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Wildlife and Countryside Act 1981
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- UK Public General Acts
- 1981 c. 69
- Part I
- Protection of plants
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Changes over time for: Cross Heading: Protection of plants
Version Superseded: 01/10/2004
Alternative versions:
- 01/02/1991- Amendment
- 13/02/2004
Point in time - 01/10/2004- Amendment
- 01/01/2012- Amendment
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Point in time view as at 13/02/2004.
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Wildlife and Countryside Act 1981, Cross Heading: Protection of plants is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Protection of plantsE+W+S
13 Protection of wild plants.E+W+S
(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.
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