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Explanatory Note

(This note is not part of the Regulations )

These Regulations, which extend to England and Wales, amend Part 1 of the Wildlife and Countryside Act 1981 (“the Act”), which transposes in part Council Directive 79/409/EEC on the conservation of wild birds (O.J. No. L103, 25.04.1979, p.1).

The Regulations amend the definition of “wild bird” in section 27 of the Act which now includes any species which is ordinarily resident in or is a visitor to the European Territory of any member State. Regulation 3 makes consequential changes to the defence provided under section 1(3) of the Act.

Regulations 1 and 5 ensure that the amendments to Part 1 of the Act apply in relation to England only as the conservation of natural habitats and of wild fauna and flora is a devolved matter as regards Wales.

A Transposition Note is available for the Regulations and can be found on the website of the Department for Environment, Food and Rural Affairs, www.defra.gov.uk.