The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (England) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about the registration and ringing or marking requirements applicable to birds included in Schedule 4 to the Wildlife and Countryside Act 1981 (“the Act”). The Regulations revoke the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982 (S.I. 1982/1221) and amending instruments. The Regulations apply only in relation to birds kept in England or registered in accordance with these Regulations as a consequence of having been kept in England, and certain birds (merlin and peregrine falcon) entered on the register of birds in respect of which a CITES certificate has been issued (and consequently treated as registered by virtue of regulation 7(1)). (For “CITES”, see below).

Regulation 3 requires the Secretary of State to maintain a register of birds kept at any address in England for the purpose of section 7(1) of the Act. The Secretary of State must not register a bird unless satisfied that the bird has been ringed or marked in accordance with regulation 6. An application for registration on a form obtained from the Secretary of State must be made by the keeper or prospective keeper of the bird to which the application relates. Regulation 3(6) provides that the Secretary of State may refuse to register a bird if any fee determined under section 7(2A) of the Act has not been paid.

Regulation 4 specifies the circumstances in which registration ceases to have effect. Regulation 5 provides that, where a peregrine falcon or merlin has been registered on the register kept by the Secretary of State recording that a certificate referred to in Article 10 of EC Regulation No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ No L 161, 3.3.1997, p1) has been issued, it is to be treated as registered under these Regulations for the purpose of section 7 of the Act and the requirements of regulation 3 are to be considered as having been met for such birds. In relation to any peregrine falcon and merlin treated as registered by virtue of regulation 5, the provision for registration to cease to have effect is disapplied in certain circumstances with respect to the deemed registration. These circumstances are where the bird is disposed of (e.g. by sale); where the bird is kept by a person other than its registered keeper; and where the bird is no longer kept at its registered address.

Regulation 6 provides that every relevant bird must be ringed with a ring obtained from the Secretary of State unless it is marked in accordance with the requirements of EU Regulations which implement paragraph 7 of Article VI of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

No impact assessment has been produced in respect of these Regulations as no, or no significant, impact on the costs of the private, voluntary or public sectors is foreseen.