4(1) of that Schedule and after that provision as so renumbered there shall be inserted the following sub-paragraphs—

“(2) A notice required to be served by sub-paragraph (1)(a) above, on—

(a) a person on whom notice was required to be served by paragraph 1(3)(b)(i) or (ii) above , or

(b) in the case of an order which has been confirmed or made with modifications, a person on whom notice was required to be served by paragraph 1(3)(b)(iv) above,

shall be accompanied by a copy of the order as confirmed or made.

(3) As soon as may be after a decision not to confirm an order to which this Schedule applies, the authority by whom the order was made shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above.”.

9 E+W+S After that paragraph there shall be inserted the following paragraph—

“4A. As soon as may be after an order to which this Schedule applies has come into operation otherwise than—

(a) on the date on which it was confirmed or made by the Secretary of State or confinned as an unopposed order ; or

(b) at the expiration of a specified period beginning with that date,

the authority by whom the order was made or, in the case of an order made by the Secretary of State, the Secretary of State shall give notice of its coming into operation by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.”

Supplemental E+W+S

10 (1) The amendments made by the foregoing provisions of this Schedule shall not apply in relation to any order if it was made or a draft thereof was prepared, or a notice relating to it was given under paragraph 1 of the relevant Schedule, before the commencement date. E+W+S

(2) Any reference in this paragraph to Schedule 6 to the M8 Highways Act 1980 includes a reference to that Schedule as applied by paragraph 3 of the provisions of Part I of Schedule 3 to the 1968 Act which relate to the M9 Acquisition of Land (Authorisation Procedure) Act 1946.

Marginal Citations

M8 1980 c. 66 .

M9 1946 c. 49 .

Section 73.

X8 SCHEDULE 17 U.K. Enactments repealed

Editorial Information

X8 The text of Sch. 17 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I U.K. Enactments repealed one month after the passing of this Act

Chapter	Short title	Extent of repeal
12, 13 & 14 Geo. 6. c. 97.	The National Parks and Access to the Countryside Act 1949.	Section 23.
1968 c. 41.	The Countryside Act 1968.	Section 14.
		In section 15(1) the words “which is not for the time being managed as a nature reserve but”.
1973 c. 37.	The Water Act 1973.	In section 22(3) the words “not being land for the time being managed as a nature reserve”.
1973 c. 54.	The Nature Conservancy Council Act 1973.	Section 3.
1973 c. 65.	The Local Government (Scotland) Act 1973.	In Schedule 27, in Part II, paragraph 101.
1980 c. 66.	The Highways Act 1980.	In section 134, subsection (3) and in subsection (5) the words “(3) or”.
		In section 135(1), the words “6 or” and “6 weeks or”.

Part II U.K. Enactments repealed on a day to be appointed

Chapter	Short title	Extent of repeal
2 & 3 Geo. 5. c. 14	The Protection of Animals (Scotland) Act 1912.	In section 9 the words “or any snare” and “or snare”.
12, 13 & 14 Geo. 6. c. 97.	The National Parks and Access to the Countryside Act 1949.	Sections 2 and 4.
		Sections 27 to 35.
		Section 38.
		Section 95.
2 & 3 Eliz. 2. c. 30.	The Protection of Birds Act 1954.	The whole Act.
1963 c. 33.	The London Government Act 1963.	In section 60, subsections (1) to (4).
1963 c. 36	The Deer Act 1963.	In Schedule 2, in paragraph 1 the words “of less guage than 12 bore” and in paragraph 4 the words from “other than” onwards.
1964 c. 59.	The Protection of Birds Act 1954 (Amendment) Act 1964.	The whole Act.
1967 c. 46.	The Protection of Birds Act 1967.	The whole Act.
1968 c. 41.	The Countryside Act 1968.	In section 1, subsection (4) and, in subsection (5), the words “and 2(1)” and the words “and in section 4(1)” onwards.
		Section 3.
		In Schedule 3, in Part I, the entry relating to the National Parks and Access to the Countryside Act 1949, and Parts II, III and IV.
1970 c. 30.	The Conservation of Seals Act 1970.	In section 10(1)(c), the word “or” immediately following sub-paragraph (ii).
1971 c. 23.	The Courts Act 1971.	In Schedule 8, paragraph 31.
		In Schedule 9, in Part II, the entry relating to section 31 of the National Parks and Access to the Countryside Act 1949.
1971 c. 78.	The Town and Country Planning Act 1971.	In Schedule 20, in paragraph 1(2)(a), the words “in the London Gazette and”.
1972 c. 70.	The Local Government Act 1972.	In Schedule 17, paragraphs 22 to 33.
		In Schedule 29, paragraph 37.
1973 c. 37.	The Water Act 1973.	In Schedule 8, paragraph 67.
1973 c. 54.	The Nature Conservancy Council Act 1973.	In section 5(3) the words from the beginning to “save as aforesaid”.
1973 c. 57.	The Badgers Act 1973.	Sections 6 and 7.
		Section 8(2)(c).
		In section 11, the definitions of “area of special protection” and “authorised person”.
1973 c. 65.	The Local Government (Scotland) Act 1973.	In Schedule 27, in Part II, paragraphs 115 and 168.
1975 c. 21.	The Criminal Procedure (Scotland) Act 1975.	In Schedule 7C, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975.
1975 c. 48.	The Conservation of Wild Creatures and Wild Plants Act 1975.	The whole Act.
1976 c. 16.	The Statute Law (Repeals) Act 1976.	In Schedule 2, in Part II, the entry relating to the Protection of Birds Act 1967.
1976 c. 72.	The Endangered Species (Import and Export) Act 1976.	Section 13(6).
1977 c. 45.	The Criminal Law Act 1977.	In Schedule 6, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975.
1979 c. 2.	The Customs and Excise Management Act 1979.	In Schedule 4, in paragraph 12, in the Table the entry relating to the Protection of Birds Act 1954.
1980 c. 66.	The Highways Act 1980.	In section 31(10) the words “or of that subsection” onwards.
		Section 340(2)(d).
1981 c. 22.	The Animal Health Act 1981.	In Schedule 5, paragraph 1.
1981 c. 37.	The Zoo Licensing Act 1981.	In section 4(5), the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975.