http://www.legislation.gov.uk/id/ukpga/1981/69

http://www.legislation.gov.uk/ukpga/1981/69/part/I/2021-01-21

Wildlife and Countryside Act 1981

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.

1982-03-01

text

text/xml

Statute Law Database

2024-08-07

Expert Participation

2021-01-21

Wildlife and Countryside Act 1981

s. 11(2A)

Wildlife Management and Muirburn (Scotland) Act 2024

s. 1(6)(b)

s. 30

s. 35(2)

Wildlife and Countryside Act 1981

s. 11(1)(ab)-(ad)

Wildlife Management and Muirburn (Scotland) Act 2024

s. 6(2)(a)

s. 30

s. 35(2)

reg. 2(2)

Wildlife and Countryside Act 1981

s. 11(2)(aa)

(ab)

Wildlife Management and Muirburn (Scotland) Act 2024

s. 6(2)(c)(ii)

s. 30

s. 35(2)

reg. 2(2)

Wildlife and Countryside Act 1981

s. 11(3CA)

Wildlife Management and Muirburn (Scotland) Act 2024

s. 6(2)(e)

s. 30

s. 35(2)

reg. 2(2)

Wildlife and Countryside Act 1981

s. 16(1A)(c)

(d)

Wildlife Management and Muirburn (Scotland) Act 2024

s. 6(4)(a)(ii)

s. 30

s. 35(2)

reg. 2(2)

Wildlife and Countryside Act 1981

s. 17 heading

Wildlife Management and Muirburn (Scotland) Act 2024

s. 6(5)(b)

s. 30

s. 35(2)

reg. 2(2)

Wildlife and Countryside Act 1981

s. 26(2)(f) and word

Wildlife Management and Muirburn (Scotland) Act 2024

s. 6(7)(a)

s. 30

s. 35(2)

reg. 2(2)

Wildlife and Countryside Act 1981

s. 26(3)(f) and word

Wildlife Management and Muirburn (Scotland) Act 2024

s. 6(7)(b)

s. 30

s. 35(2)

reg. 2(2)

Wildlife and Countryside Act 1981

s. 12A-12G and cross-heading

Wildlife Management and Muirburn (Scotland) Act 2024

s. 7(2)

s. 30

s. 35(2)

Wildlife and Countryside Act 1981

s. 16A(1A)

Wildlife Management and Muirburn (Scotland) Act 2024

s. 7(4)(a)

s. 30

s. 35(2)

Wildlife and Countryside Act 1981

s. 16A(ab)

Wildlife Management and Muirburn (Scotland) Act 2024

s. 7(4)(b)

s. 30

s. 35(2)

Wildlife and Countryside Act 1981

s. 16A(5B)

Wildlife Management and Muirburn (Scotland) Act 2024

s. 7(4)(c)

s. 30

s. 35(2)

Wildlife and Countryside Act 1981

s. 21(ga)

(gb)

Wildlife Management and Muirburn (Scotland) Act 2024

s. 7(6)

s. 30

s. 35(2)

Wildlife and Countryside Act 1981

s. 26(2)(c)

Wildlife Management and Muirburn (Scotland) Act 2024

s. 7(7)(a)(ii)

s. 30

s. 35(2)

Wildlife and Countryside Act 1981

s. 26(3)(c)

Wildlife Management and Muirburn (Scotland) Act 2024

s. 7(7)(b)(ii)

s. 30

s. 35(2)

Wildlife and Countryside Act 1981

s. 53(3)(c)

(ia)

Deregulation Act 2015

Sch. 7

para. 2(b)

s. 115(7)

Wildlife and Countryside Act 1981

s. 53B(4A)

(4B)

Deregulation Act 2015

Sch. 7

para. 4

s. 115(7)

Wildlife and Countryside Act 1981

s. 53ZA

Deregulation Act 2015

Sch. 7

para. 3

s. 115(7)

Wildlife and Countryside Act 1981

s. 54B

54C

Deregulation Act 2015

Sch. 7

para. 5

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 13A

Deregulation Act 2015

Sch. 7

para. 6

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 14A

Deregulation Act 2015

Sch. 7

para. 7

s. 115(7)

Part I Wildlife

Protection of birds F295and prevention of poaching

Annotations:

Amendments (Textual)

F295

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)

E11 Protection of wild birds, their nests and eggs.

1

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

this Part and orders made under it,

b

the Protection of Birds Acts 1954 to 1967 F21 and orders made under those Acts,

c

any other legislation which implements F22 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 F23 , or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 F24 , and

d

the provisions of the law of any member State (other than the United Kingdom) implementing F25the Wild Birds Directive.

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.

F8. . .

F93A

In subsection (3)—

“ the relevant provisions ” means such of the provisions of—
1. a
  the Protection of Birds Acts 1954 to 1967 and orders made under those Acts, and
2. 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—
1. a
  Council Regulation 338/97/ EC on the protection of species of wild fauna and flora by regulating trade, and
2. b
  Commission Regulation 1808/2001/ EC on the implementation of that Council Regulation,
as amended from time to time (or any F270EU instrument replacing either of them).

4

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Subject to the provisions of this Part, if any person intentionally F11or 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 offenceF12. . . .

F135A

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.

F2806

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 E32 Exceptions to s. 1.

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.

C1 C176

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.

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 F286section 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 F283such 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 F284as he considers appropriate.

E43 Areas of special protection.

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

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.

E64F323Further exceptions to s. 1

1

Nothing in section 1 F327... shall make unlawful—

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 F40(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.

E95 Prohibition of certain methods of killing or taking wild birds.

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; F43 . . .

e

uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, F44 ; 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 offenceF45. . . .

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.

F464A

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 M4Protection 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.

E85 Prohibition of certain methods of killing or taking wild birds.

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 F42likely 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

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

e

uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, F44 ; 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 offenceF45. . . .

2

3

4 F464A

5

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 F52 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

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8A

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E106 Sale etc. of live or dead wild birds, eggs etc.

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 F290..., or an egg of a wild bird or any part of such an egg F291other 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.

F2751A

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—

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.

F2745B

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.

F2946

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—

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 F62which 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.

F633A

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 F64ZA1 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 F64ZA1 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;

F65ca

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 M7Rehabilitation of Offenders Act 1974.

F666

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

F667

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

E127 Registration etc. of certain captive birds.

1

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.

C2F552A

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 F56within 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); F57. . .

b

any other offence involving their ill-treatmentF58; or

c

any offence under the F430Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703) relating to birds (other than an offence F431under 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 personF59 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 M6Rehabilitation of Offenders Act 1974.

F3265A

F3526

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

F3527

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

8 Protection of captive birds.

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 offenceF67. . . .

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 offenceF68. . . .

Protection of other animals F296and prevention of poaching

Annotations:

Amendments (Textual)

F296

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)

E159 Protection of certain wild animals.

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

F804

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.

F814A

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.

E149 Protection of certain wild animals.

1

Subject to the provisions of this Part, if any person intentionally F69or recklessly kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.

2

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 F70at or from a place in Scotland otherwise than in contravention of the relevant provisions; F71. . .

b

the animal or other thing in his possession or control had been sold F72at a place in Scotland (whether to him or any other person) otherwise than in contravention of those provisions F73; 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.

F74. . .

F753A

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—
1. a
  Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade, and
2. 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 F76or 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.

F774A

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

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.

F785A

6

In any proceedings for an offence under subsection (1), (2) or (5)(a) F79or 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.

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.

E1710 Exceptions to s. 9.

1

Nothing in section 9 shall make unlawful—

a

b

anything done under, or in pursuance of an order made under, the M10Animal 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

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 F84 (“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.

F853A

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

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 F86conservation bodyF83for 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

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.

F876A

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.

10AF315Protection of wild hares etc.

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.

sets in position F99or 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 F404(2)(a), (d) or (e), F97and 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.

staked to the ground; nor

ii

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.

F3313D

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

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 F954A

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 F387the 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);
F388“chief constable” means the chief constable of the Police Service of Scotland
F389...

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).

11CSnares: authorisation from landowners etc.

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.

11DSnares: presumption arising from identification number

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.

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.

11FSnaring: review and report to the Scottish Parliament

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.

11GF297Prevention of poaching: wild hares, rabbits etc.

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.

11HExceptions to s. 11G

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.

11IF316Sale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully

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.

12YAF332Relaxation of restriction on night shooting of hares and rabbits

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

12 Protection of certain mammals.

~~F341Schedule 7, which amends the law relating to the protection of certain mammals, shall have effect.~~

Protection of plants

E2113 Protection of wild plants.

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.

E2013 Protection of wild plants.

1

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

a

intentionally F100or recklessly picks, uproots or destroys

F101i

any wild plant included in Schedule 8; or

F102ii

any seed or spore attached to any such wild plant; or

b

not being an authorised person, intentionally F103or 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

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 F104 (“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.

F1053A

4

In any proceedings for an offence under subsection (2)(a) F106or 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.

Miscellaneous

E23 C4 C5 C1614 Introduction of new species etc.

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 IF393, 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.

F4324ZA

Subsection (1)(a) does not apply to species included on F449the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council, as amended from time to time.

F3984A

Schedule 9A contains provision about species control agreements and orders and related matters.

F1075

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

F1076

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

E22 C1614 Introduction of new species etc.

F3451

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

F3546

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

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.

14ZBF110Codes of practice in connection with F395species which are non-native or included in Schedule 9

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—

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.

14AF111Prohibition on sale etc. of F366invasive animals or plants

F3671

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.

F3683

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.

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 F450and section 14AB—

“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 F451Scottish list of species of special concern.
F452“the Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.

F44814AB

Contravention of emergency measures

1

Section (2) applies where regulations made under Article 10 of the Invasive Alien Species Regulation (emergency measures) provide that a restriction set out in one of the following paragraphs of Article 7(1) of that Regulation applies to a species specified in those regulations as it applies to an invasive alien species—

a

paragraph (b) (keeping, including in contained holding),

b

paragraph (c) (breeding, including in contained holding),

c

paragraph (d) (transporting to, from or within Scotland, 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).

2

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.

14CF333Non-native species etc.: code of practice

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 F419, 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 F412... 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;

F421ia

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;

F420ba

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, F42214AA, 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.

F42311

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.

14DF355Power to make species control orders

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

14EEmergency species control orders

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.

14FContent of species control orders

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

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.

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.

14JReview of species control orders

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.

14KOffences in relation to species control orders

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.

14LEnforcement of operations under species control orders

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)).

14MSpecies control orders: powers of entry

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).

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.

14OSpecies control orders: powers of entry: supplemental

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.

X11

The M11Endangered 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 F108GB 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.

15AF112Possession of pesticides

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), F445...

F446aa

Regulation (EC) 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market, as amended, extended or applied from time to time,

F392b

Regulation (EU) No 528/2012 of the European Parliament and of the CouncilF447of 22 May 2012 concerning the making available on the market and use of biocidal products, as amended, extended or applied from time to time.

F3422A

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.

Supplemental

C6 E24 C1816 Power to grant licences.

1

Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—

F113a

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;

F114ca

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;

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.

F4333ZZA

Subsection (3)(c), so far as relating to section 11(2) in its application to mustela erminea (stoat, otherwise known as ermine), is to be read as if the reference to wild animals included wild birds.

F4103ZA

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

b

sections 9(5) and 13(2); and

c

F118sections 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 F119subsections (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

F391c

“Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

C7 E25 C1816 Power to grant licences.

1

Sections 1, 5, 6(3), 7 and 8 F334... do not apply to anything done—

F136a

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;

F137ca

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;

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; F298...

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 F299; 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.

F4103ZA

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)).

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.

F2773A

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) F319, 11I(1) and 13(2); and

c

F146sections 14 F356, 14ZCF415, 14A and 14AA,

do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.

F1474A

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.

F4164B

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 F148subsections (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.

b

any conditions specified in the licence were complied with.

“the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009.

F391c

“Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

F301F15913

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

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.

18 Attempts to commit offences etc.

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.

E40 C818A F261Wildlife inspectors

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.

an offence under section 18 committed in relation to any of the offences mentioned in paragraph (a).

C9 E4218B F261Group 1 offences and licences: power to enter premises

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.

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).

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.

18D Group 2 offences and licences etc. : power to enter premises

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

“Specimen” and “sample” have the same meaning as in section 18C.

6

This section is subject to section 18F.

C1118F Restrictions on taking of samples from live specimens

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.

E2719 Enforcement.

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

F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F172or has committed an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) F173or arresting a person, in accordance with F174section 24 of Police and Criminal Evidence Act 1984, for such an offence, F175enter any premises other than a dwelling.

F1762A

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.

C123

If a justice of the peace is satisfied by information on oath that there are reasonable grounds for F177suspecting 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 F178. . . 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.

F3999

This section does not apply in relation to offences under Schedule 9A.

E2619 Enforcement.

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

F161search for, search or examine any thing which that person may then be using or F162may 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 F163in or on that thing;

c

arrest that person F164. . . ;

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 F165or 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 F166dwelling or lockfast premises.

3

If a justice of the peace is satisfied by F167evidence on oath that there are reasonable grounds for suspecting that F168an 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 F169to 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.

F1704

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.

19XAF262Constables' powers in connection with samples

1

A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred F179by 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).

F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19ZB Power to take samples.

F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 8(1), 9(5), F37211I(1), 13(2), 14, 14ZC, 14A, F42514AA, 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—
1. a
  a registration in accordance with regulations under section 7(1); or
2. b
  a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), F37311I(1), 13(2), 14, 14ZC F426, 14A or 14AA;
“specimen” means any bird, other animal F427, plant, fungus or micro-organism or any part of, or anything derived from, a bird, other animal F427, plant, fungus or micro-organism.

C14 19ZD Power to take samples: Scotland

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), F37411I(1), 13(2), 14, 14ZC, 14A, F42814AA, 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), F37411I(1), 13(2), 14, 14ZC, 14A, F42914AA, 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.

F375c

“tissue” means any type of biological material other than blood.

F18219A Evidence in Scotland F320in certain proceedings.

In any proceedings in Scotland for F321any of the following offences, the accused may be convicted on the evidence of one witness F322—

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).

E2920F186Proceedings for summary offences.

F1871

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

2

F188Proceedings 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.

E2820F437Proceedings for summary offences

1

F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

F436Proceedings for an offence under this Part which is triable only summarily 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 F184three years after the commission of the offence F185or, in the case of a continuous contravention, after the last date on which the offence was committed.

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 F201or 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.

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 F358, 14ZC, 14A, F41714AA,F45414AB, 14B or 14K, any animal F418, 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 E3222 Power to vary Schedules.

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 F202Schedules 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 F203to 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

F204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2053A

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 F396, IA or IB of Schedule 9; and

b

add any plants to, or remove any plants from, Part II of that Schedule.

F4116

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).

E3322 Power to vary Schedules.

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

F206a

add any bird to, or remove any bird from, any of or any Part of Schedules F207A1 to 4.

F208b

add any animal to, or remove any animal from, Schedule 5 F302, 5A, 6 or 6AF359...;

c

add any plant to, or remove any plant from, Schedule 8 F360....

2 F2792ZA

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.

F2092A

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 F210to 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

F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2123A

The 2006 Act means the Natural Environment and Rural Communities Act 2006.

4

F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4116

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).

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).

E3424F214Functions of GB conservation bodies

1

The F215GB 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 F21630th 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

F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2181A

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 F219to that advice being given.

F2203

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 F221GB conservation bodies shall include power to advise or assist—

a

any constable;

b

any proper officer of a local authority; or

F222c

any wildlife inspector,

in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.

E3524F223Functions of GB conservation bodies

1

The F224GB 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 F22530th 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

F226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2271A

The 2006 Act means the Natural Environment and Rural Communities Act 2006.

2 F2293

The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.

4

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.

F3973

Nothing in this section applies in relation to Schedule 9A or orders or offences under it.

E3726 Regulations, orders, notices etc.

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—

F348a

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;

F349b

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.

F4007

In this section references to orders do not include species control orders under Schedule 9A.

E3626 Regulations, orders, notices etc.

1

Any power to make regulations or orders under F364a 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 F303—

a

an order under any of sections 2(6), F337... 5 F338, 10A(4)F304orF23111(4)F305; 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 F306—

a

order under section 5 or F23111(4)F307; or

b

b

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

6 26AF264Enforcement of wildlife legislation

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 F233 (that is, the Directive as amended from time to time by any other F270EU 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.

26BF344Annual report on wildlife crime

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.

E3827 Interpretation of Part I.

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—
1. a
  the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;
2. b
  any person authorised in writing by the local authority for the area within which the action authorised is taken;
3. c
  as respects anything done in relation to wild birds, any person authorised in writing F234 by—
  1. 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);
  2. ii
    any of the following bodies, that is to say, F235any of the F236GB conservation bodies, F237. . . a district board for a fishery district within the meaning of the M16Salmon Fisheries (Scotland) Act 1862 F268or an inshore fisheries and conservation authorityF238...;
4. d
  F381any person authorised in writing by—
  1. i
    the Environment Agency, in relation to anything done in England;
  2. ii
    the Natural Resources Body for Wales, in relation to anything done in Wales; or
  3. 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 M18Firearms Act 1968;
“game bird” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;
F239 “inland waters” means—
1. a
  inland waters within the meaning of the Water Resources Act 1991; M19
2. b
  any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;
3. c
  controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M20 other than ground waters as defined in section 30A(1)(d) of that Act.
F269 “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—
1. a
  for the provision of food, wool, skins or fur;
2. b
  for the purpose of its use in the carrying on of any agricultural activity; or
3. c
  for the provision or improvement of shooting or fishing;
“local authority” means—
1. a
  in relation to England F240. . ., a county, district or London borough council F241. . .;
2. aa
  F242in relation to Wales, a county council or county borough council;
3. b
  in relation to Scotland, a F243council 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;
F244 “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;
F245......
“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 F246species which is ordinarily resident in or is a visitor to F455the United Kingdom orF247the 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;
F248 “the Wild Birds Directive” means F402Directive 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.
F249 “wildlife inspector” has the meaning given by F250 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.

F2513A

In this Part “the GB conservation bodies” means—

a

Natural England,

b

F382the 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.

E3927 Interpretation of Part I.

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—
1. a
  the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;
2. b
  any person authorised in writing by the local authority for the area within which the action authorised is taken;
3. 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, F235any of the F252GB conservation bodies, F237. . . a district board for a fishery district within the meaning of the M16Salmon Fisheries (Scotland) Act 1862 F238...M17 F238...;
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 M18Firearms Act 1968;
F312...
F239 “inland waters” means—
1. a
  inland waters within the meaning of the Water Resources Act 1991; M19
2. b
  any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;
3. c
  controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M20 other than ground waters as defined in section 30A(1)(d) of that Act.
“livestock” includes any animal which is kept—
1. a
  for the provision of food, wool, skins or fur;
2. b
  for the purpose of its use in the carrying on of any agricultural activity; or
3. c
  for the provision or improvement of shooting or fishing;
“local authority” means—
1. a
  in relation to England F240. . ., a county, district or London borough council F241. . .;
2. aa
  F242in relation to Wales, a county council or county borough council;
3. b
  in relation to Scotland, a F243council 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 F253the 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;
F245...
“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 F254species which is ordinarily resident in or is a visitor to F456the United Kingdom orF255any member State or the European territory of any member State in a wild state but does not include poultry F313...;
“wild plant” means any plant F256(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.

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 F260 27ZAF265Application of Part 1 to England and Wales

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

Part I Wildlife

Protection of birds F295and prevention of poaching

E11 Protection of wild birds, their nests and eggs.

1

a

F14aa

b

c

2

a

b

3

a

b

F4013ZA

F203A

a

b

c

d

4

5

a

b

F266

6A

7

E441 Protection of wild birds, their nests and eggs.

1

a

b

F3ba

bb

c

2

a

b

3

a

b

c

i

ii

F93A

4

5

a

b

F135A

5B

5C

F2806

a

b

7

E32 Exceptions to s. 1.

1

2

a

b

c

3

4

a

b

c

d

5

C1C176

7

E22 Exceptions to s. 1F271: acts by certain persons outside close season.

1

F2721A

a

i

ii

b

i

ii

2

C1 C176

F324 E53 Areas of special protection.