2013 No. 31
Wildlife

The Wildlife and Countryside Act 1981 (Variation of Schedules A1 and 1A) (Scotland) Order 2013

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 22(1)(a) of the Wildlife and Countryside Act 19811 and all other powers enabling them to do so.
In accordance with section 22(2A)2 of that Act, they have consulted Scottish Natural Heritage.
In accordance with section 26(4)(a)3 of that Act, they have given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order.

Citation, commencement and extent1.

(1)

This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedules A1 and 1A) (Scotland) Order 2013 and comes into force on 16th March 2013.

(2)

This Order extends to Scotland only.

Variation of Schedule A12.

In Schedule A14 to the Wildlife and Countryside Act 1981 (protected nests and nest sites: birds), the following entry is inserted as the first entry—

Common name

Scientific name

Eagle, Golden

Aquila chrysaetos

Variation of Schedule 1A3.

In Schedule 1A5 to the Wildlife and Countryside Act 1981 (birds which are protected from harassment), each of the following entries is inserted at the appropriate alphabetical place—

Common name

Scientific name

Eagle, Golden

Aquila chrysaetos

Harrier, Hen

Circus cyaneus

Kite, Red

Milvus milvus

PAUL WHEELHOUSE
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

Section 22(1)(a) of the Wildlife and Countryside Act 1981 (“the 1981 Act”) provides for the variation of Schedules A1 and 1A to that Act by order.

Article 2 of this Order adds the golden eagle to Schedule A1 to the 1981 Act, which currently includes only the white-tailed eagle.

In accordance with section 1(1)(ba) of that Act, it is an offence for any person intentionally or recklessly to take, damage, destroy or otherwise interfere with any nest habitually used by any wild bird included in that Schedule, at any time other than while the nest is in use or being built. In contrast, section 1(1)(b) provides that it is an offence intentionally or recklessly to take, damage, destroy or otherwise interfere with the nest of any wild bird while that nest is in use or being built.

Article 3 of this Order adds the birds listed in that article to Schedule 1A to the 1981 Act, which currently includes only the white-tailed eagle. Section 1(5B) of that Act provides that it is an offence for any person intentionally or recklessly to harass any wild bird included in that Schedule.

No business regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.