Wildlife and Countryside Act 1981

1981 CHAPTER 69

An Act to repeal and re-enact with amendments the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975; to prohibit certain methods of killing or taking wild animals; to amend the law relating to protection of certain mammals; to restrict the introduction of certain animals and plants; to amend the Endangered Species (Import and Export) Act 1976; to amend the law relating to nature conservation, the countryside and National Parks and to make provision with respect to the Countryside Commission; to amend the law relating to public rights of way; and for connected purposes.

[30th October 1981]

Modifications etc. (not altering text)

C1 Act amended (1.4.1996) by S.I. 1996/593, reg. 2 , Sch. 1

Act: certain functions transferred (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(1), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)

Part I U.K. Wildlife

Protection of birds [F1 and prevention of poaching] E+W+S

Textual Amendments

F1 Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

1 Protection of wild birds, their nests and eggs. E+W

(1) Subject to the provisions of this Part, if any person intentionally—

(a) kills, injures or takes any wild bird;

[F2 (aa) takes, damages or destroys the nest of a wild bird included in Schedule ZA1;]

(b) takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or

(c) takes or destroys an egg of any wild bird,

he shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any person has in his possession or control—

(a) any live or dead wild bird or any part of, or anything derived from, such a bird; or

(b) an egg of a wild bird or any part of such an egg,

he shall be guilty of an offence.

(3) A person shall not be guilty of an offence under subsection (2) if he shows that—

(a) the bird or egg had not been killed or taken, or had been [F3 lawfully] killed or taken F4 . . . ; or

(b) the bird, egg or other thing in his possession or control had been [F5 lawfully] sold (whether to him or any other person) F6 . . . ;

F7 . . .

[F8 (3ZA) A person shall not be guilty of an offence under subsection (2)(b) if the person shows that the egg, or the part of the egg, was in any person’s possession or control before 28th September 1982.]

[F9 (3A) In subsection (3) “lawfully” means without any contravention of—

(a) this Part and orders made under it,

(b) the Protection of Birds Acts 1954 to 1967 F10 and orders made under those Acts,

(c) any other legislation which implements [F11 the Wild Birds Directive] and extends to any part of the United Kingdom, to any area designated in accordance with section 1(7) of the Continental Shelf Act 1964 F12 , or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 F13 , and

(d) the provisions of the law of any member State (other than the United Kingdom) implementing [F14 the Wild Birds Directive].]

(4) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to the provisions of this Part, if any person intentionally [F16 or recklessly]—

(a) disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or

(b) disturbs dependent young of such a bird,

he shall be guilty of an offenceF17 . . . .

[F18 (6) For the purposes of this section the definition of “wild bird” in section 27(1) is to be read as not including any bird which is shown to have been bred in captivity unless it has been lawfully released into the wild as part of a re-population or re-introduction programme.

(6A) “ Re-population ” and “ re-introduction ” have the same meaning as in [F19 the Wild Birds Directive ].]

(7) Any reference in this Part to any bird included in Schedule 1 is a reference to any bird included in Part I and, during the close season for the bird in question, any bird included in Part II of that Schedule.

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

F2 S. 1(1)(aa) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(2),107; S.I. 2006/1382, art. 2

F3 Word in s. 1(3)(a) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(a)(i)} and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(a)(i)

F4 Words in s. 1(3)(a) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(a)(ii)} and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(a)(ii)

F5 Word in s. 1(3)(b) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(b)(i)} and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(b)(i)

F6 Words in s. 1(3)(b) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(b)(ii)} and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(b)(ii)

F7 Words in s. 1(3) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(c)} and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(c)

F8 S. 1(3ZA) inserted (E.W.) (6.4.2016) by The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/127), regs. 1(2), 2(2)

F9 S. 1(3A) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(d)} and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(d)

F10 1954 c. 30; 1964 c. 59; 1967 c. 46.

F11 Words in s. 1(3A)(c) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(a)(i)

F12 1964 c. 29.

F13 1976 c. 86.

F14 Words in s. 1(3A)(d) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats,  & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(a)(ii)

F15 S. 1(4) repealed (30.1.2001 for E.W and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F16 Words in s. 1(5) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 1 and inserted by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(5); S.S.I. 2004/407, art. 2

F17 Words in s. 1(5) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F18 S. 1(6)(6A) substituted (E.W.) (1.10.2006) for s. 1(6) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 48(1),107; S.I. 2006/2541, art. 2

F19 Words in s. 1(6A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats,  & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(b)

1 Protection of wild birds, their nests and eggs. S

(1) Subject to the provisions of this Part, if any person intentionally [F654 or recklessly]—

(a) kills, injures or takes any wild bird;

(b) takes, damages [F655 , destroys or otherwise interferes with] the nest of any wild bird while that nest is in use or being built; or

[F656 (ba) at any other time takes, damages, destroys or otherwise interferes with any nest habitually used by any wild bird included in Schedule A1;

(bb) obstructs or prevents any wild bird from using its nest;]

(c) takes or destroys an egg of any wild bird,

he shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any person has in his possession or control—

(a) any live or dead wild bird or any part of, or anything derived from, such a bird; or

(b) an egg of a wild bird or any part of such an egg,

he shall be guilty of an offence.

(3) A person shall not be guilty of an offence under subsection (2) if he shows that—

(a) the bird or egg had not been killed or taken, or had been killed or taken [F657 at or from a place in Scotland] otherwise than in contravention of the relevant provisions; F658 . . .

(b) the bird, egg or other thing in his possession or control had been sold [F659 at a place in Scotland](whether to him or any other person) otherwise than in contravention of those provisions; [F660 ; or

(c) that the bird, egg or other thing in his possession or control had been killed at, taken from or sold at a place outwith Scotland and—

(i) that the act of killing, taking or sale would not, if it had been committed in Scotland, have been in contravention of the relevant provisions; or

(ii) that the bird, egg or other thing had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations.]

F661 . . .

[F662 (3A) In subsection (3)—

• “ the relevant provisions ” means such of the provisions of—

  (a)

  the Protection of Birds Acts 1954 to 1967 and orders made under those Acts, and

  (b)

  this Part and orders made under it,

  as were in force at the time when the bird or egg was killed or taken or, as the case may be, the bird, egg or other thing was sold,

• “the relevant regulations” means—

  (a)

  Council Regulation 338/97/ EC on the protection of species of wild fauna and flora by regulating trade, and

  (b)

  Commission Regulation 1808/2001/ EC on the implementation of that Council Regulation,

  as amended from time to time (or any [F200 EU] instrument replacing either of them).]

(4) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to the provisions of this Part, if any person intentionally [F16 or recklessly]—

(a) disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or

(b) disturbs dependent young of such a bird,

he shall be guilty of an offenceF17 . . . .

[F663 (5A) Subject to the provisions of this Part, any person who intentionally or recklessly disturbs any wild bird included in Schedule 1 which leks while it is doing so shall be guilty of an offence.

(5B) Subject to the provisions of this Part, any person who intentionally or recklessly harasses any wild bird included in Schedule 1A shall be guilty of an offence.

(5C) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section shall be guilty of an offence.]

[F664 (6) For the purposes of this section, the definition of “wild bird” in section 27(1) is to be read as not including any bird which is shown to have been bred in captivity unless—

(a) it has been lawfully released or allowed to escape from captivity as part of a re-population or re-introduction programme; or

(b) it is a mallard, grey or red-legged partridge, common pheasant or red grouse which is no longer in captivity and is not in a place where it was reared.]

(7) Any reference in this Part to any bird included in Schedule 1 is a reference to any bird included in Part I and, during the close season for the bird in question, any bird included in Part II of that Schedule.

Extent Information

E32 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F15 S. 1(4) repealed (30.1.2001 for E.W and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F16 Words in s. 1(5) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 1 and inserted by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(5); S.S.I. 2004/407, art. 2

F17 Words in s. 1(5) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F200 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

F654 Words in s. 1(1) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(a); S.S.I. 2004/407, art. 2

F655 Words in s. 1(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(b); S.S.I. 2004/407, art. 2

F656 S. 1(1)(ba)(bb) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(c); S.S.I. 2004/407, art. 2

F657 Words in s. 1(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(a); S.S.I. 2004/407, art. 2

F658 Word in s. 1(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(b); S.S.I. 2004/407, art. 2

F659 Words in s. 1(3)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(c); S.S.I. 2004/407, art. 2

F660 S. 1(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(d); S.S.I. 2004/407, art. 2

F661 Words in s. 1(3) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(e); S.S.I. 2004/407, art. 2

F662 S. 1(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(4); S.S.I. 2004/407, art. 2

F663 S. 1(5A)-(5C) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(6); S.S.I. 2004/407, art. 2

F664 S. 1(6) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

2 Exceptions to s. 1. E+W

(1) Subject to the provisions of this section, a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.

(2) Subject to the provisions of this section, an authorised person shall not be guilty of an offence under section 1 by reason of—

(a) the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;

(b) the taking, damaging or destruction of a nest of such a bird; or

(c) the taking or destruction of an egg of such a bird.

(3) Subsections (1) and (2) shall not apply in Scotland on Sundays or on Christmas Day; and subsection (1) shall not apply on Sundays in any area of England and Wales which the Secretary of State may by order prescribe for the purposes of that subsection.

(4) In this section and section 1 “close season” means—

(a) in the case of capercaillie and (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September;

(b) in the case of snipe, the period in any year commencing with 1st February and ending with 11th August;

(c) in the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August;

(d) in any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August.

(5) The Secretary of State may by order made with respect to the whole or any specified part of Great Britain vary the close season for any wild bird specified in the order.

(6) If it appears to the Secretary of State expedient that any wild birds included in Part II of Schedule 1 or Part I of Schedule 2 should be protected during any period outside the close season for those birds, he may by order made with respect to the whole or any specified part of Great Britain declare any period (which shall not in the case of any order exceed fourteen days) as a period of special protection for those birds; and this section and section 1 shall have effect as if any period of special protection declared under this subsection for any birds formed part of the close season for those birds.

(7) Before making an order under subsection (6) the Secretary of State shall consult a person appearing to him to be a representative of persons interested in the shooting of birds of the kind proposed to be protected by the order.

Extent Information

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

Modifications etc. (not altering text)

C2 S.2(6): Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C3 S. 2(6) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

2 Exceptions to s. 1[F665 : acts by certain persons outside close season]. S

(1) Subject to the provisions of this section [F666 where subsection (1A) applies], a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.

[F667 (1A) This subsection applies where—

(a) the person who kills or injures had—

(i) a legal right to kill such a bird; or

(ii) permission, from a person who had a right to give permission, to kill such a bird; or

(b) the person who takes had—

(i) a legal right to take such a bird; or

(ii) permission, from a person who had a right to give permission, to take such a bird.]

(2) F668 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F669 Subsection (1)] shall not apply in Scotland on Sundays or on Christmas Day [F670 in relation to those birds included in Part I of Schedule 2 which are also included in Part IA of that Schedule]; and subsection (1) shall not apply on Sundays in any area of England and Wales which the Secretary of State may by order prescribe for the purposes of that subsection.

[F671 (3A) Subject to the provisions of this section, where subsection (3B) applies a person does not commit an offence under section 1 by reason of the taking for the purposes of breeding of—

(a) a partridge or pheasant included in Part I of Schedule 2; or

(b) an egg of such a bird.

(3B) This subsection applies where—

(a) the person who takes does so during the period of 28 days commencing with the first day of the close season for the bird; and

(b) the person who takes had—

(i) a legal right to take such a bird; or

(ii) permission, from a person who had a right to give permission, to take such a bird.

(3C) A person does not commit an offence under section 1 by reason of the taking of a red grouse if—

(a) the grouse is taken—

(i) for the purpose of preventing the spread of disease; and

(ii) with the intention of releasing it from captivity after no more than 12 hours; and

(b) the person had—

(i) a legal right to take such a grouse; or

(ii) permission, from a person who had a right to give permission, to take such a grouse.]

(4) In [F672 section 1, this section and section 6] “close season” means—

(a) in the case of [F673 capercaillie and] (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September;

(b) in the case of snipe, the period in any year commencing with 1st February and ending with 11th August;

[F674 (ba) in the case of pheasant, the period in any year commencing with 2nd February and ending with 30th September;

(bb) in the case of partridge, the period in any year commencing with 2nd February and ending with 31st August;]

(c) in the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August;

[F675 (ca) in the case of black grouse, the period commencing with 11th December in any year and ending with 19th August in the following year;

(cb) in the case of ptarmigan and red grouse, the period commencing with 11th December in any year and ending with 11th August in the following year;]

(d) in any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August.

(5) The Secretary of State may by order made with respect to the whole or any specified part of Great Britain vary the close season for any wild bird specified in the order.

(6) If it appears to the Secretary of State expedient that any wild birds included in Part II of Schedule 1 or Part I of Schedule 2 should be protected during any period outside the close season for those birds, he may by order made with respect to the whole or any specified part of Great Britain declare any period (which shall not in the case of any order exceed fourteen days) as a period of special protection for those birds; and [F676 section 1, this section and section 6] shall have effect as if any period of special protection declared under this subsection for any birds formed part of the close season for those birds.

(7) Before making an order under subsection (6) the Secretary of State shall consult [F677 such persons] appearing to him to be a representative of persons interested in the shooting of birds of the kind proposed to be protected by the order [F678 as he considers appropriate].

Extent Information

E33 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F665 Words in s. 2 title added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F666 Words in s. 2(1) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F667 S. 2(1A) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(c), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F668 S. 2(2) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 3(a); S.S.I. 2004/407, art. 2

F669 Words in s. 2(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 3(b); S.S.I. 2004/407, art. 2

F670 Words in s. 2(3) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F671 S. 2 inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(e), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F672 Words in s. 2(4) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(2)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)

F673 Words in s. 2(4)(a) omitted (S.) (4.11.2001) by virtue of S.S.I. 2001/337, reg. 2(2)

F674 S. 2(4)(ba)(bb) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(f)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F675 S. 2(4)(ca)(cb) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(f)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F676 Words in s. 2(6) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)

F677 Words in s. 2(7) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(g)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

F678 Words in s. 2(7) added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(g)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

Modifications etc. (not altering text)

C3 S. 2(6) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

3 Areas of special protection. E+W

(1) The Secretary of State may by order make provision with respect to any area specified in the order providing for all or any of the following matters, that is to say—

(a) that any person who, within that area or any part of it specified in the order, at any time or during any period so specified, intentionally—

(i) kills, injures or takes any wild bird or any wild bird so specified;

(ii) takes, damages or destroys the nest of such a bird while that nest is in use or being built;

(iii) takes or destroys an egg of such a bird;

(iv) disturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; or

(v) disturbs dependent young of such a bird,

shall be guilty of an offence under this section;

(b) that any person who, except as may be provided in the order, enters into that area or any part of it specified in the order at any time or during any period so specified shall be guilty of an offence under this section;

(c) that where any offence under this Part, or any such offence under this Part as may be specified in the order, is committed within that area, [F20 the offence shall be treated as falling within section 7(3A)].

(2) An authorised person shall not by virtue of any such order be guilty of an offence by reason of—

(a) the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;

(b) the taking, damaging or destruction of the nest of such a bird;

(c) the taking or destruction of an egg of such a bird; or

(d) the disturbance of such a bird or dependent young of such a bird.

(3) The making of any order under this section with respect to any area shall not affect the exercise by any person of any right vested in him, whether as owner, lessee or occupier of any land in that area or by virtue of a licence or agreement.

(4) Before making any order under this section the Secretary of State shall give particulars of the intended order either by notice in writing to every owner and every occupier of any land included in the area with respect to which the order is to be made or, where the giving of such a notice is in his opinion impracticable, by advertisement in a newspaper circulating in the [F21 locality] in which that area is situated.

(5) The Secretary of State shall not make an order under this section unless—

(a) all the owners and occupiers aforesaid have consented thereto;

(b) no objections thereto have been made by any of those owners or occupiers before the expiration of a period of three months from the date of the giving of the notice or the publication of the advertisement; or

(c) any such objections so made have been withdrawn.

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

F20 Words in s. 3(1)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 2

F21 Word in s. 3(4) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F679 3 Areas of special protection. S

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

Extent Information

E34 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F679 S. 3 repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(2), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)

4 Exceptions to ss. 1 and 3. E+W

(1) Nothing in section 1 or in any order made under section 3 shall make unlawful—

(a) anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M1 Agriculture Act 1947, or by the Secretary of State under section 39 of the M2 Agriculture (Scotland) Act 1948;

(b) anything done under, or in pursuance of an order made under, section 21 or 22 of the M3 Animal Health Act 1981; or

(c) except in the case of a wild bird included in Schedule [F22 ZA1 or] 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.

(2) Notwithstanding anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of—

(a) the taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

(b) the killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

(c) any act made unlawful by those provisions if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.

(3) Notwithstanding anything in the provisions of section 1 or any order made under section 3, an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of—

(a) preserving public health or public or air safety;

(b) preventing the spread of disease; or

(c) preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, [F23 , fisheries or inland waters].

[F24 (4) An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection (3)(c) unless he shows that as regards that purpose, there was no other satisfactory solution.

(5) An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time for any purpose mentioned in that paragraph if it had become apparent, before that time, that that action would prove necessary for that purpose and either—

(a) a licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; or

(b) an application by him for such a licence had been determined.

(6) An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action.]

Extent Information

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

Textual Amendments

F22 Words in s. 4(1)(c) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(4)(a),107; S.I. 2006/1382, art. 2

F23 Words in s. 4(3)(c) substituted (30.11.1995) by S.I. 1995/2825, reg. 2(1)

F24 S. 4(4)-(6) inserted (30.11.1995) by S.I. 1995/2825, reg. 2(2)

Marginal Citations

M1 1947 c. 48.

M2 1948 c. 45.

M3 1981 c. 22.

4 [F680 Further exceptions to s. 1] S

(1) Nothing in section 1 F681 ... shall make unlawful—

(a) anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M1 Agriculture Act 1947, or by the Secretary of State under section 39 of the M2 Agriculture (Scotland) Act 1948;

(b) anything done under, or in pursuance of an order made under, section 21 or 22 of the M3 Animal Health Act 1981; or

(c) except in the case of a wild bird included in Schedule 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.

(2) Notwithstanding anything in the provisions of section 1 F682 ..., a person shall not be guilty of an offence by reason of—

(a) the taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

(b) the killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

(c) any act made unlawful by those provisions [F683 (an unlawful act if he shows that each of the conditions specified in subsection (2A) was satisfied in relation to the carrying out of the unlawful act.]

[F684 (2A) Those conditions are—

(a) that the unlawful act was the incidental result of a lawful operation or other activity;

(b) that the person who carried out the lawful operation or other activity—

(i) took reasonable precautions for the purpose of avoiding carrying out the unlawful act; or

(ii) did not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; and

(c) that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent to the person, such steps as were reasonably practicable in the circumstances to minimise the damage or disturbance to the wild bird, nest or, as the case may be, egg in relation to which the unlawful act was carried out.]

(3) Notwithstanding anything in the provisions of section 1 F685 ..., an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of—

(a) preserving public health or public or air safety;

(b) preventing the spread of disease; or

(c) preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, [F23 , fisheries or inland waters].

[F24 (4) An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection [F686 (3)] unless he shows that as regards that purpose, there was no other satisfactory solution.

(5) An authorised person shall not be entitled to rely on the defence provided by subsection [F687 (3)] as respects any action taken at any time for any purpose mentioned in that [F688 subsection] if it had become apparent, before that time, that that action would prove necessary for that purpose and either—

(a) a licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; or

(b) an application by him for such a licence had been determined.

(6) An authorised person shall not be entitled to rely on the defence provided by subsection [F689 (3)] as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action.]

Extent Information

E35 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F23 Words in s. 4(3)(c) substituted (30.11.1995) by S.I. 1995/2825, reg. 2(1)

F24 S. 4(4)-(6) inserted (30.11.1995) by S.I. 1995/2825, reg. 2(2)

F680 S. 4 heading substituted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)

F681 Words in s. 4(1) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)

F682 Words in s. 4(2) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(c), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)

F683 Words in s. 4(2)(c) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(2); S.S.I. 2004/407, art. 2

F684 S. 4(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(3); S.S.I. 2004/407, art. 2

F685 Words in s. 4(3) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(c), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)

F686 Words in s. 4(4) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(4); S.S.I. 2004/407, art. 2

F687 Words in s. 4(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(5)(a); S.S.I. 2004/407, art. 2

F688 Word in s. 4(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(5)(b); S.S.I. 2004/407, art. 2

F689 Words in s. 4(6) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(6); S.S.I. 2004/407, art. 2

Marginal Citations

M1 1947 c. 48.

M2 1948 c. 45.

M3 1981 c. 22.

5 Prohibition of certain methods of killing or taking wild birds. E+W

(1) Subject to the provisions of this Part, if any person—

(a) sets in position any of the following articles, being an article which is of such a nature and is so placed as to be calculated to cause bodily injury to any wild bird coming into contact therewith, that is to say, any springe, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance;

(b) uses for the purpose of killing or taking any wild bird any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net, baited board, bird-lime or substance of a like nature to bird-lime;

(c) uses for the purpose of killing or taking any wild bird—

(i) any bow or crossbow;

(ii) any explosive other than ammunition for a firearm;

(iii) any automatic or semi-automatic weapon;

(iv) any shot-gun of which the barrel has an internal diameter at the muzzle of more than one and three-quarter inches;

(v) any device for illuminating a target or any sighting device for night shooting;

(vi) any form of artificial lighting or any mirror or other dazzling device;

(vii) any gas or smoke not falling within paragraphs (a) and (b); or

(viii) any chemical wetting agent;

(d) uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; F25 . . .

(e) uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, [F26 ; or

(f) knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection and which is not lawful under subsection (5),]

he shall be guilty of an offenceF27 . . . .

(2) Subject to subsection (3), the Secretary of State may by order, either generally or in relation to any kind of wild bird specified in the order, amend subsection (1) by adding any method of killing or taking wild birds or by omitting any such method which is mentioned in that subsection.

(3) The power conferred by subsection (2) shall not be exerciseable, except for the purpose of complying with an international obligation, in relation to any method of killing or taking wild birds which involves the use of a firearm.

(4) In any proceedings under subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to wild birds.

F28 [(4A) In any proceedings under subsection (1)(f) relating to an act which is mentioned in subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to wild birds.]

(5) Nothing in subsection (1) shall make unlawful—

(a) the use of a cage-trap or net by an authorised person for the purpose of taking a bird included in Part II of Schedule 2;

(b) the use of nets for the purpose of taking wild duck in a duck decoy which is shown to have been in use immediately before the passing of the M4 Protection of Birds Act 1954; or

(c) the use of a cage-trap or net for the purpose of taking any game bird if it is shown that the taking of the bird is solely for the purpose of breeding;

but nothing in this subsection shall make lawful the use of any net for taking birds in flight or the use for taking birds on the ground of any net which is projected or propelled otherwise than by hand.

Extent Information

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

Textual Amendments

F25 Word "or" in s. 5(1)(d) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(2), 3(3).

F26 Word "or" and s. 5(1)(f) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(3), 3(3).

F27 Words in s. 5(1) repealed (30.1.2001 for E.W. and 26.3.2002 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F28 S. 5(4A) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(4), 3(3).

Marginal Citations

M4 1954 c. 30.

5 Prohibition of certain methods of killing or taking wild birds. S

(1) Subject to the provisions of this Part, if any person—

(a) sets in position any of the following articles, being an article which is of such a nature and is so placed as to be [F690 likely] to cause bodily injury to any wild bird coming into contact therewith, that is to say, any springe, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance;

(b) uses for the purpose of killing or taking any wild bird any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net, baited board, bird-lime or substance of a like nature to bird-lime;

(c) uses for the purpose of killing or taking any wild bird—

(i) any bow or crossbow;

(ii) any explosive other than ammunition for a firearm;

(iii) any automatic or semi-automatic weapon;

(iv) any shot-gun of which the barrel has an internal diameter at the muzzle of more than one and three-quarter inches;

(v) any device for illuminating a target or any sighting device for night shooting;

(vi) any form of artificial lighting or any mirror or other dazzling device;

(vii) any gas or smoke not falling within paragraphs (a) and (b); or

(viii) any chemical wetting agent;

(d) uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; F25 . . .

(e) uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, [F26 ; or

(f) knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection and which is not lawful under subsection (5),]

he shall be guilty of an offenceF27 . . . .

(2) Subject to subsection (3), the Secretary of State may by order, either generally or in relation to any kind of wild bird specified in the order, amend subsection (1) by adding any method of killing or taking wild birds or by omitting any such method which is mentioned in that subsection.

(3) The power conferred by subsection (2) shall not be exerciseable, except for the purpose of complying with an international obligation, in relation to any method of killing or taking wild birds which involves the use of a firearm.

(4) In any proceedings under subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to wild birds.

F28 [(4A) In any proceedings under subsection (1)(f) relating to an act which is mentioned in subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to wild birds.]

(5) Nothing in subsection (1) shall make unlawful—

(a) F691 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F691 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the use of a cage-trap or net for the purpose of taking any [F692 grouse, mallard, partridge or pheasant included in Part I of Schedule 2] if it is shown that the taking of the bird is solely for the purpose of breeding;

but nothing in this subsection shall make lawful the use of any net for taking birds in flight or the use for taking birds on the ground of any net which is projected or propelled otherwise than by hand.

Extent Information

E36 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F25 Word "or" in s. 5(1)(d) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(2), 3(3).

F26 Word "or" and s. 5(1)(f) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(3), 3(3).

F27 Words in s. 5(1) repealed (30.1.2001 for E.W. and 26.3.2002 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F28 S. 5(4A) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(4), 3(3).

F690 Word in s. 5(1)(a) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 6(a); S.S.I. 2004/407, art. 2

F691 S. 5((5)(a)(b) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 6(b); S.S.I. 2004/407, art. 2

F692 Words in s. 5(5)(c) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(5), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

6 Sale etc. of live or dead wild birds, eggs etc. E+W

(1) Subject to the provisions of this Part, if any person—

(a) sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live wild bird other than a bird included in Part I of Schedule 3, or an egg of a wild bird or any part of such an egg; or

(b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any personF29 . . . —

(a) sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any dead wild bird other than a bird included in Part II or III of Schedule 3, or any part of, or anything derived from, such a wild bird; or

(b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(3) Subject to the provisions of this Part, if any person shows or causes or permits to be shown for the purposes of any competition or in any premises in which a competition is being held—

(a) any live wild bird other than a bird included in Part I of Schedule 3; or

(b) any live bird one of whose parents was such a wild bird,

he shall be guilty of an offence.

(4) F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31 (5) Any reference in this section to any bird included in Part 1 of Schedule 3 is a reference to any bird included in that Part which—

(a) was bred in captivity,

(b) has been ringed or marked in accordance with regulations made by the Secretary of State, and

(c) has not been lawfully released into the wild as part of a re-population or re-introduction programme.

(5A) “ Re-population ” and “ re-introduction ” have the same meaning as in [F32 the Wild Birds Directive].

(5B) Regulations made for the purposes of subsection (5)(b) may make different provision for different birds or different provisions of this section.]

(6) Any reference in this section to any bird included in Part II or III of Schedule 3 is a reference to any bird included in Part II and, during the period commencing with 1st September in any year and ending with 28th February of the following year, any bird included in Part III of that Schedule.

(7) F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8A) F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

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

Textual Amendments

F29 Words in s. 6(2) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 3, Sch. 16 Pt. IV (with Sch. 12 para. 10(6))

F30 S. 6(4) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F31 S. 6(5)-(5B) substituted (E.W.) (1.10.2006) for s. 6(5) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 48(2), 107; S.I. 2006/2541, art. 2

F32 Words in s. 6(5A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats,  & c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(3)}

F33 S. 6(7)-(10) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))

6 Sale etc. of live or dead wild birds, eggs etc. S

(1) Subject to the provisions of this Part, if any person—

(a) sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live wild bird F693 ..., or an egg of a wild bird or any part of such an egg [F694 other than—

(i) a bird included in Part I of Schedule 3 (see also subsection (5));

(ii) a bird included in Part 1A of that Schedule to which subsection (1A) applies; or

(iii) an egg to which subsection (1B) applies or any part of such an egg]; or

(b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

[F695 (1A) This subsection applies to a bird which—

(a) was bred in captivity and remained in captivity or a place where it was reared;

(b) was a wild bird for the purposes of section 1 (see section 1(6)) and was taken by a person who had a legal right to take such a bird or a person with permission, from a person who had a right to give permission, to take such a bird outside the close season for the bird; or

(c) was such a wild bird of the following type and was taken by a person with such right or permission during the period of 28 days which commences with the first day of its close season––

(i) a partridge included also in Part I of Schedule 2; or

(ii) a pheasant included also in that Part.

(1B) This subsection applies to the following eggs—

(a) an egg of a bird included in Part IA of Schedule 3 to which subsection (1A) applies; or

(b) an egg of a bird included in Part IA of Schedule 3 to which that subsection does not apply if the egg was taken—

(i) outside the close season for the bird or during the period of 28 days commencing with the first day of its close season; and

(ii) by a person who had a legal right to take such a bird or a person with permission, from a person who had a right to give permission, to take such a bird.]

(2) Subject to the provisions of this Part, if any person who is not for the time being registered in accordance with regulations made by the Secretary of State—

(a) sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any dead wild bird other than a bird included in Part II [F696 , IIA] or III of Schedule 3 [F697 (see also subsections (5B) and (6))], or any part of, or anything derived from, such a wild bird; or

(b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

[F698 (2A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section (other than subsections (1)(b) and (2)(b)) shall be guilty of an offence.]

(3) Subject to the provisions of this Part, if any person shows or causes or permits to be shown for the purposes of any competition or in any premises in which a competition is being held—

(a) any live wild bird other than a bird included in Part I of Schedule 3; or

(b) any live bird one of whose parents was such a wild bird,

he shall be guilty of an offence.

(4) F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F699 (5) Any reference in this section to any bird included in Part I of Schedule 3 is a reference to any bird included in that Part which—

(a) was bred in captivity;

(b) has been ringed or marked in accordance with regulations made by the Scottish Ministers; and

(c) has not been lawfully released or allowed to escape from captivity as part of a re-population or re-introduction programme.

(5A) Regulations made for the purposes of subsection (5)(b) may make different provision for different birds or different provisions of this section.]

[F700 (5B) Any reference in this section to any bird included in Part IIA of Schedule 3 is a reference to any bird included in that Part which was killed outside the close season for the bird by a person who had a legal right to kill such a bird or permission, from a person who had a right to give permission, to kill such a bird.]

[F701 (6) Any reference in this section to any bird included in Part III of Schedule 3 is a reference, during the period commencing with 1st September in any year and ending with 28th February of the following year, to any bird included in that Part.]

(7) The power of the Secretary of State to make regulations under subsection (2) shall include power—

(a) to impose requirements as to the carrying out by a person registered in accordance with the regulations of any act which, apart from the registration, would constitute an offence under this section; and

(b) to provide that any contravention of the regulations shall constitute such an offence.

(8) Regulations under subsection (2) shall secure that no person shall become or remain registered [F702 within five years of his having been convicted of—

(a) an offence under this Part (being an offence relating to the protection of birds or other animals); or

(b) any other offence involving their ill-treatment,]

no account being taken for this purpose of a conviction which has become spent by virtue of the M50 Rehabilitation of Offenders Act 1974.

(8A) The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (2).

F703 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F703 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E37 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F30 S. 6(4) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F693 Words in s. 6(1)(a) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)

F694 Words in s. 6(1)(a) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)

F695 S. 6(1A)(1B) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)

F696 Word in s. 6(2)(a) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(c)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)

F697 Words in s. 6(2)(a) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(c)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)

F698 S. 6(2A) inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 21(2), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)

F699 S. 6(5)(5A) substituted for s. 6(5) (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)

F700 S. 6(5B) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(e), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)

F701 S. 6(6) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(f), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)

F702 S. 6(8): paras. (a)(b) and preceding words substituted (S.) (26.3.2003) for paras. (a)(b) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 2

F703 S. 6(9)(10) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(2), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

Marginal Citations

M50 1974. c. 53.

7 Registration etc. of certain captive birds. E+W

(1) If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence F34 . . ..

(2) The power of the Secretary of State to make regulations under subsection (1) shall include power—

(a) to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and

(b) to make different provision for different birds or different descriptions of birds.

[F35 (2A) The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).]

(3) If any person keeps or has in his possession or under his control any bird included in Schedule 4—

(a) within five years of his having been convicted of an offence under this Part [F36 which falls within subsection (3A)]; or

(b) within three years of his having been convicted of any other offence under this Part so far as it relates to the protection of birds or other animals or any offence involving their ill-treatment,

he shall be guilty of an offence.

[F37 (3A) The offences falling within this subsection are—

(a) any offence under section 1(1) or (2) in respect of—

(i) a bird included in Schedule [F38 ZA1 or] 1 or any part of, or anything derived from, such a bird,

(ii) the nest of such a bird, or

(iii) an egg of such a bird or any part of such an egg;

(b) any offence under section 1(5) or 5;

(c) any offence under section 6 in respect of—

(i) a bird included in Schedule [F38 ZA1 or] 1 or any part of, or anything derived from, such a bird, or

(ii) an egg of such a bird or any part of such an egg;

[F39 (ca) any offence under subsection (1);]

(d) any offence under section 8.]

(4) If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person—

(a) within five years of that person’s having been convicted of such an offence as is mentioned in paragraph (a) of subsection (3); or

(b) within three years of that person’s having been convicted of such an offence as is mentioned in paragraph (b) of that subsection,

he shall be guilty of an offence.

(5) No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the M5 Rehabilitation of Offenders Act 1974.

F40 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E7 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F34 Words in s. 7(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))

F35 S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)

F36 Words in s. 7(3)(a) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(1)

F37 S. 7(3A) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(2)

F38 Words in s. 7(3A)(a)(i)(c)(i) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(4)(b), 107; S.I. 2006/1382, art. 2

F39 S. 7(3A)(ca) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 49, 107; S.I. 2006/2541, art. 2

F40 S. 7(6)(7) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))

Modifications etc. (not altering text)

C4 S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.

Marginal Citations

M5 1974 c. 53.

7 Registration etc. of certain captive birds. S

(1) If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence F704 . . . .

(2) The power of the Secretary of State to make regulations under subsection (1) shall include power—

(a) to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and

(b) to make different provision for different birds or different descriptions of birds.

[F705 (2A) The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).]

(3) If any person keeps or has in his possession or under his control any bird included in Schedule 4 [F706 within five years of his having been convicted of—

(a) an offence under this Part (being an offence relating to the protection of birds or other animals); F707 . . .

(b) any other offence involving their ill-treatment][F708 ; or

(c) any offence under the [F709 Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703)] relating to birds (other than an offence [F710 under paragraph 2 of Schedule 1 to those Regulations which consists of the conduct specified in the table in that paragraph as the subject-matter of Regulation 8(6) of those Regulations])]

he shall be guilty of an offence.

(4) If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person[F711 within five years of that person’s having been convicted of such an offence as is mentioned in subsection (3),] he shall be guilty of an offence.

(5) No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the M51 Rehabilitation of Offenders Act 1974.

[F712 (5A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section shall be guilty of an offence.]

F713 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F713 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E38 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F704 Words in s. 7(1) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), s. 86, Sch. 5

F705 S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)

F706 S. 7(3): paras. (a)(b) and preceding words substituted (S.) (26.3.2003) for paras. (a)(b) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 2

F707 Word in s. 7(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 7(a); S.S.I. 2004/407, art. 2

F708 S. 7(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 7(b); S.S.I. 2004/407, art. 2

F709 Words in s. 7(3)(c) substituted (S.) (6.11.2019) by The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1354), regs. 1, 2(a)

F710 Words in s. 7(3)(c) substituted (S.) (6.11.2019) by The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1354), regs. 1, 2(b)

F711 S. 7(4)(a)(b) substituted (S.) (26.3.2003) for words by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 3

F712 S. 7(5A) inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 21(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)

F713 S. 7(6)(7) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(3), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

Modifications etc. (not altering text)

C39 S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.

Marginal Citations

M51 1974 c. 53.

8 Protection of captive birds. E+W+S

(1) If any person keeps or confines any bird whatever in any cage or other receptacle which is not sufficient in height, length or breadth to permit the bird to stretch its wings freely, he shall be guilty of an offenceF41 . . . .

(2) Subsection (1) does not apply to poultry, or to the keeping or confining of any bird—

(a) while that bird is in the course of conveyance, by whatever means;

(b) while that bird is being shown for the purposes of any public exhibition or competition if the time during which the bird is kept or confined for those purposes does not in the aggregate exceed 72 hours; or

(c) while that bird is undergoing examination or treatment by a veterinary surgeon or veterinary practitioner.

(3) Every person who—

(a) promotes, arranges, conducts, assists in, receives money for, or takes part in, any event whatever at or in the course of which captive birds are liberated by hand or by any other means whatever for the purpose of being shot immediately after their liberation; or

(b) being the owner or occupier of any land, permits that land to be used for the purposes of such an event,

shall be guilty of an offenceF42 . . . .

Textual Amendments

F41 Words in s. 8(1) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F42 Words in s. 8(3) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

Protection of other animals [F43 and prevention of poaching] E+W+S

Textual Amendments

F43 Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)

9 Protection of certain wild animals. E+W

(1) Subject to the provisions of this Part, if any person intentionally kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any person has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal, he shall be guilty of an offence.

(3) A person shall not be guilty of an offence under subsection (2) if he shows that—

(a) the animal had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; or

(b) the animal or other thing in his possession or control had been sold (whether to him or any other person) otherwise than in contravention of those provisions

and in this subsection "the relevant provisions" means the provisions of this Part and of the Conservation of Wild Creatures and Wild Plants Act 1975

[F44 (4) Subject to the provisions of this Part, a person is guilty of an offence if intentionally or recklessly—

(a) he damages or destroys any structure or place which any wild animal specified in Schedule 5 uses for shelter or protection;

(b) he disturbs any such animal while it is occupying a structure or place which it uses for shelter or protection; or

(c) he obstructs access to any structure or place which any such animal uses for shelter or protection.]

[F45 (4A) Subject to the provisions of this Part, if any person intentionally or recklessly disturbs any wild animal included in Schedule 5 as—

(a) a dolphin or whale (cetacea), or

(b) a basking shark (cetorhinus maximus),

he shall be guilty of an offence.]

(5) Subject to the provisions of this Part, if any person—

(a) sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal; or

(b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(6) In any proceedings for an offence under subsection (1), (2) or (5)(a) , the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

Extent Information

E8 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F44 S. 9(4) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats,  & c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(4)}

F45 S. 9(4A) inserted (E.W.) (30.1.2001) by 2000 c. 37 , ss. 81(1), 103(2), Sch. 12 para. 5(b)

9 Protection of certain wild animals. S

(1) Subject to the provisions of this Part, if any person intentionally [F714 or recklessly] kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any person has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal, he shall be guilty of an offence.

(3) A person shall not be guilty of an offence under subsection (2) if he shows that—

(a) the animal had not been killed or taken, or had been killed or taken [F715 at or from a place in Scotland] otherwise than in contravention of the relevant provisions; F716 . . .

(b) the animal or other thing in his possession or control had been sold [F717 at a place in Scotland] (whether to him or any other person) otherwise than in contravention of those provisions [F718 ; or

(c) that the animal or other thing in his possession or control had been killed at, taken from or sold at a place outwith Scotland and—

(i) that the act of killing, taking or sale would not, if it had been committed in Scotland, have been in contravention of the relevant provisions; or

(ii) that the animal or other thing had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations.]

F719 . . .

[F720 (3A) In subsection (3)—

• “the relevant provisions” means such of the provisions of the Conservation of Wild Creatures and Wild Plants Act 1975 (c. 48) and this Part as were in force at the time when the animal was killed or taken or, as the case may be, the animal or other thing was sold, and

• “the relevant regulations” means—

  (a)

  Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade, and

  (b)

  Commission Regulation 1808/2001/EC on the implementation of that Council Regulation,

  as amended from time to time (or any Community instrument replacing either of them).]

(4) Subject to the provisions of this Part, if any person intentionally [F721 or recklessly]—

(a) damages or destroys, or obstructs access to, any structure or place which any wild animal included in Schedule 5 uses for shelter or protection; or

(b) disturbs any such animal while it is occupying a structure or place which it uses for that purpose,

he shall be guilty of an offence.

[F722 (4A) Subject to the provisions of this Part, any person who, intentionally or recklessly, disturbs or harasses any wild animal included in Schedule 5 as a—

(a) dolphin, whale or porpoise (cetacea); or

(b) basking shark (cetorhinus maximus),

shall be guilty of an offence.]

(5) Subject to the provisions of this Part, if any person—

(a) sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal; or

(b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

[F723 (5A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section (other than subsection (5)(b)) shall be guilty of an offence.]

(6) In any proceedings for an offence under subsection (1), (2) or (5)(a) [F724 or for an offence under subsection (5A) relating to an act which is mentioned in subsection (1), (2) or (5)(a)], the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

Extent Information

E39 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F714 Word in s. 9(1) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(2); S.S.I. 2004/407, art. 2

F715 Words in s. 9(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(a); S.S.I. 2004/407, art. 2

F716 Word in s. 9(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(b); S.S.I. 2004/407, art. 2

F717 Words in s. 9(3)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(c); S.S.I. 2004/407, art. 2

F718 S. 9(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(d); S.S.I. 2004/407, art. 2

F719 Words in s. 9(3) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(e); S.S.I. 2004/407, art. 2

F720 S. 9(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(4); S.S.I. 2004/407, art. 2

F721 Words in s. 9(4) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 5(a) and by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(5); S.S.I. 2004/407, art. 2

F722 S. 9(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(6); S.S.I. 2004/407, art. 2

F723 S. 9(5A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(7); S.S.I. 2004/407, art. 2

F724 Words in s. 9(6) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(8); S.S.I. 2004/407, art. 2

10 Exceptions to s. 9. E+W

(1) Nothing in section 9 shall make unlawful—

(a) anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M6 Agriculture Act 1947, or by the Secretary of State under section 39 of the M7 Agriculture (Scotland) Act 1948; or

(b) anything done under, or in pursuance of an order made under, the M8 Animal Health Act 1981.

(2) Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house.

(3) Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—

(a) the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

(b) the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

(c) any act made unlawful by that section if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.

(4) Notwithstanding anything in section 9, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5 if he shows that his action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

(5) A person shall not be entitled to rely on the defence provided by subsection (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the [F46 conservation body][F47 for the area in which the house is situated or, as the case may be, the act is to take place] of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used.

(6) An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either—

(a) a licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

(b) an application for such a licence had been determined.

Extent Information

E9 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F46 Words in s. 10(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 70; S.I. 2006/2541, art. 2

F47 Words in s. 10(5) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(2); S.I. 1991/685, art.3.

Marginal Citations

M6 1947 c. 48.

M7 1948 c. 45.

M8 1981 c. 22.

10 Exceptions to s. 9. S

(1) Nothing in section 9 shall make unlawful—

(a) anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M6 Agriculture Act 1947, or by the Secretary of State under section 39 of the M7 Agriculture (Scotland) Act 1948; or

(b) anything done under, or in pursuance of an order made under, the M8 Animal Health Act 1981.

(2) Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house.

(3) Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—

(a) the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

(b) the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

(c) any act made unlawful by that section [F725 (“an unlawful act”) if he shows—

(i) that each of the conditions specified in subsection (3A) was satisfied in relation to the carrying out of the unlawful act, or

(ii) that the unlawful act was carried out in relation to an animal bred and, at the time the act was carried out, lawfully held in captivity.]

[F726 (3A) Those conditions are—

(a) that the unlawful act was the incidental result of a lawful operation or other activity;

(b) that the person who carried out the lawful operation or other activity—

(i) took reasonable precautions for the purpose of avoiding carrying out the unlawful act; or

(ii) did not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; and

(c) that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent to the person, such steps as were reasonably practicable in the circumstances to minimise the damage or disturbance to the wild animal, or the damage or obstruction to the structure or place, in relation to which the unlawful act was carried out.]

(4) Notwithstanding anything in section 9, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5 if he shows that his action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

(5) A person shall not be entitled to rely on the defence provided by subsection (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the [F727 conservation body][F47 for the area in which the house is situated or, as the case may be, the act is to take place] of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used.

(6) An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either—

(a) a licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

(b) an application for such a licence had been determined.

[F728 (6A) An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time unless he notified the Scottish Ministers as soon as reasonably practicable after that time that he had taken the action.]

Extent Information

E40 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F47 Words in s. 10(5) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(2); S.I. 1991/685, art.3.

F725 Words in s. 10(3)(c) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(a); S.S.I. 2004/407, art. 2

F726 S. 10(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(b); S.S.I. 2004/407 , art. 2

F727 Words in s. 10(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 70; S.I. 2006/2541, art. 2

F728 S. 10(6A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(c); S.S.I. 2004/407, art. 2

Marginal Citations

M6 1947 c. 48.

M7 1948 c. 45.

M8 1981 c. 22.

[F48 10A Protection of wild hares etc. S

(1) Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 5A in the close season for the animal is guilty of an offence.

(2) In this section, “close season” means—

(a) in the case of a mountain hare, the period in any year beginning with 1st March and ending with 31st July;

(b) in the case of a brown hare, the period in any year beginning with 1st February and ending with 30th September.

(3) The Scottish Ministers may by order vary the close season for any wild animal included in Schedule 5A which is specified in the order.

(4) If it appears to the Scottish Ministers expedient that any wild animals included in Schedule 5A should be protected during any period outside the close season for those animals, they may by order declare any period not exceeding 14 days as a period of special protection for those animals.

(5) Before making an order under subsection (4), the Scottish Ministers must consult such persons appearing to them to be representative of persons interested in the killing or taking of animals of the kind proposed to be protected by the order as they consider appropriate.

(6) Where an order is made under subsection (4), this section has effect as if any period of special protection declared by the order forms part of the close season for those animals.

(7) An order under subsection (3) or (4) may be made as respects the whole of Scotland or any part of Scotland specified in the order.

(8) In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.

Textual Amendments

F48 Ss. 10A, 10B inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(d); S.S.I. 2011/433, art. 2(1)(b)

10B Exceptions to s. 10A E+W+S

(1) A person is not guilty of an offence under section 10A(1) by reason of the killing of an animal included in Schedule 5A if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering.

(2) A person is not guilty of an offence under section 10A(1) by reason of taking any such animal if he shows that—

(a) he had a legal right to take such an animal or permission, from a person who had a right to give permission, to take such an animal; and

(b) the animal—

(i) had been disabled otherwise than by his unlawful act; and

(ii) was taken solely for the purpose of tending it and releasing it when no longer disabled.

(3) An authorised person is not guilty of an offence under section 10A(1) by reason of the killing or injuring of an animal included in Schedule 5A if he shows that his action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

(4) An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action if––

(a) it had become apparent, before the action was taken, that it would prove necessary for the purpose mentioned in that subsection; and

(b) either—

(i) a licence under section 16 authorising the action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

(ii) an application for such a licence had been determined.

(5) An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action unless he notified the appropriate authority as soon as reasonably practicable after the action was taken that he had taken it.

(6) In subsection (5), “the appropriate authority” has the same meaning as in section 16(9).

(7) Nothing in section 10A makes unlawful—

(a) anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or

(b) anything done under, or in pursuance of an order made under, the Animal Health Act 1981.]

Textual Amendments

F48 Ss. 10A, 10B inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(d); S.S.I. 2011/433, art. 2(1)(b)

11 Prohibition of certain methods of killing or taking wild animals. E+W

(1) Subject to the provisions of this Part, if any person—

(a) sets in position any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith;

(b) uses for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as aforesaid, any bow or cross-bow or any explosive other than ammunition for a firearm; F49 . . .

(c) uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, [F50 ; or

(d) knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,]

he shall be guilty of an offence.

[F51 (2) Subject to the provisions of this Part, a person shall be guilty of an offence if that person—

(a) uses any trap or snare for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;

(b) sets in position any trap or snare of such a nature and so placed as to be—

(i) in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;

(ii) in Scotland, likely to cause bodily injury to any such wild animal;

(c) sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—

(i) in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6;

(ii) in Scotland, likely to cause bodily injury to any such wild animal;

(d) uses for the purpose of killing or taking any wild animal included in Schedule 6—

(i) any electrical device for killing or stunning;

(ii) any poisonous, poisoned or stupefying substance;

(iii) any net;

(iv) any automatic or semi-automatic weapon;

(v) any device for illuminating a target or sighting device for night shooting;

(vi) any form of artificial light or any mirror or other dazzling device;

(vii) any gas or smoke not falling within sub-paragraph (ii);

(viii) any sound recording used as a decoy; or

(ix) any mechanically propelled vehicle in immediate pursuit of any such animal;

(e) uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or

(f) knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).]

(3) Subject to the provisions of this Part, if any person—

(a) sets in position [F52 or knowingly causes or permits to be set in position] any snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; and

(b) while the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day,

he shall be guilty of an offence.

(4) The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.

(5) In any proceedings for an offence under subsection (1)(b) or (c) or [F53 (2)(a), (d) or (e)], [F54 and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs] the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

(6) In any proceedings for an offence under [F55 subsection (2)(b) or (c)] it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in [F56 the relevant Schedule].

F57 [(7) In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in [F58 subsection (2)(b) or (c)] it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in [F59 the relevant Schedule].]

[F60 (7A) In subsections (6) and (7), “the relevant Schedule” means—

(a) where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;

(b) where proceedings relate to an offence under subsection (2)(c), Schedule 6.]

Extent Information

E10 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F49 Word "or" in s. 11(1)(b) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(a), 3(3).

F50 Word "or" and s. 11(1)(d) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(b), 3(3).

F51 S. 11(2) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(2)

F52 Words in s. 11(3)(a) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(4), 3(3).

F53 Words in s. 11(5) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(3)

F54 Words in s. 11(5) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(5), 3(3).

F55 Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)

F56 Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)

F57 S. 11(7) added (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(6), 3(3).

F58 Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)

F59 Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)

F60 S. 11(7A) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(5)

11 Prohibition of certain methods of killing or taking wild animals. S

(1) Subject to the provisions of this Part, if any person—

(a) sets in position [F729 or otherwise uses] any self-locking snare [F730 or a snare of any other type specified in an order made by the Scottish Ministers];

[F731 (aa) sets in position or otherwise uses any other type of snare which is either of such a nature or so placed (or both) as to be calculated to cause unnecessary suffering to any animal coming into contact with it;]

(b) uses for the purpose of killing or taking any [F732 animal] , any bow or cross-bow or any explosive other than ammunition for a firearm; F49 . . .

(c) uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, [F50 ; or

(d) knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,]

he shall be guilty of an offence.

[F733 (1A) For the purposes of subsection (1)(aa), a snare which is of such a nature or so placed (or both) as to be calculated to cause unnecessary suffering to any animal coming into contact with it includes—

(a) where the person who sets in position or otherwise uses the snare does so to catch any animal other than a fox, a snare which is not fitted with a stop which is capable of preventing the noose of the snare reducing in circumference to less than 13 centimetres;

(b) where the person who sets in position or otherwise uses the snare does so to catch a fox, a snare which is not fitted with a stop which is capable of preventing the noose of the snare reducing in circumference to less than 23 centimetres;

(c) a snare which is neither—

(i) staked to the ground; nor

(ii) attached to an object,

in a manner which will prevent the snare being dragged by an animal caught by it; and

(d) a snare which is set in a place where an animal caught by the snare is likely to—

(i) become fully or partially suspended; or

(ii) drown.]

[F51 (2) Subject to the provisions of this Part, a person shall be guilty of an offence if that person—

(a) uses any trap or snare for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;

(b) sets in position any trap or snare of such a nature and so placed as to be—

(i) in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;

(ii) in Scotland, likely to cause bodily injury to any such wild animal;

(c) sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—

(i) in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6;

(ii) in Scotland, likely to cause bodily injury to any such wild animal;

(d) uses for the purpose of killing or taking any wild animal included in Schedule 6—

(i) any electrical device for killing or stunning;

(ii) any poisonous, poisoned or stupefying substance;

(iii) any net;

(iv) any automatic or semi-automatic weapon;

(v) any device for illuminating a target or sighting device for night shooting;

(vi) any form of artificial light or any mirror or other dazzling device;

(vii) any gas or smoke not falling within sub-paragraph (ii);

(viii) any sound recording used as a decoy; or

(ix) any mechanically propelled vehicle in immediate pursuit of any such animal;

(e) uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or

(f) knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).]

F734 [F735 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F734 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F734 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3C) Subject to the provisions of this Part, any person who—

(a) is, without reasonable excuse, in possession of; or

(b) sells, or offers or exposes for sale,

a snare which is capable of operating as a self-locking snare or a snare of any other type specified in an order under subsection (1)(a) shall be guilty of an offence.

F736 (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3E) Subject to the provisions of this Part, any person who uses a snare otherwise than in accordance with such requirements as may be specified in an order made by the Scottish Ministers, or who knowingly causes or permits any other person to do so, shall be guilty of an offence.]

(4) The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.

[F737 (4A) The Scottish Ministers may by order specify—

(a) criteria which articles of a type referred to in subsections (1) to (3E) must meet to be treated as articles of that type for the purposes of those subsections,

(b) circumstances in which articles of that type are to be treated as having been set or used in a manner which constitutes an offence under those subsections.]

(5) In any proceedings for an offence under subsection [F738 (1)(c)] or [F53 (2)(a), (d) or (e)], [F54 and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs] the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

(6) In any proceedings for an offence under [F55 subsection (2)(b) or (c)] it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in [F56 the relevant Schedule].

F57 [(7) In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in [F58 subsection (2)(b) or (c)] it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in [F59 the relevant Schedule].]

[F60 (7A) In subsections (6) and (7), “the relevant Schedule” means—

(a) where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;

(b) where proceedings relate to an offence under subsection (2)(c), Schedule 6.]

Extent Information

E41 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F49 Word "or" in s. 11(1)(b) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(a), 3(3).

F50 Word "or" and s. 11(1)(d) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(b), 3(3).

F51 S. 11(2) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(2)

F53 Words in s. 11(5) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(3)

F54 Words in s. 11(5) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(5), 3(3).

F55 Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)

F56 Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)

F57 S. 11(7) added (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(6), 3(3).

F58 Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)

F59 Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)

F60 S. 11(7A) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(5)

F729 Words in s. 11(1)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(2)(a); S.S.I. 2004/407, art. 2

F730 Words in s. 11(1)(a) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(2)(b); S.S.I. 2004/407, art. 2

F731 S. 11(1)(aa) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(3); S.S.I. 2004/407, art. 2

F732 Words in s. 11(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(4); S.S.I. 2004/407, art. 2

F733 S. 11(1A) inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(2)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(i)

F734 S. 11(3)-(3B) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(i)

F735 S. 11(3)-(3E) substituted (S.) (1.10.2004) for s. 11(3) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(6); S.S.I. 2004/407, art. 2

F736 S. 11(3D) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(i)

F737 S. 11(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(7); S.S.I. 2004/407, art. 2

F738 Words in s. 11(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(8); S.S.I. 2004/407, art. 2

[F61 11A Snares: training, identification numbers, tags etc. S

(1) Any person who sets a snare in position must have an identification number (see also subsections (3), (4) and (7) in relation to identification numbers and training).

(2) Any person who sets in position or otherwise uses a snare must ensure—

(a) that a tag is fitted on the snare in such a manner that it is not capable of being easily removed from the snare;

(b) that there is displayed on the tag (in a manner in which it will remain readable) the identification number of the person who set the snare in position; and

(c) where the snare is intended to catch the following types of animal—

(i) brown hares or rabbits; or

(ii) foxes,

that there is also displayed on the tag (in a manner in which it will remain readable) a statement that it is intended to catch the type of animal in question.

(3) For the purposes of this section and sections 11D and 11E, the identification number of a person who sets a snare in position is the identification number issued to him by [F62 the] chief constable.

(4) [F63 The] chief constable—

(a) on receipt of an appropriate application from any person for an identification number for the purpose of setting snares in position F64 ...; and

(b) on being satisfied that the applicant has been trained to set a snare in position and on the circumstances in which the setting of snares is an appropriate method of predator control,

must grant the application and issue the applicant with an identification number.

(5) Any person who fails to comply with subsection (1) is guilty of an offence.

(6) Any person who—

(a) has an identification number and sets in position or otherwise uses a snare; but

(b) fails to comply with subsection (2) in any respect,

is guilty of an offence.

F65 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The Scottish Ministers may by order make provision as regards—

(a) when a person has been trained to set a snare in position and on the circumstances in which the setting of snares is an appropriate method of predator control;

(b) how [F66 the] chief constable is to be satisfied that an applicant for an identification number has been so trained;

(c) the manner in which a tag is to be fitted for the purposes of subsection (2)(a) (including the material from which a tag is to be made);

(d) the manner in which an identification number is to appear on a tag for the purposes of subsection (2)(b), and in which a statement is to be displayed on a tag for the purposes of subsection (2)(c);

(e) the form of and manner of making an application for an identification number;

(f) the determining by the Scottish Ministers, or by [F67 the chief constable] in accordance with the order, of any fee to accompany the application and the charging of any such fee;

(g) the issuing of identification numbers under subsection (4);

(h) the keeping of records of identification numbers issued, the persons to whom they are issued and the sharing of information from such records;

(i) such other matters in relation to training, tags or identification numbers (including the making of an application for, or the issuing of, an identification number) as they consider appropriate.

(9) In this section—

• “appropriate application” means an application made in accordance with the provisions of an order under subsection (8);

• [F68 “chief constable” means the chief constable of the Police Service of Scotland]

• F69 ...

Textual Amendments

F61 Ss. 11A-11F inserted (1.1.2012 for specified purposes, 22.11.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(ii)(3A)(a)(4)

F62 Word in s. 11A(3) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(a)

F63 Word in s. 11A(4) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(b)(i)

F64 Words in s. 11A(4)(a) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(b)(ii)

F65 S. 11A(7) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(c)

F66 Word in s. 11A(8)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(d)(i)

F67 Words in s. 11A(8)(f) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(d)(ii)

F68 Definition in s. 11A(9) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(e)(i)

F69 Definition in s. 11A(9) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(e)(ii)

11B Snares: duty to inspect etc. S

(1) Any person who sets a snare in position must while it remains in position inspect it or cause it to be inspected, at least once every day at intervals of no more than 24 hours, for the following purposes—

(a) to see whether any animal is caught by the snare; and

(b) to see whether the snare is free-running.

(2) Any person who while carrying out such an inspection—

(a) finds an animal caught by the snare must, during the course of the inspection, release or remove the animal (whether it is alive or dead); and

(b) finds that the snare is not free-running must remove the snare or restore it to a state in which it is free-running.

(3) Subject to the provisions of this Part, any person who—

(a) without reasonable excuse, contravenes subsection (1); or

(b) contravenes subsection (2),

is guilty of an offence.

(4) For the purposes of this section, a snare is “free-running” if—

(a) it is not self-locking;

(b) it is not capable (whether because of rust, damage or other condition or matter) of locking; and

(c) subject only to the restriction on such movement created by the stop fitted in accordance with section 11(1A)(a) or (b), the noose of the snare is able at all times freely to become wider or tighten (and is not prevented from doing so whether because of rust, damage or other condition or matter other than the stop).

Textual Amendments

F61 Ss. 11A-11F inserted (1.1.2012 for specified purposes, 22.11.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(ii)(3A)(a)(4)

11C Snares: authorisation from landowners etc. S

Subject to the provisions of this Part, any person who without reasonable excuse—

(a) while on any land has in his possession any snare without the authorisation of the owner or occupier of the land; or

(b) sets any snare in position on any land without the authorisation of the owner or occupier of the land,

is guilty of an offence.

Textual Amendments

F61 Ss. 11A-11F inserted (1.1.2012 for specified purposes, 22.11.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(ii)(3A)(a)(4)

11D Snares: presumption arising from identification number S

The identification number which appears on a tag fitted on a snare is presumed in any proceedings to be the identification number of the person who set the snare in position.

Textual Amendments

F61 Ss. 11A-11F inserted (1.1.2012 for specified purposes, 22.11.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(ii)(3A)(a)(4)

11E Snares: record keeping S

(1) Any person who has an identification number must keep a record of the following—

(a) the location of every snare set in position by the person which remains in position;

(b) the location of every other snare set in position by the person within the past two years;

(c) the date on which each snare mentioned in paragraph (a) or (b) was set;

(d) the date on which each snare mentioned in paragraph (b) was removed;

(e) in relation to each animal caught in a snare mentioned in paragraph (a) or (b)—

(i) the type of animal;

(ii) the date it was found;

(f) such other information as the Scottish Ministers may by order specify.

(2) For the purposes of subsection (1)(a) and (b), the location of a snare is to be recorded—

(a) by reference to a map; or

(b) by such other means (for example, by means of a description) capable of readily identifying the location.

(3) Any person who, without reasonable excuse, fails to comply with the duty under subsection (1) is guilty of an offence.

(4) Any person who—

(a) is requested to produce the record kept under subsection (1) to a constable; and

(b) fails to do so within 21 days of being so requested,

is guilty of an offence.

(5) Subsection (1) does not apply in relation to any snare set in position by a person before the person is issued with an identification number.

Textual Amendments

F61 Ss. 11A-11F inserted (1.1.2012 for specified purposes, 22.11.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(ii)(3A)(a)(4)

11F Snaring: review and report to the Scottish Parliament S

(1) The Scottish Ministers must carry out, or secure the carrying out by another person of, a review of the operation and effect of—

(a) section 11 and any orders made under that section (in so far as the section and the orders make provision as regards snaring);

(b) sections 11A, 11B, 11C, 11D and 11E and any orders made under those sections.

(2) A review must be carried out under subsection (1) no later than—

(a) 31st December 2016 (“the first review date”);

(b) the end of the period of 5 years beginning with the first review date; and

(c) the end of each subsequent period of 5 years.

(3) In carrying out a review under subsection (1), the matters that must be considered include whether in the opinion of the Ministers (or, if the review is being carried out by another person, that person) amendment of this Act or enactment of other legislation is appropriate.

(4) In carrying out a review under subsection (1), the Scottish Ministers (or, if the review is being carried out by another person, that person) must consult such persons and organisations as they consider (or, as the case may be, the other person considers) have an interest in it.

(5) The Scottish Ministers must, as soon as practicable after a review is carried out under subsection (1), lay a report of the review before the Scottish Parliament.]

Textual Amendments

F61 Ss. 11A-11F inserted (1.1.2012 for specified purposes, 22.11.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(ii)(3A)(a)(4)

[F70 11G Prevention of poaching: wild hares, rabbits etc. S

(1) Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 6A is guilty of an offence.

(2) In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.

Textual Amendments

F70 Ss. 11G , 11H inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)

11H Exceptions to s. 11G S

(1) A person is not guilty of an offence under section 11G(1)—

(a) by reason of the killing of an animal included in Schedule 6A if he had a legal right, or permission from a person who had a right to give permission, to kill such an animal; or

(b) by reason of the taking of such an animal if he had a legal right, or permission from a person who had a right to give permission, to take such an animal.

(2) A person is not guilty of an offence under section 11G(1) by reason of the killing of an animal included in Schedule 6A if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering.

(3) Nothing in section 11G makes unlawful—

(a) anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or

(b) anything done under, or in pursuance of an order made under, the Animal Health Act 1981.]

Textual Amendments

F70 Ss. 11G , 11H inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)

[F71 11I Sale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully E+W+S

(1) Any person who does any of the following is guilty of an offence—

(a) has in his possession or control any live or dead wild animal which has been killed or taken in contravention of section 10A or 11G, or any part of or anything derived from such an animal;

(b) sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale any such animal or any part of or anything derived from such an animal; or

(c) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells or intends to buy or sell any of those things.

(2) A person is not guilty of an offence under subsection (1) in relation to an activity mentioned in that subsection if he shows that he carried out the activity concerned with reasonable excuse.

(3) In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.]

Textual Amendments

F71 S. 11I inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 8(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(f); S.S.I. 2011/433, art. 2(1)(b)

[F72 12YA Relaxation of restriction on night shooting of hares and rabbits E+W+S

Schedule 7, which amends certain Acts prohibiting night shooting of hares and rabbits by occupiers of land etc., has effect.]

Textual Amendments

F72 S. 12YA inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(2), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)

12 Protection of certain mammals. S

[F73 Schedule 7, which amends the law relating to the protection of certain mammals, shall have effect.]

Textual Amendments

F73 S. 12 repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)

Protection of plants E+W+S

13 Protection of wild plants. E+W

(1) Subject to the provisions of this Part, if any person—

(a) intentionally picks, uproots or destroys any wild plant included in Schedule 8; or

(b) not being an authorised person, intentionally uproots any wild plant not included in that Schedule,

he shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any person—

(a) sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild plant included in Schedule 8, or any part of, or anything derived from, such a plant; or

(b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(3) Notwithstanding anything in subsection (1), a person shall not be guilty of an offence by reason of any act made unlawful by that subsection if he shows that the act was an incidental result of a lawful operation and could not reasonably have been avoided.

(4) In any proceedings for an offence under subsection (2)(a), the plant in question shall be presumed to have been a wild plant unless the contrary is shown.

Extent Information

E11 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

13 Protection of wild plants. S

(1) Subject to the provisions of this Part, if any person—

(a) intentionally [F739 or recklessly] picks, uproots or destroys

[F740 (i)] any wild plant included in Schedule 8; or

[F741 (ii) any seed or spore attached to any such wild plant; or]

(b) not being an authorised person, intentionally [F742 or recklessly] uproots any wild plant not included in that Schedule,

he shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any person—

(a) sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild plant included in Schedule 8, or any part of, or anything derived from, such a plant; or

(b) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(3) Notwithstanding anything in subsection (1), a person shall not be guilty of an offence by reason of any act made unlawful by that subsection [F743 (“an unlawful act”) if he shows—

(a) that the unlawful act was the incidental result of a lawful operation or other activity;

(b) that the person who carried out the lawful operation or other activity—

(i) took reasonable precautions for the purpose of avoiding carrying out the unlawful act; or

(ii) did not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; and

(c) that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent, such steps as were reasonably practicable in the circumstances to minimise the damage to the wild plant in relation to which the unlawful act was carried out.]

[F744 (3A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section shall be guilty of an offence.]

(4) In any proceedings for an offence under subsection (2)(a) [F745 or for an offence under subsection (3A) relating to an act which is mentioned in subsection (2)(a)] , the plant in question shall be presumed to have been a wild plant unless the contrary is shown.

Extent Information

E42 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F739 Words in s. 13(1)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(2)(a); S.S.I. 2004/407, art. 2

F740 Words in s. 13(1)(a) renumbered (S.) (1.10.2004) as s. 13(1)(a)(i) by virtue of Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(2)(b); S.S.I. 2004/407, art. 2

F741 S. 13(1)(a)(ii) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(2)(c); S.S.I. 2004/407, art. 2

F742 Words in s. 13(1)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(3); S.S.I. 2004/407, art. 2

F743 Words in s. 13(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(4); S.S.I. 2004/407, art. 2

F744 S. 13(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(5); S.S.I. 2004/407, art. 2

F745 Words in s. 13(4) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(6); S.S.I. 2004/407, art. 2

Miscellaneous U.K.

14 Introduction of new species etc. E+W

(1) Subject to the provisions of this Part, if any person releases or allows to escape into the wild any animal which—

(a) is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; or

(b) is included in Part I[F74 , IA or IB] of Schedule 9,

he shall be guilty of an offence.

(2) Subject to the provisions of this Part, if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence.

(3) Subject to subsection (4), it shall be a defence to a charge of committing an offence under subsection (1) or (2) to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

(4) Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession.

[F75 (4A) Schedule 9A contains provision about species control agreements and orders and related matters.]

F76 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E12 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F74 Words in s. 14(1)(b) inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 25(2), 57(4); S.I. 2015/481, reg. 2(c)

F75 S. 14(4A) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(2), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2

F76 S. 14(5)(6) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV

Modifications etc. (not altering text)

C5 S. 14 excluded (E.W.) (21.8.2007) by S.I. 1994/2716, reg. 37C(9) (as inserted by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 5(12)}

C6 S. 14 excluded (E.W.) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 52(8)

C7 S. 14 excluded (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 54(8) (with reg. 56(2))

14 Introduction of new species etc. S

[F746 (1) Subject to the provisions of this Part, any person who—

(a) releases, or allows to escape from captivity, any animal—

(i) to a place outwith its native range; or

(ii) of a type the Scottish Ministers, by order, specify; or

(b) otherwise causes any animal outwith the control of any person to be at a place outwith its native range,

is guilty of an offence.

(2) Subject to the provisions of this Part, any person who plants, or otherwise causes to grow, any plant in the wild at a place outwith its native range is guilty of an offence.

(2A) Subsection (1) does not apply to the following animals where those animals are released or allowed to escape from captivity for the purpose of being subsequently killed by shooting—

(a) common pheasant;

(b) red-legged partridge.

(2B) The Scottish Ministers may, by order, specify—

(a) other types of animals to which subsection (1)(a)(i) or (1)(b) does not apply; and

(b) types of plants to which subsection (2) does not apply.

(2C) The Scottish Ministers may, by order, disapply subsection (1) or (2) in relation to—

(a) any person specified in the order;

(b) any conduct undertaken for the purposes of any enactment (including any enactment contained in or made under an Act of the Scottish Parliament) so specified; or

(c) any conduct authorised by, under or in pursuance of any such enactment.

(2D) An order under subsection (1)(a)(ii), (2B) or (2C) may make different provision for different cases and, in particular, for—

(a) different types of animal or plant;

(b) different circumstances or purposes;

(c) different persons;

(d) different times of the year; and

(e) different areas or places.]

(3) Subject to subsection (4), it shall be a defence to a charge of committing an offence under subsection (1) or (2) to [F747 show] that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

(4) Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession.

F748 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F748 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E43 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F746 S. 14(1)-(2D) substituted for s. 14(1)(2) (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. 14(2)(a), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(a)(i); S.S.I. 2012/175, art. 2(1)(a) (with art. 3(3))

F747 Word in s. 14(3) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(2)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)

F748 S. 14(5)(6) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(2)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)

Modifications etc. (not altering text)

C7 S. 14 excluded (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 54(8) (with reg. 56(2))

[F77 14ZA Sale etc. of [F78 certain animals and plants included in Schedule 9] E+W

(1) Subject to the provisions of this Part, a person is guilty of an offence if he sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale—

(a) an animal or plant to which this section applies, or

(b) anything from which such an animal or plant can be reproduced or propagated.

(2) Subject to the provisions of this Part, a person is guilty of an offence if he publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell—

(a) an animal or plant to which this section applies, or

(b) anything from which such an animal or plant can be reproduced or propagated.

(3) This section applies to an animal or plant which—

(a) is within section 14(1) or (2) (animals and plants which must not be released etc. into the wild),

(b) is of a description prescribed for the purposes of this section by an order made by the Secretary of State, and

(c) is a live animal or live plant.

(4) An order under subsection (3) may be made in relation to a particular area or a particular time of the year.

(5) Subsections (3) and (4) of section 14 (defence of due diligence etc.) apply to an offence under this section as they apply to an offence under that section.]

Textual Amendments

F77 S. 14ZA inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 50, 107; S.I. 2006/2541, art. 2

F78 Words in s. 14ZA heading substituted (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 25(3), 57(4); S.I. 2015/481, reg. 2(c)

[F79 14ZB Codes of practice in connection with [F80 species which are non-native or included in Schedule 9] E+W

(1) The Secretary of State may issue or approve a code of practice relating to—

(a) animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state,

(b) animals or plants included in Schedule 9, or

(c) any description of animals or plants mentioned in paragraph (a) or (b).

(2) The Secretary of State may revise or replace a code or approve its revision or replacement.

(3) The Secretary of State must ensure that a code is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it.

(4) A person's failure to comply with a provision of a code does not make him liable to criminal or civil proceedings.

(5) A code—

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

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

Textual Amendments

F79 S. 14ZB inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 51, 107; S.I. 2006/2541, art. 2

F80 Words in s. 14ZB heading substituted (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 25(4), 57(4); S.I. 2015/481, reg. 2(c)

[F81 14ZC Prohibition on keeping etc. of invasive animals or plants S

(1) Subject to the provisions of this Part, any person who keeps, has in the person's possession, or has under the person's control—

(a) any invasive animal of a type which the Scottish Ministers, by order, specify; or

(b) any invasive plant of a type so specified,

is guilty of an offence.

(2) An order under subsection (1) may make different provision for different cases and, in particular, for—

(a) different types of invasive animal or invasive plant;

(b) different circumstances or purposes;

(c) different persons;

(d) different times of the year; and

(e) different areas or places.

(3) Subject to subsection (4), it is a defence to a charge of committing an offence under subsection (1) to show that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

(4) Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged must not, without leave of the court, be entitled to rely on the defence unless, within a period ending 7 days before the hearing, the person has served on the prosecutor a notice giving such information or assisting in the identification of the other person as was then in the person's possession.

(5) The Scottish Ministers may, in an order under subsection (1), make provision for or in connection with the compensation of persons who, at the time of the coming into force of the order, may no longer keep, have in their possession or have under their control, an animal or plant.]

Textual Amendments

F81 S. 14ZC 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. 14(3), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(a)(ii); S.S.I. 2012/175, art. 2(1)(a) (with art. 3(3))

[F82 14A Prohibition on sale etc. of [F83 invasive] animals or plants S

[F84 (1) This section applies to—

(a) any type of invasive animal; or

(b) any type of invasive plant,

the Scottish Ministers, by order, specify.]

(2) Subject to the provisions of this Part, any person who—

(a) sells, offers or exposes for sale or has in the person’s possession or transports for the purpose of sale any animal or plant to which this section applies; or

(b) publishes or causes to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell, any such animal or plant,

is guilty of an offence.

[F85 (3) An order under subsection (1) may make different provision for different cases and, in particular, for—

(a) different types of invasive animal or invasive plant;

(b) different circumstances or purposes;

(c) different persons;

(d) different times of the year; and

(e) different areas or places.]]

Textual Amendments

F82 Ss. 14A, 14B inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 13; S.S.I. 2004/407, art. 2

F83 Word in s. 14A heading substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(4)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)

F84 S. 14A(1) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(4)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)

F85 S. 14A(3) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(4)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)

[F86 14AA Contravention of Invasive Alien Species Regulation S

(1) A person commits an offence under this section if—

(a) the person contravenes a paragraph of Article 7(1) of the Invasive Alien Species Regulation mentioned in subsection (2) in relation to an invasive alien species, and

(b) the activity which constitutes that contravention does not constitute an offence under section 14, 14ZC or 14A.

(2) The paragraphs referred to in subsection (1)(a) are—

(a) paragraph (b) (keeping, including in contained holding),

(b) paragraph (c) (breeding, including in contained holding),

(c) paragraph (d) (transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication),

(d) paragraph (e) (placing on the market),

(e) paragraph (f) (using or exchanging),

(f) paragraph (g) (permitting to reproduce, growing or cultivating, including in contained holding),

(g) paragraph (h) (releasing into the environment).

(3) Subject to subsection (4), it is a defence to a charge of committing an offence under this section to show that the person took all reasonable steps and exercised all due diligence to avoid committing the offence.

(4) Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged must not, without leave of the court, be entitled to rely on the defence unless, within the period of 7 days before the hearing, the person has served on the prosecutor a notice giving such information or assisting in the identification of the other person as was then in the person’s possession.

(5) Schedule 9B contains provision about defences to a charge of committing an offence under—

(a) this section, or

(b) section 14ZC or 14A, where the activity to which the charge relates contravenes Article 7(1) of the Invasive Alien Species Regulation.

(6) In this section—

• “Invasive Alien Species Regulation” means Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species,

• “invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the list of invasive alien species of Union concern adopted by the European Commission in accordance with Articles 4(1) and 10(4) of that Regulation, as amended from time to time.]

Textual Amendments

F86 S. 14AA inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(2)

[F87 14B Notification of presence of invasive animals or plants etc. S

(1) The Scottish Ministers may, by order, make provision about the notification of the presence of—

(a) invasive animals; or

(b) invasive plants,

at any specified place outwith their native range where persons are, or become, aware of the presence of such animals or plants.

(2) An order under subsection (1) may make provision for, or in connection with—

(a) the persons (or types of persons) who must make a notification;

(b) the circumstances in which a notification must be made;

(c) the times of the year when a notification must be made;

(d) the persons to whom a notification must be made;

(e) the form and method of any notification; and

(f) the period within which any notification must be made.

(3) An order under subsection (1) may require a person (or type of person) to make a notification only if the Scottish Ministers consider that the person (or that type of person) has or should have knowledge of, or is likely to encounter, the invasive animal or invasive plant to which the order relates.

(4) An order under subsection (1) may make different provision for different cases and, in particular, for—

(a) different types of invasive animal or invasive plant;

(b) different circumstances or purposes;

(c) different persons;

(d) different times of the year; and

(e) different areas or places.

(5) A person who, without reasonable excuse, fails to make a notification in accordance with the requirements of an order made under subsection (1) is guilty of an offence.]

Textual Amendments

F87 S. 14B substituted (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. 14(5), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(a)(iii); S.S.I. 2012/175, art. 2(1)(a) (with art. 3(3))

[F88 14C Non-native species etc.: code of practice S

(1) The Scottish Ministers may make a code of practice for the purpose of providing practical guidance in respect of—

(a) the application of any of sections 14, 14ZC, 14A [F89 , 14AA] and 14B;

(b) the application of any order made under any of those sections;

(c) species control agreements;

(d) species control orders;

(e) licences granted under section 16(4)(c).

(2) A code of practice may, in particular, provide guidance on—

(a) how Scottish Natural Heritage, the Scottish Environment Protection Agency F90 ... and the Scottish Ministers should co-ordinate the way in which they exercise their respective functions in relation to animals or plants which are outwith their native range;

(b) which species, sub-species, varieties or races of animal or plant, or hybrids of animals or plants, are considered to be particular types of animals or plants for the purposes of—

(i) this section;

[F91 (ia) best practice for—

(i) keeping invasive alien species in contained holding,

(ii) measures to ensure such species cannot reproduce or escape,

(ib) the circumstances in which an animal which belongs to an invasive alien species is considered to be a companion animal,]

(ii) section 14, 14ZC, 14A or 14B;

(iii) any order made under any of those sections;

(iv) species control agreements;

(v) species control orders;

(vi) the code;

[F92 (ba) which species, sub-species or lower taxons of animal, plant, fungus or micro-organism are considered to be invasive alien species,]

(c) the native range of any type of animal or plant;

(d) the circumstances in which any type of animal is considered to be—

(i) in captivity; or

(ii) under the control or otherwise of a person at a place outwith its native range;

(e) the circumstances in which a type of plant is considered to be growing in the wild outwith its native range, and conduct that would cause any type of plant to grow in the wild;

(f) the circumstances in which a type of invasive animal or plant is considered to be kept in a person's possession or under a person's control;

(g) which types of animals or plants are invasive and the circumstances (if any) in which any such type of animal or plant is not considered to be invasive;

(h) best practice (where permitted) for—

(i) keeping animals of any type which are invasive or which are kept at a place from which they may not be put outwith the control of any person;

(ii) keeping plants of any type which are invasive or which are kept at a place outwith their native range;

(iii) releasing animals of any type from captivity; and

(iv) planting, or otherwise causing to grow, any type of plant in the wild;

(i) best practice for—

(i) containing, capturing or killing animals of any type which are outwith the control of any person and which are—

(A) at a place outwith their native range; or

(B) animals of a type specified in an order made under section 14(1)(a)(ii);

(ii) containing, uprooting or destroying plants of any type which are growing in the wild outwith their native range; and

(iii) transferring animals or plants of any type which are not permitted to be kept by virtue of section 14ZC into the custody of Scottish Natural Heritage or any other person (and for keeping such animals or plants prior to the transfer);

(j) the making and content of species control agreements;

(k) the making, content of and enforcement of species control orders.

(3) The Scottish Ministers may revoke, replace or revise a code of practice.

(4) The first code of practice, and any replacement code of practice, made under this section—

(a) requires to be laid before, and approved by resolution of, the Scottish Parliament; and

(b) comes into effect on such date after approval under paragraph (a) as is specified in the code.

(5) Any revision to a code of practice (or revocation of a code of practice which is not being replaced) must—

(a) be laid before the Scottish Parliament; and

(b) specify the date on which it is to come into effect (such date to be at least 40 days after it is so laid, disregarding any period during which the Parliament is dissolved or in recess).

(6) The Scottish Parliament may, before any such revision or revocation comes into effect, resolve that it is not to come into effect.

(7) The Scottish Ministers must publish a code of practice (or any replacement or revision) made under this section no later than the day before the code (or replacement or revision) is to come into effect.

(8) Before making, revoking, replacing or revising a code of practice, the Scottish Ministers must consult—

(a) Scottish Natural Heritage; and

(b) any other person appearing to them to have an interest in the code.

(9) A person's failure to comply with a provision of a code of practice—

(a) does not of itself render the person liable to proceedings of any sort; but

(b) may be taken into account in determining any question in any such proceedings.

(10) In any proceedings for an offence under section 14, 14ZC, 14A, [F93 14AA,] 14B or 14K—

(a) failure to comply with a relevant provision of a code of practice may be relied upon as tending to establish liability;

(b) compliance with a relevant provision of a code of practice may be relied upon as tending to negative liability.

[F94 (11) In subsection (2)—

• “contained holding” means closed facilities from which escape or spread is not possible,

• “invasive alien species” has the same meaning as in section 14AA.]]

Textual Amendments

F88 S. 14C inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 15, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(d)

F89 Word in s. 14C(1)(a) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(a)

F90 Words in s. 14C(2)(a) repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with s. 83); S.S.I. 2019/47, reg. 2 (with regs. 3-22)

F91 S. 14C(2)(b)(ia)(ib) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(b)(ii)

F92 S. 14C(2)(ba) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(b)(i)

F93 Word in s. 14C(10) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(c)

F94 S. 14C(11) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(d)

[F95 14D Power to make species control orders S

(1) A relevant body may make an order (a “species control order”) in respect of premises where—

(a) it is satisfied of the presence on the premises of—

(i) an invasive animal at a place outwith its native range; or

(ii) an invasive plant at a place outwith its native range; and

(b) any of subsections (2) to (4) applies.

(2) This subsection applies where—

(a) the relevant body has offered to enter into an agreement with the owner or, as the case may be, occupier of the premises to control or eradicate—

(i) invasive animals outwith their native range; or

(ii) invasive plants outwith their native range,

on the premises (referred to in this section as a “species control agreement”);

(b) 42 days have elapsed since the date of the offer; and

(c) the owner or occupier has refused or otherwise failed to enter into the agreement.

(3) This subsection applies where—

(a) a person has entered into a species control agreement with the relevant body; and

(b) the person has failed to comply with the terms of the agreement.

(4) This subsection applies where the relevant body has failed to ascertain the name or address of any owner or occupier of the premises (having made reasonable efforts to do so) and accordingly has not been able to offer to enter into a species control agreement.

(5) Subsection (4) does not apply unless—

(a) the relevant body has given notice in accordance with subsection (6) stating that it wishes to offer to enter into a species control agreement;

(b) 48 hours have passed since the notice was given; and

(c) no owner or occupier of the premises has identified themselves to the relevant body.

(6) A notice under this subsection must be addressed to “The owners and any occupiers” of the premises (describing it) and a copy of it must be affixed to some conspicuous object on the premises (in so doing the relevant body is to be treated as having provided notice to each owner or occupier whose name and address is unknown).

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14E Emergency species control orders S

(1) Where a relevant body considers that the making of a species control order is urgently necessary, the relevant body may, despite section 14D(1)(b), make a species control order whether or not any of subsections (2) to (4) of section 14D apply (such an order is referred to in this Part as an “emergency species control order”).

(2) An emergency species control order expires 49 days after it is made.

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14F Content of species control orders S

(1) A species control order must—

(a) describe the premises to which it relates;

(b) be accompanied by a map on which the premises to which it relates are delineated;

(c) specify the type of invasive animal or plant in question;

(d) specify—

(i) any operations which are to be carried out on the premises for the purpose of controlling or eradicating the type of invasive animal or plant in question;

(ii) the person who is to carry out the operations; and

(iii) how and when the operations are to be carried out;

(e) specify any operations which must not be carried out on the premises (referred to in this Part as “excluded operations”);

(f) specify the date on which the order is to come into effect and the period for which it is to have effect; and

(g) set out the circumstances in which an appeal may be made under section 14H against either the decision to make the order or the terms of the order.

(2) A species control order—

(a) may provide for the making of payments by the relevant body making the order;

(b) other than an emergency species control order, may provide for the making of payments by the owner or occupier of the premises to which the order relates,

to any person in respect of reasonable costs incurred by a person carrying out an operation under the order.

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14G Notice of species control orders S

(1) A relevant body making a species control order must give notice of the making of the order—

(a) to the owner and any occupier of the premises to which the order relates; and

(b) where the relevant body is a body other than the Scottish Ministers, to the Scottish Ministers.

(2) Notice must—

(a) be in writing;

(b) specify the relevant body's reasons for making the order;

(c) attach a copy of the order; and

(d) where the order is an emergency species control order, state that fact.

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14H Appeals in connection with species control orders S

(1) Any owner or occupier of premises to which a species control order relates may appeal to the sheriff if aggrieved by—

(a) a decision of a relevant body to make the species control order; or

(b) the terms of such an order.

(2) An appeal under subsection (1) must be lodged not later than 28 days after the date on which the relevant body gave notice to the appellant of the decision being appealed.

(3) The sheriff may suspend any effect of an emergency species control order pending the determination of an appeal.

(4) The sheriff must determine an appeal under subsection (1) on the merits rather than by way of review and may do so by—

(a) affirming the order in question;

(b) directing the relevant body to amend the order in such manner as the sheriff may specify;

(c) directing the relevant body to revoke the order; or

(d) making such other order as the sheriff thinks fit.

(5) A decision of the sheriff on appeal is final except on a point of law.

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14I Coming into effect of species control orders S

Unless a species control order specifies a later date under section 14F(1)(f), such an order has effect from—

(a) in the case where an order is an emergency species control order, the giving of notice in accordance with section 14G;

(b) in any other case—

(i) the expiry of the time limit for appealing against the decision to make the order; or

(ii) where such an appeal is made, its withdrawal or final determination.

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14J Review of species control orders S

(1) A relevant body which has made a species control order may, when it thinks fit, review the order prior to its expiry for the purposes of determining whether it should make an order revoking the order.

(2) If, on completion of a review, the relevant body decides that the species control order should be revoked, it may make an order to that effect.

(3) The making of an order to revoke a species control order does not prevent a relevant body subsequently making a species control order in relation to the same premises.

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14K Offences in relation to species control orders S

(1) Any person who, without reasonable excuse, fails to carry out, in the manner required by a species control order, an operation which the person is required by the order to carry out is guilty of an offence.

(2) Any person who intentionally obstructs any person from carrying out an operation required to be carried out under a species control order is guilty of an offence.

(3) Any person who, without reasonable excuse, carries out, or causes or permits to be carried out, any excluded operation is guilty of an offence.

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14L Enforcement of operations under species control orders S

(1) This section applies where a relevant body considers—

(a) that any operation required to be carried out by a species control order it has made has not been carried out within the period or by the date specified in it; or

(b) that any such operation has been carried out otherwise than in the manner required under the order.

(2) The relevant body—

(a) may carry out the operation, or such further work as is necessary to ensure that it is carried out, in the manner required under the order;

(b) is not required to make any payment (and may recover any payments made) in pursuance of the species control order in relation to the operation in question; and

(c) may recover from the person whom the species control order required to carry out the operation any expenses reasonably incurred by it in doing so (less any payment which the relevant body is required to make in relation to the carrying out of the operation under the order by virtue of section 14F(2)(a)).

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14M Species control orders: powers of entry S

(1) A person authorised in writing by a relevant body may enter any premises for any of the following purposes—

(a) to determine whether or not to offer to enter into a species control agreement with the owner or, as the case may be, occupier of the premises;

(b) to determine whether or not to make or revoke a species control order;

(c) to serve notice to an owner or occupier of premises in accordance with section 14D(5)(a) or 14G;

(d) to ascertain whether an offence under section 14K is being, or has been, committed in relation to an order made by the relevant body;

(e) to carry out an operation or other work in pursuance of section 14L(2)(a).

(2) A person so authorised to enter premises may not demand admission as of right to any land which is occupied unless—

(a) the entry is for a purpose mentioned in subsection (1)(a) or (b) and at least 24 hours' notice of the intended entry has been given;

(b) the entry is for a purpose mentioned in subsection (1)(c) or (d); or

(c) the entry is for a purpose mentioned in subsection (1)(e) and at least 14 days' notice of the intended entry has been given.

(3) Subsection (2) does not apply in relation to entry in connection with an emergency species control order.

(4) Nothing in this section authorises any person to break any lock barring access to premises which the person is authorised to enter.

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14N Species control orders: entry by warrant etc. S

(1) If a sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for a person authorised by a relevant body to enter premises for a purpose mentioned in section 14M(1) and that—

(a) admission to the premises has been refused;

(b) such refusal is reasonably apprehended;

(c) the premises are unoccupied;

(d) the occupier is temporarily absent from the premises;

(e) the giving of notice under section 14M(2) would defeat the object of the proposed entry; or

(f) the situation is one of urgency,

the sheriff or justice may grant a warrant authorising the person to enter premises (including lockfast places), if necessary using reasonable force.

(2) In the cases of a warrant under subsection (1)(a) to (d), a sheriff or justice must not grant a warrant unless satisfied that notice of the intended entry has been given in the manner described in section 14M.

(3) A warrant under this section—

(a) may be executed without notice; and

(b) continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify.

(4) Any person authorised by a warrant to enter any premises must, if required to do so by the owner or occupier or anyone acting on the owner or occupier's behalf, show that person the warrant.

(5) Any person authorised by a warrant to use reasonable force—

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

(b) may not use force against an individual.

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14O Species control orders: powers of entry: supplemental S

(1) Any person who exercises a power of entry to premises in accordance with section 14M or 14N may—

(a) be accompanied by any other person; and

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

for the purpose of assisting the person in the exercise of that power.

(2) A power specified in subsection (1) which is exercisable under a warrant is subject to the terms of the warrant.

(3) Any person leaving any premises which have been entered in exercise of a power conferred by section 14M or a warrant granted under section 14N, being either unoccupied premises or premises from which the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as the person found the premises.

(4) A relevant body must compensate any person who has sustained damage by reason of—

(a) the exercise by a person authorised by the relevant body of any powers of entry conferred on the person by section 14M or a warrant granted under section 14N; or

(b) the failure of a person so authorised to perform the duty imposed by subsection (3),

unless the damage is attributable to the fault of the person who sustained it.

(5) Any dispute as to a person's entitlement to compensation, or to the amount of such compensation, is to be determined by arbitration.

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

14P Interpretation of sections 14 to 14O S

(1) This section applies to sections 14 to 14O only.

(2) Any reference to the native range of an animal or plant, or a type of animal or plant, is a reference to the locality to which the animal or plant of that type is indigenous, and does not refer to any locality to which that type of animal or plant has been imported (whether intentionally or otherwise) by any person.

(3) The native range of a hybrid animal or plant is any locality within the native range of both parents of the hybrid animal or plant.

(4) Any reference to an invasive animal or invasive plant, or type of such an animal or plant, is a reference to an animal or plant of a type which if not under the control of any person, would be likely to have a significant adverse impact on—

(a) biodiversity;

(b) other environmental interests; or

(c) social or economic interests.

(5) Any reference to premises—

(a) includes reference to land (including lockfast places and other buildings), movable structures, vehicles, vessels, aircraft and other means of transport; but

(b) does not include reference to dwellings.

(6) Any reference to a relevant body is a reference to—

(a) the Scottish Ministers;

(b) Scottish Natural Heritage;

(c) the Scottish Environment Protection Agency; F96 ...

F96 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Any reference to an animal includes a reference to ova, semen and milt of the animal.

(8) “Plant” includes fungi and any reference to a plant includes a reference to—

(a) bulbs, corms and rhizomes of the plant; and

(b) notwithstanding section 27(3ZA), seeds and spores of the plant.]

Textual Amendments

F95 Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)

F96 S. 14P(6)(d) and word repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with s. 83); S.S.I. 2019/47, reg. 2 (with regs. 3-22)

15 Endangered species (import and export). U.K.

X1 (1) The M9 Endangered Species (Import and Export) Act 1976 shall have effect subject to the amendments provided for in Schedule 10 ; and in that Schedule “the 1976 Act” means that Act.

(2) The functions of the [F97 GB conservation bodies] shall include power to advise or assist—

(a) any constable;

(b) any officer commissioned or other person appointed or authorised by the Commissioners of Customs and Excise to exercise any function conferred on the Commissioners by the said Act of 1976; or

(c) any person duly authorised by the Secretary of State under section 7(3) of that Act,

in, or in connection with, the enforcement of that Act or any order made under it.

Editorial Information

X1 The text of ss. 15(1), 38(6), 40, 46(1)-(3), and 47(3) 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

F97 Words in s. 15(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 71; S.I. 2006/2541, art. 2

Marginal Citations

M9 1976 c. 72.

[F98 15A Possession of pesticides S

(1) Any person who is in possession of any pesticide containing one or more prescribed active ingredient shall be guilty of an offence.

(2) A person shall not be guilty of an offence under subsection (1) if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with—

(a) any regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), or

[F99 (b) Regulation (EU) No 528/2012 of the European Parliament and of the Council.]

[F100 (2A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by subsection (1) shall be guilty of an offence.]

(3) In this section—

• “pesticide” has the meaning given in the Food and Environment Protection Act 1985 (c. 48), and

• “prescribed active ingredient” means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers.]

Textual Amendments

F98 S. 15A inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 14; S.S.I. 2004/407, art. 2

F99 S. 15A(2)(b) substituted (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), reg. 2(1), Sch. 5 para. 1 (with regs. 3(4)(5), 31)

F100 S. 15A(2A) inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 21(4), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)

Supplemental U.K.

16 Power to grant licences. E+W

(1) Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—

[F101 (a) for scientific, research or educational purposes;]

(b) for the purpose of ringing or marking, or examining any ring or mark on, wild birds;

(c) for the purpose of conserving wild birds;

[F102 (ca) for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

(cb) for the purpose of conserving flora or fauna;]

(d) for the purpose of protecting any collection of wild birds;

(e) for the purposes of falconry or aviculture;

(f) for the purposes of any public exhibition or competition;

(g) for the purposes of taxidermy;

(h) for the purpose of photography;

(i) for the purposes of preserving public health or public or air safety;

(j) for the purpose of preventing the spread of disease; or

(k) for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber [F103 , fisheries or inland waters],

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

[F104 (1A) The appropriate authority—

(a) shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and

(b) shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.]

(2) Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—

(a) a gannet on the island of Sula Sgeir; or

(b) a gull’s egg or, at any time before 15th April in any year, a lapwing’s egg,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

(3) Sections 9(1), (2) [F105 , (4) and (4A)], 11(1) and (2) and 13(1) do not apply to anything done—

(a) for scientific or educational purposes;

(b) for the purpose of ringing or marking, or examining any ring or mark on, wild animals;

(c) for the purpose of conserving wild animals or wild plants or introducing them to particular areas;

(d) for the purpose of protecting any zoological or botanical collection;

(e) for the purpose of photography;

(f) for the purpose of preserving public health or public safety;

(g) for the purpose of preventing the spread of disease; or

(h) for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

[F106 (3ZA) A licence granted under subsection (3) may permit the use of a trap or snare for the purpose of killing, taking or restraining a wild animal included in Schedule 6ZA only if the trap or snare—

(a) meets the conditions relating to certification (see subsections (3ZB) to (3ZF)); or

(b) meets the approved design conditions (see subsections (3ZG to (3ZI)).

This subsection is subject to (3ZJ).

(3ZB) For the purposes of subsection (3ZA)(a) the conditions relating to certification are that—

(a) the trap or snare is of a certified type and make;

(b) the manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; and

(c) where it is manufactured on or after 28th March 2019, the trap or snare is identified by its manufacturer by means of a permanent marking as being of a certified type and make.

(3ZC) For the purposes of subsection (3ZB)(b), instructions provided by the supplier of a trap or snare with the authorisation of the manufacturer of that trap or snare are to be treated as provided by the manufacturer.

(3ZD) For the purposes of this section, a type and make of trap or snare is “certified” in relation to a wild animal included in Schedule 6ZA if it is certified by or on behalf of any of the following authorities as conforming (where the trap or snare is set in accordance with any instructions provided by the manufacturer) to the standards set out in the international trapping standards agreement in relation to the trapping of that animal—

(a) the Secretary of State;

(b) the Welsh Ministers;

(c) the Scottish Ministers;

(d) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(e) an authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority.

(3ZE) The relevant authority shall—

(a) publish in such manner as it considers appropriate a list of all traps and snares of a certified type and make of which it is aware; and

(b) make the list available to anyone who asks for it in in writing.

(3ZF) For the purposes of subsection (3ZE), “the relevant authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers.

(3ZG) For the purposes of subsection (3ZA)(b) a trap or snare meets the approved design conditions if it—

(a) has been constructed by the person using it; and

(b) complies with a design approved for this purpose by or on behalf of the Secretary of State (where it is used in England or Scotland) or the Welsh Ministers (where it is used in Wales).

(3ZH) The relevant authority must—

(a) publish in such manner as it considers appropriate details of the design of a trap or snare approved in accordance with subsection (3ZG)(b); and

(b) make the details available to anyone who asks for them in writing.

(3ZI) In subsection (3ZH), “the relevant authority” means—

(a) the Secretary of State, for designs of traps or snares approved for use in England;

(b) the Welsh Ministers, for designs of traps or snares approved for use in Wales;

(c) the Scottish Ministers, for designs of traps or snares approved for use in Scotland.

(3ZJ) Subsection (3ZA) does not apply where the licence—

(a) is granted in accordance with any of paragraphs (a) to (d) or paragraphs (f) to (h) of subsection (3) and is subject to such conditions as the appropriate authority considers appropriate when granting the licence;

(b) does not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; and

(c) is accompanied by a written explanation of the reasons for that opinion and for the grant of the licence.

(3ZK) In this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation.]

(4) The following provisions, namely—

(a) section 6(1) and (2);

(b) sections 9(5) and 13(2); and

(c) [F107 sections 14 and 14ZA],

do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.

(5) Subject to [F108 subsections (5A) and (6)], a licence under the foregoing provisions of this section—

(a) may be, to any degree, general or specific;

(b) may be granted either to persons of a class or to a particular person;

(c) may be subject to compliance with any specified conditions;

(d) may be modified or revoked at any time by the appropriate authority; and

(e) subject to paragraph (d), shall be valid for the period stated in the licence;

and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.

[F109 (5A) A licence under subsection (1) which authorises any action in respect of wild birds—

(a) shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;

(b) shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and

(c) subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.]

(6) A licence under subsection [F110 (2) or (3)] which authorises any person to kill wild birds or wild animals—

(a) shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and

(b) subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.

(7) It shall be a defence in proceedings for an offence under section 8(b) of the M10 Protection of Animals Act 1911 or section 7(b) of the M11 Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—

(a) the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and

(b) any conditions specified in the licence were complied with.

(8) For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.

[F111 (8A) In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “the appropriate authority” means the Marine Management Organisation.]

[F112 (8C) In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to Wales, “the appropriate authority” means the Natural Resources Body for Wales.]

(9) [F113 Except as provided by [F114 subsections (8A) and (8C)],] In this section “the appropriate authority” means—

(a) in the case of a licence under [F115 any of paragraphs (a) to (cb)] of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the [F116 relevant][F117 conservation body];

(b) in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid;

(c) in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) of subsection (3), the [F116 relevant][F117 conservation body];

(d) in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and

(e) in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.

[F118 (9A) In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in [F119 the Wild Birds Directive].]

(10) The agriculture Minister—

(a) shall from time to time consult with [F120 each of the [F121 GB conservation bodies]] as to the exercise [F122 in the area of that [F123 body]] of his functions under this section; and

(b) shall not grant a licence of any description unless he has been advised by the [F124 relevant [F117 conservation body]] as to the circumstances in which, in their opinion, licences of that description should be granted.

[F125 (11) For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the [F117 conservation body] for the area in which it is proposed to carry on the activity requiring a licence.]

[F126 (12) In this section—

(a) “the restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark;

(b) “the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009.

[F127 (c) “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.]]

Extent Information

E13 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F101 S. 16(1)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(a)

F102 S. 16(1)(ca)(cb) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(b)

F103 Words in s. 16(2)(k) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(c)

F104 S. 16(1A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(3)

F105 Words in s. 16(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 6

F106 S. 16(3ZA)-(3ZK) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 4

F107 Words in s. 16(4) substituted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(2); S.I. 2006/2541, art. 2

F108 Words in s. 16(5) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(4)

F109 S. 16(5A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(5)

F110 Words in s. 16(6) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(6)

F111 S. 16(8A) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 10(2)(5), 324(3); S.I. 2010/298, art. 2, Sch. Pt. 1 para. 2

F112 S. 16(8C) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 170(2) (with Sch. 7)

F113 Words in s. 16(9) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 10(3)(5), 324(3); S.I. 2010/298, art. 2, Sch. Pt. 1 para. 2

F114 Words in s. 16(9) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 170(3) (with Sch. 7)

F115 Words in s. 16(9)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(7)

F116 Word in s. 16(9) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(a); S.I. 1991/685, art. 3

F117 Words in s. 15(9)(a)(c)(10)(b)(11) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(3); S.I. 2006/2541, art. 2

F118 S. 16(9A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(8)

F119 Words in s. 16(9A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats,  & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(5)

F120 Words in s. 16(10)(a) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3

F121 Words in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(a); S.I. 2006/2541, art. 2

F122 Words in s. 16(10)(a) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3

F123 Word in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(b); S.I. 2006/2541, art. 2

F124 Words in s. 16(10)(b) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(c); S.I. 1991/685, art. 3

F125 S. 16(11) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(d); S.I. 1991/685, art. 3

F126 S. 16(12) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 10(4)(5), 324(3); S.I. 2010/298, art. 2, Sch. Pt. 1 para. 2

F127 S. 16(12)(c) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 170(4) (with Sch. 7)

Modifications etc. (not altering text)

C8 S. 16: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C9 S. 16 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

Marginal Citations

M10 1911 c. 27.

M11 1912 c. 14.

16 Power to grant licences. S

(1) Sections 1, 5, 6(3), 7 and 8 F749 ... do not apply to anything done—

[F750 (a) for scientific, research or educational purposes;]

(b) for the purpose of ringing or marking, or examining any ring or mark on, wild birds;

(c) for the purpose of conserving wild birds;

[F751 (ca) for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

(cb) for the purpose of conserving flora or fauna;]

(d) for the purpose of protecting any collection of wild birds;

(e) for the purposes of falconry or aviculture;

(f) for the purposes of any public exhibition or competition;

(g) for the purposes of taxidermy;

(h) for the purpose of photography;

(i) for the purposes of preserving public health or public or air safety;

(j) for the purpose of preventing the spread of disease; or

(k) for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber [F752 , fisheries or inland waters],

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

[F753 (1A) The appropriate authority—

(a) shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and

(b) shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.]

(2) Section 1 [F754 does] not apply to anything done for the purpose of providing food for human consumption in relation to—

(a) a gannet on the island of Sula Sgeir; or

(b) a gull’s egg F755 . . . ,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

(3) Sections 9(1), (2) [F756 , (4) and (4A)], [F757 10A(1),] 11(1) [F758 , (2) and (3C)(a)] [F759 , 11C] [F760 , 11G(1)] and 13(1) do not apply to anything done—

(a) for scientific [F761 , research] or educational purposes;

(b) for the purpose of ringing or marking, or examining any ring or mark on, wild animals;

(c) for the purpose of conserving [F762 wild birds,] wild animals or wild plants or introducing them to particular areas;

[F763 (ca) for the purpose of conserving any area of natural habitat;]

(d) for the purpose of protecting any zoological or botanical collection;

(e) for the purpose of photography;

(f) for the purpose of preserving public health or public safety;

(g) for the purpose of preventing the spread of disease; F764 ...

(h) for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries [F765 ; or

(i) for any other social, economic or environmental purpose,]

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

[F106 (3ZA) A licence granted under subsection (3) may permit the use of a trap or snare for the purpose of killing, taking or restraining a wild animal included in Schedule 6ZA only if the trap or snare—

(a) meets the conditions relating to certification (see subsections (3ZB) to (3ZF)); or

(b) meets the approved design conditions (see subsections (3ZG to (3ZI)).

This subsection is subject to (3ZJ).

(3ZB) For the purposes of subsection (3ZA)(a) the conditions relating to certification are that—

(a) the trap or snare is of a certified type and make;

(b) the manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; and

(c) where it is manufactured on or after 28th March 2019, the trap or snare is identified by its manufacturer by means of a permanent marking as being of a certified type and make.

(3ZC) For the purposes of subsection (3ZB)(b), instructions provided by the supplier of a trap or snare with the authorisation of the manufacturer of that trap or snare are to be treated as provided by the manufacturer.

(3ZD) For the purposes of this section, a type and make of trap or snare is “certified” in relation to a wild animal included in Schedule 6ZA if it is certified by or on behalf of any of the following authorities as conforming (where the trap or snare is set in accordance with any instructions provided by the manufacturer) to the standards set out in the international trapping standards agreement in relation to the trapping of that animal—

(a) the Secretary of State;

(b) the Welsh Ministers;

(c) the Scottish Ministers;

(d) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(e) an authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority.

(3ZE) The relevant authority shall—

(a) publish in such manner as it considers appropriate a list of all traps and snares of a certified type and make of which it is aware; and

(b) make the list available to anyone who asks for it in in writing.

(3ZF) For the purposes of subsection (3ZE), “the relevant authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers.

(3ZG) For the purposes of subsection (3ZA)(b) a trap or snare meets the approved design conditions if it—

(a) has been constructed by the person using it; and

(b) complies with a design approved for this purpose by or on behalf of the Secretary of State (where it is used in England or Scotland) or the Welsh Ministers (where it is used in Wales).

(3ZH) The relevant authority must—

(a) publish in such manner as it considers appropriate details of the design of a trap or snare approved in accordance with subsection (3ZG)(b); and

(b) make the details available to anyone who asks for them in writing.

(3ZI) In subsection (3ZH), “the relevant authority” means—

(a) the Secretary of State, for designs of traps or snares approved for use in England;

(b) the Welsh Ministers, for designs of traps or snares approved for use in Wales;

(c) the Scottish Ministers, for designs of traps or snares approved for use in Scotland.

(3ZJ) Subsection (3ZA) does not apply where the licence—

(a) is granted in accordance with any of paragraphs (a) to (d) or paragraphs (f) to (h) of subsection (3) and is subject to such conditions as the appropriate authority considers appropriate when granting the licence;

(b) does not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; and

(c) is accompanied by a written explanation of the reasons for that opinion and for the grant of the licence.

(3ZK) In this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation.]

[F766 (3A) The appropriate authority shall not grant a licence under subsection (3)(i) unless it is satisfied—

(a) that undertaking the conduct authorised by the licence will give rise to, or contribute towards the achievement of, a significant social, economic or environmental benefit; and

(b) that there is no other satisfactory solution.]

(4) The following provisions, namely—

(a) section 6(1) and (2);

(b) sections 9(5) [F767 , 11I(1)] and 13(2); and

(c) [F768 sections 14 [F769 , 14ZC] [F770 , 14A and 14AA]],

do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.

[F771 (4A) The appropriate authority shall not grant a licence under subsection (4) permitting anything to be done in contravention of section 6(1) or (2) unless it is satisfied that there is no other satisfactory solution.]

[F772 (4B) Schedule 9B contains provision restricting the granting of licences under subsection (4)(c) permitting activities which contravene Article 7(1)(b) to (h) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species.]

(5) Subject to [F773 subsections (5A) and (6)], a licence under the foregoing provisions of this section—

(a) may be, to any degree, general or specific;

(b) may be granted either to persons of a class or to a particular person;

(c) may be subject to compliance with any specified conditions;

(d) may be modified or revoked at any time by the appropriate authority; and

(e) subject to paragraph (d), shall be valid for the period stated in the licence;

and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.

[F774 (5A) A licence under subsection (1) which authorises any action in respect of wild birds—

(a) shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;

(b) shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and

(c) subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.]

(6) A licence under subsection [F775 (2) or (3)] which authorises any person to kill wild birds or wild animals—

(a) shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and

(b) subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.

(7) It shall be a defence in proceedings for an offence under section 8(b) of the M52 Protection of Animals Act 1911 or section 7(b) of the M53 Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—

(a) the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and

(b) any conditions specified in the licence were complied with.

(8) For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.

[F111 (8A) In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “the appropriate authority” means the Marine Management Organisation.]

F776 (8B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F777 (9) In this section “the appropriate authority” means the Scottish Ministers or such other person to whom the Scottish Ministers delegate power under section 16A.

(9ZA) The Scottish Ministers must consult Scottish Natural Heritage before granting or modifying a licence under any of subsections (1) to (5).

(9ZB) Subsection (9ZA) does not apply in relation to licences granted under—

(a) paragraph (i), (j) or (k) of subsection (1);

(b) paragraph (f), (g) or (h) of subsection (3); or

(c) paragraph (c) of subsection (4).]

[F778 (9A) In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 ( No. 79/409/ EEC ) on the conservation of wild birds.]

(10) The agriculture Minister—

(a) shall from time to time consult with [F779 each of the [F780 GB conservation bodies]] as to the exercise [F781 in the area of that [F782 body]] of his functions under this section; and

(b) shall not grant a licence of any description unless he has been advised by the [F783 relevant [F784 conservation body]] as to the circumstances in which, in their opinion, licences of that description should be granted.

[F785 (11) For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the [F784 conservation body] for the area in which it is proposed to carry on the activity requiring a licence.]

[F126 (12) In this section—

(a) “the restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark;

(b) “the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009.

[F127 (c) “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.]]

F786 [F787 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E44 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F106 S. 16(3ZA)-(3ZK) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 4

F111 S. 16(8A) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 10(2)(5), 324(3); S.I. 2010/298, art. 2, Sch. Pt. 1 para. 2

F126 S. 16(12) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 10(4)(5), 324(3); S.I. 2010/298, art. 2, Sch. Pt. 1 para. 2

F127 S. 16(12)(c) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 170(4) (with Sch. 7)

F749 Words in s. 16(1) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)

F750 S. 16(1)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(a)

F751 S. 16(1)(ca)(cb) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(b)

F752 Words in s. 16(2)(k) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(c)

F753 S. 16(1A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(3)

F754 Word in s. 16(2) substituted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)

F755 Words in s. 16(2)(b) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(a); S.S.I. 2004/407, art. 2

F756 Words in s. 16(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(i); S.S.I. 2004/407, art. 2

F757 Word in s. 16(3) inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 9(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(g); S.S.I. 2011/433, art. 2(1)(b)

F758 Words in s. 16(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(ii); S.S.I. 2004/407, art. 2

F759 Word in s. 16(3) inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(4), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(iii)

F760 Word in s. 16(3) inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 9(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(g); S.S.I. 2011/433, art. 2(1)(b)

F761 Words in s. 16(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(iii); S.S.I. 2004/407, art. 2

F762 Words in s. 16(3)(c) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(iv); S.S.I. 2004/407, art. 2

F763 S. 16(3)(ca) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(v); S.S.I. 2004/407, art. 2

F764 Word in s. 16(3) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)

F765 S. 16(3)(i) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)

F766 S. 16(3A) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)

F767 Word in s. 16(4)(b) inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 9(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(g); S.S.I. 2011/433, art. 2(1)(b)

F768 Words in s. 16(4) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(c); S.S.I. 2004/407, art. 2

F769 Word in s. 16(4)(c) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(2), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c) (with art. 3(3)(4))

F770 Words in s. 16(4)(c) substituted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(4)(a)

F771 S. 16(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(d); S.S.I. 2004/407, art. 2

F772 S. 16(4B) inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(4)(b)

F773 Words in s. 16(5) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(4)

F774 S. 16(5A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(5)

F775 Words in s. 16(6) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(6)

F776 S. 16(8B) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(c), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)

F777 S. 16(9)-(9ZB) substituted for s. 16(9)-(9ZC) (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)

F778 S. 16(9A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(8)

F779 Words in s. 16(10)(a) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3

F780 Words in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(a); S.I. 2006/2541, art. 2

F781 Words in s. 16(10)(a) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3

F782 Word in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(b); S.I. 2006/2541, art. 2

F783 Words in s. 16(10)(b) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(c); S.I. 1991/685, art. 3

F784 Words in s. 16(9)(a)(c)(10)(b)(11) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(3); S.I. 2006/2541, art. 2

F785 S. 16(11) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(d); S.I. 1991/685, art. 3

F786 S. 16(13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(e), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)

F787 S. 16(13) inserted (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 104(5), 168(1) (with s. 162); S.S.I. 2010/230, art. 2(b)

Modifications etc. (not altering text)

C9 S. 16 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

C40 S. 16: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

M52 1911 c. 27.

M53 1912 c. 14.

[F128 16A Delegation of licence-granting power: Scotland S

(1) The Scottish Ministers may delegate their functions in relation to licences under section 16 to—

(a) Scottish Natural Heritage; or

(b) a local authority.

(2) But a function may be delegated to a local authority only in so far as it relates to—

(a) the development of land within the meaning of section 26(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8); or

(b) the demolition of buildings within the meaning of section 55 of the Building (Scotland) Act 2003 (asp 8).

(3) A delegation may be, to any degree, general or specific and may in particular relate to—

(a) a particular type of bird, other animal or plant;

(b) a particular licence or type of licence;

(c) a particular area.

(4) Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type that were granted before the delegation.

(5) A delegation to—

(a) Scottish Natural Heritage under subsection (1)(a) is to be made by written direction;

(b) a local authority under subsection (1)(b) is to be made by order.

(6) A local authority which is delegated a function under subsection (1)(b) must, before granting or modifying a licence, consult Scottish Natural Heritage.

(7) The Scottish Ministers may modify or revoke a direction under subsection (5)(a).

(8) Where a direction or order under subsection (5) is revoked, any existing licence granted under the direction or order continues to have effect (unless the revoking direction or order provides otherwise).]

Textual Amendments

F128 S. 16A inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)

17 False statements made for obtaining registration[F129 , identification number] or licence etc. S

A person who, for the purposes of obtaining, whether for himself or another, a registration in accordance with regulations made under section [F130 6(2) or] 7(1)[F131 , an identification number under section 11A(4)] or the grant of a licence under section 16—

(a) makes a statement or representation, or furnishes a document or information, which he knows to be false in a material particular; or

(b) recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular,

shall be guilty of an offence.

Textual Amendments

F129 Words in s. 17 heading inserted (S.) (22.11.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(5)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3A)(b) (as inserted by S.S.I. 2012/281, art. 2(2))

F130 Words in s. 17 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV

F131 Words in s. 17 inserted (S.) (22.11.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(5)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3A)(b) (as inserted by S.S.I. 2012/281, art. 2(2))

18 Attempts to commit offences etc. E+W+S

(1) Any person who attempts to commit an offence under the foregoing provisions of this Part shall be guilty of an offence and shall be punishable in like manner as for the said offence.

(2) Any person who for the purposes of committing an offence under the foregoing provisions of this Part, has in his possession anything capable of being used for committing the offence shall be guilty of an offence and shall be punishable in like manner as for the said offence.

[F132 18A Wildlife inspectors E+W

(1) In this Part, “wildlife inspector” means a person authorised in writing under this section by—

(a) the Secretary of State (in relation to England), or

(b) the National Assembly for Wales (in relation to Wales).

(2) An authorisation under subsection (1) is subject to any conditions or limitations specified in it.

(3) A wildlife inspector must, if required to do so, produce evidence of his authority before entering any premises under section 18B or 18D.

(4) A wildlife inspector entering premises under either of those sections may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under section 18C or 18E.]

Extent Information

E14 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F132 Ss. 18A-18F inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 1; S.I. 2006/1382, art. 2

Modifications etc. (not altering text)

C10 S. 18A applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2

[F788 18A Vicarious liability for certain offences by employee or agent S

(1) This subsection applies where, on or in relation to any land, a person (A) commits a relevant offence while acting as the employee or agent of a person (B) who—

(a) has a legal right to kill or take a wild bird on or over that land; or

(b) manages or controls the exercise of any such right.

(2) Where subsection (1) applies, B is also guilty of the offence and liable to be proceeded against and punished accordingly.

(3) In any proceedings under subsection (2), it is a defence for B to show—

(a) that B did not know that the offence was being committed by A; and

(b) that B took all reasonable steps and exercised all due diligence to prevent the offence being committed.

(4) Proceedings may be taken against B in respect of the offence whether or not proceedings are also taken against A.

(5) For the purposes of subsection (1)(b), management or control of the exercise of a right to kill or take any wild bird on or over land includes in particular management or control of any of the following—

(a) the operation or activity of killing or taking any such birds on or over that land;

(b) the habitat of any such birds on that land;

(c) the presence on or over that land of predators of any such birds;

(d) the release of birds from captivity for the purpose of their being killed or taken on or over that land.

(6) In this section and section 18B, “a relevant offence” is—

(a) an offence under—

(i) section 1(1), (5) or (5B);

(ii) section 5(1)(a) or (b); or

(iii) section 15A(1); and

(b) an offence under section 18 committed in relation to any of the offences mentioned in paragraph (a).]

Extent Information

E45 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F788 Ss. 18A, 18B inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 24, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)

[F132 18B Group 1 offences and licences: power to enter premises E+W

(1) A wildlife inspector may, at any reasonable time, enter and inspect any premises—

(a) for the purpose of ascertaining whether a Group 1 offence is being or has been committed;

(b) for the purpose of—

(i) verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 1 licence, or

(ii) ascertaining whether any condition to which a Group 1 licence was subject has been complied with.

(2) In this Part—

• “Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and

• “Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.

(3) Nothing in this section confers power to enter a dwelling.]

Extent Information

E15 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F132 Ss. 18A-18F inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 1; S.I. 2006/1382, art. 2

Modifications etc. (not altering text)

C11 S. 18B applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2

[F788 18B Liability where securing services through another S

(1) This subsection applies where, on or in relation to any land—

(a) a person (A) commits a relevant offence;

(b) at the time the offence is committed, A is providing relevant services for a person (B); and

(c) B—

(i) has a legal right to kill or take a wild bird on or over that land; or

(ii) manages or controls the exercise of any such right.

(2) Where subsection (1) applies, B is also guilty of the offence and liable to be proceeded against and punished accordingly.

(3) In any proceedings under subsection (2), it is a defence for B to show—

(a) that B did not know that the offence was being committed by A; and

(b) that B took all reasonable steps and exercised all due diligence to prevent the offence being committed.

(4) Proceedings may be taken against B in respect of the offence whether or not proceedings are also taken against A.

(5) For the purposes of subsection (1)(b), A is providing “relevant services” for B—

(a) if A manages or controls any of the following—

(i) the operation or activity of killing or taking any wild birds on or over that land;

(ii) the habitat of any such birds on that land;

(iii) the presence on or over that land of predators of any such birds;

(iv) the release of birds from captivity for the purpose of their being killed or taken on or over that land; and

(b) whether A is providing the services—

(i) by arrangement between A and B; or

(ii) by arrangement with or as employee or agent of any other person (C) who is providing or securing the provision of relevant services for B.

(6) For the purposes of subsection (5)(b)(ii), C is providing or securing the provision of relevant services for B if C manages or controls any of the things mentioned in sub-paragraphs (i) to (iv) of subsection (5)(a).]

Extent Information

E46 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F788 Ss. 18A, 18B inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 24, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)

[F132 18C Group 1 offences and licences: examining specimens and taking samples E+W

(1) The powers conferred by this section are exercisable where a wildlife inspector has entered any premises for a purpose mentioned in section 18B(1)(a) or (b).

(2) The inspector, or a veterinary surgeon accompanying him, may—

(a) for any such purpose, examine any specimen, and

(b) subject to subsection (5) and section 18F, take a sample from it.

(3) “Specimen” means—

(a) any bird, other animal or plant, or

(b) any part of, or anything derived from, a bird, other animal or plant.

(4) “Sample” means a sample of blood, tissue or other biological material.

(5) No sample may be taken under subsection (2) from a live bird, other animal or plant except for the purpose of establishing its identity or ancestry.

(6) The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—

(a) making an examination under subsection (2)(a), or

(b) taking a sample under subsection (2)(b).

(7) The inspector may take and remove from the premises a specimen which is not a live bird, other animal or plant, if there are reasonable grounds for believing that it is evidence of a Group 1 offence.

Textual Amendments

F132 Ss. 18A-18F inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 1; S.I. 2006/1382, art. 2

Modifications etc. (not altering text)

C12 S. 18C applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2

18D Group 2 offences and licences etc. : power to enter premises E+W

(1) A wildlife inspector may, at any reasonable time, enter and inspect any premises—

(a) for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;

(b) where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

(c) for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises;

(d) for the purpose of—

(i) verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 2 licence or a relevant registration, or

(ii) ascertaining whether any condition to which a Group 2 licence was subject has been complied with.

(2) In this Part—

• “Group 2 offence” means an offence under section 6, 7, 9(5), 13(2) or 14,

• “Group 2 licence” means a licence authorising anything which would otherwise be a Group 2 offence, and

• “relevant registration” means a registration in accordance with regulations under section 7(1).

(3) In subsection (1)—

(a) paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—

(i) a Group 2 licence or a relevant registration held by an occupier of the dwelling, or

(ii) an application by an occupier of the dwelling for a Group 2 licence or a relevant registration, and

(b) paragraph (c) does not confer any power to enter a dwelling.

Textual Amendments

F132 Ss. 18A-18F inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 1; S.I. 2006/1382, art. 2

18E Group 2 offences: examining specimens and taking samples E+W

(1) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector or a veterinary surgeon.

(2) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed, require the taking of a sample from a specimen found by him in the exercise of powers conferred by section 18D in order to determine its identity or ancestry.

(3) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed in respect of any specimen (the relevant specimen), require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—

(a) is alleged to be, or

(b) which the wildlife inspector suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(4) Where, pursuant to a requirement under this section—

(a) a bird or other animal is to be examined, or

(b) a sample is to be taken from a bird or other animal,

a person who has the bird or animal in his possession or control must give the person making the examination or taking the sample such assistance as he may reasonably require for that purpose.

(5) “Specimen” and “sample” have the same meaning as in section 18C.

(6) This section is subject to section 18F.

Textual Amendments

F132 Ss. 18A-18F inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 1; S.I. 2006/1382, art. 2

18F Restrictions on taking of samples from live specimens E+W

(1) No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird or other animal except by a veterinary surgeon.

(2) No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird, other animal or plant unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.]

Textual Amendments

F132 Ss. 18A-18F inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 1; S.I. 2006/1382, art. 2

Modifications etc. (not altering text)

C13 S. 18F applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2

19 Enforcement. E+W

(1) If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—

(a) stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b) search or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing;

(c) F133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.

(2) If a constable suspects with reasonable cause that any person is committing [F134 or has committed] an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) [F135 or arresting a person, in accordance with [F136 section 24] of Police and Criminal Evidence Act 1984, for such an offence], [F137 enter any premises other than a dwelling].

[F138 (2A) A constable may, for the purpose of assisting him in exercising the powers conferred by subsection (1)(b) and (d) when he has entered any premises under subsection (2), take with him—

(a) any other person, and

(b) any equipment or materials.]

(3) If a justice of the peace is satisfied by information on oath that there are reasonable grounds for [F139 suspecting that an offence under this Part has been committed] and that evidence of the offence may be found on any premises, he may grant a warrant to any constable F140 . . . to enter upon and search those premises for the purpose of obtaining that evidence.

In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.

[F141 (9) This section does not apply in relation to offences under Schedule 9A.]

Extent Information

E16 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F133 S. 19(1)(c) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. I

F134 Words in s. 19(2) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(2)(a); S.I. 2006/1382, art. 2

F135 Words inserted (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 6 para. 25

F136 Words in s. 19(2) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 56 (subject to art. 2(2)); S.I. 2005/3495, art. 2(1)(m)

F137 Words in s. 19(2) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(2)(b); S.I. 2006/1382, art. 2

F138 S. 19(2A) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(3); S.I. 2006/1382, art. 2

F139 Words in s. 19(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 7

F140 Words in s. 19(3) omitted (E.W.) (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(4) and repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 12; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2

F141 S. 19(9) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(4), 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

Modifications etc. (not altering text)

C14 S. 19(3) applied (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 13; S.I. 2006/1382, art. 2

19 Enforcement. S

(1) If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—

(a) stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b) [F789 search for,] search or examine any thing which that person may then be using or [F790 may have used, or may have or have had in his possession,] if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found [F791 in or] on that thing;

(c) arrest that person F792 . . . ;

(d) seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.

(2) If a constable suspects with reasonable cause that any person is committing [F793 or has committed] an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1), enter any land other than a [F794 dwelling or lockfast premises].

(3) If a justice of the peace is satisfied by [F795 evidence] on oath that there are reasonable grounds for suspecting that [F796 an offence under this Part] has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable [F797 to enter those premises, if necessary using reasonable force, and search them] for the purpose of obtaining that evidence.

In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.

[F798 (4) A warrant under subsection (3) continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify.

(5) A constable authorised by virtue of this section to enter any land must, if required to do so by the occupier or anyone acting on the occupier’s behalf, produce evidence of the constable’s authority.

(6) A constable who enters any land in the exercise of a power conferred by this section—

(a) may—

(i) be accompanied by any other persons, and

(ii) take any machinery, other equipment or materials on to the land,

for the purpose of assisting the constable in the exercise of that power,

(b) may take samples of any articles or substances found there and remove the samples from the land.

(7) A power specified in subsection (6)(a) or (b) which is exercisable under a warrant is subject to the terms of the warrant.

(8) A constable leaving any land which has been entered in exercise of a power conferred by subsection (2) or by a warrant under subsection (3), being either unoccupied land or land from which the occupier is temporarily absent, must leave it as effectively secured against unauthorised entry as the constable found it.]

Extent Information

E47 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F789 Words in s. 19(1)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(i); S.S.I. 2004/407, art. 2

F790 Words in s. 19(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(ii); S.S.I. 2004/407, art. 2

F791 Words in s. 19(1)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(iii); S.S.I. 2004/407, art. 2

F792 Words in s. 19(1)(c) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 4(a)

F793 Words in s. 19(2) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(b)(i); S.S.I. 2004/407, art. 2

F794 Words in s. 19(2) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(b)(ii); S.S.I. 2004/407, art. 2

F795 Words in s. 19(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(c)(i); S.S.I. 2004/407, art. 2

F796 S. 19(3): paras. (a)(b) substituted (S.) (26.3.2003) for words by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 4(b)

F797 Words in s. 19(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(c)(ii); S.S.I. 2004/407, art. 2

F798 S. 19(4)-(8) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(d); S.S.I. 2004/407, art. 2

[F142 19XA Constables' powers in connection with samples E+W

(1) A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred [F143 by section 19] is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample.

(2) A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (the relevant specimen) may require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—

(a) is alleged to be, or

(b) the constable suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(3) Where a sample from a live bird or other animal is to be taken pursuant to a requirement under this section, any person who has possession or control of the specimen must give the person taking the sample such assistance as he may reasonably require for that purpose.

(4) “Specimen” and “sample” have the same meaning as in section 18C.

(5) This section is subject to section 18F (restrictions on taking samples).

Textual Amendments

F142 S. 19XA, 19XB inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 3; S.I. 2006/1382, art. 2

F143 Words in s. 19XA(1) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 7; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 48(e) (subject to Sch. 2)

19XB Offences in connection with enforcement powers E+W

(1) A person is guilty of an offence if he—

(a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), or

(b) fails without reasonable excuse to give any assistance reasonably required under section 18C(6).

(2) A person is guilty of an offence if he—

(a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), or

(b) fails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), or

(c) fails without reasonable excuse to give any assistance reasonably required under section 18E(4).

(3) A person is guilty of an offence if he—

(a) fails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), or

(b) fails without reasonable excuse to give any assistance reasonably required under section 19XA(3).

(4) Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence.]

Textual Amendments

F142 S. 19XA, 19XB inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 3; S.I. 2006/1382, art. 2

19ZA Enforcement: wildlife inspectors. E+W

F144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 S. 19ZA omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 4 and repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107 {Sch. 12}; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2

19ZB Power to take samples. E+W

F145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F145 S. 19ZB omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 4 and repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107 {Sch. 12}; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2

[F146 19ZC Wildlife inspectors: Scotland S

(1) The Scottish Ministers may authorise any person to carry out the functions conferred by this section and section 19ZD(3), (4) and (8) (and any person so authorised is to be known as a “wildlife inspector”).

(2) An authorisation under subsection (1)—

(a) shall be in writing, and

(b) is subject to any conditions or limitations specified in it.

(3) A wildlife inspector may, at any reasonable time and (if required to do so) upon producing evidence of authorisation, enter and inspect—

(a) any premises for the purpose of ascertaining whether an offence under section 6, 9(5) [F147 , 11I(1)] or 13(2) is being, or has been, committed on those premises;

(b) any premises where the inspector has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

(c) any premises where the inspector has reasonable cause to believe that any birds are kept, for the purpose of ascertaining whether an offence under section 8(1) is being, or has been, committed on those premises;

(d) any premises for the purpose of ascertaining whether an offence under section 14 [F148 , 14ZC, 14A, [F149 14AA,] [F149 14AA,] 14B or 14K] is being, or has been, committed on those premises;

(e) any premises for the purpose of [F150 —

(i) verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a relevant registration or licence; or

(ii) ascertaining whether a condition to which a relevant registration or licence was subject to has been complied with.]

(4) In subsection (3)—

(a) paragraphs (a) to (c) do not confer power to enter a dwelling except for purposes connected with—

(i) a relevant registration or licence held by an occupier of the dwelling; or

(ii) an application by an occupier of the dwelling for a relevant registration or licence,

(b) paragraph (d) does not confer power to enter a dwelling.

(5) A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 8(1), 9(5), [F151 11I(1), 13(2), 14, 14ZC, 14A, [F152 14AA,] 14B or 14K] is being, or has been, committed in respect of any specimen, require any person who has possession or control of the specimen to make it available for examination by the inspector.

(6) Any person who has possession or control of any live bird or other animal shall give any wildlife inspector acting in the exercise of powers conferred by this section such assistance as the inspector may reasonably require for the purpose of examining the bird or other animal.

(7) Any person who—

(a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5); or

(b) fails without reasonable excuse to give any assistance reasonably required under subsection (6),

shall be guilty of an offence.

(8) Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence.

(9) In this section—

• “relevant registration or licence” means—

  (a)

  a registration in accordance with regulations under section 7(1); or

  (b)

  a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), [F153 11I(1), 13(2), 14, 14ZC [F154 , 14A or 14AA]];

• “specimen” means any bird, other animal [F155 , plant, fungus or micro-organism] or any part of, or anything derived from, a bird, other animal [F155 , plant, fungus or micro-organism].

Textual Amendments

F146 Ss. 19ZC, 19ZD inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 17; S.S.I. 2004/407, art. 2

F147 Word in s. 19ZC(3)(a) inserted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

F148 Words in s. 19ZC(3)(d) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

F149 Word in s. 19ZC(3)(d) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(a)

F150 Words in s. 19ZC(3)(e) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

F151 Words in s. 19ZC(5) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

F152 Word in s. 19ZC(5) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(b)

F153 Words in s. 19ZC(9) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

F154 Words in s. 19ZC(9) substituted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(c)(i)

F155 Words in s. 19ZC(9) substituted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(c)(ii)

Modifications etc. (not altering text)

C15 S. 19ZC applied (with modifications) (S.) (29.11.2004) by S.I. 1994/2716, reg. 101A(3) (as susbstituted by The Conservation (Natural Habitats, & c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), reg. 18

19ZD Power to take samples: Scotland S

(1) A constable who suspects with reasonable cause that a specimen found by the constable in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample of blood or tissue in order to determine its origin, identity or ancestry.

(2) A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (“the relevant specimen”) may require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.

(3) A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), [F156 11I(1), 13(2), 14, 14ZC, 14A, [F157 14AA,] 14B or 14K] is being or has been committed, require the taking of a sample of blood or tissue from a specimen found by the inspector in the exercise of powers conferred by section 19ZC(3)(a) to (d) in order to determine its origin, identity or ancestry.

(4) A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), [F156 11I(1), 13(2), 14, 14ZC, 14A, [F158 14AA,] 14B or 14K] is being or has been committed in respect of any specimen (“the relevant specimen”), require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.

(5) No sample from a live bird, other animal or plant shall be taken pursuant to a requirement under this section unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

(6) No sample from a live bird or other animal shall be taken pursuant to such a requirement except by a veterinary surgeon.

(7) Where a sample from a live bird or other animal is to be taken pursuant to such a requirement, any person who has possession or control of the specimen shall give the person taking the sample such assistance as that person may reasonably require for that purpose.

(8) A constable entering premises under section 19(2), and any wildlife inspector entering premises under section 19ZC(3), may take with him a veterinary surgeon if the constable or, as the case may be, inspector has reasonable grounds for believing that such a person will be required for the exercise on the premises of powers under subsection (1) or (2) or, as the case may be, (3) or (4).

(9) Any person who—

(a) intentionally obstructs a wildlife inspector acting in the exercise of the power conferred by subsection (3),

(b) fails without reasonable excuse to make available any specimen in accordance with a requirement under subsection (2) or (4), or

(c) fails without reasonable excuse to give any assistance reasonably required under subsection (7),

shall be guilty of an offence.

(10) In this section—

(a) “specimen” has the same meaning as in section 19ZC;

(b) in relation to a specimen which is a part of, or is derived from, a bird, other animal or plant, references to determining its origin, identity or ancestry are to determining the origin, identity or ancestry of the bird, other animal or plant.

[F159 (c) “tissue” means any type of biological material other than blood.]]

Textual Amendments

F146 Ss. 19ZC, 19ZD inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 17; S.S.I. 2004/407, art. 2

F156 Words in s. 19ZD(3)(4) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(5)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

F157 Word in s. 19ZD(3) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(6)(a)

F158 Word in s. 19ZD(4) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(6)(b)

F159 S. 19ZD(10)(c) inserted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(5)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

Modifications etc. (not altering text)

C16 S. 19ZD applied (with modifications) (S.) (29.11.2004) by S.I. 2004/2716, reg. 101A(3) (as substituted by The Conservation (Natural Habitats, & c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), reg. 18)

[F161 19A Evidence in Scotland [F160 in certain proceedings]. S

In any proceedings in Scotland for [F162 any of the following offences], the accused may be convicted on the evidence of one witness [F163 —

(a) an offence under section 1(1)(a) in relation to a grouse, partridge, pheasant or ptarmigan included in Part I of Schedule 2;

(b) an offence under section 1(1)(c);

(c) an offence under section 6(1) in relation to a grouse, partridge or pheasant included in Part IA of Schedule 3;

(d) an offence under section 6(2) in relation to a grouse, partridge, pheasant or ptarmigan included in Part IIA of that Schedule;

(e) an offence under section 10A(1), 11G(1) or 11I(1)].]

Textual Amendments

F160 Words in s. 19A substituted (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 12(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(i); S.S.I. 2011/433, art. 2(1)(b)

F161 S. 19A inserted (18.9.1993) (S.) by 1993 c. 9, s.36 (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(3), Sch.2.

F162 Words in s. 19A substituted (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 12(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(i); S.S.I. 2011/433, art. 2(1)(b)

F163 S. 19A(a)(e) inserted (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 12(c), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(i); S.S.I. 2011/433, art. 2(1)(b)

20 [F164 Proceedings for summary offences]. E+W

F165 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F166 Proceedings for a summary offence under this Part] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than two years after the commission of the offence.

(3) For the purpose of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Extent Information

E17 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F164 S. 20 heading substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 3(3); S.I. 2006/1382, art. 2

F165 S. 20(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 9(1)(a), Sch. 16 Pt. IV (with Sch. 12 para. 9(2))

F166 Words in s. 20(2) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 3(2); S.I. 2006/1382, art. 2

20 Summary prosecutions. S

(1) F799 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Summary proceedings for an offence [F800 under this Part] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than [F801 three] years after the commission of the offence [F802 or, in the case of a continuous contravention, after the last date on which the offence was committed].

(3) For the purpose of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Extent Information

E48 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F799 S. 20(1) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 5(a)

F800 Words in s. 20(2) substituted (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 5(b)

F801 Word in s. 20(2) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 18(a); S.S.I. 2004/407, art. 2

F802 Word in s. 20(2) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 18(b); S.S.I. 2004/407, art. 2

21 Penalties, forfeitures etc. E+W

[F167 (1) Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.]

(4) A person guilty of an offence under section 14 [F168 or 14ZA] shall be liable—

(a) on summary conviction, [F169 to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both];

(b) on conviction on indictment, [F169 to imprisonment for a term not exceeding two years or to a fine, or to both].

[F170 (4A) F171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F172 (4AA) Except in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

(4B) A person guilty of an offence under [F173 section 19XB(1)(a) or (2)(a)] in relation to a wildlife inspector [F174 entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed] shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(4C) A person guilty of an offence under section [F175 19XB(4)] shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4D) F176 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

(5) Where an offence to which subsection (1) F177 . . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.

(6) The court by which any person is convicted of an offence under this Part—

(a) shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and

(b) may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 [F178 or 14ZA], any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.

(7) Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

Extent Information

E18 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F167 S. 21(1) substituted for s. 21(1)-(3) (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(2)(6)

F168 Words in s. 21(4)(6)(b) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2

F169 Words in s. 21(4)(a)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 9 para. 10(3)(a)(b)(6)

F170 S. 21(4A)-(4D) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(4)(6)

F171 S. 21(4A)(4D) omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2); S.I. 2006/1382, art. 2

F172 S. 21(4AA) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(3); S.I. 2006/1382, art. 2

F173 Words in s. 21(4B) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(a); S.I. 2006/1382, art. 2

F174 Words in s. 21(4B) substituted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(b); S.I. 2006/1382, art. 2

F175 Words in s. 21(4C) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(5); S.I. 2006/1382, art. 2

F176 S. 21(4A)(4D) omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2); S.I. 2006/1382, art. 2

F177 Words in s. 21(5) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 9 para. 10(5)(6), Sch. 16 Pt. IV

F178 Words in s. 21(4)(6)(b) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2

Modifications etc. (not altering text)

C17 S. 21(4AA)-(4C) applied (with modifications) (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2

21 Penalties, forfeitures etc. S

[F803 (1) Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 [F804 , 14B] [F805 , 15A, 17, 19ZC (other than an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by section 19ZC(3)(d) [F806 or an offence to which subsection (1B) applies]) or 19ZD] [F807 (other than an offence to which subsection (1B) applies)] shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.]

[F808 (1A) Subsection (1B) applies to an offence which—

(a) is committed under—

(i) section 19ZC, other than an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by section 19ZC(3)(d), or

(ii) section 19ZD, and

(b) relates to a wildlife inspector acting in exercise of powers for the purpose of ascertaining whether an offence has been committed under section 14AA.

(1B) A person who commits an offence to which this subsection applies is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale, or to both.]

(2) F809 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F809 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person guilty of an offence under section 14 [F810 , 14ZC] [F811 or 14A] shall be liable—

[F812 (a) on summary conviction, to imprisonment for a term not exceeding [F813 12] months or to a fine not exceeding the [F814 £40,000], or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.]

[F815 (4ZZA) A person who commits an offence under section 14AA is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.]

[F816 (4ZA) Any person guilty of an offence under section 14K is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding £40,000, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.]

[F817 (4A) A person guilty of an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by subsection (3)(d) of that section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.]

(5) Where an offence to which subsection (1), F818 . . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.

(6) The court by which any person is convicted of an offence under this Part—

(a) shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and

(b) may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 [F819 , 14ZC, 14A, [F820 14AA,] 14B or 14K], any animal [F821 , plant or other thing] which is of the same kind as that in respect of which the offence was committed and was found in his possession.

(7) Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

Extent Information

E49 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F803 S. 21(1) substituted (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(a)

F804 Word in s. 21(1) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(3)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

F805 Words in s. 21(1) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(a); S.S.I. 2004/407, art. 2

F806 Words in s. 21(1) inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(a)(i)

F807 Words in s. 21(1) inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(a)(ii)

F808 S. 21(1A)(1B) inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(b)

F809 S. 21(2)(3) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(b)

F810 Word in s. 21(4) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(3)(b)(i), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

F811 Words in s. 21(4) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(b)(i); S.S.I. 2004/407, art. 2

F812 S. 21(4)(a)(b) substituted (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(c)

F813 Word in s. 21(4)(a) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(3)(b)(ii), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

F814 Words in s. 21(4)(a) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(b)(ii); S.S.I. 2004/407, art. 2

F815 S. 21(4ZZA) inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(c)

F816 S. 21(4ZA) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(3)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

F817 S. 21(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(c); S.S.I. 2004/407, art. 2

F818 Words in s. 21(5) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(d)

F819 Words in s. 21(6)(b) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(3)(d), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

F820 Word in s. 21(6)(b) inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(d)(i)

F821 Words in s. 21(6)(b) substituted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(d)(ii)

22 Power to vary Schedules. E+W

(1) The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of [F179 Schedules ZA1 to 4].

(2) An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.

(3) The Secretary of State may, on a representation made [F180 to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act], by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—

(a) add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and

(b) remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered

F181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F182 (3A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.]

(4) The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or with respect to particular provisions of this Part or particular times of the year—

(a) add any animals to, or remove any animals from, Schedule 5 or Schedule 6; and

(b) add any plants to, or remove any plants from, Schedule 8.

(5) The Secretary of State may by order, either generally or with respect to particular areas of Great Britain—

(a) add any animals to, or remove any animals from, Part I [F183 , IA or IB] of Schedule 9; and

(b) add any plants to, or remove any plants from, Part II of that Schedule.

[F184 (6) The Secretary of State may, for the purpose of complying with the international trapping standards agreement, by order add any animal to, or remove any animal from, Schedule 6ZA.

(7) In subsection (6), “the international trapping standards agreement” has the meaning given by section 16(3ZK).]

Extent Information

E19 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F179 Words in s. 22(1) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 47(5), 107; S.I. 2006/1382, art. 2

F180 Words in s. 22(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(2)(a); S.I. 2006/2541, art. 2

F181 Words in s. 22(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 74(2)(b), Sch. 12; S.I. 2006/2541, art. 2

F182 S. 22(3A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(3); S. I. 2006/2541, art. 2

F183 Words in s. 22(5)(a) inserted (5.3.2015 for E., 12.4.2015 for W.) by Infrastructure Act 2015 (c. 7), ss. 25(5), 57(4); S.I. 2015/481, reg. 2(c); S.I. 2015/990, reg. 2

F184 S. 22(6)(7) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 5

22 Power to vary Schedules. S

(1) The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year

[F822 (a)] add any bird to, or remove any bird from, any of or any Part of Schedules [F823 A1] to 4.

[F824 (b) add any animal to, or remove any animal from, Schedule 5 [F825 , 5A, 6 or 6A] F826 ...;

(c) add any plant to, or remove any plant from, Schedule 8 F827 ....]

(2) An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.

[F828 (2ZA) An order under subsection (1) adding any animal to Schedule 5A may prescribe a close season in the case of that animal for the purposes of section 10A.]

[F829 (2A) Before making an order under subsection (1) the Scottish Ministers shall consult Scottish Natural Heritage.]

(3) The Secretary of State may, on a representation made [F830 to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act], by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—

(a) add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and

(b) remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered

F831 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F832 (3A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.]

(4) F833 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F833 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F184 (6) The Secretary of State may, for the purpose of complying with the international trapping standards agreement, by order add any animal to, or remove any animal from, Schedule 6ZA.

(7) In subsection (6), “the international trapping standards agreement” has the meaning given by section 16(3ZK).]

Extent Information

E50 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F184 S. 22(6)(7) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 5

F822 Words in s. 22(1) renumbered (S.) (1.10.2004) as s. 22(1)(a) by virtue of Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(i); S.S.I. 2004/407, art. 2

F823 Word in s. 22(1) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(ii); S.S.I. 2004/407, art. 2

F824 S. 22(1)(b)(c) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(iii); S.S.I. 2004/407, art. 2

F825 Words in s. 22(1)(b) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 10(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(h)

F826 Words in s. 22(1)(b) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(4)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

F827 Words in s. 22(1)(c) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(4)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

F828 S. 22(2ZA) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 10(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(h)

F829 S. 22(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(b); S.S.I. 2004/407, art. 2

F830 Words in s. 22(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(2)(a); S.I. 2006/2541, art. 2

F831 Words in s. 22(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 74(2)(b), Sch. 12; S.I. 2006/2541, art. 2

F832 S. 22(3A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(3); S. I. 2006/2541, art. 2

F833 S. 22(4)(5) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(c); S.S.I. 2004/407, art. 2

23 Advisory bodies and their functions. E+W+S

(1) The Secretary of State may—

(a) establish any body or bodies, consisting in each case of such members as he may from time to time appoint;

(b) assign to any body or bodies the duty referred to in subsection (4).

(2) Without prejudice to his power under subsection (1), the Secretary of State shall, as soon as practicable after the commencement date,—

(a) establish at least one body under paragraph (a) of subsection (1); or

(b) assign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4).

(3) A reference in this Part to an advisory body is a reference to a body which is established under subsection (1) or to which the duty there referred to is assigned under that subsection.

(4) It shall be the duty of an advisory body to advise the Secretary of State on any question which he may refer to it or on which it considers it should offer its advice—

(a) in connection with the administration of this Part; or

(b) otherwise in connection with the protection of birds or other animals or plants.

(5) In so far as it does not have power to do so apart from this subsection, an advisory body may publish reports relating to the performance by it of its duty under subsection (4).

(6) Before appointing a person to be a member of an advisory body established under subsection (1)(a), the Secretary of State shall consult such persons or bodies as he thinks fit.

(7) The Secretary of State may, out of moneys provided by Parliament and to such an extent as may be approved by the Treasury, defray or contribute towards the expenses of an advisory body established under subsection (1)(a).

24 [F185 Functions of GB conservation bodies] E+W

(1) The [F186 GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act] may at any time and shall five years after [F187 30th October 1991] and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—

(a) any animal should be added to, or removed from, Schedule 5;

(b) any plant should be added to, or removed from, Schedule 8

F188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F189 (1A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.]

(2) Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led [F190 to that advice being given.]

[F191 (3) The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.]

(4) The functions of the [F192 GB conservation bodies] shall include power to advise or assist—

(a) any constable;

(b) any proper officer of a local authority; or

[F193 (c) any wildlife inspector,]

in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.

Extent Information

E20 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F185 S. 24 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(5); S.I. 2006/2541, art. 2

F186 Words in s. 24(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(2)(a); S.I. 2006/2541, art. 2

F187 Words in s. 24(1) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(6)(a); S.I.1991/685, art.3.

F188 Words in s. 24(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 75(2)(b), Sch. 12; S.I. 2006/2541, art. 2

F189 S. 24(1A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(3); S.I. 2006/2541, art. 2

F190 Words in s. 24(2) substituted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(b); 1991/685, art.3.

F191 S. 24(3) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(c); S.I. 1991/685, art. 3.

F192 Words in s. 24(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(4); S.I. 2006/2541, art. 2

F193 S. 24(4)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 11

24 [F834 Functions of GB conservation bodies] S

(1) The [F835 GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act] may at any time and shall five years after [F836 30th October 1991] and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—

(a) any animal should be added to, or removed from, Schedule 5;

(b) any plant should be added to, or removed from, Schedule 8

F837 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F838 (1A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.]

(2) Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led [F839 to that advice being given.]

[F840 (3) The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.]

(4) The functions of the [F841 GB conservation bodies] shall include power to advise or assist—

(a) any constable; [F842 or]

(b) any proper officer of a local authority; F843 ...

F844 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.

[F845 (4A) The functions of Scottish Natural Heritage include the power to advise or assist—

(a) another relevant body exercising functions under section 14L(2)(a); and

(b) a person authorised to enter premises under section 14M exercising functions under that section.]

Extent Information

E51 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F834 S. 24 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(5); S.I. 2006/2541, art. 2

F835 Words in s. 24(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(2)(a); S.I. 2006/2541, art. 2

F836 Words in s. 24(1) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(6)(a); S.I.1991/685, art.3.

F837 Words in s. 24(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 75(2)(b), Sch. 12; S.I. 2006/2541, art. 2

F838 S. 24(1A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(3); S.I. 2006/2541, art. 2

F839 Words in s. 24(2) substituted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(b); 1991/685, art.3.

F840 S. 24 (3) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(c); S.I. 1991/685, art.3.

F841 Words in s. 24(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(4); S.I. 2006/2541, art. 2

F842 Word in s. 24(4) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(6)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

F843 Word in s. 24(4) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(6)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

F844 S. 24(4)(c) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(6)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)

F845 S. 24(4A) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(5), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

25 Functions of local authorities. E+W+S

(1) Every local authority shall take such steps as they consider expedient for bringing to the attention of the public and of schoolchildren in particular the effect of—

(a) the provisions of this Part; and

(b) any order made under this Part affecting the whole or any part of their area.

(2) A local authority in England and Wales may institute proceedings for any offence under this Part or any order made under it which is committed within their area.

[F194 (3) Nothing in this section applies in relation to Schedule 9A or orders or offences under it.]

Textual Amendments

F194 S. 25(3) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(5), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2

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—

F195 (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;

F196 (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.

[F197 (7) In this section references to orders do not include species control orders under Schedule 9A.]

Extent Information

E21 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F195 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)

F196 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)

F197 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 [F846 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 [F847 —

(a) an order under any of] sections 2(6), F848 ... 5 [F849 , 10A(4)] [F850 or] [F851 11(4)] [F852 ; 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,],

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

(3) No [F853 —

(a)] order under section 5 or [F851 11(4)] [F854 ; 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),]

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 [F855 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) [F195 , 14, 14ZC, 14A or 14B], shall give to any local authority affected and F856 ... 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;

[F857 (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 [F196 14, 14ZC, 14A, 14B,] [F858 16A(5)(b) or] [F859 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 [F860 except in the case of an order under section 16A(5)(b),], if he thinks fit, cause a public inquiry to be held.

[F861 (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 [F862 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

E52 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F195 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)

F196 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)

F846 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)

F847 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)

F848 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)

F849 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)

F850 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)

F851 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

F852 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)

F853 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)

F854 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)

F855 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)

F856 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)

F857 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)

F858 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)

F859 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

F860 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)

F861 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)

F862 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)

[F198 26A Enforcement of wildlife legislation S

Regulations under section 2(2) of the European Communities Act 1972 (c. 68) for the purpose of implementing Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora [F199 (that is, the Directive as amended from time to time by any other [F200 EU] instrument or otherwise)] may, despite paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.]

Textual Amendments

F198 S. 26A inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 22; S.S.I. 2004/407, art. 2

F199 Words in s. 26A substituted (23.4.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(2), 84; S.S.I. 2007/250, art. 3 (subject to art. 4)

F200 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

[F201 26B Annual report on wildlife crime S

(1) The Scottish Ministers must, after the end of each calendar year, lay before the Scottish Parliament a report on offences relating to wildlife.

(2) The report may, in particular, include—

(a) information on the incidence and prosecution of such offences during the year to which the report relates;

(b) information on research and advice relating to wildlife which the Scottish Ministers consider relevant to such offences.

(3) The report need only include information in relation to such offences relating to wildlife as the Scottish Ministers consider appropriate.

(4) For the purposes of this section, an offence relating to wildlife is an offence—

(a) under Part 1 of this Act; or

(b) under any other enactment which the Scottish Ministers consider may have an impact on wildlife.]

Textual Amendments

F201 S. 26B inserted (S.) (2.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 20, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(2)

27 Interpretation of Part I. E+W

(1) In this Part, unless the context otherwise requires—

• “advertisement” includes a catalogue, a circular and a price list;

• “advisory body” has the meaning given by section 23;

• “agriculture Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State;

• “authorised person” means—

  (a)

  the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;

  (b)

  any person authorised in writing by the local authority for the area within which the action authorised is taken;

  (c)

  as respects anything done in relation to wild birds, any person authorised in writing [F202 by—

  (i)

  the Welsh Ministers, in relation to things done for purposes relating to fishing or fisheries in the Welsh inshore region (within the meaning of the Marine and Coastal Access Act 2009);

  (ii)

  any] of the following bodies, that is to say, [F203 any of the [F204 GB conservation bodies]], F205 . . . a district board for a fishery district within the meaning of the M12 Salmon Fisheries (Scotland) Act 1862 [F206 or an inshore fisheries and conservation authority] F207 ...;

  (d)

  [F208 any person authorised in writing by—

  (i)

  the Environment Agency, in relation to anything done in England;

  (ii)

  the Natural Resources Body for Wales, in relation to anything done in Wales; or

  (iii)

  a water undertaker or a sewerage undertaker,]

• so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land;

• “automatic weapon” and “semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;

• “aviculture” means the breeding and rearing of birds in captivity;

• “destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” shall be construed accordingly;

• “domestic duck” means any domestic form of duck;

• “domestic goose” means any domestic form of goose;

• “firearm” has the same meaning as in the M13 Firearms Act 1968;

• “game bird” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;

• [F209 “inland waters” means—

  (a)

  inland waters within the meaning of the Water Resources Act 1991; M14

  (b)

  any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;

  (c)

  controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M15 other than ground waters as defined in section 30A(1)(d) of that Act.]

• [F210 “inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;]

• “livestock” includes any animal which is kept—

  (a)

  for the provision of food, wool, skins or fur;

  (b)

  for the purpose of its use in the carrying on of any agricultural activity; or

  (c)

  for the provision or improvement of shooting or fishing;

• “local authority” means—

  (a)

  in relation to England F211 . . ., a county, district or London borough council F212 . . .;

  (aa)

  [F213 in relation to Wales, a county council or county borough council;]

  (b)

  in relation to Scotland, a [F214 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• “occupier”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish;

• “pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;

• “poultry” means domestic fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;

• [F215 “premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;]

• “sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;

• “uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

• “vehicle” includes aircraft, hovercraft and boat;

• F216 ......

• “wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;

• “wild bird” means any bird of a [F217 species] which is ordinarily resident in or is a visitor to [F218 the European territory of any member State] in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;

• [F219 “the Wild Birds Directive” means [F220 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds];]

• “wild plant” means any plant which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.

• [F221 “wildlife inspector” has the meaning given by [F222 section 18A(1)].]

(2) A bird shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully in captivity when the egg was laid.

(3) Any reference in this Part to an animal of any kind includes, unless the context otherwise requires, a reference to an egg, larva, pupa, or other immature stage of an animal of that kind.

[F223 (3A) In this Part “the GB conservation bodies” means—

(a) Natural England,

(b) [F224 the Natural Resources Body for Wales], and

(c) Scottish Natural Heritage,

and references to a conservation body are to be read accordingly.]

(4) This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council.

(5) This Part extends to the territorial waters adjacent to Great Britain, and for the purposes of this Part any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part.

Extent Information

E22 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F202 S. 27(1): words in para. (c) of definition of "authorised person" substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 193(4), 324(2)(c)

F203 Words in s. 27(1) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a),Sch. 9 para. 11(7)(a); S.I. 1991/685, art. 3.

F204 S. 27(1): words in definition of “authorised person” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 76(2); S.I. 2006/2541, art. 2

F205 Words in s. 27(1) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F206 Words in s. 27(1) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 11(a); S.I. 2011/556, art. 2(2)(k)

F207 Words in s. 27(1) repealed (E.W.) (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

F208 Words in s. 27(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 171(2) (with Sch. 7)

F209 Definition in s. 27(1) inserted (30.11.1995) by S.I. 1995/2825, reg. 4

F210 Definition "inshore fisheries and conservation authority" in s. 27(1) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 11(b); S.I. 2011/556, art. 2(2)(k)

F211 Words in s. 27(1) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(2), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F212 Words in s. 27(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F213 S. 27(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F214 Words in s. 27(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(2); S.I. 1996/323, art. 4(1)(b)(c)

F215 S. 27(1): definition of “premises” inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 11 para. 76(3)(5); S.I. 2006/2541, art. 2

F216 S. 27(1): definition of "water authority" repealed (S.) (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 11(2); S.S.I. 2002/118, art. 2(3)

F217 S. 27(1): word in definition of "wild bird" substituted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 4(a)} and also expressed to be substituted (W.) (2.8.2004) by S.I. 2004/1733, reg. 3(1), Sch. para. 2(a)

F218 S. 27(1): words in definition of "wild bird" substituted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 4(b)} and also expressed to be substituted (W.) (2.8.2004) by S.I. 2004/1733, reg. 3(1), Sch. para. 2(b)

F219 S. 27: definition of "the Wild Birds Directive" inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(6)

F220 Words in s. 27(1) substituted (E.W.) (6.4.2016) by The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/127), regs. 1(2), 2(3)

F221 S. 27(1): definition of "wildlife inspector" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 12

F222 S. 27(1): words in definition of "wildlife inspector" substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 6; S.I. 2006/1382, art. 2

F223 S. 27(3A) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 11 para. 76(4); S.I. 2006/2541, art. 2

F224 Words in s. 27(3A) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 171(3) (with Sch. 7)

Marginal Citations

M12 1862 c. 97.

M13 1968 c. 27.

M14 1991 c.57.

M15 1974 c.40.

27 Interpretation of Part I. S

F863 (1) In this Part, unless the context otherwise requires—

• “advertisement” includes a catalogue, a circular and a price list;

• “advisory body” has the meaning given by section 23;

• “agriculture Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State;

• “authorised person” means—

  (a)

  the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;

  (b)

  any person authorised in writing by the local authority for the area within which the action authorised is taken;

  (c)

  as respects anything done in relation to wild birds, any person authorised in writing by any of the following bodies, that is to say, [F203 any of the [F864 GB conservation bodies]], F205 . . . a district board for a fishery district within the meaning of the M12 Salmon Fisheries (Scotland) Act 1862 F207 ...M54 F207 ...;

• so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land;

• “automatic weapon” and “semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;

• “aviculture” means the breeding and rearing of birds in captivity;

• “destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” shall be construed accordingly;

• “domestic duck” means any domestic form of duck;

• “domestic goose” means any domestic form of goose;

• “firearm” has the same meaning as in the M13 Firearms Act 1968;

• F865 ...F865 ...F865 ...

• [F209 “inland waters” means—

  (a)

  inland waters within the meaning of the Water Resources Act 1991; M14

  (b)

  any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;

  (c)

  controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M15 other than ground waters as defined in section 30A(1)(d) of that Act.]

• “livestock” includes any animal which is kept—

  (a)

  for the provision of food, wool, skins or fur;

  (b)

  for the purpose of its use in the carrying on of any agricultural activity; or

  (c)

  for the provision or improvement of shooting or fishing;

• “local authority” means—

  (a)

  in relation to England F211 . . ., a county, district or London borough council F212 . . .;

  (aa)

  [F213 in relation to Wales, a county council or county borough council;]

  (b)

  in relation to Scotland, a [F214 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• “occupier”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish;

• “pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;

• “poultry” means [F866 the domestic forms of the following, that is to say] fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;

• “sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;

• “uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

• “vehicle” includes aircraft, hovercraft and boat;

• F216 ...

• “wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;

• “wild bird” means any bird of a [F867 species] which is ordinarily resident in or is a visitor to [F868 any member State or the European territory of any member State] in a wild state but does not include poultry F869 ...;

• “wild plant” means any plant [F870 (including fungi)] which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.

• [F221 “wildlife inspector” has the meaning given by section 19ZA(1).]

(2) A bird shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully in captivity when the egg was laid.

[F871 (2A) An animal shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully held in captivity—

(a) where the animal is of a viviparous species, when it was born,

(b) where the animal is of an oviparous species, when the egg was laid.]

(3) Any reference in this Part to an animal of any kind includes, unless the context otherwise requires, a reference to an egg, larva, pupa, or other immature stage of an animal of that kind.

[F872 (3ZA) Any reference in this Part to a plant which is growing—

(a) includes a reference to a bulb, corm or rhizome;

(b) does not include a reference to a seed or spore.]

[F873 (3A) In this Part “the GB conservation bodies” means—

(a) Natural England,

(b) [F224 the Natural Resources Body for Wales], and

(c) Scottish Natural Heritage,

and references to a conservation body are to be read accordingly.]

(4) This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council.

(5) This Part extends to the territorial waters adjacent to Great Britain, and for the purposes of this Part any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part.

Extent Information

E53 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F203 Words in s. 27(1) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a),Sch. 9 para. 11(7)(a); S.I. 1991/685, art. 3.

F205 Words in s. 27(1) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F207 Words in s. 27(1) repealed (E.W.) (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

F209 Definition in s. 27(1) inserted (30.11.1995) by S.I. 1995/2825, reg. 4

F211 Words in s. 27(1) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(2), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F212 Words in s. 27(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F213 S. 27(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F214 Words in s. 27(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(2); S.I. 1996/323, art. 4(1)(b)(c)

F216 S. 27(1): definition of "water authority" repealed (S.) (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 11(2); S.S.I. 2002/118, art. 2(3)

F221 S. 27(1): definition of "wildlife inspector" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 12

F224 Words in s. 27(3A) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 171(3) (with Sch. 7)

F863 Words in s. 27(1) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

F864 S. 27(1): words in definition of “authorised person” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 76(2); S.I. 2006/2541, art. 2

F865 Definition "game bird" in s. 27(1) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 2(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(a)

F866 S. 27(1): words in the definition of “poultry” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(a); S.S.I. 2004/407, art. 2

F867 S. 27(1): word in the definition of “wild bird” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(b)(i); S.S.I. 2004/407, art. 2

F868 S. 27(1): words in the definition of “wild bird” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(b)(ii); S.S.I. 2004/407, art. 2

F869 Words in s. 27(1) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 2(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(a)

F870 S. 27(1): words in definition of “wild plant” inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(c); S.S.I. 2004/407, art. 2

F871 S. 27(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(3); S.S.I. 2004/407, art. 2

F872 S. 23(3ZA) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(4); S.S.I. 2004/407, art. 2

F873 S. 27(3A) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 11 para. 76(4); S.I. 2006/2541, art. 2

Marginal Citations

M12 1862 c. 97.

M13 1968 c. 27.

M14 1991 c.57.

M15 1974 c.40.

M54 1966 c. 38.

F226 [F225 27ZA Application of Part 1 to England and Wales E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F225 S. 27ZA inserted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 5}

F226 S. 27ZA ceases to have effect (W.) (2.8.2004) by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1)

Part II E+W+S Nature Conservation, Countryside and National Parks

X2 [F227 Sites of special scientific interest and limestone pavements ] E+W+S

Editorial Information

X2 S. 27A and preceding heading repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 77, Sch. 12; S.I. 2006/2541, art. 2 and new s. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2

Textual Amendments

F227 S. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2

27A Construction of references to Nature Conservancy Council. E+W+S

F228 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F228 S. 27A and preceding heading repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 77, Sch. 12; S.I. 2006/2541, art. 2

[F229 27AA Application of sections 28 to 34 in Wales E+W+S

[F230 (1)] In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to [F231 the Natural Resources Body for Wales and as if section 28D(2)(d) were omitted].

[F232 (2) Subsection (3) applies where—

(a) any provision of sections 28 to 34 requires the Natural Resources Body for Wales to give a notification or notice to the local planning authority in whose area land is situated, and

(b) all or part of the land is included in a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004.

(3) The Natural Resources Body for Wales must also give the notification or notice to the strategic planning panel for the strategic planning area.]]

Textual Amendments

F229 S. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2

F230 S. 27AA renumbered as s. 27AA(1) (E.W.) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 6(2)

F231 Words in s. 27AA substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 172 (with Sch. 7)

F232 S. 27AA(2)(3) inserted (E.W.) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 6(3)

[F233 28 Sites of special scientific interest. E+W

(1) Where [F234 Natural England] are of the opinion that any area of land is of special interest by reason of any of its flora, fauna, or geological or physiographical features, it shall be the duty of [F234 Natural England] to notify that fact—

(a) to the local planning authority [F235 (if any)] in whose area the land is situated;

(b) to every owner and occupier of any of that land; and

(c) to the Secretary of State.

[F236 (1A) The reference in subsection (1) to land includes—

(a) any land lying above mean low water mark;

(b) any land covered by estuarial waters.

(1B) Where the area of land to which a notification under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—

(a) area B adjoins area A, and

(b) any of the conditions in subsection (1C) is satisfied.

(1C) The conditions are—

(a) that the flora, fauna or features leading to the notification of area A is or are also present in area B;

(b) that the notification of area A is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B;

(c) that, without the inclusion of area B, the identification of the boundary of the land notified (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.]

(2) [F234 Natural England] shall also publish a notification of [F237 the fact mentioned in subsection (1)] in at least one local newspaper circulating in the area in which the land is situated.

(3) A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to it may be made; and [F234 Natural England] shall consider any representation or objection duly made.

(4) A notification under subsection (1)(b) shall also specify—

(a) the flora, fauna, or geological or physiographical features by reason of which the land is of special interest, and

(b) any operations appearing to [F234 Natural England] to be likely to damage that flora or fauna or those features,

and shall contain a statement of [F238 Natural England's] views about the management of the land (including any views [F234 Natural England] may have about the conservation and enhancement of that flora or fauna or those features).

(5) Where a notification under subsection (1) has been given, [F234 Natural England] may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

(a) give notice to the persons mentioned in subsection (1) withdrawing the notification; or

(b) give notice to those persons confirming the notification (with or without modifications).

[F239 In the case of a notification given in relation to land lying below mean low water mark by virtue of subsection (1B), this subsection is subject to section 28CB(4) and (6).]

(6) A notification shall cease to have effect—

(a) on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (1); or

(b) if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to there, at the end of that period.

[F240 (6A) Subsection (6)(b) does not apply in a case where notice has been given to Natural England under section 28CB(3).]

(7) [F238 Natural England's] power under subsection (5)(b) to confirm a notification under subsection (1) with modifications shall not be exercised so as to add to the operations specified in the notification or extend the area to which it applies.

(8) As from the time when there is served on the owner or occupier of any land which has been notified under subsection (1)(b) a notice under subsection (5)(b) confirming the notification with modifications, the notification shall have effect in its modified form in relation to so much (if any) of that land as remains subject to it.

(9) A notification under subsection (1)(b) of land in England and Wales shall be a local land charge.

[F241 (9A) For the purposes of this Part “estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy). ]

(10) For the purposes of this section and sections 28A to 28D, “local planning authority”, in relation to land within the Broads, includes the Broads Authority.]

Extent Information

E23 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F233 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F234 Words in s. 28 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F235 Words in s. 28(1)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(2)(8); S.I. 2014/3088, art. 2(b)

F236 S. 28(1A)-(1C) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(3)(8); S.I. 2014/3088, art. 2(b)

F237 Words in s. 28(2) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(4)(8); S.I. 2014/3088, art. 2(b)

F238 Words in s. 28 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F239 Words in s. 28(5) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(5)(8); S.I. 2014/3088, art. 2(b)

F240 S. 28(6A) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(6)(8); S.I. 2014/3088, art. 2(b)

F241 S. 28(9A) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(7)(8); S.I. 2014/3088, art. 2(b)

28 Areas of special scientific interest. S

F874 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E54 This version of this provision extends to Scotland only; a separate version has been created for England and Wales

Textual Amendments

F874 S. 28 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) (S.S.I. 2004/495), {art. 2}

[F242 28A Variation of notification under section 28. E+W

(1) At any time after notice has been given under section 28(5)(b) confirming a notification (with or without modifications), [F243 Natural England] may by notice vary the matters specified or stated in the confirmed notification (whether by adding to them, changing them, or removing matter from them).

(2) The area of land cannot be varied under this section.

(3) [F243 Natural England] shall give notice setting out the variation to—

(a) the local planning authority [F244 (if any)] in whose area the land is situated,

(b) every owner and occupier of any of the land who in the opinion of the Council may be affected by the variation, and

(c) the Secretary of State,

and after service of a notice under paragraph (b) the notification under section 28(1)(b) shall have effect in its varied form.

(4) Section 28(3) shall apply to such a notice as it applies to a notification under section 28(1).

(5) Where a notice under subsection (3) has been given, [F243 Natural England] may within the period of nine months beginning with the date the last of the owners and occupiers referred to in subsection (3)(b) was served with the notice either—

(a) give notice to the persons mentioned in subsection (3) withdrawing the notice; or

(b) give notice to them confirming the notice (with or without modifications).

(6) A notice under subsection (3) shall cease to have effect—

(a) on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (3); or

(b) if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to in that subsection, at the end of that period.

(7) As from the time when there is served on the owner or occupier of any land a notice under subsection (5)(b) confirming a notice of variation with modifications, the notification under section 28(1)(b) shall have effect as so varied.

(8) A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notice under subsection (3) or (5)(b).]

Textual Amendments

F242 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F243 Words in s. 28A substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F244 Words in s. 28A(3)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 3; S.I. 2014/3088, art. 2(b)

[F245 28B Notification of additional land. E+W

(1) Where [F246 Natural England] are of the opinion that if land adjacent to a site of special scientific interest (“the extra land”) were combined with the site of special scientific interest (“the SSSI ”), the combined area of land would be of special interest by reason of any of its flora, fauna, or geological or physiographical features, [F246 Natural England] may decide to notify that fact.

(2) If they do so decide, the persons whom they must notify are—

(a) the local planning authority [F247 (if any)] in whose area the extra land is situated;

(b) every owner and occupier of any of that extra land; and

(c) the Secretary of State.

[F248 (2A) The reference in subsection (1) to land includes—

(a) any land lying above mean low water mark;

(b) any land covered by estuarial waters.

(2B) If any of the conditions in subsection (2C) is satisfied, the extra land may consist of or include an area of land not falling within subsection (2A)(a) or (b).

(2C) The conditions are—

(a) that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of the extra land not falling within subsection (2A)(a) or (b);

(b) that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area;

(c) that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.]

(3) No [F249 notification under subsection (2)] may be given until after notice has been given under section 28(5)(b) confirming (with or without modifications) the notification under section 28(1) relating to the SSSI.

(4) Subsections (2) and (3) of section 28 shall apply for the purposes of this section as they apply for the purposes of that section.

(5) A notification under subsection (2)(b) shall also specify—

(a) the area of land constituting the SSSI;

(b) what (as at the date of the notification under subsection (2)(b)) is specified or contained in the notification under section 28(1)(b) relating to the SSSI by virtue of section 28(4); and

(c) the reasons why [F246 Natural England] is of the opinion referred to in subsection (1).

(6) In addition, the notification under subsection (2)(b) shall include a statement—

(a) saying whether or not anything among the matters specified in the notification by virtue of subsection (5)(c) is particularly relevant to the extra land; and

(b) if any such thing is of particular relevance, specifying which.

(7) Subsections (5) to (7) of section 28 apply in relation to a notification under subsection (2) of this section as they apply in relation to a notification under subsection (1) of that section, as if references to “subsection (1)” [F250 and “subsection (1B)”] in section 28(5) to (7) were references to subsection (2) [F251 and subsection (2B) of this section respectively].

(8) As from the time when a notification under subsection (2)(b) is served on the owner or occupier of any land, the notification under section 28(1)(b) shall have effect as if it included the notification under subsection (2)(b).

(9) As from the time when there is served on the owner or occupier of any land which has been notified under subsection (2)(b) a notice under section 28(5)(b) (as applied by subsection (7) of this section) confirming the notification under subsection (2)(b) with modifications, the notification under section 28(1)(b) (as extended by virtue of subsection (8) of this section) shall have effect in its modified form.

(10) A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notification under subsection (2) or under section 28(5)(b) as applied by subsection (7) of this section.]

Textual Amendments

F245 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F246 Words in s. 28B substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F247 Words in s. 28B(2)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(2)(6); S.I. 2014/3088, art. 2(b)

F248 S. 28B(2A)-(2C) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(3)(6); S.I. 2014/3088, art. 2(b)

F249 Words in s. 28B(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(4)(6); S.I. 2014/3088, art. 2(b)

F250 Words in s. 28B(7) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(5)(a)(6); S.I. 2014/3088, art. 2(b)

F251 Words in s. 28B(7) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(5)(b)(6); S.I. 2014/3088, art. 2(b)

[F252 28C Enlargement of SSSI. E+W

(1) Where [F253 Natural England] are of the opinion that any area of land which includes, but also extends beyond, a site of special scientific interest (“the SSSI ”) is of special interest by reason of any of its flora, fauna, or geological or physiographical features, [F253 Natural England] may decide to notify that fact.

(2) If they do so decide, the persons whom they must notify are—

(a) the local planning authority [F254 (if any)] in whose area the land (including the SSSI ) is situated;

(b) every owner and occupier of any of that land (including the SSSI); and

(c) the Secretary of State.

[F255 (2A) The reference in subsection (1) to land includes—

(a) any land lying above mean low water mark;

(b) any land covered by estuarial waters.

(2B) If any of the conditions in subsection (2C) is satisfied, the area of land to which a notification under subsection (2) relates may include an area of land not falling within subsection (2A)(a) or (b).

(2C) The conditions are—

(a) that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of land not falling within subsection (2A)(a) or (b);

(b) that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area;

(c) that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.]

(3) Subsections (2) to (8) of section 28 apply to a notification under subsection (2) of this section as they apply to a notification under subsection (1) of that section, as if references to “subsection (1)” [F256 , “subsection (1)(b)” and “subsection (1B)”] in section 28(2) to (8) were references to subsection (2) [F257 , subsection (2)(b) and subsection (2B)] of this section respectively.

(4) No notification may be given under subsection (2) until after notice has been given under section 28(5)(b) (or section 28(5)(b) as applied by subsection (3)) confirming (with or without modifications) the notification under section 28(1) (or subsection (2)) relating to the SSSI.

(5) As from the time when a notification under subsection (2) is served on the owner or occupier of any land included in the SSSI , the notification in relation to that land which had effect immediately before the service of the notification under subsection (2) shall cease to have effect.

(6) A notification under subsection (2)(b) of land in England and Wales shall be a local land charge; and, to the extent that any such land was the subject of a local land charge by virtue of section 28(9), that local land charge shall be discharged.

(7) A notice under section 28E(1)(a) and a consent under section 28E(3)(a) given before a notification under subsection (2)(b) continue to have effect.

(8) The enlargement of a site of special scientific interest under this section does not affect anything done under section 28J to 28L.

(9) Any reference to—

(a) a notification under section 28(1) (or any of its paragraphs) shall be construed as including the corresponding notification under subsection (2);

(b) a notification under section 28(5)(b) shall be construed as including a notification under that provision as applied by subsection (3); and

(c) a local land charge existing by virtue of section 28(9) shall be treated as including one existing by virtue of subsection (6).]

Textual Amendments

F252 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F253 Words in s. 28C substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F254 Words in s. 28C(2)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(2)(5); S.I. 2014/3088, art. 2(b)

F255 S. 28C(2A)-(2C) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(3)(5); S.I. 2014/3088, art. 2(b)

F256 Words in s. 28C(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(4)(a)(5); S.I. 2014/3088, art. 2(b)

F257 Words in s. 28C(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(4)(b)(5); S.I. 2014/3088, art. 2(b)

[F258 28CA Guidance in relation to subtidal notifications of SSSIs E+W

(1) The ministerial authority may issue guidance to Natural England about the exercise of the power conferred by section 28(1B), 28B(2B) or 28C(2B) to give a notification under section 28(1), 28B(2) or 28C(2) (as the case may be) in relation to land lying below mean low water mark.

(2) In this section and section 28CB “the ministerial authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers.]

Textual Amendments

F258 S. 28CA inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 7; S.I. 2014/3088, art. 2(b)

[F259 28CB Power to call in subtidal notifications E+W

(1) This section applies where a notification under section 28(1), 28B(2) or 28C(2) has been given in relation to land lying below mean low water mark (“the subtidal land”) by virtue of section 28(1B), 28B(2B) or 28C(2B) (as the case may be).

(2) Natural England may not give notice under section 28(5)(b) confirming the notification unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.

(For the meaning of “the ministerial authority”, see section 28CA.)

(3) At any time before the notification is confirmed the ministerial authority may give notice to Natural England that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.

(4) If the ministerial authority gives notice under subsection (3), Natural England may not give notice under section 28(5) until the ministerial authority has given a direction under subsection (5).

(5) The ministerial authority may direct—

(a) that the notification (if confirmed) must include all of the subtidal land;

(b) that the notification (if confirmed) must not include any of the subtidal land;

(c) that the notification (if confirmed) must, or must not, include such part of that land as is specified in the direction;

(d) that the decision whether the notification (if confirmed) should include the subtidal land is to be taken by Natural England.

(6) If the ministerial authority gives a direction under subsection (5), Natural England must give notice under section 28(5)(a) or (b), in accordance with that direction, within the period of three months beginning with the date on which the direction is received by them.

(7) The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—

(a) appearing before and being heard by a person appointed by the ministerial authority for that purpose;

(b) providing written representations to such a person.

(8) A person appointed under subsection (7) must make a report to the ministerial authority of any oral or written representations made under that subsection.

(9) The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (7).

(10) The power to make regulations under subsection (9) is exercisable by statutory instrument.

(11) A statutory instrument containing regulations made under subsection (9) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) A statutory instrument containing regulations made under subsection (9) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Textual Amendments

F259 S. 28CB inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d)(2)(b)(ii), Sch. 13 para. 8; S.I. 2014/3088, art. 2(b)

[F260 28D Denotification. E+W

(1) Where [F261 Natural England] are of the opinion that all or part of a site of special scientific interest

[F262 (a)] is [F263 not] of special interest by reason of any of the matters mentioned in section 28(1), [F264 or

(b) should no longer be the subject of a notification under section 28(1) because that land has been designated as (or as part of) a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009,]

they may decide to notify that fact.

(2) If they do so decide, the persons whom they must notify are—

(a) the local planning authority [F265 (if any)] in whose area [F266 the land mentioned in subsection (1)] is situated;

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

(c) the Secretary of State;

(d) the Environment Agency; and

(e) every relevant undertaker (within the meaning of section 4(1) of the M16 Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the M17 Land Drainage Act 1991) whose works, operations or activities may affect the land.

(3) [F261 Natural England] shall also publish a notification of [F267 the fact mentioned in subsection (1)(a) or (b)] in at least one local newspaper circulating in the area in which the land referred to in subsection (2)(a) is situated.

(4) Section 28(3) shall apply to a notification under subsection (2) or (3) as it applies to a notification under section 28(1).

(5) Where a notification under subsection (2) has been given, [F261 Natural England] may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

(a) give notice to the persons mentioned in subsection (2) withdrawing the notification, or

(b) give notice to those persons confirming the notification, or confirming it in relation to an area of land specified in the notice which is smaller than that specified in the notification under subsection (2),

but if they do neither the notification shall cease to have effect.

(6) A notification under subsection (2) shall have effect in relation to any land as from the time a notice under subsection (5)(b) is served on its owner or occupier, and from that time a notification under section 28(1)(b) in relation to that land shall cease to have effect.

(7) A local land charge existing by virtue of section 28(9) shall be discharged in relation to land which is the subject of a notice under subsection (5)(b).]

Textual Amendments

F260 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F261 Words in s. 28D substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F262 Words in s. 28D(1) renumbered (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) as s. 28D(1)(a) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(2); S.I. 2014/3088, art. 2(b)

F263 Words in s. 28D substituted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 56, 107; S.I. 2006/1382, art. 2

F264 S. 28D(1)(b) and preceding word inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(2); S.I. 2014/3088, art. 2(b)

F265 Words in s. 28D(2)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(3)(a); S.I. 2014/3088, art. 2(b)

F266 Words in s. 28D(2)(a) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(3)(b); S.I. 2014/3088, art. 2(b)

F267 Words in s. 28D(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(4); S.I. 2014/3088, art. 2(b)

Marginal Citations

M16 1991 c. 56.

M17 1991 c. 59.

[F268 28E Duties in relation to sites of special scientific interest. E+W

( 1) The owner or occupier of any land included in a site of special scientific interest shall not while the notification under section 28(1)(b) remains in force carry out, or cause or permit to be carried out, on that land any operation specified in the notification unless—

(a) one of them has, after service of the notification, given [F269 Natural England] notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and

(b) one of the conditions specified in subsection (3) is fulfilled.

(2) Subsection (1) does not apply to an owner or occupier being an authority to which section 28G applies acting in the exercise of its functions.

(3) The conditions are—

(a) that the operation is carried out with [F270 Natural England's] written consent;

(b) that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act [F271 , section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016];

(c) that the operation is carried out in accordance with a management scheme under section 28J or a management notice under section 28K.

(4) A consent under subsection (3)(a) may be given—

(a) subject to conditions, and

(b) for a limited period,

as specified in the consent.

(5) If [F269 Natural England] do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).

(6) [F269 Natural England] may, by notice given to every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates—

(a) withdraw the consent; or

(b) modify it (or further modify it) in any way.

(7) The following—

(a) a consent under subsection (3)(a) granting consent subject to conditions or for a limited period, and

(b) a notice under subsection (5) or (6),

must include a notice of [F270 Natural England's] reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8).

(8) The matters referred to in subsection (7) are—

(a) the rights of appeal under section 28F;

(b) the effect of subsection (9); and

(c) in the case of a notice under subsection (6), the effect of section 28M.

(9) A withdrawal or modification of a consent is not to take effect until—

(a) the expiry of the period for appealing against it; or

(b) if an appeal is brought, its withdrawal or final determination.

(10) [F269 Natural England] shall have power to enforce the provisions of this section.]

Textual Amendments

F268 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F269 Words in s. 28E substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F270 Words in s. 28E substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F271 Words in s. 28E(3)(b) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(2)

Modifications etc. (not altering text)

C18 S. 28E excluded (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 3(1)(f) (with arts. 4, 5(3))

C19 S. 28E excluded (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), arts. 1, 45(1)(d) (with art. 45(7), Sch. 13 Pt. 1 para. 19)

C20 S. 28E(1) excluded (30.1.2001) by 1987 c. 53, s. 9(7)(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)

S. 28E(1) excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)

[F272 28F Appeals in connection with consents. E+W

(1) The following persons—

(a) an owner or occupier who has been refused a consent under section 28E(3)(a),

(b) an owner or occupier who has been granted such a consent but who is aggrieved by conditions attached to it, or by the fact that it is for a limited period, or by the length of that period,

(c) an owner or occupier who is aggrieved by the modification of a consent;

(d) an owner or occupier who is aggrieved by the withdrawal of a consent,

may by notice appeal to the Secretary of State against the relevant decision.

(2) If [F273 Natural England] neither give consent nor refuse it within the period of four months beginning with the date on which the notice referred to in section 28E(1)(a) was sent, the person who gave that notice may for the purposes of subsection (1) treat [F273 Natural England] as having refused consent (and his appeal is to be determined on that basis).

(3) Notice of an appeal must reach the Secretary of State—

(a) except in a case falling within subsection (2), within the period of two months beginning with the date of the notice giving consent or the notice under section 28E(5) or (6), or

(b) in a case falling within subsection (2), within the period of two months beginning immediately after the expiry of the four-month period referred to there,

or, in either case, within such longer period as is agreed in writing between [F273 Natural England] and the appellant.

(4) Before determining an appeal, the Secretary of State may, if he thinks fit—

(a) cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or

(b) cause a local inquiry to be held,

and he must act as mentioned in paragraph (a) or (b) if either party to the appeal asks to be heard in connection with the appeal.

(5) On determining an appeal against a decision, the Secretary of State may—

(a) affirm the decision,

(b) where the decision was a refusal of consent, direct [F273 Natural England] to give consent,

(c) where the decision was as to the terms of a consent (whether the original or a modified one), quash all or any of those terms,

(d) where the decision was a withdrawal or modification of consent, quash the decision,

and where he exercises any of the powers in paragraphs (b), (c) or (d) he may give directions to [F273 Natural England] as to the terms on which they are to give consent.

(6) The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—

(a) notices of appeal and supporting documentation required, and

(b) how appeals are to be brought and considered,

and any such regulations may make different provision for different cases and circumstances.

(7) A statutory instrument containing regulations under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal.

(9) Schedule 10A shall have effect with respect to appointments under subsection (8).

(10) Subsections (2) to (5) of section 250 of the M18 Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there—

(a) to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and

(b) to the Minister causing an inquiry to be held were to the Secretary of State.

(11) Section 322A of the M19 Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section.

[F274 (12) In relation to Wales this section has effect as if for subsections (10) and (11) there were substituted—

“(10) Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section.”]]

Textual Amendments

F272 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F273 Words in s. 28F substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F274 S. 28F(12) 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. 5; S.I. 2016/52, art. 4(a) (with art. 17)

Marginal Citations

M18 1972 c. 70.

M19 1990 c. 8.

[F275 28G Statutory undertakers, etc.: general duty. E+W

(1) An authority to which this section applies (referred to in this section and in sections 28H and 28I as “a section 28G authority”) shall have the duty set out in subsection (2) in exercising its functions so far as their exercise is likely to affect the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.

(2) The duty is to take reasonable steps, consistent with the proper exercise of the authority’s functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest.

(3) The following are section 28G authorities—

(a) a Minister of the Crown (within the meaning of the Ministers of the M20 Crown Act 1975) or a Government department;

(b) the National Assembly for Wales;

(c) a local authority;

(d) a person holding an office—

(i) under the Crown,

(ii) created or continued in existence by a public general Act of Parliament, or

(iii) the remuneration in respect of which is paid out of money provided by Parliament;

(e) a statutory undertaker F276 . . . ; and

(f) any other public body of any description.

[F277 (4) “Statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.]]

Textual Amendments

F275 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F276 Words in s. 28G(3)(e) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 81(2), Sch. 12; S.I. 2006/2541, art.2

F277 S. 28G(4) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 81(3); S.I. 2006/2541, art.2

Modifications etc. (not altering text)

C21 S. 28G(2) excluded (30.1.2001) by 1987 c. 53, s. 9(7)(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)

S. 28G(2) excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)

Marginal Citations

M20 1975 c. 26.

[F278 28H Statutory undertakers, etc.: duty in relation to carrying out operations. E+W

(1) A section 28G authority shall give notice to [F279 Natural England] before carrying out, in the exercise of its functions, operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.

(2) Subsection (1) applies even if the operations would not take place on land included in a site of special scientific interest.

(3) In response to the notice referred to in subsection (1), [F279 Natural England] may send a notice—

(a) saying that they do not assent to the proposed operations, or

(b) assenting to them (with or without conditions),

but if they do not send a notice under paragraph (b) within the period of 28 days beginning with the date of the notice under subsection (1) they shall be treated as having declined to assent.

(4) If [F279 Natural England] do not assent, or if the authority proposes to carry out the operations otherwise than in accordance with the terms of the Council’s assent, the authority—

(a) shall not carry out the operations unless the condition set out in subsection (5) is satisfied, and

(b) shall comply with the requirements set out in subsection (6) when carrying them out.

(5) The condition is that the authority has, after the expiry of the period of 28 days beginning with the date of the notice under subsection (1), notified the Council of—

(a) the date on which it proposes to start the operations (which must be after the expiry of the period of 28 days beginning with the date of the notification under this paragraph), and

(b) how (if at all) it has taken account of any written advice it received from [F279 Natural England], before the date of the notification under this paragraph, in response to the notice under subsection (1).

(6) The requirements are—

(a) that the authority carry out the operations in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological or physiographical features by reason of which the site is of special interest (taking account, in particular, of any such advice as is referred to in subsection (5)(b)); and

(b) that the authority restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur.]

Textual Amendments

F278 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F279 Words in s. 28H substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

[F280 28I Statutory undertakers, etc.: duty in relation to authorising operations. E+W

(1) This section applies where the permission of a section 28G authority is needed before operations may be carried out.

(2) Before permitting the carrying out of operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, a section 28G authority shall give notice of the proposed operations to [F281 Natural England].

(3) Subsection (2) applies even if the operations would not take place on land included in a site of special scientific interest.

(4) The authority shall wait until the expiry of the period of 28 days beginning with the date of the notice under subsection (2) before deciding whether to give its permission, unless [F281 Natural England] have notified the authority that it need not wait until then.

(5) The authority shall take any advice received from [F281 Natural England] into account—

(a) in deciding whether or not to permit the proposed operations, and

(b) if it does decide to do so, in deciding what (if any) conditions are to be attached to the permission.

(6) If [F281 Natural England] advise against permitting the operations, or advise that certain conditions should be attached, but the section 28G authority does not follow that advice, the authority—

(a) shall give notice of the permission, and of its terms, to [F281 Natural England], the notice to include a statement of how (if at all) the authority has taken account of the Council’s advice, and

(b) shall not grant a permission which would allow the operations to start before the end of the period of 21 days beginning with the date of that notice.

(7) In this section “permission”, in relation to any operations, includes authorisation, consent, and any other type of permission (and “permit” and “permitting” are to be construed accordingly).]

Textual Amendments

F280 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F281 Words in s. 28I substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

Modifications etc. (not altering text)

C22 S. 28I excluded (30.1.2001) by 1987 c. 53, s. 9(7) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)

S. 28I excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6 (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)

[F282 28J Management schemes. E+W

(1) [F283 Natural England] may formulate a management scheme for all or part of a site of special scientific interest.

(2) A management scheme is a scheme for—

(a) conserving the flora, fauna, or geological or physiographical features by reason of which the land (or the part of it to which the scheme relates) is of special interest; or

(b) restoring them; or

(c) both.

(3) [F283 Natural England] shall serve notice of a proposed management scheme on every owner and occupier of any of the land (or the part of it to which the scheme would relate); but it may be served on them only after they have been consulted about the proposed management scheme.

(4) The notice may be served with the notification referred to in section 28(1)(b) or afterwards.

(5) The owners and occupiers upon whom the notice must be served (referred to in this section as “the relevant owners and occupiers”) are—

(a) if it is served with the notification under section 28(1)(b), or later but before the notification referred to in section 28(5)(b), the owners and occupiers referred to in section 28(1)(b);

(b) if it is served with the notification under section 28(5)(b) or later, the owners and occupiers of such of the land as remains subject to the notification.

(6) The notice of a proposed management scheme must include a copy of the proposed scheme.

(7) The notice must specify the time (not being less than three months from the date of the giving of the notice) within which, and the manner in which, representations or objections with respect to the proposed management scheme may be made; and [F283 Natural England] shall consider any representation or objection duly made.

(8) Where a notice under subsection (3) has been given, [F283 Natural England] may within the period of nine months beginning with the date on which the notice was served on the last of the relevant owners and occupiers either—

(a) give notice to the relevant owners and occupiers withdrawing the notice, or

(b) give notice to them confirming the management scheme (with or without modifications),

and if notice under paragraph (b) is given, the management scheme shall have effect from the time the notice is served on all of the relevant owners or occupiers.

(9) A notice under subsection (3) shall cease to have effect—

(a) on the giving of a notice of withdrawal under subsection (8)(a) to any of the relevant owners and occupiers; or

(b) if not withdrawn or confirmed by notice under subsection (8) within the period of nine months referred to there, at the end of that period.

(10) [F284 Natural England's] power under subsection (8)(b) to confirm a management scheme with modifications shall not be exercised so as to make complying with it more onerous.

(11) [F283 Natural England] may at any time cancel or propose the modification of a management scheme.

(12) In relation to—

(a) the cancellation of a management scheme, subsections (3) to (5) apply, and

(b) a proposal to modify a management scheme, subsections (3) to (10) apply,

as they apply in relation to a proposal for a management scheme.

F285 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F282 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F283 Words in s. 28J substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F284 Words in s. 28J substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F285 S. 28J(13) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(3)

[F286 28K Management notices. E+W

(1) Where it appears to [F287 Natural England] that—

(a) an owner or occupier of land is not giving effect to a provision of a management scheme, and

(b) as a result any flora, fauna or geological or physiographical features by reason of which the land is of special interest are being inadequately conserved or restored,

they may if they think fit serve a notice on him (a “management notice”).

(2) They may not serve a management notice unless they are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land in accordance with the management scheme.

(3) A management notice is a notice requiring the owner or occupier to—

(a) carry out such work on the land, and

(b) do such other things with respect to it,

as are specified in the notice, and to do so before the dates or within the periods so specified.

(4) The work and other things specified in the notice must appear to [F287 Natural England] to be measures which it is reasonable to require in order to ensure that the land is managed in accordance with the management scheme.

(5) The management notice must explain the effect of subsection (7) and (8) and of sections 28L and 28M(2) to (4).

(6) A copy of the management notice must be served on every other owner and occupier of the land.

(7) If any of the work or other things required by a management notice have not been done within the period or by the date specified in it, [F287 Natural England] may—

(a) enter the land, and any other land, and carry out the work, or do the other things; and

(b) recover from the owner or occupier upon whom the notice was served any expenses reasonably incurred by them in carrying out the work or doing the other things.

(8) If an appeal is brought against the management notice, and upon the final determination of the appeal the notice is affirmed (with or without modifications), subsection (7) applies as if the references there to the management notice were to the notice as affirmed.]

Textual Amendments

F286 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F287 Words in s. 28J substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

[F288 28L Appeals against management notices. E+W

(1) A person who is served with a management notice may appeal against its requirements to the Secretary of State; and a management notice does not take effect until—

(a) the expiry of the period for appealing against it; or

(b) if an appeal is brought, its withdrawal or final determination.

(2) An appeal may be on the ground that some other owner or occupier of the land should take all or any of the measures specified in the management notice, or should pay all or part of their cost.

(3) Where the grounds of appeal are, or include, that mentioned in subsection (2), the appellant must serve a copy of his notice of appeal on each other person referred to.

(4) Before determining an appeal, the Secretary of State may, if he thinks fit—

(a) cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or

(b) cause a local inquiry to be held,

and he must act as mentioned in paragraph (a) or (b) if either party to the appeal (or, in a case falling within subsection (2), any of the other persons mentioned there) asks to be heard in connection with the appeal.

(5) On determining the appeal, the Secretary of State may quash or affirm the management notice; and if he affirms it, he may do so either in its original form or with such modifications as he thinks fit.

(6) In particular, on determining an appeal whose grounds are, or include, those mentioned in subsection (2), the Secretary of State may—

(a) vary the management notice so as to impose its requirements (or some of them) upon any such other person as is referred to in the grounds; or

(b) determine that a payment is to be made by any such other person to the appellant.

(7) In exercising his powers under subsection (6), the Secretary of State must take into account, as between the appellant and any of the other people referred to in subsection (2)—

(a) their relative interests in the land (considering both the nature of the interests and the rights and obligations arising under or by virtue of them);

(b) their relative responsibility for the state of the land which gives rise to the requirements of the management notice; and

(c) the relative degree of benefit to be derived from carrying out the requirements of the management notice.

(8) The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—

(a) the period within which and the manner in which appeals are to be brought, and

(b) the manner in which they are to be considered,

and any such regulations may make different provision for different cases or circumstances.

(9) A statutory instrument containing regulations under subsection (8) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal.

(11) Schedule 10A shall have effect with respect to appointments under subsection (10).

(12) Subsections (2) to (5) of section 250 of the M21 Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there—

(a) to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and

(b) to the Minister causing an inquiry to be held were to the Secretary of State.

(13) Section 322A of the M22 Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section.

[F289 (14) In relation to Wales this section has effect as if for subsections (12) and (13) there were substituted—

“(12) Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section.”]]

Textual Amendments

F288 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F289 S. 28L(14) 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. 6; S.I. 2016/52, art. 4(a) (with art. 17)

Marginal Citations

M21 1972 c. 70.

M22 1990 c. 8.

[F290 28M Payments. E+W

(1) Where [F291 Natural England], under section 28E(6), modify or withdraw a consent, they shall make a payment to any owner or occupier of the land who suffers loss because of the modification or withdrawal.

(2) [F291 Natural England] may, if they think fit, make one or more payments to any owner or occupier of land in relation to which a management scheme under section 28J is in force.

(3) The amount of a payment under this section is to be determined by [F291 Natural England] in accordance with guidance given and published by the Ministers.

(4) Section 50(3) applies to the determination of the amount of payments under this section as it applies to the determination of the amount of payments under that section.]

Textual Amendments

F290 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F291 Words in s. 28M substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

[F292 28N Compulsory purchase. E+W

(1) [F293 Natural England] may in circumstances set out in subsection (2) acquire compulsorily all or any part of a site of special scientific interest.

(2) The circumstances are—

(a) that [F293 Natural England] are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land; or

(b) that [F293 Natural England] have entered into such an agreement, but they are satisfied that it has been breached in such a way that the land is not being managed satisfactorily.

(3) A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) is to be determined by an arbitrator appointed by the Lord Chancellor.

(4) Where [F293 Natural England] have acquired land compulsorily under this section, they may—

(a) manage it themselves; or

(b) dispose of it, or of any interest in it, on terms designed to secure that the land is managed satisfactorily.

(5) Section 103 of the 1949 Act (general provisions as to acquisition of land) applies for the purposes of this section as it applies for the purposes of that Act.]

Textual Amendments

F292 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F293 Words in s. 28N substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

[F294 28P Offences. E+W

(1) A person who, without reasonable excuse, contravenes section 28E(1) is guilty of an offence and is liable [F295 on summary conviction, or on conviction on indictment, to a fine].

(2) A section 28G authority which, in the exercise of its functions, carries out an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest—

(a) without first complying with section 28H(1), or

(b) (if it has complied with section 28H(1)) without first complying with section 28H(4)(a),

is, unless there was a reasonable excuse for carrying out the operation without complying, guilty of an offence and is liable [F296 on summary conviction, or on conviction on indictment, to a fine].

(3) A section 28G authority acting in the exercise of its functions which, having complied with section 28H(1), fails without reasonable excuse to comply with section 28H(4)(b) is guilty of an offence and is liable [F297 on summary conviction, or on conviction on indictment, to a fine].

(4) For the purposes of subsections (1), (2) and (3), it is a reasonable excuse in any event for a person to carry out an operation (or to fail to comply with a requirement to send a notice about it) if—

(a) subject to subsection (5), the operation in question was authorised by a planning permission granted on an application under Part III of the M23 Town and Country Planning Act 1990 or permitted by a section 28G authority which has acted in accordance with section 28I; or

(b) the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to [F298 Natural England] as soon as practicable after the commencement of the operation.

(5) If an operation needs both a planning permission and the permission of a section 28G authority, subsection (4)(a) does not provide reasonable excuse unless both have been obtained.

[F299 (5A) A section 28G authority which, in the exercise of its functions, permits the carrying out of an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest—

(a) without first complying with section 28I(2), or

(b) where relevant, without first complying with section 28I(4) or (6),

is, unless there was a reasonable excuse for permitting the carrying out of the operation without complying, guilty of an offence and is liable [F300 on summary conviction, or on conviction on indictment, to a fine].

(5B) For the purposes of subsection (5A), it is a reasonable excuse in any event for a section 28G authority to permit the carrying out of an operation without first complying with section 28I(2), (4) or (6) if the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to Natural England as soon as practicable after the permission was given.]

(6) A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—

(a) intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which land is of special interest, or intentionally or recklessly disturbs any of those fauna, and

(b) knew that what he destroyed, damaged or disturbed was within a site of special scientific interest,

is guilty of an offence and is liable [F301 on summary conviction, or on conviction on indictment, to a fine].

[F302 (6A) A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—

(a) intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or

(b) intentionally or recklessly disturbs any of those fauna,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.]

(7) It is a reasonable excuse in any event for a person to do what is mentioned in subsection (6) [F303 or (6A)] if—

(a) paragraph (a) or (b) of subsection (4) is satisfied in relation to what was done (reading references there to an operation as references to the destruction, damage or disturbance referred to in subsection (6) [F304 or (6A)]), and

(b) where appropriate, subsection (5) is also satisfied, reading the reference there to an operation in the same way.

(8) A person who without reasonable excuse fails to comply with a requirement of a management notice is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.

(9) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

(10) Proceedings in England and Wales for an offence under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than [F298 Natural England].

(11) In this section, “a section 28G authority” means an authority to which section 28G applies.]

Textual Amendments

F294 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F295 Words in s. 28P(1) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(a) (with reg. 5(1))

F296 Words in s. 28P(2) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(b) (with reg. 5(1))

F297 Words in s. 28P(3) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(c) (with reg. 5(1))

F298 Words in s. 28P substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F299 S. 28P(5A)(5B) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(2), 107; S.I. 2006/2541, art. 2

F300 Words in s. 28P(5A) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(d) (with reg. 5(1))

F301 Words in s. 28P(6) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(e) (with reg. 5(1))

F302 S. 28P(6A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(3), 107; S.I. 2006/2541, art. 2

F303 Words in s. 28P(7) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(4), 107; S.I. 2006/2541, art. 2

F304 Words in s. 28P(7) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(4), 107; S.I. 2006/2541, art. 2

Marginal Citations

M23 1990 c. 8.

[F305 28Q Change of owner or occupier. E+W

(1) This section applies where the owner of land included in a site of special scientific interest—

(a) disposes of any interest of his in the land; or

(b) becomes aware that it is occupied by an additional or a different occupier.

(2) If this section applies, the owner shall send a notice to [F306 Natural England] before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation.

(3) The notice is to specify the land concerned and—

(a) in a subsection (1)(a) case, the date on which the owner disposed of the interest in the land, and the name and address of the person to whom he disposed of the interest; or

(b) in a subsection (1)(b) case, the date on which the change of occupation took place (or, if the owner does not know the exact date, an indication of when to the best of the owner’s knowledge it took place), and, as far as the owner knows them, the name and address of the additional or different occupier.

(4) A person who fails without reasonable excuse to comply with the requirements of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5) For the purposes of subsection (1), an owner “disposes of” an interest in land if he disposes of it by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage.]

Textual Amendments

F305 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F306 Words in s. 28Q substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

[F307 28R Byelaws. E+W

(1) [F308 Natural England] may make byelaws for the protection of a site of special scientific interest.

(2) The following provisions of the 1949 Act apply in relation to byelaws under this section as they apply in relation to byelaws under section 20 of that Act—

(a) subsections (2) and (3) of section 20 (reading references there to nature reserves as references to sites of special scientific interest); and

(b) sections 106 and 107.]

Textual Amendments

F307 Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

F308 Words in s. 28R substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

[F309 28S Notices and signs relating to SSSIs E+W+S

(1) Natural England may, on any land included in a site of special scientific interest, put up and maintain notices or signs relating to the site.

(2) Natural England may remove any notice or sign put up under subsection (1).

(3) Any other person who intentionally or recklessly and without reasonable excuse takes down, damages, destroys or obscures a notice or sign put up under subsection (1) is guilty of an offence.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.]

Textual Amendments

F309 S. 28S inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(1), 107; S.I. 2006/2541, art. 2

29 Special protection for certain areas of special scientific interest. E+W+S

F310 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310 S. 29 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 102, 103(2), Sch. 9 para. 2, Sch. 16 Pt. III and s. 29 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. II para. 11); S.S.I. 2004/495, art. 2

30 Compensation where order is made under s. 29. E+W+S

F311 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F311 S. 30 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 102, 103(2), Sch. 9 para. 2, Sch. 16 Pt. III and s. 30 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2

31 [F312 Restoration following offence under section 28P.] E+W

[F313 (1) Where—

(a) the operation in respect of which a person is convicted of an offence under section 28P(1), (2) or (3) has destroyed or damaged any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or

(b) a person is convicted of an offence under section 28P(6) [F314 or (6A)],

the court by which he is convicted, in addition to dealing with him in any other way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations (whether on land included in the site of special scientific interest or not) as may be so specified for the purpose of restoring the site of special scientific interest to its former condition.]

(2) An order under this section made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the M24 Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person’s conviction any such order does not take effect, and on appeal to [F315 the Supreme Court] the conviction is restored by [F315 the Supreme Court], [F315 the Supreme Court] may make any order under this section which could be made on his conviction by the court which convicted him.

(3) In the case of an order under this section made by a magistrates’ court the period specified in the order shall not begin to run—

(a) in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates’ court;

(b) where notice of appeal is given within the period so prescribed, until determination of the appeal.

(4) At any time before an order under this section has been complied with or fully complied with, the court by which it was made may, on the application of the person against whom it was made, discharge or vary the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary.

(5) If, within the period specified in an order under this section, the person against whom it was made fails, without reasonable excuse, to comply with it, he shall be liable on summary conviction—

(a) to a fine not exceeding [F316 level 5 on the standard scale]; and

(b) in the case of a continuing offence, to a further fine not exceeding £100 for each day during which the offence continues after conviction.

(6) If, within the period specified in an order under this section, any operations specified in the order have not been carried out, [F317 Natural England] may enter the land and carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by them in doing so.

(7) In the application of this section to Scotland—

(a) subsections (2) and (3) shall not apply; and

(b) for the purposes of any appeal or review, an order under this section is a sentence.

Extent Information

E24 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F312 S. 31 sidenote substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(3)

F313 S. 31(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(2)

F314 Words in s. 31(1)(b) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(5), 107; S.I. 2006/2541, art. 2

F315 Words in s. 31(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 37; S.I. 2009/1604, art. 2(a)(d)

F316 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F317 Words in s. 31 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

Marginal Citations

M24 1968 c. 19.

31 Restoration where order under s. 29 is contravened. S

F875 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E55 This version of this provision extends to Scotland only; a separate version has been created for England and Wales

Textual Amendments

F875 S. 31 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2

32 Duties of agriculture Ministers with respect to areas of special scientific interest. E+W

(1) Where an application for [F318 a farm capital grant] is made as respects expenditure incurred or to be incurred for the purpose of activities on [F319 land included in a site of special scientific interest]. . ., the appropriate Minister—

(a) shall, so far as may be consistent with the purposes of [F320 the grant provisions], so exercise his functions thereunder as to further the conservation of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; and

(b) where [F321 Natural England] have objected to the making of the grant on the ground that the activities in question have destroyed or damaged or will destroy or damage that flora or fauna or those features, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State.

(2) Where, in consequence of an objection by [F321 Natural England] , an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (1)(b), [F321 Natural England] shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act—

(a) imposing restrictions as respects those activities; and

(b) providing for the making by them of payments to the applicant.

[F322 (2A) Subsection (2) has effect in relation to Wales as if the reference to an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act were a reference to an agreement under section 16 of the Environment (Wales) Act 2016.]

[F323 (3) In this section—

• “the appropriate Minister” means the Minister responsible for determining the application;

• “farm capital grant” means—

(a) a grant under a scheme made under section 29 of the Agriculture Act 1970; or

(b) a grant under regulations made under section 2(2) of the European Communities Act 1972 to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature;

• “grant provisions” means—

(i) in the case of such a grant as is mentioned in paragraph ( a ) above, the scheme under which the grant is made and section 29 of the Agriculture Act 1970; and

(ii) in the case of such a grant as is mentioned in paragraph ( b ) above, the regulations under which the grant is made and the [F200 EU] instrument in pursuance of which the regulations were made.]

Extent Information

E25 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F200 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

F318 Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(2)(a)

F319 Words in s. 32(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 4

F320 Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(2)(b)

F321 Words in s.32 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2

F322 S. 32(2A) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(4)

F323 S. 32(3) substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(3)

32 Duties of agriculture Ministers with respect to areas of special scientific interest. S

F876 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E56 This version of this provision extends to Scotland only; a separate version has been created for England and Wales

Textual Amendments

F876 S. 32 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2

F324 33 Ministerial guidance as respects areas of special scientific interest. E+W+S

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

Textual Amendments

F324 S. 33 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2

34 Limestone pavement orders. E+W

[F325 (1) Natural England must notify any local planning authority of any limestone pavement in that authority's area.]

(2) Where it appears to the Secretary of State or the relevant authority that the character or appearance of any land notified under subsection (1) would be likely to be adversely affected by the removal of the limestone or by its disturbance in any way whatever, the Secretary of State or that authority may make an order (in this section referred to as a “limestone pavement order”) designating the land and prohibiting the removal or disturbance of limestone on or in it; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of limestone pavement orders.

(3) The relevant authority may, after consultation with [F326 Natural England], amend or revoke a limestone pavement order made by the authority; and the Secretary of State may, after such consultation as aforesaid, amend or revoke any such order made by him or that authority but, in the case of an order made by that authority, only after consultation with that authority.

(4) If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable [F327 on summary conviction, or on conviction on indictment, to a fine].

(5) It is a reasonable excuse in any event for a person to remove or disturb limestone or cause or permit its removal or disturbance, if the removal or disturbance was authorised by a planning permission granted on an application under [F328 Part III of the Town and Country Planning Act 1990]. . . .

(6) In this section—

• F329 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “limestone pavement” means an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion;

• [F330 “the relevant authority” means—

  (a)

  in relation to a non-metropolitan county [F331 in England], the county planning authority and, in relation to any other area in England, the local planning authority;

  (aa)

  [F332 in relation to any area in Wales, the local planning authority;]

  (b)

  F333 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Extent Information

E26 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F325 S. 34(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 83(2); S.I. 2006/2541, art. 2

F326 Words in s. 34(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107), {Sch. 11 para. 83(3)}; S.I. 2006/2541, art. 2

F327 Words in s. 34(4) substituted for paras. (4)(a)(b) (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(3) (with reg. 5(1))

F328 Words in s. 34(5) substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(1)

F329 S. 34(6): definition of “the agency” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 83(5)(a), Sch. 12; S.I. 2006/2541, art. 2

F330 Definition in s. 34(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(2)

F331 Words in s. 34(1)(3)(6) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F332 Para. (aa) in the definition of “the relevant authority” in s. 34(6) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F333 S. 34(6): para. (b) definition of “the relevant authority” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 83(5)(b), Sch. 12; S.I. 2006/2541, art. 2

Modifications etc. (not altering text)

C23 S. 34(2): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

34 Limestone pavement orders. S

F877 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E57 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F877 S. 34 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2

[F334 Nature reserves, F335 ... and Ramsar sites E+W+S

Textual Amendments

F334 S. 34A and preceding cross-heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 84; S.I. 2006/2541, art. 2

F335 Words in cross-heading preceding s. 34A omitted (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 virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 146(1), 324(2)(b)(i), Sch. 11 para. 2(3) (with s. 145); S.I. 2014/3088, art. 2(b); and those same words repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(a) (with s. 162); S.S.I. 2010/230, art. 2(h)

34A Meaning of “appropriate conservation body” E+W+S

In the following provisions of this Part “the appropriate conservation body” means—

(a) in relation to England, Natural England;

(b) in relation to Wales, [F336 the Natural Resources Body for Wales];

(c) in relation to Scotland, Scottish Natural Heritage.]

Textual Amendments

F336 Words in s. 34A(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 173 (with Sch. 7)

X3 35 National nature reserves. E+W+S

(1) Where [F337 the appropriate conservation body] are satisfied that any land which—

(a) is being managed as a nature reserve under an agreement entered into with [F337 the appropriate conservation body];

(b) is held by [F337 the appropriate conservation body] and is being managed by them as a nature reserve; or

(c) is held by an approved body and is being managed by that body as a nature reserve,

is of national importance, they may declare that land to be a national nature reserve.

[F338 (1A) The land which may be declared to be a national nature reserve in England or Wales includes—

(a) any land lying above mean low water mark;

(b) any land covered by estuarial waters.

(1B) Where the area of land to which a declaration under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—

(a) area B adjoins area A, and

(b) any of the conditions in subsection (1C) is satisfied.

(1C) The conditions are—

(a) that the flora, fauna or features leading to the management of area A as a nature reserve is or are also present in area B;

(b) that the management of area A as a nature reserve is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B;

(c) that, without the inclusion of area B, the identification of the boundary of the land declared to be a national nature reserve (either in the declaration or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(1D) The ministerial authority may issue guidance to the appropriate conservation body about the exercise of the power conferred by subsection (1B) to make a declaration in relation to land lying below mean low water mark.

“The ministerial authority” has the meaning given by section 35A(12).]

(2) A declaration by [F337 the appropriate conservation body] that any land is a national nature reserve shall be conclusive of the matters declared; and subsections (4) and (5) of section 19 of the 1949 Act shall apply in relation to any such declaration as they apply in relation to a declaration under that section.

(3) On the application of the approved body concerned, [F337 the appropriate conservation body], as respects any land which is declared to be a national nature reserve under subsection (1)(c), make byelaws for the protection of the reserve.

(4) Subsections (2) and (3) of section 20 and section 106 of the 1949 Act shall apply in relation to byelaws under this section as they apply in relation to byelaws under the said section 20.

(5) In this section—

• “approved body” means a body approved by [F337 the appropriate conservation body] for the purposes of this section;

• “nature reserve” has the same meaning as in Part III of the 1949 Act.

Editorial Information

X3 The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F337 Words in s. 35 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 85; S.I. 2006/2541, art. 2

F338 S. 35(1A)-(1D) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 10 (with Sch. 13 para. 10(2)); S.I. 2014/3088, art. 2(b)

[F339 35A Power to call in subtidal declarations E+W+S

(1) This section applies where—

(a) the appropriate conservation body propose to declare land to be a national nature reserve under section 35(1), and

(b) the land to which the proposed declaration relates includes, by virtue of section 35(1B), land lying below mean low water mark (“the subtidal land”).

(2) The appropriate conservation body may not declare the reserve unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.

(3) At any time before the reserve is declared the ministerial authority may give notice to the appropriate conservation body that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.

(4) If the ministerial authority gives notice under subsection (3), the appropriate conservation body may not declare the reserve until the ministerial authority has given a direction under subsection (5).

(5) The ministerial authority may direct—

(a) that the reserve (if declared) must include all of the subtidal land;

(b) that the reserve (if declared) must not include any of the subtidal land;

(c) that the reserve (if declared) must, or must not, include such part of that land as is specified in the direction;

(d) that the decision whether the reserve (if declared) should include the subtidal land is to be taken by the appropriate conservation body.

(6) The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—

(a) appearing before and being heard by a person appointed by the ministerial authority for that purpose;

(b) providing written representations to such a person.

(7) A person appointed under subsection (6) must make a report to the ministerial authority of any oral or written representations made under that subsection.

(8) The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (6).

(9) The power to make regulations under subsection (8) is exercisable by statutory instrument.

(10) A statutory instrument containing regulations made under subsection (8) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11) A statutory instrument containing regulations made under subsection (8) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(12) In this section “the ministerial authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers.]

Textual Amendments

F339 S. 35A inserted (E.W.) (12.11.2009 for certain purposes, 12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(1)(c)(2)(b)(ii), Sch. 13 para. 11; S.I. 2014/3088, art. 2(b)

F340 36 Marine nature reserves. E+W+S

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

Textual Amendments

F340 S. 36 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)(a), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(b)(c); and s. 36 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(b) (with s. 162); S.S.I. 2010/230, art. 2(h)

[F341 37 Byelaws for protection of marine nature reserves. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F341 S. 37 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)(a), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(b)(c); and s. 37 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(b) (with s. 162); S.S.I. 2010/230, art. 2(h)

X4 [F342 37A Ramsar sites. E+W

(1) Where a wetland in Great Britain has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article, the Secretary of State shall—

(a) notify [F343 Natural England] if all or part of the wetland is in England;

(b) notify [F344 the Natural Resources Body for Wales] if it is in Wales; or

(c) notify both of them if it is partly in England and partly in Wales.

(2) Subject to subsection (3), upon receipt of a notification under subsection (1), each body notified shall, in turn, notify—

(a) the local planning authority in whose area the wetland is situated;

(b) every owner and occupier of any of that wetland; [F345 and]

F346 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) every relevant undertaker (within the meaning of section 4(1) of the M25 Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the M26 Land Drainage Act 1991) whose works, operations or activities may affect the wetland.

[F347 (2A) Subject to subsection (3), upon receipt of a notification under subsection (1), Natural England shall, in turn, notify the Environment Agency.]

[F348 (2B) Subject to subsection (3), upon receipt of a notification under subsection (1) relating to a wetland all or part of which is in a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004, the Natural Resources Body for Wales shall, in turn, notify the strategic planning panel for that area.]

(3) [F343 Natural England] and [F349 the Natural Resources Body for Wales] may agree that in a case where the Secretary of State notifies both of them under subsection (1)(c), any notice under subsection (2) is to be sent by one or the other of them (and not both), so as to avoid duplicate notices under that subsection.

(4) Subject to subsection (5), the “Ramsar Convention” is the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by—

(a) the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and

(b) the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987.

(5) If the Ramsar Convention is further amended after the passing of the Countryside and Rights of Way Act 2000, the reference to the Ramsar Convention in subsection (1) is to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision).]

Editorial Information

X4 The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F342 S. 37A inserted (30.1.2001) by 2000 c. 37, ss. 77, 103(2)

F343 Words in s. 37A(1)(a)(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 36; S.I. 2006/2541, art. 2

F344 Words in s. 37A(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(2) (with Sch. 7)

F345 Word in s. 37A(2)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(3)(a) (with Sch. 7)

F346 S. 37A(2)(c) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(3)(b) (with Sch. 7)

F347 S. 37A(2A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(4) (with Sch. 7)

F348 S. 37A(2B) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 7

F349 Words in s. 37A(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(5) (with Sch. 7)

Marginal Citations

M25 1991 c. 56.

M26 1991 c. 59.

F350 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F350 S. 38 repealed (1.4.1991) by Environmental Protection Act 1990 (c.43, SIF 46:4), s. 162(2), Sch. 16 Pt. VI; S.I. 1991/685, art. 3

Countryside E+W+S

39 Management agreements with owners and occupiers of land. E+W

(1) A relevant authority may, for the purpose of conserving or enhancing the natural beauty or amenity of any land which is F351 . . . within their area or promoting its enjoyment by the public, make an agreement (in this section referred to as a “management agreement”) with any person having an interest in the land with respect to the management of the land during a specified term or without limitation of the duration of the agreement.

(2) Without prejudice to the generality of subsection (1), a management agreement—

(a) may impose on the person having an interest in the land restrictions as respects the method of cultivating the land, its use for agricultural purposes or the exercise of rights over the land and may impose obligations on that person to carry out works or agricultural or forestry operations or do other things on the land;

(b) may confer on the relevant authority power to carry out works for the purpose of performing their functions under the 1949 Act and the 1968 Act; and

(c) may contain such incidental and consequential provisions (including provisions for the making of payments by either party to the other) as appear to the relevant authority to be necessary or expedient for the purposes of the agreement.

(3) The provisions of a management agreement with any person interested in the land shall, unless the agreement otherwise provides, be binding on persons deriving title under or from that person and be enforceable by the relevant authority against those persons accordingly.

(4) Schedule 2 to the M27 Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants) shall apply to management agreements as it applies to forestry dedication covenants.

(5) In this section “the relevant authority” means—

F352 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F353 (aa) as respects land within the Broads, the Broads Authority;]

F354 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) as respects any other land, the local planning authority.

[F355 (d) F356 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F357 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) as respects land in any area of outstanding natural beauty designated under section 82 of the Countryside and Rights of Way Act 2000 for which a conservation board has been established under section 86 of that Act, that board.]

(6) The powers conferred by this section on a relevant authority shall be in addition to and not in derogation of any powers conferred on such an authority by or under any enactment.

Textual Amendments

F351 Words in s. 39(1) repealed (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, ss. 96(a), 102, 103(2), Sch. 16 Pt. VI; S.I. 2001/114, art. 2(2)(m); S.I. 2001/1410, art. 2(q)

F352 S. 39(5)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.

F353 S. 39(5)(aa) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 para. 31(2)

F354 S. 39(5)(b) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F355 S. 39(5)(d)-(f) inserted (1.4.2001 for E. and 1.5.2001for W.) by 2000 c. 37, s. 96(b); S.I. 2001/114, art. 2(2)(f); S.I. 2001/1410, art. 2(h)

F356 S. 39(5)(d) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 87, Sch. 12; S.I. 2006/2541, art. 2

F357 S. 39(5)(e) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(5)

Modifications etc. (not altering text)

C24 S. 39 modified (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)

S. 39 modified (20.9.2006) by The Natural Environment and Rural Communities Act 2006 (Commencement No. 3 and Transitional Provisions) Order 2006 (S.I. 2006/2541), art. 3(1), Sch. para. 5

Marginal Citations

M27 1967 c. 10.

F358 40 Experimental schemes. E+W

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

Textual Amendments

F358 S. 40 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(6)

41 Duties of agriculture Ministers with respect to the countryside. E+W+S

F359 [F360 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In the exercise of his general duty under section 4(2) of the M28 Small Landholders (Scotland) Act 1911 of promoting the interests of agriculture and other rural industries, and without prejudice to the generality of that duty, the Secretary of State shall make provision, through such organisation as he considers appropriate, for the giving of

[F361 (a) advice to persons carrying on agricultural businesses on the conservation and enhancement of the natural beauty and amenity of the countryside;

(b) advice to such persons on diversification into other enterprises of benefit to the rural economy; and

(c) advice to government departments and other bodies exercising statutory functions on the promotion and furtherance of such diversification as is mentioned in paragraph (b).]

(3) Where an application for [F362 a farm capital grant] is made as respects expenditure incurred or to be incurred for the purposes of activities on land which is in a National Park [F363 (including a National Park in Scotland)]or an area specified for the purposes of this subsection by the Ministers, the appropriate Minister—

(a) shall, so far as may be consistent with the purposes of the [F364 the grant provisions], so exercise his functions thereunder as to further the conservation and enhancement of the natural beauty and amenity of the countryside and to promote its enjoyment by the public; and

(b) where the relevant authority have objected to the making of the grant on the ground that the activities in question have had or will have an adverse effect on the natural beauty or amenity of the countryside or its enjoyment by the public, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State;

F365 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where, in consequence of an objection by the relevant authority, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (3)(b), the relevant authority shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, a management agreement—

(a) imposing restrictions as respects those activities; and

(b) providing for the making by them of payments to the applicant.

(5) In this section—

• [F366 “agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970;]

• [F366 “the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32;]

• [F367 “management agreement” means—

  (a)

  in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and

  (b)

  in relation to Wales, an agreement under section 39 [F368 or under section 16 of the Environment (Wales) Act 2016];

• “the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England [F369 and in relation to Wales it also includes the Natural Resources Body for Wales].]

[F370 (5A) For the purposes of this section the Broads shall be treated as a National Park [F371 (and, as respects land within the Broads, any reference in this section to the relevant authority is accordingly a reference to the Broads Authority).].]

(6) F372 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F359 S. 41(1) repealed by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(5), Sch. 4

F360 S. 41 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2

F361 S. 41(2)(a)–(c) substituted for words by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(4), Sch. 3 para. 4

F362 Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(4)(a)

F363 Words in s. 41(3) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 8(2) (with s. 32); S.S.I. 2000/312, art. 2

F364 Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(4)(b)

F365 Words in s. 41(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(2), Sch. 12; S.I. 2006/2541, art. 2

F366 Definition substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(5)

F367 S. 41(5): definitions of “management agreement” and “the relevant authority” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(3); S.I. 2006/2541, art. 2

F368 Words in s. 41(5) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(7)(a)

F369 Words in s. 41(5) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(7)(b)

F370 S. 41(5A) inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 Pt. I para. 31(3)

F371 Words in s. 41(5A) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(2) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 2

F372 S. 41(6) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(4), Sch. 12; S.I. 2006/2541, art. 2

Modifications etc. (not altering text)

C25 S. 41 modified (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7

Marginal Citations

M28 1911 c. 49.

National Parks E+W

[F373 41A Application of sections 42 to 45 in Wales E+W

In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to [F374 the Natural Resources Body for Wales].]

Textual Amendments

F373 S. 41A inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 89; S.I. 2006/2541, art. 2

F374 Words in s. 41A substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 176 (with Sch. 7)

42 Notification of agricultural operations on moor and heath in National Parks. E+W

(1) [F375 A National Park authority] may, if satisfied that it is expedient to do so, by order apply subsection (2) to any land which is comprised in [F376 the relevant Park] and which appears to them to consist of or include moor or heath.

(2) Subject to subsection (3), no person shall—

(a) by ploughing or otherwise convert into agricultural land any land to which this subsection applies and which is moor or heath which has not been agricultural land at any time within the preceding 20 years; or

(b) carry out on any such land any other agricultural operation or any forestry operation which (in either case) appears to [F377 the National Park authority] to be likely to affect its character or appearance and is specified in the order applying this subsection to that land.

(3) Subsection (2) shall not apply in relation to any operation carried out, or caused or permitted to be carried out, by the owner or occupier of the land if—

(a) one of them has, after the coming into force of the order, given the [F378 National Park authority] written notice of a proposal to carry out the operation, specifying its nature and the land on which it is proposed to carry it out; and

(b) one of the conditions specified in subsection (4) is satisfied.

(4) The said conditions are—

(a) that the [F378 National Park authority] have given their consent to the carrying out of the operation;

(b) where that authority have neither given nor refused their consent, that three months have expired from the giving of the notice; and

(c) where that authority have refused their consent, that twelve months have expired from the giving of the notice.

(5) A person who, without reasonable excuse, contravenes subsection (2) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(6) Where the [F378 National Park authority] are given notice under this section in respect of any land, the authority shall forthwith send copies of the notice to [F379 Natural England] .

(7) In considering for the purposes of this section whether land has been agricultural land within the preceding 20 years, no account shall be taken of any conversion of the land into agricultural land which was unlawful under the provisions of this section or section 14 of the 1968 Act.

[F380 (8) An order under this section shall be made by statutory instrument and the Statutory Instruments Act 1946 shall apply to such an instrument as if the order had been made by a Minister of the Crown.]

(9) The said section 14 (which is superseded by this section) shall cease to have effect; but this section shall have effect as if any order under that section in force immediately before the coming into force of this section had been made under this section.

Textual Amendments

F375 Words in s. 42(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(2)(a), 107; S.I. 2006/2541, art. 2

F376 Words in s. 42(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(2)(b), 107; S.I. 2006/2541, art. 2

F377 Words in s. 42(2)(b) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(3), 107; S.I. 2006/2541, art. 2

F378 Words in s. 42 substituted (1.4.1996) by 1995 c. 25, s. 78, Sch. 10 para. 22(3) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1995/2950, art. 3(1)(2)

F379 Words in s. 42(6) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(4), 107; S.I. 2006/2541, art. 2

F380 S. 42(8) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(5), 107; S.I. 2006/2541, art. 2

Modifications etc. (not altering text)

C26 S. 42(2) applied by The Peak District National Park Authority Order 2002 (S.I. 2002/80), art. 2

C27 S. 42(2) applied by S.I. 1991/1616, art. 2

43 Maps of National Parks showing certain areas of moor or heath. E+W

(1) Every [F381 local planning authority] whose area comprises the whole or any part of a National Park shall—

(a) before the expiration of the period of two years beginning with [F382 the relevant date], prepare a map of the Park or the part thereof showing any areas [F383 to which this section applies whose natural beauty] it is, in the opinion of the authority, particularly important to conserve; and

(b) [F384 at intervals of not more than five years] review the particulars contained in the map and make such revisions thereof (if any) as may be requisite.

[F385 (1A) In considering under subsection (1) whether any area to which this section applies is one whose natural beauty it is particularly important to conserve, a [F386 local planning authority] shall act in accordance with the guidelines from time to time issued F387 . . . under subsection (1B).

(1B) [F388 Natural England shall] issue guidelines for the guidance of county planning authorities in considering as mentioned in subsection (1A), and [F389 Natural England may] from time to time revise any guidelines so issued.

(1C) Before issuing or revising any guidelines under subsection (1B) [F390 Natural England] shall consult such bodies as appear to them to represent interests concerned; and before preparing or revising any map under subsection (1) a [F386 local planning authority] shall consult such bodies as appear to the authority to represent interests concerned with matters affecting the Park or part of the Park in question.]

(2) The authority shall cause a map prepared or revised in pursuance of subsection (1) to be printed, and shall cause copies thereof to be put on sale to the public at such price as the authority may determine.

[F391 (3) This section applies to any area of mountain, moor, heath, woodland, down, cliff or foreshore (including any bank, barrier, dune, beach, flat or other land adjacent to the foreshore); and in this section “the relevant date” means the date of issue of the first guidelines under subsection (1B).]

Textual Amendments

F381 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(4)

F382 Words substituted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(2)(a)

F383 Words substituted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(2)(b)

F384 Words substituted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(3)

F385 S. 43(1A)–(1C) inserted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(4)

F386 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(4)

F387 Words in s. 43(1A) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VI; S.I. 1991/685, art. 3

F388 Words in s. 43(1B) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 90(2)(a); S.I. 2006/2541, art. 2

F389 Words in s. 43(1B) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 90(2)(b); S.I. 2006/2541, art. 2

F390 Words in s. 43(1C) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 90(3); S.I. 2006/2541, art. 2

F391 S. 43(3) added by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(5)

Modifications etc. (not altering text)

C28 S. 43 modified (19.9.1995) by 1995 c. 25, ss. 69(3), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)

44 Grants and loans for purposes of National Parks. E+W

F392 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F393 (1A) F394 . . .the National Park authority for such a Park may give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the authority, is conducive to the attainment in the Park in question of any of the purposes mentioned in section 5(1) of the 1949 Act (purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).]

(2) On making a grant or loan under this section [F395 the authority in question] may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.

(3) [F395 The authority in question] shall so exercise their powers under subsection (2) as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted, whether on payment or otherwise, shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, insofar as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled.

[F396 (4) For the purposes of this section the Broads Authority shall be treated as a [F397 National Park authority and the Broads as a National Park for which it is the local planning authority.]]

Textual Amendments

F392 S. 44(1) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.

F393 S. 44(1A) inserted (19.9.1995) by 1995 c. 25, ss. 69(4), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)

F394 Words in s. 44(1A) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.

F395 Words in s. 44(2)(3) substituted (1.4.1996) by 1995 c. 25, s. 78, Sch. 10 para. 22(4)(a)(b) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1995/2950, art. 3(1)

F396 S. 44(4) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 Pt. I para. 31(4)

F397 Words in s. 44(4) substituted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(4)(c) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 3

45 Power to vary order designating National Park. E+W

[F398 (1) [F399 Natural England](as well as the Secretary of State) shall have power to make an order amending an order made under section 5 of the 1949 Act designating a National Park F400 . . . , and—

(a) section 7(5) and (6) of that Act (consultation and publicity in connection with orders under section 5 or 7) shall apply to an order under this section as they apply to an order under section 7(4) of that Act with the substitution for the reference in section 7(5) to the Secretary of State of a reference to [F399 Natural England] ; and

(b) Schedule 1 to that Act (procedure in connection with the making and confirmation of orders under section 5 or 7) shall apply to an order under this section as it applies to an order designating a National Park.]

(2) F401 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F398 S. 45(1) renumbered from s. 45 ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 6(4); S.I. 1991/685, art.3.

F399 Words in s. 45(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 91(2)(a); S.I. 2006/2541, art. 2

F400 Words in s. 45(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 91(2)(b), Sch. 12; S.I. 2006/2541, art. 2

F401 S. 45(2) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 91(3), Sch. 12; S.I. 2006/2541, art. 2

F402 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F402 S. 46 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.

Miscellaneous and supplemental E+W+S

F404 47 [F403 Grants to the Countryside Council for Wales] E+W

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

Textual Amendments

F403 S. 47 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 92(4); S.I. 2006/2541, art. 2

F404 S. 47 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 177 (with Sch. 7)

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F405 E+W

Textual Amendments

F405 S. 48 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

49 Extension of power to appoint wardens. E+W

(1) This section applies to any land in a National Park or in the countryside if—

(a) the public are allowed access to the land; and

(b) there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority, [F406 the Natural Resources Body for Wales] or [F407 Natural England] to appoint wardens as respects that land.

(2) Subject to subsections (3) and (4) the power conferred on a local authority by section 92(1) of the 1949 Act (appointment of wardens) shall include a power, exercisable only with the agreement of the owner and of the occupier of any land to which this section applies, to appoint persons to act as wardens as respects that land.

(3) The only purpose for which wardens may be appointed by virtue of subsection (2) is to advise and assist the public.

(4) Notwithstanding the provisions of section 41(8) of the 1968 Act ([F407 Natural England] [F408 or [F406 the Natural Resources Body for Wales]] to be local authority for purposes of section 92 of the 1949 Act), nothing in this section shall be construed as conferring on [F407 Natural England] [F408 or [F406 the Natural Resources Body for Wales]] any additional power to appoint wardens.

Textual Amendments

F406 Words in s. 49 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 178 (with Sch. 7)

F407 Words in s. 49(1)(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 93; S.I. 2006/2541, art. 2

F408 Words inserted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 6(6); S.I. 1991/685, art.3.

50 Payments under certain agreements offered by authorities. E+W

(1) This section applies where—

(a) [F409 Natural England or [F410 the Natural Resources Body for Wales] offer to enter into a nature reserve agreement or an SSSI agreement] F411 ... providing for the making by them of payments [F412 to any person; or]

(b) the relevant authority offer to enter into a management agreement providing for the making by them of payments to a person whose application for a farm capital grant has been refused in consequence of an objection by the authority.

(2) Subject to subsection (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given by the Ministers.

(3) If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator F413 . . . to be appointed, in default of agreement, by the Secretary of State; and where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall—

(a) amend the offer so as to give effect to the arbitrator’s F413 . . . determination; or

(b) except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror, withdraw the offer.

(4) In this section—

• [F414 “farm capital grant” has the same meaning as in section 32;]

• “management agreement” and “the relevant authority” have the same meanings as in section 41.

• [F415 “nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;

• “SSSI agreement” has the same meaning as in section 15A of the 1968 Act.]

Extent Information

E27 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F409 Words in s. 50(1)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 94(2); S.I. 2006/2541, art. 2

F410 Words in s. 50(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 179 (with Sch. 7)

F411 Words in s. 50(1)(a) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(8)

F412 Words in s. 50(1)(a) substituted for words and s. 50(1)(a)(i)(ii) (E.W.) (30.1.2001) by 2000 c. 37, ss. 79, 103(2)

F413 Words in s. 50(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 94(3), Sch. 12; S.I. 2006/2541, art. 2

F414 Definition substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(6)

F415 S. 50(4): definitions inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 94(4); S.I. 2006/2541, art. 2

Modifications etc. (not altering text)

C29 S. 50 modified (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)

50 Payments under certain agreements offered by authorities. S

F878 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E58 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F878 S. 50 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2

51 Powers of entry. E+W

(1) Any person authorised in writing by the relevant authority may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes—

[F416 (a) to determine whether the land should be notified under section 28(1);

(b) to assess the condition of the flora, fauna, or geological or physiographical features by reason of which land which has been notified under section 28(1) is of special interest;

(c) to determine whether or not to offer to enter into [F417 a nature reserve agreement or an SSSI agreement] F418 ... in relation to the land;

(d) to ascertain whether a condition to which a consent referred to in section 28E(3)(a) was subject has been complied with in relation to the land;

(e) to ascertain whether an offence under section 28P or under byelaws made by virtue of section 28R is being, or has been, committed on or in relation to the land;

(f) to formulate a management scheme for the land or determine whether a management scheme (or a proposed management scheme) for the land should be modified;

(g) to prepare a management notice for the land;

(h) to ascertain whether the terms of [F417 a nature reserve agreement or an SSSI agreement] F419 ... in relation to the land, or the terms of a management scheme or the requirements of a management notice in relation to the land, have been complied with;

(i) to determine whether or not to offer to make a payment under section 28M in relation to the land;

(j) to determine any question in relation to the acquisition of the land by agreement or compulsorily;

(k) to determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act;

[F420 (ka) for the purposes of putting up, maintaining or removing notices or signs under section 28S;]

(l) to ascertain whether an order should be made in relation to the land under section 34 or if an offence under that section is being, or has been, committed on the land;

(m) to ascertain whether an order should be made in relation to the land under section 42 or if an offence under that section is being, or has been, committed on the land;]

but nothing in this subsection shall authorise any person to enter a dwelling.

[F421 (1A) The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1).

(1B) More than one person may be authorised for the time being under subsection (1) to enter any land.]

(2) In subsection (1) “the relevant authority” means—

(a) for the purposes of [F422 paragraphs (a) to (ka)] of that subsection, [F423 Natural England or [F424 the Natural Resources Body for Wales]];

(b) for the purposes of [F425 paragraph (l)] of that subsection, the Secretary of State or the relevant authority within the meaning of section 34;

(c) for the purposes of [F425 paragraph (m)] of that subsection, F426 . . . the [F427 National Park authority].

[F428 (2A) In subsection (1)—

• “nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;

• “SSSI agreement” has the same meaning as in section 15A of the 1968 Act.]

(3) A person shall not demand admission as of right to any land which is occupied unless either—

(a) 24 hours notice of the intended entry has been given to the occupier; or

[F429 (b) the purpose of the entry is to ascertain if an offence under section 28P, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land.]

[F430 (3A) A person acting in the exercise of a power conferred by subsection (1) may—

(a) use a vehicle or a boat to enter the land;

(b) take a constable with him if he reasonably believes he is likely to be obstructed;

(c) take with him equipment and materials needed for the purpose for which he is exercising the power of entry;

(d) take samples of the land and of anything on it.

(3B) If in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.]

(4) Any person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) shall be liable on summary conviction to a fine not exceeding [F431 level 3 on the standard scale].

[F432 (5) It is the duty of a relevant authority to compensate any person who has sustained damage as a result of—

(a) the exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, or

(b) the failure of a person so authorised to perform the duty imposed on him by subsection (3B),

except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person’s entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State.]

Extent Information

E28 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F416 S. 51(1)(a)-(m) substituted for s. 51(1)(a)-(d) (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(2), 103(2)

F417 Words in s. 51(1)(c)(h) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(2); S.I. 2006/2541, art. 2

F418 Words in s. 51(1)(c) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(9)(a)

F419 Words in s. 51(1)(h) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(9)(b)

F420 S. 51(1)(ka) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(2), 107; S.I. 2006/2541, art. 2

F421 S. 51(1A)(1B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(3), 103(2)

F422 Words in s. 51(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(3), 107; S.I. 2006/2541, art. 2

F423 Words in s. 51(2)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(3); S.I. 2006/2541, art. 2

F424 Words in s. 51(2)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 179 (with Sch. 7)

F425 Words in s. 51(2)(a)(b)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(4)(a)(b)(c)

F426 Words in s. 51(2)(c) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(6), 105(2), 107, Sch. 12; S.I. 2006/2541, art. 2

F427 Words in s. 51(2)(c) substituted (1.4.1996) by virtue of 1995 c. 25, s. 78, Sch. 10 para. 22(5) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1995/2950, art. 3(1)(2)

F428 S. 51(2A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(4); S.I. 2006/2541, art. 2

F429 S. 51(3)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(5), 103(2)

F430 S. 51(3A)(3B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(6), 103(2)

F431 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F432 S. 51(5) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(7), 103(2)

Modifications etc. (not altering text)

C30 S. 51 amended (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 11 para. 21

51 Powers of entry. S

F879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E59 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F879 S. 51 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); S.S.I. 2004/495, art. 2

[F433 51A Summary prosecutions E+W

(1) Proceedings in England and Wales for a summary offence under this Part may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(2) But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(3) For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.]

Textual Amendments

F433 S. 51A inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 4; S.I. 2006/1382, art. 2

52 Interpretation of Part II. E+W+S

(1) In this Part, unless the context otherwise requires,—

• “agricultural land” does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land;

• [F434 “estuarial waters” has the meaning given by section 28(9A);]

• “the Ministers”, in the application of this Part to England, means the Secretary of State and the Minister of Agriculture, Fisheries and Food, and, in the application of this Part to Scotland or Wales, means the Secretary of State.

• F435 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F436 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F437 “notice” and “notification” mean notice or notification in writing;

• “site of special scientific interest” means an area of land which has been notified under section 28(1)(b);]

(2) [F438 In the application of this Part to England (except as respects [F439 a National Park for which a National Park authority is the local planning authority,] a metropolitan county or Greater London) F440 . . . references to a local planning authority shall be construed—

F441 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F442 . . . as references to a county planning authority and a district planning authority;]

and in the application of this Part to Scotland references to a local planning authority shall be construed as references to a regional planning authority, a general planning authority and a district planning authority [F443 and, in sections 28 to 28D, shall also be construed in accordance with section 28(10);].

[F444 (2A) Where a notification under section 28(1)(b) has been—

(a) modified under section 28(5)(b),

(b) varied under section 28A(3), or

(c) varied with modifications under section 28A(5)(b),

(d) extended under section 28B(2), or

(e) extended with modifications by virtue of section 28B(7),

a reference to such a notification (however expressed) is (unless the context otherwise requires) a reference to the notification as thus altered.

(2B) References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28C(9).

(2C) For the purposes of this Part, in relation to land in England and Wales which is [F445 common land] [F445 subject to rights of common (within the meaning of the Commons Act 2006)], “occupier” includes [F445 the commoners or any of them; and

(a) “common land” means common land as defined in section 22 of the M29 Commons Registration Act 1965; and

(b) “commoner” means a person with rights of common as defined in that section.]

[F445 the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land]]

(3) References in this Part to the conservation of the natural beauty of any land shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features.

(4) Section 114 of the 1949 Act shall apply for the construction of this Part.

(5) F446 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F434 S. 52(1): definition of "estuarial waters" inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 4; S.I. 2014/3088, art. 2(b)

F435 S. 52(1): definition of “the Nature Conservancy Councils” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 96, Sch. 12; S.I. 2006/2541, art. 2

F436 Words in s. 52(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 96, Sch. 12; S.I. 2006/2541, art. 2

F437 S. 52(1): definitions of "notice", "notification" and "site of special scientific interest" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(2)

F438 Words and s. 52(2)(a)(b) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(5)

F439 Words in s. 52(2) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(6) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 3

F440 Words in s. 52(2) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(6), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F441 S. 52(2)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2

F442 Words in s. 52(2)(b) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2

F443 Words in s. 52(2) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(3)

F444 S. 52(2A)-(2C) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(4)

F445 Words in s. 52(2C) substituted (E.W.) (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 3 (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(g) (with art. 5)

F446 S. 52(5) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)

Modifications etc. (not altering text)

C31 S. 52(2) excluded (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(b), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)

Marginal Citations

M29 1965 c. 64.

Part III E+W Public Rights of Way

Ascertainment of public rights of way E+W

53 Duty to keep definitive map and statement under continuous review. E+W

(1) In this Part “definitive map and statement”, in relation to any area, means, subject to section 57(3) [F447 and 57A(1)],—

(a) the latest revised map and statement prepared in definitive form for that area under section 33 of the 1949 Act; or

(b) where no such map and statement have been so prepared, the original definitive map and statement prepared for that area under section 32 of that Act; or

(c) where no such map and statement have been so prepared, the map and statement prepared for that area under section 55(3).

(2) As regards every definitive map and statement, the surveying authority shall—

(a) as soon as reasonably practicable after the commencement date, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence, before that date, of any of the events specified in subsection (3); and

(b) as from that date, keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence, on or after that date, of any of those events, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of that event.

(3) The events referred to in subsection (2) are as follows—

(a) the coming into operation of any enactment or instrument, or any other event, whereby—

(i) a highway shown or required to be shown in the map and statement has been authorised to be stopped up, diverted, widened or extended;

(ii) a highway shown or required to be shown in the map and statement as a highway of a particular description has ceased to be a highway of that description; or

(iii) a new right of way has been created over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path [F448 or a restricted byway];

(b) the expiration, in relation to any way in the area to which the map relates, of any period such that the enjoyment by the public of the way during that period raises a presumption that the way has been dedicated as a public path [F449 or restricted byway] ;

(c) the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows—

(i) that a right of way which is not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being [F450 a right of way such that the land over which the right subsists is a public path [F451 , a restricted byway] or, subject to section 54A, a byway open to all traffic];

(ii) that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description; or

(iii) that there is no public right of way over land shown in the map and statement as a highway of any description, or any other particulars contained in the map and statement require modification.

(4) The modifications which may be made by an order under subsection (2) shall include the addition to the statement of particulars as to—

(a) the position and width of any public path [F452 , restricted byway] or byway open to all traffic which is or is to be shown on the map; and

(b) any limitations or conditions affecting the public right of way thereover.

[F453 (4A) Subsection (4B) applies to evidence which, when considered with all other relevant evidence available to the surveying authority, shows as respects a way shown in a definitive map and statement as a restricted byway that the public have, and had immediately before the commencement of section 47 of the Countryside and Rights of Way Act 2000, a right of way for vehicular and all other kinds of traffic over that way.

(4B) For the purposes of subsection (3)(c)(ii), such evidence is evidence which, when so considered, shows that the way concerned ought, subject to section 54A, to be shown in the definitive map and statement as a byway open to all traffic.]

(5) Any person may apply to the authority for an order under subsection (2) which makes such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (b) or (c) of subsection (3); and the provisions of Schedule 14 shall have effect as to the making and determination of applications under this subsection.

[F454 (5A) Evidence to which subsection (4B) applies on the commencement of section 47 of the Countryside and Rights of Way Act 2000 shall for the purposes of subsection (5) and any application made under it be treated as not having been discovered by the surveying authority before the commencement of that section.]

(6) Orders under subsection (2) which make only such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (a) of subsection (3) shall take effect on their being made; and the provisions of Schedule 15 shall have effect as to the making, validity and date of coming into operation of other orders under subsection (2).

Textual Amendments

F447 Words in s. 53(1) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(2); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F448 Words in s. 53(3)(a)(iii) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F449 Words in s. 53(3)(b) inserted (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(1)(a), 107; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2

F450 Words in s. 53(3)(c)(i) substituted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(4); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F451 Words in s. 53(3)(c)(i) inserted (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(1)(a), 107; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2

F452 Words in s. 53(4)(a) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(5); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F453 S. 53(4A)(4B) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(6); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F454 S. 53(5A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(7); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

Modifications etc. (not altering text)

C32 S. 53: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

S. 53 excluded (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 49(5), 103(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

[F455 53A Power to include modifications in other orders. E+W

(1) This section applies to any order—

(a) which is of a description prescribed by regulations made by the Secretary of State,

(b) whose coming into operation would, as regards any definitive map and statement, be an event within section 53(3)(a),

(c) which is made by the surveying authority, and

(d) which does not affect land outside the authority’s area.

(2) The authority may include in the order such provision as it would be required to make under section 53(2)(b) in consequence of the coming into operation of the other provisions of the order.

(3) An authority which has included any provision in an order by virtue of subsection (2)—

(a) may at any time before the order comes into operation, and

(b) shall, if the order becomes subject to special parliamentary procedure,

withdraw the order and substitute for it an order otherwise identical but omitting any provision so included.

(4) Anything done for the purposes of any enactment in relation to an order withdrawn under subsection (3) shall be treated for those purposes as done in relation to the substituted order.

(5) No requirement for the confirmation of an order applies to provisions included in the order by virtue of subsection (2), but any power to modify an order includes power to make consequential modifications to any provision so included.

(6) Provisions included in an order by virtue of subsection (2) shall take effect on the date specified under section 56(3A) as the relevant date.

(7) Where any enactment provides for questioning the validity of an order on any grounds, the validity of any provision included by virtue of subsection (2) may be questioned in the same way on the grounds—

(a) that it is not within the powers of this Part, or

(b) that any requirement of this Part or of regulations made under it has not been complied with.

(8) Subject to subsections (5) to (7), the Secretary of State may by regulations provide that any procedural requirement as to the making or coming into operation of an order to which this section applies shall not apply, or shall apply with modifications prescribed by the regulations, to so much of the order as contains provision included by virtue of subsection (2).

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

Textual Amendments

F455 S. 53A inserted (21.11.2005 for W. and 18.2.2008 for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 2; S.I. 2005/1314, art. 4; S.I. 2008/308, art. 2

[F456 53B Register of applications under section 53. E+W

(1) Every surveying authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 53(5).

(2) The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with.

(3) Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications under section 53(5) as may be prescribed.

(4) Regulations may make provision—

(a) for a specified part of the register to contain copies of applications and of the maps submitted with them, and

(b) for the entry relating to any application, and everything relating to it, to be removed from any part of the register when—

(i) the application (including any appeal to the Secretary of State) has been finally disposed of, and

(ii) if an order is made, a decision has been made to confirm or not to confirm the order,

(without prejudice to the inclusion of any different entry relating to it in another part of the register).

(5) Every register kept under this section shall be available for inspection free of charge at all reasonable hours.

(6) In this section—

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State by statutory instrument;

and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F456 S. 53B inserted (27.9.2005 for E. and 21.11.2005 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 2; S.I. 2005/2459, art. 2(1); S.I. 2005/1314, art. 4

54 Duty to reclassify roads used as public paths. E+W

F457 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F457 S. 54 repealed (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 47(1), 102, 103(3), Sch. 16 Pt. II; S.I. 2006/1172, art. 2 (with art. 3); S.I. 2006/1279, art. 2

Prospective

[F458 54A BOATs not to be added to definitive maps. E+W

(1) No order under this Part shall, after the cut-off date, modify a definitive map and statement so as to show as a byway open to all traffic any way not shown in the map and statement as a highway of any description.

(2) In this section “the cut-off date” means, subject to regulations under subsection (3), 1st January 2026.

(3) The Secretary of State may make regulations—

(a) substituting as the cut-off date a date later than the date specified in subsection (2) or for the time being substituted under this paragraph;

(b) containing such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the operation of subsection (1), including in particular its operation in relation to—

(i) an order under section 53(2) for which on the cut-off date an application is pending,

(ii) an order under this Part which on that date has been made but not confirmed,

(iii) an order under section 55 made after that date, or

(iv) an order under this Part relating to any way as respects which such an order, or any provision of such an order, has after that date been to any extent quashed.

(4) Regulations under subsection (3)(a)—

(a) may specify different dates for different areas; but

(b) may not specify a date later than 1st January 2031, except as respects an area within subsection (5).

(5) An area is within this subsection if it is in—

(a) the Isles of Scilly, or

(b) an area which, at any time before the repeal by section 73 of this Act of sections 27 to 34 of the 1949 Act—

(i) was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or

(ii) would have been so excluded but for a resolution having effect under section 35(2) of that Act.

(6) Where by virtue of regulations under subsection (3) there are different cut-off dates for areas into which different parts of any way extend, the cut-off date in relation to that way is the later or latest of those dates.

(7) Where it appears to the Secretary of State that any provision of this Part can by virtue of subsection (1) have no further application he may by order make such amendments or repeals in this Part as appear to him to be, in consequence, necessary or expedient.

(8) An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F458 S. 54A inserted (prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 4

55 No further surveys or reviews under the 1949 Act. E+W

(1) No survey under sections 27 to 32 of the 1949 Act, or review under section 33 of that Act, shall be begun after the commencement date; and where on that date a surveying authority have not completed such a survey or review begun earlier, the Secretary of State may, after consultation with the authority, direct the authority—

(a) to complete the survey or review; or

(b) to abandon the survey or review to such extent as may be specified in the direction.

(2) Where such a survey or review so begun is abandoned, the Secretary of State shall give such notice of the abandonment as appears to him requisite.

(3) Where, in relation to any area, no such survey has been so begun or such a survey so begun is abandoned, the surveying authority shall prepare for that area a map and statement such that, when they have been modified in accordance with the provisions of this Part, they will serve as the definitive map and statement for that area.

(4) Where such a survey so begun is abandoned after a draft map and statement have been prepared and the period for making representations or objections has expired, the authority shall by order modify the map and statement prepared under subsection (3) so as—

(a) to give effect to any determination or decision of the authority under section 29(3) or (4) of the 1949 Act in respect of which either there is no right of appeal or no notice of appeal has been duly served;

(b) to give effect to any decision of the Secretary of State under section 29(6) of that Act; and

(c) to show any particulars shown in the draft map and statement with respect to which no representation or objection has been duly made, or in relation to which all such representations or objections had been withdrawn.

(5) Where such a review so begun is abandoned after a draft map and statement have been prepared and the period for making representations or objections has expired, the authority shall by order modify the map and statement under review so as—

(a) to give effect to any decision of the Secretary of State under paragraph 4(4) of Part II of Schedule 3 to the 1968 Act; and

(b) to show any particulars shown in the draft map and statement but not in the map and statement under review, and to omit any particulars shown in the map and statement under review but not in the draft map and statement, being (in either case) particulars with respect to which no representation or objection has been duly made, or in relation to which all such representations or objections have been withdrawn.

(6) Orders under subsection (4) or (5) shall take effect on their being made.

[F459 (7) Every way which—

(a) in pursuance of an order under subsection (5) is shown in a definitive map and statement as a byway open to all traffic, a bridleway or a footpath, and

(b) before the making of the order, was shown in the map and statement under review as a road used as a public path,

shall be a highway maintainable at the public expense.

(8) Subsection (7) does not oblige a highway authority to provide, on a way shown in a definitive map and statement as a byway open to all traffic, a metalled carriage-way or a carriage-way which is by any other means provided with a surface suitable for the passage of vehicles.]

Textual Amendments

F459 S. 55(7)(8) inserted (27.9.2005 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 5; S.I. 2005/2459, art. 2(1); S.I. 2006/1279, art. 2

56 Effect of definitive map and statement. E+W

(1) A definitive map and statement shall be conclusive evidence as to the particulars contained therein to the following extent, namely—

(a) where the map shows a footpath, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover a right of way on foot, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than that right;

(b) where the map shows a bridleway, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way on foot and a right of way on horseback or leading a horse, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than those rights;

(c) where the map shows a byway open to all traffic, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way for vehicular and all other kinds of traffic;

(d) where the map shows a [F460 restricted byway], the map shall [F461 , subject to subsection (2A),] be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way on foot and a right of way on horseback or leading a horse [F462 together with a right of way for vehicles other than mechanically propelled vehicles], so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than those rights; and

(e) where by virtue of the foregoing paragraphs the map is conclusive evidence, as at any date, as to a highway shown thereon, any particulars contained in the statement as to the position or width thereof shall be conclusive evidence as to the position or width thereof at that date, and any particulars so contained as to limitations or conditions affecting the public right of way shall be conclusive evidence that at the said date the said right was subject to those limitations or conditions, but without prejudice to any question whether the right was subject to any other limitations or conditions at that date.

[F463 (1A) In subsection (1)(d) “mechanically propelled vehicle” does not include an electrically assisted pedal cycle of a class prescribed for the purposes of section 189(1)(c) of the M30 Road Traffic Act 1988.]

(2) For the purposes of this section “the relevant date”—

(a) in relation to any way which is shown on the map otherwise than in pursuance of an order under the foregoing provisions of this Part [F464 or an order to which section 53A applies which includes provision made by virtue of subsection (2) of that section], means [F465 , subject to subsection (2A),] the date specified in the statement as the relevant date for the purposes of the map;

(b) in relation to any way which is shown on the map in pursuance of such an order, means the date which, in accordance with subsection (3) [F466 or (3A)], is specified in the order as the relevant date for the purposes of the order.

[F467 (2A) In the case of a map prepared before the date of the coming into force of section 47 of the Countryside and Rights of Way Act 2000—

(a) subsection (1)(d) and (e) have effect subject to the operation of any enactment or instrument, and to any other event, whereby a way shown on the map as a restricted byway has, on or before that date—

(i) been authorised to be stopped up, diverted or widened, or

(ii) become a public path, and

(b) subsection (2)(a) has effect in relation to any way so shown with the substitution of that date for the date mentioned there.]

(3) Every order under the foregoing provisions of this Part shall specify, as the relevant date for the purposes of the order, such date, not being earlier than six months before the making of the order, as the authority may determine.

[F468 (3A) Every order to which section 53A applies which includes provision made by virtue of subsection (2) of that section shall specify, as the relevant date for the purposes of the order, such date as the authority may in accordance with regulations made by the Secretary of State determine.]

(4) A document purporting to be certified on behalf of the surveying authority to be a copy of or of any part of a definitive map or statement as modified in accordance with the provisions of this Part shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.

[F469 (4A) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(5) F470 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F460 Words in s. 56(1)(d) substituted (2. 5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(2)(a); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F461 Words in s. 56(1)(d) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(2)(b); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F462 Words in s. 56(1)(d) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(2)(c); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F463 S. 56(1A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F464 Words in s. 56(2)(a) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(4)(a)(i); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F465 Words in s. 56(2)(a) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(4)(a)(ii); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F466 Words in s. 56(2)(b) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(4)(b); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F467 S. 56(2A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(5); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F468 S. 56(3A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(6); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F469 S. 56(4A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(7); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F470 S. 56(5) repealed (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 102, 103(3), Sch. 5 Pt. I para. 6(8), Sch. 16 Pt. II; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

Marginal Citations

M30 1988 c. 52.

57 Supplementary provisions as to definitive maps and statements. E+W

(1) An order under the foregoing provisions of this Part shall be in such form as may be prescribed by regulations made by the Secretary of State, and shall contain a map, [F471 on such scale as may be so prescribed,] showing the modifications to which the order relates.

(2) Regulations made by the Secretary of State may prescribe the scale on which maps are to be prepared under [F472 subsection (1) or any other provision of this Part], and the method of showing in definitive maps and statements anything which is required to be so shown.

(3) Where, in the case of a definitive map and statement for any area which have been modified in accordance with the foregoing provisions of this Part, it appears to the surveying authority expedient to do so, they may prepare a copy of that map and statement as so modified; and where they do so, the map and statement so prepared, and not the map and statement so modified, shall be regarded for the purposes of the foregoing provisions of this Part [F473 , and for the purposes of section 57A(1),] as the definitive map and statement for that area.

[F474 (3A) Where as respects any definitive map and statement the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, the map and statement are to be regarded for the purposes of subsection (3) as having been modified in accordance with the foregoing provisions of this Part whether or not, as respects the map and statement, the requirements of section 54 have been complied with.]

(4) The statement prepared under subsection (3) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine.

(5) As regards every definitive map and statement, the surveying authority shall keep—

(a) a copy of the map and statement; and

(b) copies of all orders under this Part modifying the map and statement,

available for inspection free of charge at all reasonable hours at one or more places in each district comprised in the area to which the map and statement relate and, so far as appears practicable to the surveying authority, a place in each parish so comprised; and the authority shall be deemed to comply with the requirement to keep such copies available for inspection in a district or parish if they keep available for inspection there a copy of so much of the map and statement and copies of so many of the orders as relate to the district or parish.

[F475 (5A) Subsection (5) shall apply in relation to land in Wales as if “in each district comprised” were omitted.]

(6) Notwithstanding anything in subsection (5), an authority shall not be required to keep available for inspection more than one copy of—

(a) any definitive map and statement; or

(b) each order under this Part modifying the map and statement,

if, as respects the area to which that map and statement relate, a subsequent map and statement have been prepared under subsection (3); and the said single copies may be kept in such place in the area of the authority as they may determine.

[F476 (6A) In subsection (1), the reference to an order under the foregoing provisions of this Part includes a reference to so much of an order to which section 53A applies as contains provision made by virtue of subsection (2) of that section; and subsections (5) and (6) apply to—

(a) orders to which section 53A applies modifying the map and statement, and

(b) such documents relating to them as may be prescribed by regulations made by the Secretary of State,

as those subsections apply to orders under this Part modifying the map and statement.

(6B) Regulations under paragraph (b) of subsection (6A) may require any document to be prepared by a surveying authority for the purposes of that paragraph, and any such document shall be in such form as may be prescribed by the regulations.

(6C) Regulations made by the Secretary of State may require any surveying authority—

(a) to keep such other documents as may be prescribed by the regulations available for inspection at such times and places and in such manner as may be so prescribed, or

(b) to provide to any other surveying authority any document so prescribed which that authority is, by regulations under paragraph (a), required to keep available for inspection.]

(7) Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the provisions of this Part including, in particular, section 53(5) and subsection (5).

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

Textual Amendments

F471 Words in s. 57(1) repealed (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 102, 103(3), Sch. 5 Pt. I para. 7(2), Sch. 16 Pt. II; S.I. 2006/1172, art. 2

F472 Words in s. 57(2) substituted (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(3); S.I. 2006/1172, art. 2

F473 Words in s. 57(3) inserted (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(4); S.I. 2006/1172, art. 2

F474 S. 57(3A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(5); S.I. 2006/1172, art. 2

F475 S. 57(5A) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(7) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F476 S. 57(6A)(6B)(6C) inserted (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(6); S.I. 2006/1172, art. 2

[F477 57A Consolidation of definitive maps and statements. E+W

(1) Where—

(a) different definitive maps and statements relate to different parts of a surveying authority’s area,

(b) as respects so much of each definitive map and statement as relates to that area the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, and

(c) there is no part of that area to which no definitive map and statement relate,

the authority may, if it appears to them expedient to do so, prepare a map and statement comprising copies of so much of each definitive map and statement as relates to the authority’s area; and where they do so the map and statement so prepared and not, so far as copied, the earlier maps and statements shall be regarded for the purposes of sections 53 to 56 and 57(2) and (3) as the definitive map and statement for the area to which they relate.

(2) The power conferred by subsection (1) is not exercisable by a surveying authority if the definitive map and statement relating to any part of the authority’s area is a map and statement in respect of which a review under section 33 of the 1949 Act was begun before the commencement date but has been neither abandoned in pursuance of a direction under section 55(1) nor completed.

(3) References in subsection (1) to a definitive map and statement are, in the case of a map and statement modified in accordance with any of the foregoing provisions of this Part, references to the map and statement as modified.

(4) The statement prepared under subsection (1) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine.

(5) Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the preparation by them of any map and statement under subsection (1).]

Textual Amendments

F477 S. 57A inserted (13.2.2004 for E. and 31.5.2005 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 8; S.I. 2004/292, art. 2; S.I. 2005/1314, art. 2

58 Application of ss. 53 to 57 to inner London. E+W

(1) Subject to subsection (2), the foregoing provisions of this Part shall not apply to any area to which this subsection applies; and this subsection applies to any area which, immediately before 1st April 1965, formed part of the administrative county of London.

(2) A London borough council may by resolution adopt the said foregoing provisions as respects any part of their area specified in the resolution, being a part to which subsection (1) applies, and those provisions shall thereupon apply accordingly.

(3) Where by virtue of a resolution under subsection (2), the said foregoing provisions apply to any area, those provisions shall have effect in relation thereto as if for references to the commencement date there were substituted references to the date on which the resolution comes into operation.

Miscellaneous and supplemental E+W

59 Prohibition on keeping bulls on land crossed by public rights of way. E+W

(1) If, in a case not falling within subsection (2), the occupier of a field or enclosure crossed by a right of way to which this Part applies [F478 or a restricted byway] permits a bull to be at large in the field or enclosure, he shall be liable on summary conviction to a fine not exceeding [F479 level 3 on the standard scale].

(2) Subsection (1) shall not apply to any bull which—

(a) does not exceed the age of ten months; or

(b) is not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large.

(3) Nothing in any byelaws, whenever made, shall make unlawful any act which is, or but for subsection (2) would be, made unlawful by subsection (1).

(4) In this section “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.

(5) The Secretary of State may by order add any breed to, or remove any breed from, subsection (4); and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F478 Words in s. 59(1) inserted (3.7.2006 for E. and 12.7.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177, reg. 1(3)(5), Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

F479 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Modifications etc. (not altering text)

C33 S. 59 applied (3.7.2006 for E. and 12.7.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(3)(5), 2(1), Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

F480 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F480 S. 60 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

[F481 X5 61 Ploughing of public rights of way. E+W

(1) Section 134 of the M31 Highways Act 1980 (ploughing of footpath or bridleway) shall have effect subject to the amendments provided for by subsections (2) to (9).

(2) Subsection (3) (7 days’ notice of intention to plough) shall be omitted.

(3) In subsection (4) (duty to resore surface of footpath or bridleway), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) not later than 2 weeks from the time when the occupier began to plough the footpath or bridleway, or

(b) if prevented from doing so by exceptional weather conditions, as soon as practicable thereafter,”.

(4) In subsection (5) (failure to comply with subsection (3) or (4)) the words “(3) or” shall be omitted, for paragraphs (a) and (b) there shall be substituted the words “to a fine not exceeding £200” and for the words “subsection (4)”, in the second place where they occur, there shall be substituted the words “that subsection”.

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

“(5A) A person who ploughs any footpath, bridleway or other highway otherwise than in the exercise of a right to plough it shall be guilty of an offence and liable to a fine not exceeding £200.”

(6) In subsection (6) (enforcement of subsections (3) to (5)) for the words “subsections (3) to (5) above as respects any footpath or bridleway” there shall be substituted the words “subsections (4) to (5A) above as respects any footpath, bridleway or other highway”.

(7) In subsection (7) (proceedings by parish or community councils) after the words “subsection (4)” there shall be inserted the words “or (5A)”.

(8) In subsection (8) (power of competent authority to restore surface of footpath or bridleway) for the words “footpath or bridleway” there shall be substituted the words “footpath, bridleway or other highway”.

(9) In subsection (10) (competent authorities for the purposes of subsections (8) and (9)) for the words “footpath or bridleway”, in both places where they occur, there shall be substituted the words “footpath, bridleway or other highway”.

(10) In section 135(1) of the said Act of 1980 (temporary diversion of footpath or bridleway ploughed up under section 134) the words “6 or” and “6 weeks or” shall be omitted.]

Editorial Information

X5 The text of s. 61 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.

Textual Amendments

F481 S. 61 repealed (E.W.) by Rights of Way Act 1990 (c. 24, SIF 59), s. 6(4)

Marginal Citations

M31 1980 c. 66.

62 Appointment of wardens for public rights of way. E+W

A local authority may appoint such number of persons as appears to the authority to be necessary or expedient to act as wardens as respects a footpath, bridleway [F482 , restricted byway] or byway open to all traffic which is both in the countryside and in the area of the authority, and the purpose for which the wardens may be so appointed is to advise and assist the public in connection with the use of the path or way.

Textual Amendments

F482 Words in s. 62 inserted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

Modifications etc. (not altering text)

C34 S. 62: functions made exercisable concurrently (22.7.2004) by virtue of The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 25(1)(2)(xxx), Sch. (with art. 35)

S. 62: functions made exercisable concurrently (22.7.2004) by virtue of The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 25(1)(2)(xxx), Sch. (with art. 35)

C35 S. 62 applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(1), Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

63 Orders creating, extinguishing or diverting footpaths and bridleways. E+W

The enactments mentioned in Schedule 16 (which relate to the making and confirmation of certain orders creating, extinguishing or diverting footpaths and bridleways) shall have effect subject to the amendments provided for in that Schedule.

X6 64 Publication of dedication of footpaths and bridleways. E+W

At the end of section 25 of the M32 Highways Act 1980 (creation of footpath or bridleway by agreement) there shall be inserted the following subsection—

“(6) As soon as may be after the dedication of a footpath or bridleway in accordance with a public path creation agreement, the local authority who are party to the agreement shall give notice of the dedication by publication in at least one local newspaper circulating in the area in which the land to which the agreement relates is situated.”.

Editorial Information

X6 The text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) 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

M32 1980 c. 66.

X7 65 Signposting of byways open to all traffic. E+W

(1) In section 27 of the 1968 Act (signposting of footpaths and bridleways) for the words “or bridleway”, wherever they occur, there shall be substituted the words “bridleway or byway” ; and for the words “and bridleways” in subsection (6) of that section there shall be substituted the words “bridleways and byways”.

(2) After subsection (7) of that section there shall be inserted the following subsection—

“(8) In this section “byway” means a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used.”

Editorial Information

X7 The text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) 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.

66 Interpretation of Part III. E+W

(1) In this Part—

• “bridleway” means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway;

• “byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used;

• “definitive map and statement” has the meaning given by section 53(1);

• “footpath” means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road;

• “horse” includes a pony, ass and mule, and “horseback” shall be construed accordingly;

• “public path” means a highway being either a footpath or a bridleway;

• [F483 “restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;]

• “right of way to which this Part applies” means a right of way such that the land over which the right subsists is a public path or a byway open to all traffic;

• [F484 “surveying authority”, in relation to any area, means the county council, [F485 county borough council,] metropolitan district council, or London borough council whose area includes that area.]

(2) A highway at the side of a river, canal or other inland navigation shall not be excluded from any definition contained in subsection (1) by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover.

(3) The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part.

Textual Amendments

F483 S. 66(1): definition of “restricted byway” inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 9; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F484 Definition substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(6)

F485 Words in s. 66(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(8) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Part IV E+W+S Miscellaneous and General

[F486 66A Application of Part 1 to Crown E+W

(1) Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown.

(2) No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

(3) Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons.

(4) But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown.

(5) Nothing in this Part affects Her Majesty in her private capacity.

(6) Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.]

Textual Amendments

F486 S. 66A inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 54(1), 107; S.I. 2006/2541, art. 2

[F487 66B Application of Part 1 to Crown: Scotland S

(1) Subject to subsections (2) to (5), Part 1 (including regulations and orders made under it) bind the Crown.

(2) No contravention by the Crown of any provision made by or under Part 1 makes the Crown criminally liable but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Despite subsection (2), any provision made by or under Part 1 applies to persons in the public service of the Crown as it applies to other persons.

(4) A species control order may be made under section 14D in relation to Crown land only with the consent of the appropriate authority.

(5) The powers conferred by sections 14M and 19ZC are exercisable in relation to Crown land only with the consent of the appropriate authority.

(6) In this section, “Crown land” means an interest in land which—

(a) belongs to Her Majesty in right of the Crown;

(b) belongs to Her Majesty in right of Her private estates;

(c) belongs to an office-holder in the Scottish Administration or is held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration; or

(d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

(7) In this section, the “appropriate authority”—

(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;

(b) in the case of any other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration who or, as the case may be, government department which manages the land [F488 or the relevant person];

(c) in the case of land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers;

(d) in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration, means that office-holder;

(e) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that government department.

[F489 (7A) In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.]

(8) The references in subsections (6)(b) and (7)(c) to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).

(9) It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any land, and their decision is final.]

Textual Amendments

F487 S. 66B inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 41(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(i)

F488 Words in s. 66B(7)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 16(a)

F489 S. 66B(7A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 16(b)

67 [F490 Application of Parts 2 and 3 to Crown land] E+W+S

(1) Subject to the following provisions of this section, Part II, except section 51, and Part III shall apply to Crown land, that is to say, land an interest in which belongs to Her Majesty in the right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for Her Majesty for the purposes of a Government department.

[F491 (1A) An interest in Crown land, other than one held by or on behalf of the Crown, may be acquired under section 28N, but only with the consent of the appropriate authority.

(1B) Byelaws made by virtue of section 28R may apply to Crown land if the appropriate authority consents.]

(2) No order shall be made under section F492 . . . 34 [F493 . . .] or 42 in relation to Crown land unless the appropriate authority has consented to the making of that order.

(3) An agreement under section 39 as respects any interest in Crown land, other than an interest held by or on behalf of the Crown, shall not have effect unless approved by the appropriate authority.

(4) Section 101(11) of the 1949 Act (Crown land) shall apply for the construction of references in this section to the appropriate authority.

Textual Amendments

F490 S. 67 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 54(2), 107; S.I. 2006/2541, art. 2

F491 S. 67(1A)(1B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 6

F492 Word in s. 67(2) repealed (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III

F493 Word in s. 67(2) 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. 321, 324(2)(b)(i)(4), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(c); and same word repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(c) (with s. 162); S.S.I. 2010/230, art. 2(h)

Modifications etc. (not altering text)

C36 S. 67 amended (E.W.) (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 49(6), 103(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

68 Application to the Isles of Scilly. E+W+S

The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide for the application of the provisions of Part II or III to the Isles of Scilly as if those Isles were a separate county; any any such order may provide for the application of those provisions to those Isles subject to such modifications as may be specified in the order.

69 Offences by bodies corporate etc. E+W+S

(1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

[F494 69A Offences by Scottish partnerships etc. S

Where a Scottish partnership or other unincorporated association is guilty of an offence under Part 1 of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) in relation to a Scottish partnership, any partner or any person who was purporting to act in such capacity;

(b) in relation to an unincorporated association other than a Scottish partnership, any person who is concerned in the management or control of the association or any person who was purporting to act in any such capacity,

he (as well as the partnership or, as the case may be, other unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.]

Textual Amendments

F494 S. 69A inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 23, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)

70 Financial provisions. E+W+S

(1) There shall be defrayed out of money provided by Parliament—

(a) any administrative expenses incurred by any Minister of the Crown under this Act; and

(b) any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.

(2) Any sums received by a Minister of the Crown under this Act shall be paid into the Consolidated Fund.

[F495 70A Service of notices. E+W+S

(1) Subject to subsection (2), [F496 section 329 of the M33 Town and Country Planning Act 1990]] and [F497 section 271 of the Town and Country Planning (Scotland) Act 1997] (which provide for the service of notices and other documents) shall apply to notices and other documents required or authorised to be served or given under this Act.

(2) [F498 Subsections (2) and (3) of the said section 329] shall not apply to a notice required to be served under paragraph 2 of Schedule 14.

[F499 (2A) Subsection (1)(cc) of the said section 271 shall not apply to a notice required to be served under section 14G.

(2B) Subsection (2) of the said section 271 shall not apply to a notice required to be served under section 14D(5)(a).]

(3) This section shall not affect the operation of paragraph 2(4) of Schedule 11 or paragraph 3(4) of Schedule 15.

Textual Amendments

F495 S. 70A inserted by Wildlife and Countryside (Services of Notices) Act 1985 (c. 59, SIF 4:5), s. 1(1)

F496 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(2)(a)

F497 Words in s. 70A(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 34(2)

F498 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(2)(b)

F499 S. 70A(2A)(2B) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(7), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

Modifications etc. (not altering text)

C37 S. 70A applied (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(2), 103(2), Sch. 11 para. 22

Marginal Citations

M33 1990 c. 8 (123:1).

[F500 70B Effect of failure to serve certain notices E+W+S

(1) This section applies where the relevant conservation body—

(a) has (whether before or after the commencement of this section) taken all reasonable steps to ensure that, under any provision listed in subsection (2), notice is served on every owner and occupier of any land to which the notice relates, but

(b) has failed to do so.

(2) The provisions are—

(a) section 28(1) (notification of SSSI);

(b) section 28(5) (confirmation or withdrawal of notification of SSSI);

(c) section 28A(3) (notice varying notification under section 28);

(d) section 28A(5) (notice confirming or withdrawing variation of notification);

(e) section 28B(2) (notification of additional land to be included in SSSI);

(f) section 28B(7) (confirmation or withdrawal of notification);

(g) section 28C(2) (notification of enlargement of SSSI);

(h) section 28C(3) (confirmation or withdrawal of notification of enlargement);

(i) section 28D(2) (denotification);

(j) section 28D(5) (withdrawal or confirmation of denotification);

(k) section 28J(3) (notice of proposed management scheme);

(l) section 28J(8) (withdrawal or confirmation of management scheme).

(3) The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.

(4) For the purposes of sections 28 to 28Q, the time when the notice is to be treated as having been served is the time when the relevant conservation body took the last of the steps referred to in subsection (1)(a).

(5) If the relevant conservation body becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.

(6) Nothing in subsection (3) or (4) renders the owner or occupier liable—

(a) in relation to anything done or omitted to be done before the commencement of this section, or

(b) under section 28P(1) or 28Q(4) in relation to anything done or omitted to be done before the copy of the notice is served under subsection (5).

(7) “The relevant conservation body” means—

(a) in relation to land in an area in England—

(i) subject to sub-paragraph (ii), Natural England;

(ii) in relation to any time before the commencement of section 27AA, English Nature;

(b) in relation to land in an area in Wales, [F501 the Natural Resources Body for Wales].]

Textual Amendments

F500 S. 70B inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 57, 107; S.I. 2006/1382, art. 2

F501 Words in s. 70B(7)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 179 (with Sch. 7)

71 General interpretation. E+W+S

[F502 (1)] In this Act—

• “the M34 1949 Act” means the National Parks and Access to the Countryside Act 1949;

• “the M35 1968 Act” means the Countryside Act 1968;

• [F503 “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.]

• “the commencement date”, in relation to any provision of this Act and any area, means the date of the coming into force of that provision in that area;

• “London borough council” includes the Common Council of the City of London;

• “modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;

• F504 .

[F505 (2) For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae.]

Textual Amendments

F502 S. 71 renumbered (E.W.) (1.10.2006) as s. 71(1) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 97(2)(4); S.I. 2006/2541, art. 2

F503 Definition inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 Pt. I para. 31(5)

F504 S. 71: definition of "statutory maximum" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group2.

F505 S. 72(2) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 97(3)(4); S.I. 2006/2541, art. 2

Marginal Citations

M34 1949 c. 97.

M35 1968 c. 41.

72 Minor amendments. E+W+S

F506 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X8 (2) In section 20(2) of the M36 Hill Farming Act 1946 (penalty for contravening regulations with respect to the burning of heather and grass) as originally enacted for the words from “five pounds” onwards there shall be substituted the words “£200”.

X8 (3) In sections 27 of that Act (penalty for contravening the provisions of that Act relating to muirburn) for the words from “five pounds” onwards there shall be substituted the words “£200”.

X8 (4) In section 39 of the M37 Agriculture (Scotland) Act 1948 for the words “the First Schedule to the Protection of Birds Act 1954” there shall be substituted the words “Schedule I to the Wildlife and Countryside Act 1981”.

X8 (5) In section 11(1) of the 1949 Act (general powers of local planning authorities in relation to National Parks) after the word “accomplishment” there shall be inserted the words “of any”.

X8 (6) In section 74(4) of the M38 Public Health Act 1961 (power to reduce numbers of pigeons and other birds in built-up areas), for the words “the Protection of Birds Act 1954” there shall be substituted the words “Part I of the Wildlife and Countryside Act 1981”.

X8 (7) In section 2(8) of the 1968 Act (publicity and information services) for the words from “encouraging” onwards there shall be substituted the words “informing persons resorting to the countryside of their rights and obligations”.

X8 (8) In section 15(1) of that Act (areas of special scientific interest) the words “which is not for the time being managed as a nature reserve but” shall be omitted.

X8 (9) In section 37 of that Act (protection for interests in the countryside) for the words “and the Act of 1949” there shall be substituted the words “the Act of 1949 and the Wildlife and Countryside Act 1981”.

F507 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X8 (11) In section 31(10) of the M39 Highways Act 1980 (dedication of way as highway presumed after public use for 20 years), for the words from “subsection (4)” to “that section” there shall be substituted the words “section 56(1) of the Wildlife and Countryside Act 1981 (which provides that a definitive map and statement” and the words “or of that subsection” onwards shall be omitted.

(12) Section 80 of that Act (power of highway authority to fence highways) shall have effect in relation to any area in the countryside of which walls of a particular construction are a feature, as if references to fences included references to walls of that construction ; and in exercising their powers under that section in relation to any such area, a highway authority shall have regard to the desirability of exercising the powers conferred by the foregoing provisions of this subsection.

X8 (13) In section 136(4) of that Act (time when hedges may not be required to be cut or pruned) immediately before the words “between the last day of September and the first day of April” there shall be inserted the word “except”.

X8 (14) In section 4(5) of the M40 Zoo Licensing Act 1981 (grant or refusal of licence) the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975 shall be omitted and there shall be added at the end the following entry—

“Part I of the Wildlife and Countryside Act 1981”.

Editorial Information

X8 The text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) 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

F506 S. 72(1) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F507 S. 72(10) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2

Marginal Citations

M36 1946 c. 73.

M37 1948 c. 45.

M38 1961 c. 64.

M39 1980 c. 66.

M40 1981 c. 37.

73 Repeals and savings. U.K.

X9 (1) The enactments mentioned in Schedule 17 are hereby repealed to the extent specified in the third column of that Schedule.

(2) Nothing in the repeals made by this section shall affect the operation of sections 27 to 32 of the 1949 Act in relation to any survey begun before the commencement date.

(3) Nothing in the repeals made by this section shall affect the operation of sections 33 and 34 of the 1949 Act and Parts II, III, and IV of Schedule 3 to the 1968 Act in relation to any review begun before the commencement date.

F508 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X9 The text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) 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

F508 S. 73(4) repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.

74 Short title commencement and extent. E+W+S

(1) This Act may be cited as the Wildlife and Countryside Act 1981.

(2) The following provisions of this Act, namely—

• Part II, except sections 29 to 32, 41 and 46 to 48 and Schedule 13;

• sections 59 to 62 and 65 and 66; and

• Part IV, except section 72(4), (6) and (14) and section 73(1) so far as relating to Part II of Schedule 17,

shall come into force on the expiration of the period of one month beginning with the passing of this Act.

(3) The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed under this subsection for different provisions, different purposes or different areas.

(4) An order under subsection (3) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force.

(5) The following provisions of this Act, namely—

sections 39, 40 and 42 to 49 and Schedule 13; and Part III, do not extend to Scotland.

[F509 (5A) [F510 Sections 29 and 30 extend to Scotland only.]]

(6) This Act, except section 15(1) and Schedule 10 and, so far as regards any enactment mentioned in Schedule 17 that so extends, section 73 and that Schedule, does not extend to Northern Ireland.

Textual Amendments

F509 S. 74(5A) inserted (E.W.S.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. I para. 2

F510 S. 74(5A) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2

Modifications etc. (not altering text)

C38 Power of appointment conferred by s. 74(3) fully exercised: S.I. 1982/3237, 990, 1136, 1217, 1983/20, 87

SCHEDULES

[F511 SCHEDULE ZA1 E+W Birds which re-use their nests

Textual Amendments

F511 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

[F512 SCHEDULE A1 S Protected nests and nest sites: birds

Textual Amendments

F512 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
[F513 Eagle, Golden	Aquila chrysaetos]
Eagle, White-tailed	Haliaetus albicilla]

Textual Amendments

F513 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
[F514 Capercaillie]	[F514 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

F514 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.

[F515 SCHEDULE 1A S Birds which are Protected from Harassment

Textual Amendments

F515 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
[F516 Eagle, Golden	Aquila chrysaetos]
Eagle, White-tailed	Haliaetus albicilla
[F516 Harrier, Hen	Circus cyaneus]
[F516 Kite, Red	Milvus milvus]]

Textual Amendments

F516 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
[F517 Capercaillie]	[F517 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
[F518 Grouse, Black	Tetrao tetrix]
[F518 Grouse, Red	Lagopus lagopus scoticus]
Mallard	Anas platyrhynchos
Moorhen	Gallinula chloropus
[F519 Partridge, Grey	Perdix perdix]
[F519 Partridge, Red-legged	Alectoris rufa]
[F520 Pheasant, Common	Phasianus colchicus]
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
[F520 Ptarmigan	Lagopus mutus]
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Textual Amendments

F517 Sch. 2 Pt. 1 words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(4)

F518 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)

F519 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)

F520 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)

[F521 Part IA S Exception: birds included in Part I which may not be killed or taken on Sundays or Christmas Day

Textual Amendments

F521 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
F522 . . .	F522 . . .
F522 . . .	F522 . . .
F522 . . .	F522 . . .
F522 . . .	F522 . . .
F522 . . .	F522 . . .
F522 . . .	F522 . . .
F522 . . .	F522 . . .
F522 . . .	F522 . . .
F522 . . .	F522 . . .
F522 . . .	F522 . . .
F522 . . .	F522 . . .
F522 . . .	F522 . . .
F522 . . .	F522 . . .

Textual Amendments

F522 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

[F523 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

F523 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
F524 . . .	F524 . . .
Woodpigeon	Columba palumbus

Textual Amendments

F524 Words in Sch. 3 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.3 .

[F525 Part IIA S Dead if killed outside close season by certain persons

Textual Amendments

F525 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
[F526 Capercaillie]	[F526 Tetrao urogallus]
[F527 Coot]	[F527 Fulica atra]
[F527 Duck, Tufted]	[F527 Aythya fuligula]
[F527 Mallard]	[F527 Anas platyrhynchos]
[F527 Pintail]	[F527 Anas acuta]
[F527 Plover, Golden]	[F527 Pluvialis apricaria]
[F527 Pochard]	[F527 Aythya ferina]
[F527 Shoveler]	[F527 Anas clypeata]
[F527 Snipe, Common]	[F527 Gallinago gallinago]
[F527 Teal]	[F527 Anas crecca]
[F527 Wigeon]	[F527 Anas penelope]
[F527 Woodcock]	[F527 Scolopax rusticola]

Textual Amendments

F526 Sch. 3 Pt. III : Words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(5)

F527 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
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F529 . . .	F529 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
[F530 Falcons (all species)]	[F530 Falconidae]
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
[F530 Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case)]	[F530 Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps)]
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F529 . . .	F529 . . .
Osprey	Pandion haliaetus
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F528 . . .	F528 . . .
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F528 . . .	F528 . . .
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F528 . . .	F528 . . .
F529 . . .	F529 . . .
F529 . . .	F529 . . .
F531 . . .

Textual Amendments

F528 Entries in Sch. 4 removed (24.5.1994) by S.I. 1994/1151 , art. 2

F529 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)

F530 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)

F531 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.

F532 SCHEDULE 5 E+W Animals which are Protected

Extent Information

E29 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F532 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
[F533 Adder (in respect of section 9(5) only)]	[F533 Vipera berus]
[F534 Allis Shad (in respect of section 9(1) and (4)(a) only)]	[F534 Alosa alosa]
[F535 Anemone, Ivell’s Sea]	[F535 Edwardsia ivelli]
[F535 Anemone, Startlet Sea]	[F535 Nematosella vectensis]
[F535 Apus]	[F535 Triops cancriformis]
Bats, Horseshoe (all species [F536 but in respect of section 9(4)(b) and (c) and (5) only])	Rhinolophidae
Bats, Typical (all species [F537 but in respect of section 9(4)(b) and (c) and (5) only])	Vespertilionidae
[F538 Beetle]	[F538 Graphoderus zonatus]
[F538 Beetle]	[F538 Hypebaeus flavipes]
[F538 Beetle]	[F538 Paracymus aeneus]
[F538 Beetle, Lesser Silver Water]	[F538 Hydrochara caraboides]
[F538 Beetle, Mire Pill (in respect of section 9(4)(a) only)]	[F538 Curimopsis nigrita]
Beetle, Rainbow Leaf	Chrysolina cerealis
[F539 Beetle, Stag (in respect of section 9(5) only)]	[F539 Lucanus cervus]
[F535 Beetle, Violet Click]	[F535 Limoniscus violaceus]
Burbot	Lota lota
. . . F540	. . . F540
[F541 Butterfly, Northern Brown Argus]	[F541 Aricia artaxerxes]
[F541 Butterfly, Adonis Blue]	[F541 Lysandra bellargus]
[F541 Butterfly, Chalkhill Blue]	[F541 Lysandra coridon]
[F541 Butterfly, Silver-studded Blue]	[F541 Plebejus argus]
[F541 Butterfly, Small Blue]	[F541 Cupido minimus]
[F534 Butterfly, Large Copper]	[F534 Lycaena dispar]
[F541 Butterfly, Purple Emperor]	[F541 Apatura iris]
[F541 Butterfly, Duke of Burgandy Fritillary]	[F541 Hamearis lucina]
[F541 Butterfly, Glanville Fritillary]	[F541 Melitaea cinxia]
Butterfly, Heath Fritillary	Mellicta athalia (otherwise known as Melitaea athalia)
[F542 Butterfly, High Brown Fritillary]	[F542 Argynnis adippe]
[F534 Butterfly, Marsh Fritillary]	[F534 Eurodryas aurinia]
[F541 Butterfly, Pearl-bordered Fritillary]	[F541 Boloria euphrosyne]
[F541 Butterfly, Black Hairstreak]	[F541 Strymonidia pruni]
[F541 Butterfly, Brown Hairstreak]	[F541 Thecla betulae]
[F541 Butterfly, White Letter Hairstreak]	[F541 Stymonida w-album]
[F541 Butterfly, Large Heath]	[F541 Coenonympha tullia]
Butterfly, Large Blue[F543 (in respect of section 9(4)(b) and (c) and (5) only)]	Maculinea arion
[F541 Butterfly, Mountain Ringlet]	[F541 Erebia epiphron]
. . . F540	. . . F540
[F541 Butterfly, Chequered Skipper]	[F541 Carterocephalus palaemon]
[F541 Butterfly, Lulworth Skipper]	[F541 Thymelicus acteon]
[F541 Butterfly, Silver Spotted Skipper]	[F541 Hesperia comma]
Butterfly, Swallowtail	Papilio machaon
[F541 Butterfly, Large tortoiseshell]	[F541 Nymphalis polychloros]
[F541 Butterfly, Wood White]	[F541 Leptidea sinapis]
[F535 Cat, Wild][F543 (in respect of section 9(4)(b) and (c) and (5) only)]	[F535 Felis silverstris]
[F535 Cicada, New Forest]	[F535 Cicadetta montana]
[F544 Crayfish, Atlantic Stream]	[F544 Austropotamobius pallipes]
Cricket, Field	Gryllus campestris
Cricket, Mole	Gryllotalpa gryllotalpa
[F539 Dameselfly, Southern]	[F539 Coenagrion mercuriale]
F545 . . .	F545 . . .
F545 . . .	F545 . . .
[F546 “Dolphins (all species but in respect of section 9(4A) and (5) only)	Cetacea”]
[F535 Dormouse][F543 (in respect of section 9(4)(b) and (c) and (5) only)]	[F535 Muscardinus avellanarius]
Dragonfly, Norfolk Aeshna	Aeshna isosceles
Frog, Common (in respect of section 9(5) only)	Rana temporaria
[F547 Frog, Pool (Northern Clade) (in respect of section 9(4)(b) and (c)(1) only and with respect to England only)]	[F547 Pelophylax lessonae]
[F539 Goby, Couch’s]	[F539 Gobius couchii]
[F539 Goby, Giant]	[F539 Gobius cobitis]
Grasshopper, Wart-biter	Decticus verrucivorus
[F538 Hatchet Shell, Northern]	[F538 Thyasira gouldi]
[F539 Hydroid, Marine]	[F539 Clavopsella navis]
F548 . . .	F548 . . .
[F538 Lagoon Snail, De Folin’s]	[F538 Caecum armoricum]
[F538 Lagoon Worm, Tentacled [F549 (in respect of section 9(4)(a) only)]]	[F538 Alkmaria romijni]
[F535 Leech, Medicinal]	[F535 Hirudo medicinalis]
Lizard, Sand[F543 (in respect of section 9(4)(b) and (c) and (5) only)]	Lacerta agilis
[F550 Lizard, Viviparous (in respect of section 9(5) only)]	[F550 Lacerta vivipara]
[F535 Marten, Pine]	[F535 Martes martes]
[F535 Mat. Trembling Sea]	[F535 Victorella pavida]
Moth, Barberry Carpet	Pareulype berberata
Moth, Black-veined	Siona lineata (otherwise known as Idaea lineata)
F548 . . .	F548 . . .
[F539 Moth, Fiery Clearwing]	[F539 Bembecia chrysidiformis]
[F539 Moth, Fisher’s Estuarine][F551 (in respect of section 9(4)(b) and (c) and (5) only)]	[F539 Gortyna borelii]
Moth, New Forest Burnet	Zygaena viciae
Moth, Reddish Buff	Acosmetia caliginosa
[F547 Moth, Slender Scotch Burnet (in respect of section 9(5) only)]	[F547 Zygaena loti subspecies scotica]
[F538 Moth, Sussex Emerald]	[F538 Thalera fimbrialis]
[F547 Moth, Talisker Burnet (in respect of section 9(5) only)]	[F547 Zygaena lonicerae subspecies jocelynae]
F552 . . .	F552 . . .
[F539 Mussel, Fan (in respect of section 9(1), (2) and (5) only)]	[F539 Atrina fragilis]
[F553 Mussel, Freshwater Pearl]	[F553 Margaritifera margaritifera]
[F554 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[F543 (in respect of section 9(4)(b) and (c) and (5) only)]	Lutra lutra
F545 . . .	F545 . . .
[F555 “Porpoises (all species but in respect of section 9(5) only)	Cetacea”]
[F535 Sandworm, Lagoon]	[F535 Armandia cirrhosa]
[F538 Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only]	[F538 Eunicella verrucosa]
[F556 Seahorse, Short Snouted (with respect to England [F557 and Wales]only)]	[F556 Hippocampus hippocampus]
[F556 Seahorse, Spiny (with respect to England [F558 and Wales]only)]	[F556 Hippocampus guttulatus]
[F538 Sea Slug, Lagoon]	[F538 Tenellia adspersa]
[F539 Shad, Twaite (in respect of [F559 section 9(1) and (4)(a)]only)]	[F539 Alosa fallax]
[F556 Shark, Angel [F560 (in respect of section 9(1), (2) and (5) only)]]	[F556 Squatina squatina]
[F539 Shark, Basking]	[F539 Cetorhinus maximus]
[F535 Shrimp, Fairy]	[F535 Chirocephalus diaphanus]
[F535 Shrimp, Lagoon Sand [F561 (in respect of section 9(4)(a) only)]]	[F535 Gammarus insensiblis]
[F547 Skate, White (in respect of section 9(1), (2) and (5) only)]	[F547 Rostroraja alba]
[F550 Slow-worm (in respect of section 9(5) only)]	[F550 Anguis fragilis]
F540 . . .	F540 . . .
Snail, Glutinous	Myxas glutinosa
[F556 Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England [F562 and Wales]only)]	[F556 Helix pomatia]
Snail, Sandbowl	Catinella arenaria
[F550 Snake, Grass (in respect of section 9(5) only)]	[F550 Natrix helvetica (also known as Natrix natrix)]
Snake, Smooth[F543 (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
[F538 Sturgeon][F543 (in respect of section 9(4)(b) and (c) and (5) only)]	[F538 Acipenser sturio]
Toad, Common (in respect of section 9(5) only)	Bufo bufo
Toad, Natterjack[F543 (in respect of section 9(4)(b) and (c) and (5) only)]	Bufo calamita
[F563 “Turtle, Flatback	Natator depressus”]
[F564 Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only)	Chelonia mydas]
[F565 Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only)	Eretmochelys imbricata]
[F566 Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only)	Lepidochelys kempii]
[F567 Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only)	Dermochelys coriacea]
[F568 Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only)	Caretta caretta]
[F569 Turtle, Olive Ridley	Lepidochelys olivacea]
F570 . . .	F570 . . .
[F535 Vendace]	[F535 Coregonus albula]
[F539 Vole, Water F571 . . . ]	[F539 Arvicola terrestris]
[F535 Walrus]	[F535 Odebenus rosmarus]
[F535 Whale (all species)][F572 but in respect of section 9(4A) and (5) only]	[F535 Cetacea]
[F535 Whitefish]	[F535 Coregonus lavaretus]

Textual Amendments

F533 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

F534 By virtue of S.I. 1998/878 , art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F535 Entry added as provided by S.I. 1988/288 , art. 2(1)

F536 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)

F537 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)

F538 Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350 , art. 2(1)

F539 Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878 , art. 2(1)

F540 Entry removed from Schedule as provided by S.I. 1988/288 , art. 2(5)

F541 Entry added (in respect of s. 9(5) only) by S.I. 1989/906 , art. 2

F542 Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350 , art. 2(2)

F543 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)

F544 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)

F545 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)

F546 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)

F547 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

F548 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

F549 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)

F550 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

F551 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

F552 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)

F553 By virtue of S.I. 1998/878 , art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

F554 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)

F555 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)}

F556 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.

F557 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)

F558 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)

F559 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)

F560 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)

F561 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)

F562 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)

F563 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)}

F564 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)}

F565 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)}

F566 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)}

F567 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)}

F568 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)}

F569 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)}

F570 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)

F571 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)

F572 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.

[F573 NOTE 2. F574 ...]

Textual Amendments

F573 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)

F574 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

E29 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F532 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 [F880 under Section 9]

Extent Information

E60 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F880 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)

C41 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
[F533 Adder (in respect of section 9(5) only)]	[F533 Vipera berus]
[F534 Allis Shad (in respect of section 9(1) and (4)(a) only)]	[F534 Alosa alosa]
[F535 Anemone, Ivell’s Sea]	[F535 Edwardsia ivelli]
[F535 Anemone, Startlet Sea]	[F535 Nematosella vectensis]
[F535 Apus]	[F535 Triops cancriformis]
F881 . . .	F881 . . .
F881 . . .	F881 . . .
[F538 Beetle]	[F538 Graphoderus zonatus]
[F538 Beetle]	[F538 Hypebaeus flavipes]
[F538 Beetle]	[F538 Paracymus aeneus]
[F538 Beetle, Lesser Silver Water]	[F538 Hydrochara caraboides]
[F538 Beetle, Mire Pill (in respect of section 9(4)(a) only)]	[F538 Curimopsis nigrita]
Beetle, Rainbow Leaf	Chrysolina cerealis
[F539 Beetle, Stag (in respect of section 9(5) only)]	[F539 Lucanus cervus]
[F535 Beetle, Violet Click]	[F535 Limoniscus violaceus]
Burbot	Lota lota
. . . F540	. . . F540
[F541 Butterfly, Northern Brown Argus]	[F541 Aricia artaxerxes]
[F541 Butterfly, Adonis Blue]	[F541 Lysandra bellargus]
[F541 Butterfly, Chalkhill Blue]	[F541 Lysandra coridon]
[F541 Butterfly, Silver-studded Blue]	[F541 Plebejus argus]
[F541 Butterfly, Small Blue]	[F541 Cupido minimus]
[F534 Butterfly, Large Copper]	[F534 Lycaena dispar]
[F541 Butterfly, Purple Emperor]	[F541 Apatura iris]
[F541 Butterfly, Duke of Burgandy Fritillary]	[F541 Hamearis lucina]
[F541 Butterfly, Glanville Fritillary]	[F541 Melitaea cinxia]
Butterfly, Heath Fritillary	Mellicta athalia (otherwise known as Melitaea athalia)
[F542 Butterfly, High Brown Fritillary]	[F542 Argynnis adippe]
[F534 Butterfly, Marsh Fritillary]	[F534 Eurodryas aurinia]
[F541 Butterfly, Pearl-bordered Fritillary]	[F541 Boloria euphrosyne]
[F541 Butterfly, Black Hairstreak]	[F541 Strymonidia pruni]
[F541 Butterfly, Brown Hairstreak]	[F541 Thecla betulae]
[F541 Butterfly, White Letter Hairstreak]	[F541 Stymonida w-album]
[F541 Butterfly, Large Heath]	[F541 Coenonympha tullia]
F881 . . .	F881 . . .
[F541 Butterfly, Mountain Ringlet]	[F541 Erebia epiphron]
. . . F540	. . . F540
[F541 Butterfly, Chequered Skipper]	[F541 Carterocephalus palaemon]
[F541 Butterfly, Lulworth Skipper]	[F541 Thymelicus acteon]
[F541 Butterfly, Silver Spotted Skipper]	[F541 Hesperia comma]
Butterfly, Swallowtail	Papilio machaon
[F541 Butterfly, Large tortoiseshell]	[F541 Nymphalis polychloros]
[F541 Butterfly, Wood White]	[F541 Leptidea sinapis]
F881 . . .	F881 . . .
[F535 Cicada, New Forest]	[F535 Cicadetta montana]
[F544 Crayfish, Atlantic Stream]	[F544 Austropotamobius pallipes]
Cricket, Field	Gryllus campestris
Cricket, Mole	Gryllotalpa gryllotalpa
[F539 Dameselfly, Southern]	[F539 Coenagrion mercuriale]
Dolphin, Bottle-nosed	Tursiops truncatus (otherwise known as Tursiops tursio)
Dolphin, Common	Delphinus delphis
F881 . . .	F881 . . .
Dragonfly, Norfolk Aeshna	Aeshna isosceles
Frog, Common (in respect of section 9(5) only)	Rana temporaria
[F539 Goby, Couch’s]	[F539 Gobius couchii]
[F539 Goby, Giant]	[F539 Gobius cobitis]
Grasshopper, Wart-biter	Decticus verrucivorus
[F538 Hatchet Shell, Northern]	[F538 Thyasira gouldi]
[F539 Hydroid, Marine]	[F539 Clavopsella navis]
[F538 Lagoon Snail]	[F538 Paludinella littorina]
[F538 Lagoon Snail, De Folin’s]	[F538 Caecum armoricum]
[F538 Lagoon Worm, Tentacled]	[F538 Alkmaria romijni]
[F535 Leech, Medicinal]	[F535 Hirudo medicinalis]
F881 . . .	F881 . . .
[F550 Lizard, Viviparous (in respect of section 9(5) only)]	[F550 Lacerta vivipara]
[F535 Marten, Pine]	[F535 Martes martes]
[F535 Mat. Trembling Sea]	[F535 Victorella pavida]
Moth, Barberry Carpet	Pareulype berberata
Moth, Black-veined	Siona lineata (otherwise known as Idaea lineata)
Moth, Essex Emerald	Thetidia smaragdaria
[F539 Moth, Fiery Clearwing]	[F539 Bembecia chrysidiformis]
[F539 Moth, Fisher’s Estuarine]	[F539 Gortyna borelii]
Moth, New Forest Burnet	Zygaena viciae
Moth, Reddish Buff	Acosmetia caliginosa
[F538 Moth, Sussex Emerald]	[F538 Thalera fimbrialis]
F552 . . .	F552 . . .
[F539 Mussel, Fan (in respect of section 9(1), (2) and (5) only)]	[F539 Atrina fragilis]
[F553 Mussel, Freshwater Pearl]	[F553 Margaritifera margaritifera]
F881 . . .	F881 . . .
Newt, Palmate (in respect of section 9(5) only)	Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)	Triturus vulgaris
F881 . . .	F881 . . .
Porpoise, Harbour (otherwise known as Common porpoise)	Phocaena phocaena
[F535 Sandworm, Lagoon]	[F535 Armandia cirrhosa]
[F538 Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only]	[F538 Eunicella verrucosa]
[F538 Sea Slug, Lagoon]	[F538 Tenellia adspersa]
[F539 Shad, Twaite (in respect of section 9(4)(a) only)]	[F539 Alosa fallax]
[F539 Shark, Basking]	[F539 Cetorhinus maximus]
[F535 Shrimp, Fairy]	[F535 Chirocephalus diaphanus]
[F535 Shrimp, Lagoon Sand]	[F535 Gammarus insensiblis]
[F550 Slow-worm (in respect of section 9(5) only)]	[F550 Anguis fragilis]
F540 . . .	F540 . . .
Snail, Glutinous	Myxas glutinosa
Snail, Sandbowl	Catinella arenaria
[F550 Snake, Grass (in respect of section 9(5) only)]	[F550 Natrix helvetica (also known as Natrix natrix)]
F881 . . .	F881 . . .
Spider, Fen Raft	Dolomedes plantarius
Spider, Ladybird	Eresus niger
Squirrel, Red	Sciurus vulgaris
F881 . . .	F881 . . .
Toad, Common (in respect of section 9(5) only)	Bufo bufo
F881 . . .	F881 . . .
F881 . . .	F881 . . .
[F535 Vendace]	[F535 Coregonus albula]
[F539 Vole, Water (in respect of section 9(4) only)]	[F539 Arvicola terrestris]
[F535 Walrus]	[F535 Odebenus rosmarus]
F881 . . .	F881 . . .
[F535 Whitefish]	[F535 Coregonus lavaretus]

Textual Amendments

F533 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

F534 By virtue of S.I. 1998/878 , art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F535 Entry added as provided by S.I. 1988/288 , art. 2(1)

F538 Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350 , art. 2(1)

F539 Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878 , art. 2(1)

F540 Entry removed from Schedule as provided by S.I. 1988/288 , art. 2(5)

F541 Entry added (in respect of s. 9(5) only) by S.I. 1989/906 , art. 2

F542 Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350 , art. 2(2)

F544 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)

F550 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

F552 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)

F553 By virtue of S.I. 1998/878 , art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

F881 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)

[F575 SCHEDULE 5A S Animals which are Protected under Section 10A in their Close Season

Textual Amendments

F575 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
[F576 Bats, Horseshoe (all species)	Rinolophidae]
[F576 Bats, Typical (all species)	Vespertilionidae]
[F576 Cat, Wild	Felis silvestris]
[F576 Dolphin, Bottle-nosed	Tursiops truncatus (otherwise known as Tursiops tursio)]
[F576 Dolphin, Common	Delphinis delphis]
[F576 Dormice (all species)	Gliridae]
Hedgehog	Erinaceus europaeus
[F576 Marten, Pine	Martes martes]
[F576 Otter, Common	Lutra lutra]
[F576 Polecat	Mustela putorius]
[F576 Porpoise, Harbour (otherwise known as Common porpoise)	Phocaena phocaena]
Shrews (all species)	Soricidae
Squirrel, Red	Sciurus vulgaris

Textual Amendments

F576 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.

Section 11(2)

[F577 SCHEDULE 6ZA U.K. Animals which may not be killed or taken by trapping or snaring

Textual Amendments

F577 Sch. 6ZA inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), reg. 1(1), Sch. (with reg. 9)

Common name	Scientific name
Badger	Meles meles
Beaver, European	Castor fiber
Marten, Pine	Martes martes
Otter, Common	Lutra lutra
Stoat (otherwise known as Ermine)	Mustela erminea

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)

[F578 SCHEDULE 6A S Animals not to be Poached

Textual Amendments

F578 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 [F579 Protection of Certain Mammals] [F579 Amendment of Acts In Relation To Night Shooting of Hares and Rabbits]

Textual Amendments

F579 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 M41 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

M41 1880 c. 47 .

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

2 (1) Notwithstanding the provisions of section 50(1)(a) of the M42 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

M42 1948 c. 45 .

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

X10 3 (1) At the end of subsection (2) of section 1 of the M43 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

X10 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

M43 1953 c. 28 .

The Deer Act 1963 E+W+S

X11 [F580 4 S For subsection (3) of section 10 of the M44 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

X11 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

F580 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

M44 1963 c. 36 .

X12 [F581 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

X12 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

F581 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 .

X13 [F582 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

X13 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

F582 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

X14 7 (1) In subsection (1)(c) of section 10 of the M45 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

X14 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

M45 1970 c. 30 .

The Badgers Act 1973 E+W+S

F583 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F583 Sch. 7 para. 8 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F584 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F584 Sch. 7 para. 9 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F585 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F585 Sch. 7 para. 10 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F586 11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F586 Sch. 7 para. 11 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F587 12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F587 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
[F588 Adder’s-tongue, Least]	[F588 Ophioglossum lusitanicum]
Alison, Small	Alyssum alyssoides
[F589 Anomodon, Long-leaved]	[F589 Anomodon longifolius]
[F589 Beech-lichen, New Forest]	[F589 Enterographa elaborata]
[F590 Blackwort]	[F590 Southbya nigrella]
[F589 Bluebell (in respect of section 13(2) only)]	[F589 Hyacinthoides non-scripta]
[F589 Bolete, Royal]	[F589 Boletus regius]
Broomrape, Bedstraw	Orobanche caryophyllacea
Broomrape, Oxtongue	Orobanche loricata
Broomrape, Thistle	Orobanche reticulata
[F588 Cabbage, Lundy]	[F588 Rhynchosinapis wrightii]
Calamint, Wood	Calamintha sylvatica
[F590 Caloplaca, Snow]	[F590 Caloplaca nivalis]
[F590 Catapyrenium, Tree]	[F590 Catapyrenium psoromoides]
Catchfly, Alpine	Lychnis alpina
[F590 Catillaria, Laurer’s]	[F590 Catellaria laurei]
[F590 Centaury, Slender]	[F590 Centaurium tenuiflorum]
Cinquefoil, Rock	Potentilla rupestris
[F589 Cladonia, Convoluted]	[F589 Cladonia convoluta]
[F590 Cladonia, Upright Mountain]	[F590 Cladonia stricta]
[F590 Clary, Meadow]	[F590 Salvia pratensis]
Club-rush, Triangular	Scirpus triquetrus
[F588 Colt’s-foot, Purple]	[F588 Homogyne alpina]
Cotoneaster, Wild	Cotoneaster integerrimus
[F588 Cottongrass, Slender]	[F588 Eriophorum gracile]
Cow-wheat, Field	Melampyrum arvense
[F588 Crocus, Sand]	[F588 Romulea columnae]
[F590 Crystalwort, Lizard]	[F590 Riccia bifurca]
[F590 Cudweed, Broad-leaved]	[F590 Filago pryamidata]
Cudweed, Jersey	Gnaphalium luteoalbum
[F588 Cudweed, Red-tipped]	[F588 Filago lutescens]
[F589 Cut-grass]	[F589 Leersia oryzoides]
[F589 Deptford Pink (in respect of England and Wales only)]	[F589 Dianthus armeria]
Diapensia	Diapensia lapponica
[F591 [F590 Dock, Shore] [F592 (in respect of section 13(2) only)]]	[F591 [F590 Rumex rupestris]]
[F590 Earwort, Marsh]	[F590 Jamesoniella undulifolia]
Eryngo, Field	Eryngium campestre
[F589 Feather-moss, Polar]	[F589 Hygrohypnum polare]
Fern, Dickie’s Bladder	Cystopteris dickieana
[F591 Fern, Killarney [F593 (in respect of section 13(2) only)]]	[F591 Trichomanes speciosum]
[F590 Flapwort, Norfolk]	[F590 Leiocolea rutheana]
[F588 Fleabane, Alpine]	[F588 Erigeron borealis]
[F588 Fleabane, Small]	[F588 Pulicaria vulgaris]
[F590 Frostwort, Pointed]	[F590 Gymnomitrion apiculatum]
[F589 Fungus, Hedgehog]	[F589 Hericium erinaceum]
Galingale, Brown	Cyperus fuscus
Gentian, Alpine	Gentiana nivalis
[F590 Gentian, Dune]	[F590 Gentianella uliginosa]
[F591 [F590 Gentian, Early] [F594 (in respect of section 13(2) only)]]	[F591 [F590 Gentianella anglica]]
[F588 Gentian, Fringed]	[F588 Gentianella ciliata]
Gentian, Spring	Gentiana verna
[F588 Germander, Cut-leaved]	[F588 Teucrium botrys]
Germander, Water	Teucrium scordium
Gladiolus, Wild	Gladiolus illyricus
[F589 Goblin Lights]	[F589 Catolechia wahlenbergii]
[F588 Goosefoot, Stinking]	[F588 Chenopodium vulvaria]
[F588 Grass-poly]	[F588 Lythrum hyssopifolia]
[F590 Grimmia, Blunt-leaved]	[F590 Grimmia unicolor]
[F590 Gyalecta, Elm]	[F590 Gyalecta ulmi]
Hare’s-ear, Sickle-leaved	Bupleurum falcatum
Hare’s-ear, Small	Bupleurum baldense
[F588 Hawk’s-beard, Stinking]	[F588 Crepis foetida]
[F590 Hawkweed, Northroe]	[F590 Hieracium northroense]
[F590 Hawkweed, Shetland]	[F590 Hieracium zetlandicum]
[F590 Hawkweed, Weak-leaved]	[F590 Hieracium attenuatifolium]
Heath, Blue	Phyllodoce caerulea
Helleborine, Red	Cephalanthera rubra
[F595 [F588 Helleborine, Young’s]]	[F595 [F588 Epipactis youngiana]]
[F588 Horsetail, Branched]	[F588 Equisetum ramosissimum]
[F588 Hound’s-tongue, Green]	[F588 Cynoglossum germanicum]
Knawel, Perennial	Scleranthus perennis
Knotgrass, Sea	Polygonum maritimum
[F591 Lady’s-slipper [F596 (in respect of section 13(2) only)]]	[F591 Cypripedium calceolus]
F597 . . .	F597 . . .
F597 . . .	F597 . . .
[F595 [F590 Lecanactis, Churchyard]]	[F595 [F590 Lecanactis hemisphaerica]]
[F590 Lecanora, Tarn]	[F590 Lecanora archariana]
[F590 Lecidea, Copper]	[F590 Lecidea inops]
Leek, Round-headed	Allium sphaerocephalon
Lettuce, Least	Lactuca saligna
[F590 Lichen, Arctic Kidney]	[F590 Nephroma arcticum]
[F590 Lichen, Ciliate Strap]	[F590 Heterodermia leucomelos]
[F590 Lichen, Coralloid Rosette]	[F590 Heterodermia propagulifera]
[F590 Lichen, Ear-lobed Dog]	[F590 Peltigera lepidophora]
[F590 Lichen, Forked Hair]	[F590 Bryoria furcellata]
[F590 Lichen, Golden Hair]	[F590 Teloschistes flavicans]
[F590 Lichen, Orange Fruited Elm]	[F590 Caloplaca luteoalba]
[F590 Lichen, River Jelly]	[F590 Collema dichotomum]
[F590 Lichen, Scaly Breck]	[F590 Squamarina lentigera]
[F590 Lichen, Stary Breck]	[F590 Buellia asterella]
Lily, Snowdon	Lloydia serotina
[F590 Liverwort]	[F590 Petallophyllum ralfsi]
[F590 Liverwort, Lindenberg’s Leafy]	[F590 Adelanthus lindenbergianus]
Marsh-mallow, Rough	Althaea hirsuta
[F591 [F588 Marshwort, Creeping] [F598 (in respect of section 13(2) only)]]	[F591 [F588 Apium repens]]
[F588 Milk-parsley, Cambridge]	[F588 Selinum carvifolia]
[F590 Moss]	[F590 Drepanocladius vernicosus]
[F590 Moss, Alpine Copper]	[F590 Mielichoferia mielichoferi]
[F590 Moss, Baltic Bog]	[F590 Sphagnum balticum]
[F590 Moss, Blue Dew]	[F590 Saelania glaucescens]
[F590 Moss, Blunt-leaved Bristle]	[F590 Orthotrichum obtusifolium]
[F590 Moss, Bright Green Cave	Cyclodictyon laetevirens]
[F590 Moss, Cordate Beard]	[F590 Barbula cordata]
[F590 Moss, Cornish Path]	[F590 Ditrichum cornubicum]
[F590 Moss, Derbyshire Feather]	[F590 Thamnobryum angustifolium]
[F595 [F590 Moss, Dune Thread]]	[F595 [F590 Bryum mamillatum]]
[F589 Moss, Flamingo]	[F589 Desmatodon cernuus]
[F590 Moss, Glaucous Beard]	[F590 Barbula glauca]
[F590 Moss, Green Shield]	[F590 Buxbaumia viridis]
[F590 Moss, Hair Silk]	[F590 Plagiothecium piliferum]
[F590 Moss, Knothole]	[F590 Zygodon forsteri]
[F590 Moss Large Yellow Feather]	[F590 Scorpidium turgescens]
[F590 Moss, Millimetre]	[F590 Micromitrium tenerum]
[F590 Moss, Multifruited River]	[F590 Cryphaea lamyana]
[F590 Moss, Nowell’s Limestone]	[F590 Zygodon gracilis]
[F590 Moss, Rigid Apple]	[F590 Bartramia stricta]
[F590 Moss, Round-leaved Feather]	[F590 Rhynocostegium rotundifolium]
[F590 Moss, Schleicher’s Thread]	[F590 Bryum schleicheri]
[F590 Moss, Triangular Pygmy]	{ F590 Acaulon triquetrum
[F590 Moss, Vaucher’s Feather]	[F590 Hypnum vaucheri]
[F590 Mudwort, Welsh]	[F590 Limosella australis]
[F588 Naiad, Holly-leaved]	[F588 Najas marina]
[F591 [F590 Naiad, Slender] [F599 (in respect of section 13(2) only)]]	[F591 [F590 Najas flexilis]]
[F590 Orache, Stalked]	[F590 Halimione pedunculata]
Orchid, Early Spider	Ophryas sphegodes
[F591 Orchid, Fen [F600 (in respect of section 13(2) only)]]	[F591 Liparis loeselii]
Orchid, Ghost	Epipogium aphyllum
[F590 Orchid, Lapland Marsh]	[F590 Dactylorhiza lapponica]
Orchid, Late Spider	Ophrys fuciflora
Orchid, Lizard	Himantoglossum hircinum
Orchid, Military	Orchis militaris
Orchid, Monkey	Orchis simia
[F590 Pannaria, Caledonia]	[F590 Pannaria ignobilis]
[F590 Parmelia, New Forest]	[F590 Parmelia minarum]
[F590 Parmentaria, Oil Stain]	[F590 Parmentaria chilensis]
Pear, Plymouth	Pyrus cordata
[F590 Penny-cress, Perfoliate]	[F590 Thlaspi perfoliatum]
[F588 Pennyroyal]	[F588 Mentha pulegium]
[F590 Pertusaria, Alpine Moss]	[F590 Pertusaria bryontha]
[F590 Physcia, Southern Grey]	[F590 Physcia tribacioides]
[F588 Pigmyweed]	[F588 Crassula aquatica]
[F590 Pine, Ground]	[F590 Ajuga chamaepitys]
Pink, Cheddar	Dianthus gratianopolitanus
Pink, Childling	Petroraghia nanteuilii
[F591 [F590 Plantain, Floating Water] [F601 (in respect of section 13(2) only)]]	[F591 [F590 Luronium natans]]
[F589 Polypore, Oak]	[F589 Buglossoporus pulvinus]
[F590 Pseudocyphellaria, Ragged]	[F590 Pseudocyphellaria lacerata]
[F590 Psora, Rusty Alpine]	[F590 Psora rubiformis]
[F589 Puffball, Sandy Stilt]	[F589 Battarraea phalloides]
[F588 Ragwort, Fen]	[F588 Senecio paludosus]
[F588 Ramping-fumitory, Martin’s]	[F588 Fumaria martinii]
[F590 Rampion, Spiked]	[F590 Phyteuma spicatum]
[F588 Restharrow, Small]	[F588 Ononis reclinata]
[F588 Rock-cress, Alpine]	[F588 Arabis alpina]
[F588 Rock-cress, Bristol]	[F588 Arabis stricta]
[F602 Rock Nail]	[F602 Calicium corynellum]
[F590 Rustworth, Western]	[F590 Marsupella profunda]
Sandwort, Norwegian	Arenaria norvegica
Sandwort, Teesdale	Minuartia stricta
Saxifrage, Drooping	Saxifraga cernua
[F591 [F590 Saxifrage, Marsh] [F603 (in respect of section 13(2) only)]]	[F591 [F590 Saxifrage hirulus]]
Saxifrage, Tufted	Saxifraga cespitosa
[F590 Solenopsora, Serpentine]	[F590 Solenopsora liparina]
Solomon’s-seal, Whorled	Polygonatum verticillatum
Sow-thistle, Alpine	Cicerbita alpina
Spearwort, Adder’s-tongue	Ranunculus ophioglossifolius
[F588 Speedwell, Fingered]	[F588 Veronica triphyllos]
Speedwell, Spiked	Veronica spicata
F597 . . .	F597 . . .
[F589 Spike-rush, Dwarf]	[F589 Eleocharis parvula]
[F589 Stack Fleawort, South]	[F589 Tephroseris integrifolia (ssp maritima)]
[F588 Star-of-Bethlehem, Early]	[F588 Gagea bohemica]
Starfruit	Damasonium alisma
[F590 Stonewort, Bearded]	[F590 Chara canescens]
[F588 Stonewort, Foxtail]	[F588 Lamprothamnium papulosum]
[F588 Strapwort]	[F588 Corrigiola litoralis]
[F589 Sulphur-tresses, Alpine]	[F589 Alectoria ochroleuca]
[F595 [F589 Threadmoss, Long-leaved]]	[F595 [F589 Bryum neodamense]]
[F602 Tree Lungwort (in respect of section 13(2) only)]	[F602 Lobaria pulmonaria]
[F590 Turpswort]	[F590 Geocalyx graveolens]
Violet, Fen	Viola persicifolia
[F588 Viper’s-grass]	[F588 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

F588 Entry in Sch. 8 added by S.I. 1988/288, art. 3

F589 Entries in Sch. 8 added (16.4.1998) by S.I. 1998/878, art. 3

F590 Entries in Sch. 8 added (29.10.1992) by S.I. 1992/2350, art. 3(1)

F591 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

F592 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)

F593 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)

F594 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)

F595 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

F596 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)

F597 Entries in Sch. 8 removed (29.10.1992) by S.I. 1992/2350, art. 3(2)

F598 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)

F599 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)

F600 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)

F601 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)

F602 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

F603 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.

[F604 SCHEDULE 9 E+W+S Animals and Plants to which Section 14 Applies

Textual Amendments

F604 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 [F605 NON-NATIVE] Animals which are established in the wild

Textual Amendments

F605 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
[F606 [F607 Boar, Wild]]	[F606 [F607 Sus scrofa]]
F608 . . .	F608 . . .
[F607 Capercaillie]	[F607 Tetrao urogallus]
[F606 [F607 Chough]]	[F606 [F607 Pyrrhocorax pyrrhocorax]]
[F606 [F607 Corncrake]]	[F606 [F607 Crex crex]]
F608 . . .	F608 . . .
[F606 Crab, Chinese Mitten]	[F606 Eriocheir sinensis]
[F609 Crayfish, Noble]	[F609 Astacus astacus]
[F606 [F607 Crane, Common]]	[F606 [F607 Grus grus]]
[F606 Crayfish, Red Swamp]	[F606 Procambarus clarkii]
[F609 Crayfish, Signal]	[F609 Pacifastacus leniusculus]
[F606 Crayfish, Spiny-cheek]	[F606 Orconectes limosus]
[F609 Crayfish, Turkish]	[F609 Astacus leptodactylus]
[F606 Deer, Chinese Water]	[F606 Hydropotes inermis]
[F610 Deer, Muntjac]	[F610 Muntiacus reevesi]
[F609 Deer, Sika]	[F609 Cervus nippon]
[F611 Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer]	[F611 Any hybrid of Cervus nippon]
F608 . . .	F608 . . .
F608 . . .	F608 . . .
Dormouse, Fat	Glis glis
Duck, Carolina Wood	Aix sponsa
Duck, Mandarin	Aix galericulata
Duck, Ruddy	Oxyura jamaicensis
[F607 Eagle, White-tailed]	[F607 Haliaetus albicilla]
[F606 Flatworm]	[F606 Kontikia andersoni]
[F606 Flatworm]	[F606 Kontikia ventrolineata]
[F606 Flatworm, Australian]	[F606 Australoplana sanguinea]
[F609 Flatworm, New Zealand]	[F609 Artiposthia triangulata]
Frog, Edible	Rana esculenta
Frog, European Tree (otherwise known as Common tree frog)	Hyla arborea
Frog, Marsh	Rana ridibunda
F608 . . .	F608 . . .
[F606 Goose, Bar-headed]	[F606 Anser indicus]
[F606 Goose, Barnacle]	[F606 Branta leucopsis]
Goose, Canada	Branta canadensis
Goose, Egyptian	Alopochen aegyptiacus
[F606 Goose, Emperor]	[F606 Anser canagicus]
[F606 Goose, Snow]	[F606 Anser caerulescens]
[F606 [F607 Goshawk]]	[F606 [F607 Accipiter gentilis]]
Heron, Night	Nycticorax nycticorax
[F606 [F607 Kite, Red]]	[F606 [F607 Milvus milvus]]
[F606 Limpet, Slipper]	[F606 Crepidula fornicata]
Lizard, Common Wall	Podarcis muralis
Marmot, Prairie (otherwise known as Prairie dog)	Cynomys
Mink, American	Mustela vison
Newt, Alpine	Triturus alpestris
[F609 Newt, Italian Crested]	[F609 Triturus carnifex]
[F612 [F607 Owl, Barn]]	[F612 [F607 Tyto alba]]
[F606 Owl, Eagle]	[F606 Bubo bubo]
[F606 Oyster Drill, American]	[F606 Urosalpinx cinerea]
[F606 Parakeet, Monk]	[F606 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
[F606 Pochard, Red-crested]	[F606 Netta rufina]
F608 . . .	F608 . . .
F608 . . .	F608 . . .
Pumpkinseed (otherwise known as Sun-fish or Pond-perch)	Lepomis gibbosus
F608 . . .	F608 . . .
Rat, Black	Rattus rattus
[F606 Shelduck, Ruddy]	[F606 Tadorna ferruginea]
[F609 Snake, Aesculapian]	[F609 Elaphe longissima]
Squirrel, Grey	Sciurus carolinensis
[F606 Swan, Black]	[F606 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

F606 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)

F607 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)

F608 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)

F609 Entries in Sch. 9 Pt. I added (17.3.1992) by S.I. 1992/320, art. 2.

F610 Entry in Sch. 9 Pt. I added (5.3.1997) by S.I. 1997/226, art. 2

F611 Entries in Sch. 9 Pt. I added (28.4.1999) by S.I. 1999/1002, art. 2

F612 Entry in Sch. 9 Pt. I added (25.11.1992) by S.I. 1992/2674, art. 2.

[F613 PART IA E+W NATIVE ANIMALS

Textual Amendments

F613 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.

[F614 PART IB E+W ANIMALS NO LONGER NORMALLY PRESENT

Textual Amendments

F614 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 [F615 (but not in relation to Wales)]	Castor fiber
Boar, Wild	Sus Scrofa.

Textual Amendments

F615 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
[F616 Alexanders, Perfoliate]	[F616 Smyrnium perfoliatum]
[F616 Algae, Red]	[F616 Grateloupia luxurians]
[F616 Archangel, Variegated Yellow]	[F616 Lamiastrum galeobdolon subsp. argentatum]
[F616 Azalea, Yellow]	[F616 Rhododendron luteum]
[F616 Balsam, Himalayan]	[F616 Impatiens glandulifera]
[F616 Cotoneaster]	[F616 Cotoneaster horizontalis]
[F616 Cotoneaster, Entire-leaved]	[F616 Cotoneaster integrifolius]
[F616 Cotoneaster, Himalayan]	[F616 Cotoneaster simonsii]
[F616 Cotoneaster, Hollyberry]	[F616 Cotoneaster bullatus]
[F616 Cotoneaster, Small-leaved]	[F616 Cotoneaster microphyllus]
[F616 Creeper, False Virginia]	[F616 Parthenocissus inserta]
[F616 Creeper, Virginia]	[F616 Parthenocissus quinquefolia]
[F616 Dewplant, Purple]	[F616 Disphyma crassifolium]
[F616 Fanwort]	[F616 Cabomba caroliniana]
[F616 Fern, Water]	[F616 Azolla filiculoides]
[F616 Fig, Hottentot]	[F616 Carpobrotus edulis]
[F616 Garlic, Three-cornered]	[F616 Allium triquetrum]
Hogweed, Giant	Heracleum mantegazzianum
[F616 Hyacinth, water]	[F616 Eichhornia crassipes]
[F617 Kelp, Giant]	[F617 Macrocystis angustifolia]
[F617 Kelp, Giant]	[F617 Macrocystis integrifolia]
[F617 Kelp, Giant]	[F617 Macrocystis laevis]
Kelp, Giant	Macrocystis pyrifera
[F617 Kelp, Japanese]	[F617 Laminaria japonica]
[F616 Knotweed, Giant]	[F616 Fallopia sachalinensis]
[F616 Knotweed, Hybrid]	[F616 Fallopia japonica x Fallopia sachalinensis
[F616 Knotweed, Japanese]	[F616 Fallopia japonica]
[F618 Knotweed, Japanese]	[F618 Polygonum cuspidatum]
[F616 Leek, Few-flowered]	[F616 Allium paradoxum]
[F616 Lettuce, water]	[F616 Pistia stratiotes]
[F616 Montbretia]	[F616 Crocosmia x crocosmiiflora]
[F616 Parrot's-feather]	[F616 Myriophyllum aquaticum]
[F616 Pennywort, Floating]	[F616 Hydrocotyle ranunculoides]
[F616 Potato, Duck]	[F616 Sagittaria latifolia]
[F616 Primrose, Floating Water]	[F616 Ludwigia peploides]
[F616 Primrose, Water]	[F616 Ludwigia grandiflora]
[F616 Primrose, Water]	[F616 Ludwigia uruguayensis]
[F616 Rhododendron]	[F616 Rhododendron ponticum]
[F616 Rhododendron]	[F616 Rhododendron ponticum x Rhododendron maximum]
[F616 Rhubarb, Giant]	[F616 Gunnera tinctoria]
[F616 Rose, Japanese]	[F616 Rosa rugosa]
[F616 Salvinia, Giant]	[F616 Salvinia molesta]
[F616 Seafingers, Green]	[F616 Codium fragile]
[F618 Seafingers, Green]	[F618 Codium fragile tomentosoides]
[F617 Seaweed, Californian Red]	[F617 Pikea californica]
[F617 Seaweed, Hooked Asparagus]	[F617 Asparagopsis armata]
Seaweed, Japanese	Sargassum muticum
[F617 Seaweeds, Laver (except native species)]	[F617 Porphyra spp except -]
	[F617 p. amethystea]
	[F617 p. leucosticta]
	[F617 p. linearis]
	[F617 p. miniata]
	[F617 p. purpurea]
	[F617 p. umbilicalis]
[F616 Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed)]	[F616 Crassula helmsii]
[F617 Wakame]	[F617 Undaria pinnatifida]
[F616 Waterweed, Curly]	[F616 Lagarosiphon major]
[F616 Waterweeds]	[F616 All species of the genus Elodea.]

Textual Amendments

F616 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)

F617 Words in Sch. 9 Pt. II added (17.3.1992) by S.I. 1992/320, art. 3

F618 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)

[F619 SCHEDULE 9A E+W Species control agreements and orders (England and Wales)

Textual Amendments

F619 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.]

(introduced bysections 14AA(5) and 16(4B))

[F620 SCHEDULE 9B S Invasive alien species: defences and licences

Textual Amendments

F620 Sch. 9B inserted (1.11.2019) (S.) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(8)

Part 1 S Interpretation

Interpretation S

1. In this schedule—

• “Invasive Alien Species Regulation” means Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species,

• “contained holding” means closed facilities from which escape or spread is not possible,

• “ex-situ conservation” means the conservation of components of biological diversity outside their natural habitat,

• “invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Union list,

• “research” means descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species,

• “specimen” means a live specimen and includes any part, gamete, seed, egg or propagule of a species, as well as any hybrids, varieties or breeds that might grow, hatch or reproduce, as the case may be,

• “Union list” means the list of invasive alien species of Union concern adopted by the European Commission in accordance with Articles 4(1) and 10(4) of the Invasive Alien Species Regulation, as amended from time to time.

Part 2 S Defences

Companion animals S

2. (1) This paragraph applies where—

(a) a person is charged with an offence under section 14ZC or 14AA,

(b) the charge relates to an animal, and

(c) the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

(i) paragraph (b) (keeping, including in contained holding),

(ii) paragraph (d) (transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication).

(2) It is a defence to the charge to show that—

(a) immediately before the inclusion on the Union list of the species to which the animal belongs, the animal was kept as a companion animal,

(b) at all material times the animal was kept—

(i) as a companion animal, or

(ii) for the purpose of transporting the animal to a place mentioned in sub-paragraph (3), and

(c) at all material times—

(i) the animal was kept in contained holding, and

(ii) appropriate measures were in place to ensure that it could not reproduce or escape.

(3) The places referred to in sub-paragraph (2)(b)(ii) are—

(a) an establishment to which a relevant licence or permit has been granted,

(b) a facility to which a relevant licence has been granted,

(c) a place where the animal was to be humanely killed.

(4) In sub-paragraph (3)—

(a) “relevant licence or permit” means, in relation to an establishment—

(i) a licence granted under section 16(4)(c) by virtue of paragraph 6,

(ii) a permit granted under article 35 of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

(iii) a permit granted under any provision in legislation which applies in relation to Northern Ireland and which enables a permit to be issued in accordance with Article 8 or 9 of the Invasive Alien Species Regulation,

(b) “relevant licence” means, in relation to a facility—

(i) a licence granted under section 16(4)(c) by virtue of paragraph 7,

(ii) a licence granted under article 36(1) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), for the purpose mentioned in article 36(2)(d) of that Order,

(iii) a licence granted under any provision in legislation which applies in relation to Northern Ireland and enables a licence to be issued for the keeping of an animal by a facility until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation.

Commercial stocks

3. (1) This paragraph applies where—

(a) a person who keeps a commercial stock of specimens of invasive alien species is charged with an offence under section 14ZC, 14A or 14AA,

(b) the charge relates to such a specimen, and

(c) the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

(i) paragraph (b) (keeping, including in contained holding),

(ii) paragraph (d) (transporting to, from or within the Union, except for transportation of species to facilities in the context of eradication),

(iii) paragraph (e) (placing on the market),

(iv) paragraph (f) (using or exchanging).

(2) It is a defence to the charge to show that—

(a) the specimen was acquired by the person before the inclusion on the Union list of the species to which the specimen belongs,

(b) the activity to which the charge relates was not carried out after the end of the relevant period following the inclusion on the Union list of the species to which the specimen belongs, and

(c) that activity is mentioned in sub-paragraph (3).

(3) The activities referred to in sub-paragraph (2)(c) are—

(a) sale or transfer to an establishment which holds a relevant licence or permit, provided that the conditions in paragraph (4) are met,

(b) a scientific or medicinal activity pursuant to a relevant licence or permit, provided that the conditions in paragraph (4) are met,

(c) destruction (in the case of a plant, fungus or micro-organism) or humane killing (in the case of an animal) of the specimen to exhaust the keeper’s stock, or

(d) sale or transfer to a non-commercial user, provided that the conditions in paragraph (4) are met.

(4) The conditions referred to in sub-paragraph (3) are that, at all material times—

(a) the specimen was kept and transported in contained holding, and

(b) appropriate measures were in place to ensure that it could not reproduce or escape.

(5) For the purposes of sub-paragraph (2)(b), the relevant period is—

(a) in relation to an activity mentioned in sub-paragraph (3)(a) to (c), 2 years,

(b) in relation to an activity mentioned in sub-paragraph (3)(d), 1 year.

(6) In sub-paragraph (3), “relevant licence or permit” means—

(a) for the purposes of sub-paragraph (3)(a)—

(i) a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(i) or (ii),

(ii) a permit granted under section 35(1)(a) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

(iii) a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for research or ex-situ conservation in accordance with Article 8 of the Invasive Alien Species Regulation,

(b) for the purposes of sub-paragraph (3)(b)—

(i) a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(iii),

(ii) a permit granted under article 35(1)(b) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

(iii) a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Invasive Alien Species Regulation.

Non-commercial owners: receipt of commercial stocks

4. (1) This paragraph applies where—

(a) a person is charged with an offence under section 14ZC or 14AA, and

(b) the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

(i) paragraph (b) (keeping, including in contained holding),

(ii) paragraph (d) (transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication).

(2) It is a defence to the charge to show that—

(a) the specimen to which the charge relates was received by the person—

(i) from a keeper of commercial stocks of specimens of the species to which the specimen belongs, and

(ii) before the end of the period of one year beginning with the date on which that species was included on the Union list, and

(b) at all material times—

(i) the specimen was kept and transported in contained holding, and

(ii) appropriate measures were in place to ensure that it could not reproduce or escape.

Part 3 S Licences

Restrictions S

5. (1) The appropriate authority must not grant a licence under section 16(4)(c) permitting an activity which contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation unless any of paragraphs 6 to 9 apply—

(a) paragraph (b) (keeping, including in contained holding),

(b) paragraph (c) (breeding, including in contained holding),

(c) paragraph (d) (transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication),

(d) paragraph (f) (using or exchanging),

(e) paragraph (g) (permitting to reproduce, growing or cultivating, including in contained holding).

(2) The appropriate authority must not grant a licence under section 16(4)(c) permitting an activity which contravenes one of the following paragraphs of that Article unless paragraph 8 or 9 applies—

(a) paragraph (e) (placing on the market),

(b) paragraph (h) (releasing into the environment).

Research etc.

6. This paragraph applies if the licence—

(a) is granted to an establishment,

(b) permits an activity to be done in the course of—

(i) research on an invasive alien species,

(ii) ex-situ conservation of an invasive alien species,

(iii) scientific production, and subsequent medicinal use of, a product derived from an invasive alien species where its use is necessary for the advancement of human health, or

(iv) in exceptional circumstances, such other activities as are justified for reasons of compelling public interest, including those of a social or economic nature, in accordance with Article 9 of the Invasive Alien Species Regulation, and

(c) is subject to the conditions specified in Article 8(2) and (3) of that Regulation.

Keeping animals until the end of their natural lives

7. This paragraph applies if—

(a) the licence is granted for the purpose of the keeping of an animal by a facility (including any necessary ancillary activities such as transportation) until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation, and

(b) the appropriate authority is satisfied that all appropriate controls are in place to ensure that reproduction or escape of the animal is not possible.

Eradication measures

8. This paragraph applies if the licence is—

(a) granted for the purpose of implementation of an eradication measure pursuant to Article 17 of the Invasive Alien Species Regulation, and

(b) subject to such conditions as are, in the opinion of the appropriate authority, necessary to meet the aim of ensuring that the eradication measure to which the licence relates will be effective in achieving the complete and permanent removal of the population of the invasive alien species concerned.

Management measures

9. (1) This paragraph applies if the licence is granted for the purpose of implementation of a management measure pursuant to Article 19 of the Invasive Alien Species Regulation.

(2) But, where the licence is granted for the purpose of the commercial use, on a temporary basis, of an invasive alien species as part of such a management measure pursuant to Article 19(2) of that Regulation, this paragraph applies only if the appropriate authority is satisfied that—

(a) there is strict justification for that use, and

(b) all appropriate controls are in place to avoid any further spread of the species concerned.]

Section 15

X15 SCHEDULE 10 U.K. Amendment of the Endangered Species (Import and Export) Act 1976

Editorial Information

X15 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

[F621 SCHEDULE 10A E+W Delegation of Appellate Functions

Textual Amendments

F621 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

F622 1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F622 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

F623 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F623 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

F624 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F624 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

F625 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F625 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

F626 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F626 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

F627 6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F627 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

F628 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F628 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

F629 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F629 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.

F630 SCHEDULE 12 E+W+S Procedure in Connection With Orders Under Section 36

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

Textual Amendments

F630 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)

F631 SCHEDULE 13 E+W

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

Textual Amendments

F631 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 [F632 (which may include a direction as to the time within which an order is to be made)].

Textual Amendments

F632 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 [F633 a non-metroplitan district council ] , a parish F634 . . . council or the parish meeting of a parish not having a separate parish council [F635 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

F633 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1) , ss. 1 , 2 , 7 , Sch. 3 para. 7(8)

F634 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

F635 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 [F636 , 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 [F637 (1)(c) or] (8) shall be construed as limiting [F638 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

F636 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)

F637 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)

F638 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 [F639 , 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.

[F640 (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 [F641 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

E30 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F639 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)

F640 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)

F641 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

E61 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 [F642 , which must include particulars of the grounds relied on,] may be made;

[F643 (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

E31 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F642 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)

F643 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

E62 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

F644 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F644 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.

[F645 Hearings and local inquiries] E+W

Textual Amendments

F645 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)

[F646 10A (1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the M46 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 [F647 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 M47 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 [F648 in England] as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.

[F649 (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

F646 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)

F647 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)

F648 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)

F649 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

M46 1972 c. 70 .

M47 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 [F650 a non-metropolitan district council ] , a parish F651 . . . council or the parish meeting of a parish not having a separate parish council [F652 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

F650 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1) , ss. 1 , 2 , 7 , Sch. 3 para. 7(8)

F651 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

F652 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.

X16 SCHEDULE 16 E+W+S Orders Creating, Extinguishing or Diverting Footpaths or Bridleways

Editorial Information

X16 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.

F653 1 —4. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F653 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 M48 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 M49 Acquisition of Land (Authorisation Procedure) Act 1946.

Marginal Citations

M48 1980 c. 66 .

M49 1946 c. 49 .

Section 73.

X17 SCHEDULE 17 U.K. Enactments repealed

Editorial Information

X17 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.