Wildlife and Countryside Act 1981

26 Regulations, orders, notices etc. E+W

(1) Any power to make regulations or orders under this Part shall be exercisable by statutory instrument.

(2) A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than sections 2(6), 3, 5 and 11, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) No order under section 5 or 11 shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(4) Before making any order under this Part, the Secretary of State—

(a) except in the case of an order under section 2(6), shall give to any local authority affected and, except in the case of an order under section 3, any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order;

(b) except in the case of an order under section 22(3), shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and

(c) may, if he thinks fit, cause a public inquiry to be held.

(5) Notice of the making of an order under this Part shall be published by the Secretary of State—

(a) if the order relates in whole or in part to England and Wales, in the London Gazette; and

(b) if the order relates in whole or in part to Scotland, in the Edinburgh Gazette.

(6) The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area.

[F1 (7) In this section references to orders do not include species control orders under Schedule 9A.]

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

F1 S. 26(7) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(6), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2; S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2

26 Regulations, orders, notices etc. S

(1) Any power to make regulations or orders under [F2 a provision of this Part other than section 14D] shall be exercisable by statutory instrument.

(2) A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than [F3 —

(a) an order under any of] sections 2(6), F4 ... 5 [F5 , 10A(4)] [F6 or] [F7 11(4)] [F8 ; and

(b) an order under section 22(1)(a) which removes from Part I of Schedule 2 black grouse, common pheasant, grey partridge, ptarmigan, red grouse or red-legged partridge,],

[F9 (d) an order under section 22(1)(a) which adds any bird to, or removes any bird from, Part 1B of Schedule 2,]

[F10 (e) regulations under section 16AA(14) or 16AE(5)][F11 ; and

(f) regulations under section 11(3CA),]

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) No [F12 —

(a)] order under section 5 or [F7 11(4)] [F13 ; or

(b) order under section 22(1)(a) which removes from Part I of Schedule 2 any bird referred to in paragraph (b) of subsection (2),]

[F14 (d) an order under section 22(1)(a) which adds any bird to, or removes any bird from, Part 1B of Schedule 2,]

[F15 (e) regulations under section 16AA(14) or 16AE(5)][F16 ; or

(f) regulations under section 11(3CA),]

shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(4) Before making any order under [F17 a provision of this Part other than section 14D], the Secretary of State—

(a) except in the case of an order under section 2(6) [F18 , 14, 14ZC, 14A or 14B], shall give to any local authority affected and F19 ... any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order;

[F20 (aa) in the case of an order under section 16A(5)(b), shall consult Scottish Natural Heritage;]

(b) except in the case of an order under section [F21 14, 14ZC, 14A, 14B,] [F22 16A(5)(b) or] [F23 22], shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and

(c) may [F24 except in the case of an order under section 16A(5)(b),], if he thinks fit, cause a public inquiry to be held.

[F25 (4A) The Scottish Ministers may make an order under section 14, 14ZC or 14A only where they have consulted—

(a) Scottish Natural Heritage; and

(b) any other person appearing to them to have an interest in the making of the order.

(4B) Subsection (4A) does not apply where the Scottish Ministers consider it necessary to make the order urgently and without consultation.]

(5) Notice of the making of an order under this Part [F26 other than an order under section 16A(5)(b),] shall be published by the Secretary of State—

(a) if the order relates in whole or in part to England and Wales, in the London Gazette; and

(b) if the order relates in whole or in part to Scotland, in the Edinburgh Gazette.

(6) The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area.

Extent Information

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

Textual Amendments

F2 Words in s. 26(1) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

F3 S. 26(2)(a) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F4 Word in s. 26(2) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(5)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)

F5 Word in s. 26(2) inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)

F6 Word in s. 26(2) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F7 Word in s. 26(2)(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 21(a); S.S.I. 2004/407, art. 2

F8 S. 26(2)(b) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F9 S. 26(2)(d) inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(3)(a), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2

F10 S. 26(2)(e) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(5)(a), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2

F11 S. 26(2)(f) and word inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(7)(a), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)

F12 Para reference (a) in s. 26(3) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(b)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F13 S. 26(3)(b) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(b)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F14 S. 26(3)(d) inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(3)(b), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2

F15 S. 26(3)(e) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(5)(b), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2

F16 S. 26(3)(f) and word inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(7)(b), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)

F17 Words in s. 26(4) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(b)(i), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

F18 Words in s. 26(4)(a) inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(b)(ii), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(b)(i); S.S.I. 2012/175, art. 2(1)(c)

F19 Words in s. 26(4)(a) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(5)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)

F20 S. 26(4)(aa) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)

F21 Words in s. 26(4)(b) inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(b)(iii), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(b)(i); S.S.I. 2012/175, art. 2(1)(c)

F22 Words in s. 26(4)(b) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)

F23 Word in s. 26(4)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 21(b); S.S.I. 2004/407, art. 2

F24 Words in s. 26(4)(c) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)

F25 S. 26(4A)(4B) inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(c), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(b)(ii); S.S.I. 2012/175, art. 2(1)(c)

F26 Words in s. 26(5) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)