Wildlife and Countryside Act 1981

SCHEDULES

[F1 SCHEDULE ZA1 E+W Birds which re-use their nests

Textual Amendments

F1 Sch. ZA1 inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 47, 107; S.I. 2006/1382, art. 2

NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]
Common name	Scientific name
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Osprey	Pandion haliaetus

[F2 Schedule A1 S Protected nests and nest sites: birds

Textual Amendments

F2 Sch. A1 inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 24; S.S.I. 2004/495, art. 2

Common name	Scientific name
Eagle, White-tailed	Haliaetus albicilla]

Sections 1, 2, 4, 6, 19 and 22.

SCHEDULE 1 E+W+S Birds which are Protected by Special Penalties

Part I E+W+S At All Times

Common name	Scientific name
Avocet	Recurvirostra avosetta
Bee-eater	Merops apiaster
Bittern	Botaurus stellaris
Bittern, Little	Ixobrychus minutus
Bluethroat	Luscinia svecica
Brambling	Fringilla montifringilla
Bunting, Cirl	Emberiza cirlus
Bunting, Lapland	Calcarius lapponicus
Bunting, Snow	Plectrophenax nivalis
Buzzard, Honey	Pernis apivorus
[F3 Capercaillie]	[F3 Tetracurogallus]
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
Crake, Spotted	Porzana porzana
Crossbills (all species)	Loxia
Curlew, Stone	Burhinus oedicnemus
Divers (all species)	Gavia
Dotterel	Charadrius morinellus
Duck, Long-tailed	Clangula hyemalis
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Falcon, Gyr	Falco rusticolus
Fieldfare	Turdus pilaris
Firecrest	Regulus ignicapillus
Garganey	Anas querquedula
Godwit, Black-tailed	Limosa limosa
Goshawk	Accipiter gentilis
Grebe, Black-necked	Podiceps nigricollis
Grebe, Slavonian	Podiceps auritus
Greenshank	Tringa nebularia
Gull, Little	Larus minutus
Gull, Mediterranean	Larus melanocephalus
Harriers (all species)	Circus
Heron, Purple	Ardea purpurea
Hobby	Falco subbuteo
Hoopoe	Upupa epops
Kingfisher	Alcedo atthis
Kite, Red	Milvus milvus
Merlin	Falco columbarius
Oriole, Golden	Oriolus oriolus
Osprey	Pandion haliaetus
Owl, Barn	Tyto alba
Owl, Snowy	Nyctea scandiaca
Peregrine	Falco peregrinus
Petrel, Leach’s	Oceanodroma leucorhoa
Phalarope, Red-necked	Phalaropus lobatus
Plover, Kentish	Charadrius alexandrinus
Plover, Little Ringed	Charadrius dubius
Quail, Common	Coturnix coturnix
Redstart, Black	Phoenicurus ochruros
Redwing	Turdus iliacus
Rosefinch, Scarlet	Carpodacus erythrinus
Ruff	Philomachus pugnax
Sandpiper, Green	Tringa ochropus
Sandpiper, Purple	Calidris maritima
Sandpiper, Wood	Tringa glareola
Scaup	Aythya marila
Scoter, Common	Melanitta nigra
Scoter, Velvet	Melanitta fusca
Serin	Serinus serinus
Shorelark	Eremophila alpestris
Shrike, Red-backed	Lanius collurio
Spoonbill	Platalea leucorodia
Stilt, Black-winged	Himantopus himantopus
Stint, Temminck’s	Calidris temminckii
Swan, Bewick’s	Cygnus bewickii
Swan, Whooper	Cygnus cygnus
Tern, Black	Chlidonias niger
Tern, Little	Sterna albifrons
Tern, Roseate	Sterna dougallii
Tit, Bearded	Panurus biarmicus
Tit, Crested	Parus cristatus
Treecreeper, Short-toed	Certhia brachydactyla
Warbler, Cetti’s	Cettia cetti
Warbler, Dartford	Sylvia undata
Warbler, Marsh	Acrocephalus palustris
Warbler, Savi’s	Locustella luscinioides
Whimbrel	Numenius phaeopus
Woodlark	Lullula arborea
Wryneck	Jynx torquilla

Textual Amendments

F3 Sch. 1 Pt. I: Words inserted (S.) (4.11.2001) by S.S.I. 2001/337, reg. 2(3)

Part II E+W+S During the Close Season

Common name	Scientific name
Goldeneye	Bucephala clangula
Goose, Greylag (in Outer Hebrides, Caithness, Sutherland and Wester Ross only)	Anser anser
Pintail	Anas acuta

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the comon name or names shall not be taken into account.

[F4 Schedule 1A S Birds which are protected from harassment

Textual Amendments

F4 Sch. 1A inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 25; S.S.I. 2004/495, art. 2

Common name	Scientific name
Eagle, White-tailed	Haliaetus albicilla]

Sections 2, 3, and 22.

SCHEDULE 2 E+W+S Birds Which May Be Killed or Taken

Part I E+W+S Outside the Close Season

Common name	Scientific name
[F5 Capercaillie]	[F5 Tetrao urogallus]
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Gadwall	Anas strepera
Goldeneye	Bucephala clangula
Goose, Canada	Branta canadensis
Goose, Greylag	Anser anser
Goose, Pink-footed	Anser brachyrhynchus
Goose, White-fronted (in England and Wales only)	Anser albifrons
Mallard	Anas platyrhynchos
Moorhen	Gallinula chloropus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Textual Amendments

F5 Sch. 2 Pt. 1 words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(4)

Part II E+W+S By Authorised Persons at all Times

Common name	Scientific name
F6 . . .	F6 . . .
F6 . . .	F6 . . .
F6 . . .	F6 . . .
F6 . . .	F6 . . .
F6 . . .	F6 . . .
F6 . . .	F6 . . .
F6 . . .	F6 . . .
F6 . . .	F6 . . .
F6 . . .	F6 . . .
F6 . . .	F6 . . .
F6 . . .	F6 . . .
F6 . . .	F6 . . .
F6 . . .	F6 . . .

Textual Amendments

F6 Words in Sch.2 Pt. II removed (01.01.1993) by S.I. 1992/3010, art.2.

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 6 and 22.

SCHEDULE 3 E+W+S Birds which may be Sold

Part I E+W+S Alive at all Times if Ringed and Bred in Captivity

Common name	Scientific name
Blackbird	Turdus merula
Brambling	Fringilla montifringilla
Bullfinch	Pyrrhula pyrrhula
Bunting, Reed	Emberiza schoeniclus
Chaffinch	Fringilla coelebs
Dunnock	Prunella modularis
Goldfinch	Carduelis carduelis
Greenfinch	Carduelis chloris
Jackdaw	Corvus monedula
Jay	Garrulus glandarius
Linnet	Carduelis cannabina
Magpie	Pica pica
Owl, Barn	Tyto alba
Redpoll	Carduelis flammea
Siskin	Carduelis spinus
Starling	Sturnus vulgaris
Thrush, Song	Turdus philomelos
Twite	Carduelis flavirostris
Yellowhammer	Emberiza citrinella

Part II E+W+S Dead at all Times

Common name	Scientific name
F7 . . .	F7 . . .
Woodpigeon	Columba palumbus

Textual Amendments

F7 Words in Sch. 3 Pt. II removed (01.01.1993) by S.I. 1992/3010, art.3.

Part III E+W+S Dead from 1st September to 28th February

Common name	Scientific name
[F8 Capercaillie]	[F8 Tetrao urogallus]
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Mallard	Anas platyrhynchos
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Textual Amendments

F8 Sch. 3 Pt. III: Words omitted (S.) (4.11.2001) by S.S.I. 2001/337, reg. 2(5)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 7 and 22.

SCHEDULE 4 E+W+S Birds Which Must Be Registered and Ringed if Kept in Captivity

Common name	Scientific name
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F10 . . .	F10 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
[F11 Falcons (all species)]	[F11 Falconidae]
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
[F11 Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case)]	[F11 Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps)]
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F10 . . .	F10 . . .
Osprey	Pandion haliaetus
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F9 . . .	F9 . . .
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F9 . . .	F9 . . .
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F9 . . .	F9 . . .
F10 . . .	F10 . . .
F10 . . .	F10 . . .
F12 . . .

Textual Amendments

F9 Entries in Sch. 4 removed (24.5.1994) by S.I. 1994/1151, art. 2

F10 Sch. 4: entries omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356), arts. 2, 3(1)(2); and those same entries omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780), art. 2(2); and those same entries removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418), art. 2(1)

F11 Sch. 4: entries removed (24.5.1994) subject to specified exceptions by The Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 (S.I. 1994/1151), art. 2; and further specified entries (except the entries for Falcon, Peregrine (Falco peregrinus) and Merlin (Falco columbarius) under the heading "Falcons (all species)" and except the entries for Buzzard, Honey (Pernis apivorus), Eagle, Golden (Aquila chrysaetos), Eagle, White-tailed (Haliaeetus albicilla), Goshawk (Accipter gentilis), Harrier, Marsh (Circus aeruginosus) and Harrier, Montagu's (Circus pygargus) under the heading "Hawks, True") omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356), arts. 2, 3(1)(2); and those same specified entries omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780), art. 2(2); and those same specified entries removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418), art. 2(1)

F12 Sch. 4: words omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356), arts. 2, 3(3); and those same words omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780), art. 2(3); and those same words removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418), art. 2(2)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 9, 10, 22 and 24.

F13 SCHEDULE 5 E+W Animals which are Protected

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F13 By S.I. 1988/288, art. 2(2) it is provided that all Dolphins (Cetacea) and all Porpoises (Cetacea) not already listed in Schedule 5 are added to that Schedule and by S.I. 2007/1843, reg. 7(7)(g) it is provided that said Dolphins (all species) and Porpoises (all species) are omitted (E.W.) (21.8.2007)

Common name	Scientific name
[F14 Adder (in respect of section 9(5) only)]	[F14 Vipera berus]
[F15 Allis Shad (in respect of section 9(1) and (4)(a) only)]	[F15 Alosa alosa]
[F16 Anemone, Ivell’s Sea]	[F16 Edwardsia ivelli]
[F16 Anemone, Startlet Sea]	[F16 Nematosella vectensis]
[F16 Apus]	[F16 Triops cancriformis]
Bats, Horseshoe (all species [F17 but in respect of section 9(4)(b) and (c) and (5) only])	Rhinolophidae
Bats, Typical (all species [F18 but in respect of section 9(4)(b) and (c) and (5) only])	Vespertilionidae
[F19 Beetle]	[F19 Graphoderus zonatus]
[F19 Beetle]	[F19 Hypebaeus flavipes]
[F19 Beetle]	[F19 Paracymus aeneus]
[F19 Beetle, Lesser Silver Water]	[F19 Hydrochara caraboides]
[F19 Beetle, Mire Pill (in respect of section 9(4)(a) only)]	[F19 Curimopsis nigrita]
Beetle, Rainbow Leaf	Chrysolina cerealis
[F20 Beetle, Stag (in respect of section 9(5) only)]	[F20 Lucanus cervus]
[F16 Beetle, Violet Click]	[F16 Limoniscus violaceus]
Burbot	Lota lota
. . . F21	. . . F21
[F22 Butterfly, Northern Brown Argus]	[F22 Aricia artaxerxes]
[F22 Butterfly, Adonis Blue]	[F22 Lysandra bellargus]
[F22 Butterfly, Chalkhill Blue]	[F22 Lysandra coridon]
[F22 Butterfly, Silver-studded Blue]	[F22 Plebejus argus]
[F22 Butterfly, Small Blue]	[F22 Cupido minimus]
[F15 Butterfly, Large Copper]	[F15 Lycaena dispar]
[F22 Butterfly, Purple Emperor]	[F22 Apatura iris]
[F22 Butterfly, Duke of Burgandy Fritillary]	[F22 Hamearis lucina]
[F22 Butterfly, Glanville Fritillary]	[F22 Melitaea cinxia]
Butterfly, Heath Fritillary	Mellicta athalia (otherwise known as Melitaea athalia)
[F23 Butterfly, High Brown Fritillary]	[F23 Argynnis adippe]
[F15 Butterfly, Marsh Fritillary]	[F15 Eurodryas aurinia]
[F22 Butterfly, Pearl-bordered Fritillary]	[F22 Boloria euphrosyne]
[F22 Butterfly, Black Hairstreak]	[F22 Strymonidia pruni]
[F22 Butterfly, Brown Hairstreak]	[F22 Thecla betulae]
[F22 Butterfly, White Letter Hairstreak]	[F22 Stymonida w-album]
[F22 Butterfly, Large Heath]	[F22 Coenonympha tullia]
Butterfly, Large Blue[F24 (in respect of section 9(4)(b) and (c) and (5) only)]	Maculinea arion
[F22 Butterfly, Mountain Ringlet]	[F22 Erebia epiphron]
. . . F21	. . . F21
[F22 Butterfly, Chequered Skipper]	[F22 Carterocephalus palaemon]
[F22 Butterfly, Lulworth Skipper]	[F22 Thymelicus acteon]
[F22 Butterfly, Silver Spotted Skipper]	[F22 Hesperia comma]
Butterfly, Swallowtail	Papilio machaon
[F22 Butterfly, Large tortoiseshell]	[F22 Nymphalis polychloros]
[F22 Butterfly, Wood White]	[F22 Leptidea sinapis]
[F16 Cat, Wild][F24 (in respect of section 9(4)(b) and (c) and (5) only)]	[F16 Felis silverstris]
[F16 Cicada, New Forest]	[F16 Cicadetta montana]
[F25 Crayfish, Atlantic Stream]	[F25 Austropotamobius pallipes]
Cricket, Field	Gryllus campestris
Cricket, Mole	Gryllotalpa gryllotalpa
[F20 Dameselfly, Southern]	[F20 Coenagrion mercuriale]
F26 . . .	F26 . . .
F26 . . .	F26 . . .
[F27 “Dolphins (all species but in respect of section 9(4A) and (5) only)	Cetacea”]
[F16 Dormouse][F24 (in respect of section 9(4)(b) and (c) and (5) only)]	[F16 Muscardinus avellanarius]
Dragonfly, Norfolk Aeshna	Aeshna isosceles
Frog, Common (in respect of section 9(5) only)	Rana temporaria
[F20 Goby, Couch’s]	[F20 Gobius couchii]
[F20 Goby, Giant]	[F20 Gobius cobitis]
Grasshopper, Wart-biter	Decticus verrucivorus
[F19 Hatchet Shell, Northern]	[F19 Thyasira gouldi]
[F20 Hydroid, Marine]	[F20 Clavopsella navis]
[F19 Lagoon Snail]	[F19 Paludinella littorina]
[F19 Lagoon Snail, De Folin’s]	[F19 Caecum armoricum]
[F19 Lagoon Worm, Tentacled]	[F19 Alkmaria romijni]
[F16 Leech, Medicinal]	[F16 Hirudo medicinalis]
Lizard, Sand[F24 (in respect of section 9(4)(b) and (c) and (5) only)]	Lacerta agilis
[F28 Lizard, Viviparous (in respect of section 9(5) only)]	[F28 Lacerta vivipara]
[F16 Marten, Pine]	[F16 Martes martes]
[F16 Mat. Trembling Sea]	[F16 Victorella pavida]
Moth, Barberry Carpet	Pareulype berberata
Moth, Black-veined	Siona lineata (otherwise known as Idaea lineata)
Moth, Essex Emerald	Thetidia smaragdaria
[F20 Moth, Fiery Clearwing]	[F20 Bembecia chrysidiformis]
[F20 Moth, Fisher’s Estuarine][F29 (in respect of section 9(4)(b) and (c) and (5) only)]	[F20 Gortyna borelii]
Moth, New Forest Burnet	Zygaena viciae
Moth, Reddish Buff	Acosmetia caliginosa
[F19 Moth, Sussex Emerald]	[F19 Thalera fimbrialis]
F30 . . .	F30 . . .
[F20 Mussel, Fan (in respect of section 9(1), (2) and (5) only)]	[F20 Atrina fragilis]
[F31 Mussel, Freshwater Pearl]	[F31 Margaritifera margaritifera]
[F32 Newt, Great Crested or Warty (in respect of section 9(4)(b) and (c) and (5) only)]	Triturus cristatus
Newt, Palmate (in respect of section 9(5) only)	Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)	Triturus vulgaris
Otter, Common[F24 (in respect of section 9(4)(b) and (c) and (5) only)]	Lutra lutra
F26 . . .	F26 . . .
[F33 “Porpoises (all species but in respect of section 9(5) only)	Cetacea”]
[F16 Sandworm, Lagoon]	[F16 Armandia cirrhosa]
[F19 Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only]	[F19 Eunicella verrucosa]
[F34 Seahorse, Short Snouted (with respect to England [F35 and Wales]only)]	[F34 Hippocampus hippocampus]
[F34 Seahorse, Spiny (with respect to England [F36 and Wales]only)]	[F34 Hippocampus guttulatus]
[F19 Sea Slug, Lagoon]	[F19 Tenellia adspersa]
[F20 Shad, Twaite (in respect of section 9(4)(a) only)]	[F20 Alosa fallax]
[F34 Shark, Angel (in respect of section 9(1) only and with respect to England [F37 and Wales], other than the excluded waters, only)]	[F34 Squatina squatina]
[F20 Shark, Basking]	[F20 Cetorhinus maximus]
[F16 Shrimp, Fairy]	[F16 Chirocephalus diaphanus]
[F16 Shrimp, Lagoon Sand]	[F16 Gammarus insensiblis]
[F28 Slow-worm (in respect of section 9(5) only)]	[F28 Anguis fragilis]
F21 . . .	F21 . . .
Snail, Glutinous	Myxas glutinosa
[F34 Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England [F38 and Wales]only)]	[F34 Helix pomatia]
Snail, Sandbowl	Catinella arenaria
[F28 Snake, Grass (in respect of section 9(5) only)]	[F28 Natrix helvetica (also known as Natrix natrix)]
Snake, Smooth[F24 (in respect of section 9(4)(b) and (c) and (5) only)]	Coronella austriaca
Spider, Fen Raft	Dolomedes plantarius
Spider, Ladybird	Eresus niger
Squirrel, Red	Sciurus vulgaris
[F19 Sturgeon][F24 (in respect of section 9(4)(b) and (c) and (5) only)]	[F19 Acipenser sturio]
Toad, Common (in respect of section 9(5) only)	Bufo bufo
Toad, Natterjack[F24 (in respect of section 9(4)(b) and (c) and (5) only)]	Bufo calamita
[F39 “Turtle, Flatback	Natator depressus”]
[F40 “Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only)	Chelonia mydas”]
[F41 “Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only)	Eretmochelys imbricata”]
[F42 “Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only)	Lepidochelys kempii”]
[F43 “Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only)	Dermochelys coriacea”]
[F44 “Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only)	Caretta caretta”]
[F45 “Turtle, Olive Ridley	Lepidochelys olivacea”.]
F46 . . .	F46 . . .
[F16 Vendace]	[F16 Coregonus albula]
[F20 Vole, Water F47 . . . ]	[F20 Arvicola terrestris]
[F16 Walrus]	[F16 Odebenus rosmarus]
[F16 Whale (all species)][F48 but in respect of section 9(4A) and (5) only]	[F16 Cetacea]
[F16 Whitefish]	[F16 Coregonus lavaretus]

Textual Amendments

F14 By virtue of S.I. 1991/367, art. 2(1) entry is further listed in respect of section 9(1) so far as it relates to killing and injuring

F15 By virtue of S.I. 1998/878, art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F16 Entry added as provided by S.I. 1988/288, art. 2(1)

F17 Sch. 5: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(7)(b)

F18 Sch. 5: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(7)(c)

F19 Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350, art. 2(1)

F20 Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878, art. 2(1)

F21 Entry removed from Schedule as provided by S.I. 1988/288, art. 2(5)

F22 Entry added (in respect of s. 9(5) only) by S.I. 1989/906, art. 2

F23 Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350, art. 2(2)

F24 Sch. 5: words in entries inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(7)(a)

F25 Entry added (only in respect of s. 9(1) so far as it relates to taking and in respect of s. 9(5)) by S.I. 1988/288, art. 2(3)

F26 Sch. 5: entries relating to dolphins or porpoises omitted (21.7.2007) by virtue of The Conservation (Natural Habitats &c. ) (Amendment) Regulations 2007 (S.I. 2007/1843), art. 7(7)(g)

F27 Sch. 5: entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(7)(h)

F28 By S. I. 1988/288, art. 2(4) entry (which is already listed in respect of section 9(5) only) is further listed in respect of s. 9(1) so far as it relates to killing and injuring

F29 Sch. 5: words inserted (E.W.) (1.10.2008) by The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2008 (S.I. 2008/2127), reg. 4

F30 Entry in Sch. 5 (which was added as provided by S.I. 1988/288, art. 2(1)) removed (16.4.1998) by S.I. 1998/878, art. 2(3)

F31 By virtue of S.I. 1998/878, art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

F32 Sch. 5: words in entry substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(7)(d)

F33 Sch. 5: entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F34 Sch. 5: entries inserted (E.W.) (6.4.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008 (S.I. 2008/431), art. 2, Sch.

F35 Sch. 5: words in entry relating to "Seahorse, Short Snouted" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927), art. 2(a)

F36 Sch. 5: words in entry relating to "Seahorse, Spiny" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927), art. 2(b)

F37 Sch. 5: words in entry relating to "Shark, Angel" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927), art. 2(c)

F38 Sch. 5: words in entry relating to "Snail, Roman" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927), art. 2(d)

F39 Sch. 5: entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F40 Sch. 5: entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F41 Sch. 5: entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F42 Sch. 5: entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F43 Sch. 5: entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F44 Sch. 5: entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F45 Sch. 5: entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F46 Sch. 5: entry of “Turtles, Marine (all species)” and “Dermochelyidae and Cheloniidae” omitted (E.W.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(7)(e)

F47 Sch. 5: words in entry relating to "Vole, Water" omitted (E.W.) (12.8.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927), art. 2(e)

F48 Sch. 5: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(7)(f)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

[F49 NOTE 2. In this Schedule “excluded waters” means the part of the territorial waters adjacent to England [F50 and Wales] which is more than 6 nautical miles from the baselines from which the breadth of those waters are measured; and for these purposes “nautical miles” means international nautical miles of 1,852 metres.]

Textual Amendments

F49 Sch. 5: Note 2 inserted (E.W.) (6.4.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008 (S.I. 2008/431), art. 2(c)

F50 Sch. 5 Note 2: words inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927), art. 2(f)

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F13 By S.I. 1988/288, art. 2(2) it is provided that all Dolphins (Cetacea) and all Porpoises (Cetacea) not already listed in Schedule 5 are added to that Schedule and by S.I. 2007/1843, reg. 7(7)(g) it is provided that said Dolphins (all species) and Porpoises (all species) are omitted (E.W.) (21.8.2007)

Sections 9, 10, 22 and 24.

SCHEDULE 5 S Animals which are Protected

Extent Information

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

Modifications etc. (not altering text)

C2 By S.I. 1988/288, art. 2(2) it is provided that all Dolphins (Cetacea) and all Porpoises (Cetacea) not already listed in Schedule 5 are added to that Schedule and by S.S.I. 2007/80, reg. 28 it is provided that said Dolphins (all species) and Porpoises (all species) are removed (S.) (15.2.2007)

Common name	Scientific name
[F14 Adder (in respect of section 9(5) only)]	[F14 Vipera berus]
[F15 Allis Shad (in respect of section 9(1) and (4)(a) only)]	[F15 Alosa alosa]
[F16 Anemone, Ivell’s Sea]	[F16 Edwardsia ivelli]
[F16 Anemone, Startlet Sea]	[F16 Nematosella vectensis]
[F16 Apus]	[F16 Triops cancriformis]
[F127 Bats, Horseshoe (all species)]	[F127 Rhinolophidae]
[F127 Bats, Typical (all species)]	[F127 Vespertilionidae]
[F19 Beetle]	[F19 Graphoderus zonatus]
[F19 Beetle]	[F19 Hypebaeus flavipes]
[F19 Beetle]	[F19 Paracymus aeneus]
[F19 Beetle, Lesser Silver Water]	[F19 Hydrochara caraboides]
[F19 Beetle, Mire Pill (in respect of section 9(4)(a) only)]	[F19 Curimopsis nigrita]
Beetle, Rainbow Leaf	Chrysolina cerealis
[F20 Beetle, Stag (in respect of section 9(5) only)]	[F20 Lucanus cervus]
[F16 Beetle, Violet Click]	[F16 Limoniscus violaceus]
Burbot	Lota lota
. . . F21	. . . F21
[F22 Butterfly, Northern Brown Argus]	[F22 Aricia artaxerxes]
[F22 Butterfly, Adonis Blue]	[F22 Lysandra bellargus]
[F22 Butterfly, Chalkhill Blue]	[F22 Lysandra coridon]
[F22 Butterfly, Silver-studded Blue]	[F22 Plebejus argus]
[F22 Butterfly, Small Blue]	[F22 Cupido minimus]
[F15 Butterfly, Large Copper]	[F15 Lycaena dispar]
[F22 Butterfly, Purple Emperor]	[F22 Apatura iris]
[F22 Butterfly, Duke of Burgandy Fritillary]	[F22 Hamearis lucina]
[F22 Butterfly, Glanville Fritillary]	[F22 Melitaea cinxia]
Butterfly, Heath Fritillary	Mellicta athalia (otherwise known as Melitaea athalia)
[F23 Butterfly, High Brown Fritillary]	[F23 Argynnis adippe]
[F15 Butterfly, Marsh Fritillary]	[F15 Eurodryas aurinia]
[F22 Butterfly, Pearl-bordered Fritillary]	[F22 Boloria euphrosyne]
[F22 Butterfly, Black Hairstreak]	[F22 Strymonidia pruni]
[F22 Butterfly, Brown Hairstreak]	[F22 Thecla betulae]
[F22 Butterfly, White Letter Hairstreak]	[F22 Stymonida w-album]
[F22 Butterfly, Large Heath]	[F22 Coenonympha tullia]
[F127 Butterfly, Large Blue]	[F127 Maculinea arion]
[F22 Butterfly, Mountain Ringlet]	[F22 Erebia epiphron]
. . . F21	. . . F21
[F22 Butterfly, Chequered Skipper]	[F22 Carterocephalus palaemon]
[F22 Butterfly, Lulworth Skipper]	[F22 Thymelicus acteon]
[F22 Butterfly, Silver Spotted Skipper]	[F22 Hesperia comma]
Butterfly, Swallowtail	Papilio machaon
[F22 Butterfly, Large tortoiseshell]	[F22 Nymphalis polychloros]
[F22 Butterfly, Wood White]	[F22 Leptidea sinapis]
[F127 [F16 Cat, Wild]]	[F127 [F16 Felis silverstris]]
[F16 Cicada, New Forest]	[F16 Cicadetta montana]
[F25 Crayfish, Atlantic Stream]	[F25 Austropotamobius pallipes]
Cricket, Field	Gryllus campestris
Cricket, Mole	Gryllotalpa gryllotalpa
[F20 Dameselfly, Southern]	[F20 Coenagrion mercuriale]
Dolphin, Bottle-nosed	Tursiops truncatus (otherwise known as Tursiops tursio)
Dolphin, Common	Delphinus delphis
[F127 [F16 Dormouse]]	[F127 [F16 Muscardinus avellanarius]]
Dragonfly, Norfolk Aeshna	Aeshna isosceles
Frog, Common (in respect of section 9(5) only)	Rana temporaria
[F20 Goby, Couch’s]	[F20 Gobius couchii]
[F20 Goby, Giant]	[F20 Gobius cobitis]
Grasshopper, Wart-biter	Decticus verrucivorus
[F19 Hatchet Shell, Northern]	[F19 Thyasira gouldi]
[F20 Hydroid, Marine]	[F20 Clavopsella navis]
[F19 Lagoon Snail]	[F19 Paludinella littorina]
[F19 Lagoon Snail, De Folin’s]	[F19 Caecum armoricum]
[F19 Lagoon Worm, Tentacled]	[F19 Alkmaria romijni]
[F16 Leech, Medicinal]	[F16 Hirudo medicinalis]
[F127 Lizard, Sand]	[F127 Lacerta agilis]
[F28 Lizard, Viviparous (in respect of section 9(5) only)]	[F28 Lacerta vivipara]
[F16 Marten, Pine]	[F16 Martes martes]
[F16 Mat. Trembling Sea]	[F16 Victorella pavida]
Moth, Barberry Carpet	Pareulype berberata
Moth, Black-veined	Siona lineata (otherwise known as Idaea lineata)
Moth, Essex Emerald	Thetidia smaragdaria
[F20 Moth, Fiery Clearwing]	[F20 Bembecia chrysidiformis]
[F20 Moth, Fisher’s Estuarine]	[F20 Gortyna borelii]
Moth, New Forest Burnet	Zygaena viciae
Moth, Reddish Buff	Acosmetia caliginosa
[F19 Moth, Sussex Emerald]	[F19 Thalera fimbrialis]
F30 . . .	F30 . . .
[F20 Mussel, Fan (in respect of section 9(1), (2) and (5) only)]	[F20 Atrina fragilis]
[F31 Mussel, Freshwater Pearl]	[F31 Margaritifera margaritifera]
[F127 Newt, Great Crested (otherwise known as Warty newt)]	[F127 Triturus cristatus]
Newt, Palmate (in respect of section 9(5) only)	Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)	Triturus vulgaris
[F127 Otter, Common]	[F127 Lutra lutra]
Porpoise, Harbour (otherwise known as Common porpoise)	Phocaena phocaena
[F16 Sandworm, Lagoon]	[F16 Armandia cirrhosa]
[F19 Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only]	[F19 Eunicella verrucosa]
[F19 Sea Slug, Lagoon]	[F19 Tenellia adspersa]
[F20 Shad, Twaite (in respect of section 9(4)(a) only)]	[F20 Alosa fallax]
[F20 Shark, Basking]	[F20 Cetorhinus maximus]
[F16 Shrimp, Fairy]	[F16 Chirocephalus diaphanus]
[F16 Shrimp, Lagoon Sand]	[F16 Gammarus insensiblis]
[F28 Slow-worm (in respect of section 9(5) only)]	[F28 Anguis fragilis]
F21 . . .	F21 . . .
Snail, Glutinous	Myxas glutinosa
Snail, Sandbowl	Catinella arenaria
[F28 Snake, Grass (in respect of section 9(5) only)]	[F28 Natrix helvetica (also known as Natrix natrix)]
[F127 Snake, Smooth]	[F127 Coronella austriaca]
Spider, Fen Raft	Dolomedes plantarius
Spider, Ladybird	Eresus niger
Squirrel, Red	Sciurus vulgaris
[F127 [F19 Sturgeon]]	[F127 [F19 Acipenser sturio]]
Toad, Common (in respect of section 9(5) only)	Bufo bufo
[F127 Toad, Natterjack]	[F127 Bufo calamita]
[F127 [F16 Turtles, Marine (all species)]]	[F127 [F16 Dermochelyidae and Cheloniidae]]
[F16 Vendace]	[F16 Coregonus albula]
[F20 Vole, Water (in respect of section 9(4) only)]	[F20 Arvicola terrestris]
[F16 Walrus]	[F16 Odebenus rosmarus]
[F127 [F16 Whale (all species)]]	[F127 [F16 Cetacea]]
[F16 Whitefish]	[F16 Coregonus lavaretus]

Textual Amendments

F14 By virtue of S.I. 1991/367, art. 2(1) entry is further listed in respect of section 9(1) so far as it relates to killing and injuring

F15 By virtue of S.I. 1998/878, art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F16 Entry added as provided by S.I. 1988/288, art. 2(1)

F19 Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350, art. 2(1)

F20 Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878, art. 2(1)

F21 Entry removed from Schedule as provided by S.I. 1988/288, art. 2(5)

F22 Entry added (in respect of s. 9(5) only) by S.I. 1989/906, art. 2

F23 Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350, art. 2(2)

F25 Entry added (only in respect of s. 9(1) so far as it relates to taking and in respect of s. 9(5)) by S.I. 1988/288, art. 2(3)

F28 By S. I. 1988/288, art. 2(4) entry (which is already listed in respect of section 9(5) only) is further listed in respect of s. 9(1) so far as it relates to killing and injuring

F30 Entry in Sch. 5 (which was added as provided by S.I. 1988/288, art. 2(1)) removed (16.4.1998) by S.I. 1998/878, art. 2(3)

F31 By virtue of S.I. 1998/878, art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

F127 Sch. 5: entries removed (S.) (15.2.2007) by The Conservation (Natural Habitats,  & c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), reg. 28

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 11 and 22.

SCHEDULE 6 E+W+S Animals which may not be Killed or Taken by Certain Methods

Common name	Scientific name
Badger	Meles meles
Bats, Horseshoe (all species)	Rinolophidae
Bats, Typical (all species)	Vespertilionidae
Cat, Wild	Felis silvestris
Dolphin, Bottle-nosed	Tursiops truncatus (otherwise known as Tursiops tursio)
Dolphin, Common	Delphinis delphis
Dormice (all species)	Gliridae
Hedgehog	Erinaceus europaeus
Marten, Pine	Martes martes
Otter, Common	Lutra lutra
Polecat	Mustela putorius
Porpoise, Harbour (otherwise known as Common porpoise)	Phocaena phocaena
Shrews (all species)	Soricidae
Squirrel, Red	Sciurus vulgaris

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

SCHEDULE 7 E+W+S PROTECTION OF CERTAIN MAMMALS

The Ground Game Act 1880 E+W+S

1 (1) Notwithstanding the provisions of section 6 of the M1 Ground Game Act 1880, it shall not be unlawful for the occupier of any land himself, or one other person authorised by him under section 1 of that Act, to use firearms for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise if (except where he has the exclusive right) the occupier has the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land. E+W+S

(2) In this paragraph “ground game” means hares and rabbits.

Marginal Citations

M1 1880 c. 47.

The Agriculture (Scotland) Act 1948 E+W+S

2 (1) Notwithstanding the provisions of section 50(1)(a) of the M2 Agriculture (Scotland) Act 1948, it shall not be unlawful for the owner of the shooting rights on any land or any person holding those rights from him, or subject to sub-paragraph (2) below the occupier of any land, to use a firearm for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise. E+W+S

(2) The occupier of any land shall not use a firearm as mentioned in sub-paragraph (1) above unless (except where he has the exclusive right) he has first obtained the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.

(3) An occupier who is entitled, in terms of this paragraph, to use a firearm for the purpose of killing ground game may, subject to the provisions of section 1 of the Ground Game Act 1880, authorise one other person so to use a firearm.

(4) In this paragraph “ground game” means hares and rabbits.

Marginal Citations

M2 1948 c. 45.

The Dogs (Protection of Livestock) Act 1953 E+W+S

X1 3 (1) At the end of subsection (2) of section 1 of the M3 Dogs (Protection of Livestock) Act 1953 (penalty where dog worries livestock on agricultural land) there shall be inserted the words “or E+W+S

(c) being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep”.

(2) After that subsection there shall be inserted the following subsection—

“(2A) Subsection (2)(c) of this section shall not apply in relation to—

(a) a dog owned by, or in charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either of those persons ; or

(b) a police dog, a guide dog, a trained sheep dog, a working gun dog or a pack of hounds.”

Editorial Information

X1 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M3 1953 c. 28.

The Deer Act 1963 E+W+S

[F51 X2 4 S For subsection (3) of section 10 of the M4 Deer Act 1963 (general exceptions) there shall be substituted the following subsections—

“(3) A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of any smooth-bore gun for the purpose of killing any deer if he shows that the deer had been so seriously injured otherwise than by his unlawful act or was in such a condition that to kill it was an act of mercy.

(4) A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use as a slaughtering instrument, for the purpose of killing any deer, of a smooth-bore gun which—

(a) is of not less gauge than 12 bore ;

(b) has a barrel less than 24 inches (609.6 millimetres) in length ; and

(c) is loaded with a cartridge purporting to contain shot none of which is less than .203 inches (5.16 millimetres) in diameter (that is to say, size AAA or any larger size).”]

Editorial Information

X2 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F51 Sch. 7 para. 4 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3), ss. 17(6), 18(3), Sch.4.

Marginal Citations

M4 1963 c. 36.

[F52 X3 5 (1) After section 10 of that Act there shall be inserted the following section— S

10A “ Exceptions for authorised persons.

(1) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of—

(a) the taking of killing of any deer by means of shooting ; or

(b) the injuring of any deer by means of shooting in an attempt to take or kill it,

on any cultivated land, pasture or enclosed woodland.

(2) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of—

(a) the taking or killing of any deer by means of shooting ; or

(b) the injuring of any deer by means of shooting in an attempt to take or kill it,

on any cultivated land, pasture or enclosed woodland.

(2) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use, for the purpose of taking or killing any deer on any land, of any smooth-bore gun of not less guage than 12 bore which is loaded with—

(a) a cartridge containing a single non-spherical projectile weighing not less than 350 grains (22.68 grammes) ; or

(b) a cartridge purporting to contain shot each of which is .203 inches (5.16 millimetres) in diameter (that is to say, size AAA).

(3) An authorised person shall not be entitled to rely on the defence provided by subsection (1) or (2) of this section as respects anything done in relation to any deer on any land unless he shows that—

(a) he had reasonable grounds for believing that caused, damage to crops, vegetables, fruit, growing timber or any other form of property on the land ;

(b) it was likely that further damage would be so caused and any such damage was likely to be serious ; and

(c) his action was necessary for the purpose of preventing any such damage.

(4) The Secretary of State and the agriculture Minister acting jointly may by order, either generally or in relation to any area or any species and description of deer specified in the order, repeal subsection (2) of this section or amend it by adding any firearm or ammunition or by altering the description of, or deleting, any firearm or ammunition mentioned in it, or by adding any further conditions which must be satisfied.

(5) Before making an order under subsection (4) of this section, the Secretary of State and the agriculture Minister shall consult organisations that appear to them to represent persons likely to be interested in or affected by the order.

(6) In this section—

“agriculture Minister” means the Minister of Agriculture Fisheries and Food in relation to England and the Secretary of State for Wales in relation to Wales ;

“authorised person”means—

(a) the occupier of the land on which the action is taken ;

(b) any member of the occupier’s household normally resident on the occupier’s land, acting with the written authority of the occupier ;

(c) any person in the ordinary service of the occupier on the occupier’s land, acting with the written authority of the occupier ; or

(d) any person having the right to take or kill deer on the land on which the action is taken or any person acting with the written authority of a person having that right.”

(2) In sections 1(1) and 3(1) of that Act for the words “sections 10 and 11” there shall be substituted the words “sections 10, 10A and 11”.

(3) For subsection (1) of section 12 of that Act (orders) there shall be substituted the following subsections—

“(1) Any power to make orders under this Act shall be exercisable by statutory instrument.

(1A) A statutory instrument containing an order under section 1(2) or 3(4) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(1B) No order under section 10A(4) of this Act shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.”]

Editorial Information

X3 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F52 Sch. 7 para. 5 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3), ss. 17(6), 18(3), Sch.4.

[F53 X4 6 (1) In paragraph 1 of Schedule 2 to that Act (prohibited firearms and ammunition) the words “of less guage than 12 bore” shall be omitted. S

(2) In paragraph 4 of that Schedule the words from “other than” onwards shall be omitted.]

Editorial Information

X4 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F53 Sch. 7 para. 6 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3), ss. 17(6), 18(3), Sch.4.

The Conservation of Seals Act 1970 E+W+S

X5 7 (1) In subsection (1)(c) of section 10 of the M5 Conservation of Seals Act 1970 (power to grant licences), the word “or” immediately following sub-paragraph (ii) shall be omitted and after sub-paragraph (iii) there shall be inserted the words “or E+W+S

(iv) the protection of flora or fauna in an area to which subsection (4) of this section applies,”.

(2) In subsection (3)(b) of that section for the words from “a nature reserve” onwards there shall substituted the words “an area to which subsection (4) of this section applies”.

(3) After subsection (3) of that section there shall be inserted the following subsection—

“(4) This subsection applies to any area which—

(a) is a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 ;

(b) has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest) ;

(c) is an area to which section 29(3) of that Act (special protection for certain areas of special scientific interest) applies ; or

(d) has been designated as a marine nature reserve under section 36 of that Act.”

Editorial Information

X5 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M5 1970 c. 30.

The Badgers Act 1973 E+W+S

F54 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 Sch. 7 para. 8 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.

F55 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55 Sch. 7 para. 9 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.

F56 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 Sch. 7 para. 10 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.

F57 11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 Sch. 7 para. 11 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.

F58 12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 Sch. 7 para. 12 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.

Sections 13, 22 and 24.

SCHEDULE 8 E+W+S Plants which are Protected

Common name	Scientific name
[F59 Adder’s-tongue, Least]	[F59 Ophioglossum lusitanicum]
Alison, Small	Alyssum alyssoides
[F60 Anomodon, Long-leaved]	[F60 Anomodon longifolius]
[F60 Beech-lichen, New Forest]	[F60 Enterographa elaborata]
[F61 Blackwort]	[F61 Southbya nigrella]
[F60 Bluebell (in respect of section 13(2) only)]	[F60 Hyacinthoides non-scripta]
[F60 Bolete, Royal]	[F60 Boletus regius]
Broomrape, Bedstraw	Orobanche caryophyllacea
Broomrape, Oxtongue	Orobanche loricata
Broomrape, Thistle	Orobanche reticulata
[F59 Cabbage, Lundy]	[F59 Rhynchosinapis wrightii]
Calamint, Wood	Calamintha sylvatica
[F61 Caloplaca, Snow]	[F61 Caloplaca nivalis]
[F61 Catapyrenium, Tree]	[F61 Catapyrenium psoromoides]
Catchfly, Alpine	Lychnis alpina
[F61 Catillaria, Laurer’s]	[F61 Catellaria laurei]
[F61 Centaury, Slender]	[F61 Centaurium tenuiflorum]
Cinquefoil, Rock	Potentilla rupestris
[F60 Cladonia, Convoluted]	[F60 Cladonia convoluta]
[F61 Cladonia, Upright Mountain]	[F61 Cladonia stricta]
[F61 Clary, Meadow]	[F61 Salvia pratensis]
Club-rush, Triangular	Scirpus triquetrus
[F59 Colt’s-foot, Purple]	[F59 Homogyne alpina]
Cotoneaster, Wild	Cotoneaster integerrimus
[F59 Cottongrass, Slender]	[F59 Eriophorum gracile]
Cow-wheat, Field	Melampyrum arvense
[F59 Crocus, Sand]	[F59 Romulea columnae]
[F61 Crystalwort, Lizard]	[F61 Riccia bifurca]
[F61 Cudweed, Broad-leaved]	[F61 Filago pryamidata]
Cudweed, Jersey	Gnaphalium luteoalbum
[F59 Cudweed, Red-tipped]	[F59 Filago lutescens]
[F60 Cut-grass]	[F60 Leersia oryzoides]
[F60 Deptford Pink (in respect of England and Wales only)]	[F60 Dianthus armeria]
Diapensia	Diapensia lapponica
[F62 [F61 Dock, Shore] [F63 (in respect of section 13(2) only)]]	[F62 [F61 Rumex rupestris]]
[F61 Earwort, Marsh]	[F61 Jamesoniella undulifolia]
Eryngo, Field	Eryngium campestre
[F60 Feather-moss, Polar]	[F60 Hygrohypnum polare]
Fern, Dickie’s Bladder	Cystopteris dickieana
[F62 Fern, Killarney [F64 (in respect of section 13(2) only)]]	[F62 Trichomanes speciosum]
[F61 Flapwort, Norfolk]	[F61 Leiocolea rutheana]
[F59 Fleabane, Alpine]	[F59 Erigeron borealis]
[F59 Fleabane, Small]	[F59 Pulicaria vulgaris]
[F61 Frostwort, Pointed]	[F61 Gymnomitrion apiculatum]
[F60 Fungus, Hedgehog]	[F60 Hericium erinaceum]
Galingale, Brown	Cyperus fuscus
Gentian, Alpine	Gentiana nivalis
[F61 Gentian, Dune]	[F61 Gentianella uliginosa]
[F62 [F61 Gentian, Early] [F65 (in respect of section 13(2) only)]]	[F62 [F61 Gentianella anglica]]
[F59 Gentian, Fringed]	[F59 Gentianella ciliata]
Gentian, Spring	Gentiana verna
[F59 Germander, Cut-leaved]	[F59 Teucrium botrys]
Germander, Water	Teucrium scordium
Gladiolus, Wild	Gladiolus illyricus
[F60 Goblin Lights]	[F60 Catolechia wahlenbergii]
[F59 Goosefoot, Stinking]	[F59 Chenopodium vulvaria]
[F59 Grass-poly]	[F59 Lythrum hyssopifolia]
[F61 Grimmia, Blunt-leaved]	[F61 Grimmia unicolor]
[F61 Gyalecta, Elm]	[F61 Gyalecta ulmi]
Hare’s-ear, Sickle-leaved	Bupleurum falcatum
Hare’s-ear, Small	Bupleurum baldense
[F59 Hawk’s-beard, Stinking]	[F59 Crepis foetida]
[F61 Hawkweed, Northroe]	[F61 Hieracium northroense]
[F61 Hawkweed, Shetland]	[F61 Hieracium zetlandicum]
[F61 Hawkweed, Weak-leaved]	[F61 Hieracium attenuatifolium]
Heath, Blue	Phyllodoce caerulea
Helleborine, Red	Cephalanthera rubra
[F59 Helleborine, Young’s]	[F59 Epipactis youngiana]
[F59 Horsetail, Branched]	[F59 Equisetum ramosissimum]
[F59 Hound’s-tongue, Green]	[F59 Cynoglossum germanicum]
Knawel, Perennial	Scleranthus perennis
Knotgrass, Sea	Polygonum maritimum
[F62 Lady’s-slipper [F66 (in respect of section 13(2) only)]]	[F62 Cypripedium calceolus]
F67 . . .	F67 . . .
	F67 . . .
[F61 Lecanactis, Churchyard]	[F61 Lecanactis hemisphaerica]
[F61 Lecanora, Tarn]	[F61 Lecanora archariana]
[F61 Lecidea, Copper]	[F61 Lecidea inops]
Leek, Round-headed	Allium sphaerocephalon
Lettuce, Least	Lactuca saligna
[F61 Lichen, Arctic Kidney]	[F61 Nephroma arcticum]
[F61 Lichen, Ciliate Strap]	[F61 Heterodermia leucomelos]
[F61 Lichen, Coralloid Rosette]	[F61 Heterodermia propagulifera]
[F61 Lichen, Ear-lobed Dog]	[F61 Peltigera lepidophora]
[F61 Lichen, Forked Hair]	[F61 Bryoria furcellata]
[F61 Lichen, Golden Hair]	[F61 Teloschistes flavicans]
[F61 Lichen, Orange Fruited Elm]	[F61 Caloplaca luteoalba]
[F61 Lichen, River Jelly]	[F61 Collema dichotomum]
[F61 Lichen, Scaly Breck]	[F61 Squamarina lentigera]
[F61 Lichen, Stary Breck]	[F61 Buellia asterella]
Lily, Snowdon	Lloydia serotina
[F61 Liverwort]	[F61 Petallophyllum ralfsi]
[F61 Liverwort, Lindenberg’s Leafy]	[F61 Adelanthus lindenbergianus]
Marsh-mallow, Rough	Althaea hirsuta
[F62 [F59 Marshwort, Creeping] [F68 (in respect of section 13(2) only)]]	[F62 [F59 Apium repens]]
[F59 Milk-parsley, Cambridge]	[F59 Selinum carvifolia]
[F61 Moss]	[F61 Drepanocladius vernicosus]
[F61 Moss, Alpine Copper]	[F61 Mielichoferia mielichoferi]
[F61 Moss, Baltic Bog]	[F61 Sphagnum balticum]
[F61 Moss, Blue Dew]	[F61 Saelania glaucescens]
[F61 Moss, Blunt-leaved Bristle]	[F61 Orthotrichum obtusifolium]
[F61 Moss, Bright Green Cave	Cyclodictyon laetevirens]
[F61 Moss, Cordate Beard]	[F61 Barbula cordata]
[F61 Moss, Cornish Path]	[F61 Ditrichum cornubicum]
[F61 Moss, Derbyshire Feather]	[F61 Thamnobryum angustifolium]
[F61 Moss, Dune Thread]	[F61 Bryum mamillatum]
[F60 Moss, Flamingo]	[F60 Desmatodon cernuus]
[F61 Moss, Glaucous Beard]	[F61 Barbula glauca]
[F61 Moss, Green Shield]	[F61 Buxbaumia viridis]
[F61 Moss, Hair Silk]	[F61 Plagiothecium piliferum]
[F61 Moss, Knothole]	[F61 Zygodon forsteri]
[F61 Moss Large Yellow Feather]	[F61 Scorpidium turgescens]
[F61 Moss, Millimetre]	[F61 Micromitrium tenerum]
[F61 Moss, Multifruited River]	[F61 Cryphaea lamyana]
[F61 Moss, Nowell’s Limestone]	[F61 Zygodon gracilis]
[F61 Moss, Rigid Apple]	[F61 Bartramia stricta]
[F61 Moss, Round-leaved Feather]	[F61 Rhynocostegium rotundifolium]
[F61 Moss, Schleicher’s Thread]	[F61 Bryum schleicheri]
[F61 Moss, Triangular Pygmy]	{ F61 Acaulon triquetrum
[F61 Moss, Vaucher’s Feather]	[F61 Hypnum vaucheri]
[F61 Mudwort, Welsh]	[F61 Limosella australis]
[F59 Naiad, Holly-leaved]	[F59 Najas marina]
[F62 [F61 Naiad, Slender] [F69 (in respect of section 13(2) only)]]	[F62 [F61 Najas flexilis]]
[F61 Orache, Stalked]	[F61 Halimione pedunculata]
Orchid, Early Spider	Ophryas sphegodes
[F62 Orchid, Fen [F70 (in respect of section 13(2) only)]]	[F62 Liparis loeselii]
Orchid, Ghost	Epipogium aphyllum
[F61 Orchid, Lapland Marsh]	[F61 Dactylorhiza lapponica]
Orchid, Late Spider	Ophrys fuciflora
Orchid, Lizard	Himantoglossum hircinum
Orchid, Military	Orchis militaris
Orchid, Monkey	Orchis simia
[F61 Pannaria, Caledonia]	[F61 Pannaria ignobilis]
[F61 Parmelia, New Forest]	[F61 Parmelia minarum]
[F61 Parmentaria, Oil Stain]	[F61 Parmentaria chilensis]
Pear, Plymouth	Pyrus cordata
[F61 Penny-cress, Perfoliate]	[F61 Thlaspi perfoliatum]
[F59 Pennyroyal]	[F59 Mentha pulegium]
[F61 Pertusaria, Alpine Moss]	[F61 Pertusaria bryontha]
[F61 Physcia, Southern Grey]	[F61 Physcia tribacioides]
[F59 Pigmyweed]	[F59 Crassula aquatica]
[F61 Pine, Ground]	[F61 Ajuga chamaepitys]
Pink, Cheddar	Dianthus gratianopolitanus
Pink, Childling	Petroraghia nanteuilii
[F62 [F61 Plantain, Floating Water] [F71 (in respect of section 13(2) only)]]	[F62 [F61 Luronium natans]]
[F60 Polypore, Oak]	[F60 Buglossoporus pulvinus]
[F61 Pseudocyphellaria, Ragged]	[F61 Pseudocyphellaria lacerata]
[F61 Psora, Rusty Alpine]	[F61 Psora rubiformis]
[F60 Puffball, Sandy Stilt]	[F60 Battarraea phalloides]
[F59 Ragwort, Fen]	[F59 Senecio paludosus]
[F59 Ramping-fumitory, Martin’s]	[F59 Fumaria martinii]
[F61 Rampion, Spiked]	[F61 Phyteuma spicatum]
[F59 Restharrow, Small]	[F59 Ononis reclinata]
[F59 Rock-cress, Alpine]	[F59 Arabis alpina]
[F59 Rock-cress, Bristol]	[F59 Arabis stricta]
[F61 Rustworth, Western]	[F61 Marsupella profunda]
Sandwort, Norwegian	Arenaria norvegica
Sandwort, Teesdale	Minuartia stricta
Saxifrage, Drooping	Saxifraga cernua
[F62 [F61 Saxifrage, Marsh] [F72 (in respect of section 13(2) only)]]	[F62 [F61 Saxifrage hirulus]]
Saxifrage, Tufted	Saxifraga cespitosa
[F61 Solenopsora, Serpentine]	[F61 Solenopsora liparina]
Solomon’s-seal, Whorled	Polygonatum verticillatum
Sow-thistle, Alpine	Cicerbita alpina
Spearwort, Adder’s-tongue	Ranunculus ophioglossifolius
[F59 Speedwell, Fingered]	[F59 Veronica triphyllos]
Speedwell, Spiked	Veronica spicata
F67 . . .	F67 . . .
[F60 Spike-rush, Dwarf]	[F60 Eleocharis parvula]
[F60 Stack Fleawort, South]	[F60 Tephroseris integrifolia (ssp maritima)]
[F59 Star-of-Bethlehem, Early]	[F59 Gagea bohemica]
Starfruit	Damasonium alisma
[F61 Stonewort, Bearded]	[F61 Chara canescens]
[F59 Stonewort, Foxtail]	[F59 Lamprothamnium papulosum]
[F59 Strapwort]	[F59 Corrigiola litoralis]
[F60 Sulphur-tresses, Alpine]	[F60 Alectoria ochroleuca]
[F60 Threadmoss, Long-leaved]	[F60 Bryum neodamense]
[F61 Turpswort]	[F61 Geocalyx graveolens]
Violet, Fen	Viola persicifolia
[F59 Viper’s-grass]	[F59 Scorzonera humilis]
Water-plantain, Ribbon leaved	Alisma gramineum
Wood-sedge, Starved	Carex depauperata
Woodsia, Alpine	Woodsia alpina
Woodsia, Oblong	Woodsia ilvensis
Wormwood, Field	Artemisia campestris
Woundwort, Downy	Stachys germanica
Woundwort, Limestone	Stachys alpina
Yellow-rattle, Greater	Rhinanthus serotinus

Textual Amendments

F59 Entry in Sch. 8 added by S.I. 1988/288, art. 3

F60 Entries in Sch. 8 added (16.4.1998) by S.I. 1998/878, art. 3

F61 Entries in Sch. 8 added (29.10.1992) by S.I. 1992/2350, art. 3(1)

F62 Sch. 8: entries removed (S.) (15.2.2007) by The Conservation (Natural Habitats,  &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), reg. 29

F63 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(a)

F64 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(b)

F65 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(c)

F66 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(d)

F67 Entries in Sch. 8 removed (29.10.1992) by S.I. 1992/2350, art. 3(2)

F68 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(e)

F69 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(f)

F70 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(g)

F71 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(h)

F72 Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(i)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 14 and 22.

SCHEDULE 9 E+W+S Animals and plants to which section 14 applies

Part I E+W Animals which are established in the wild

Common name	Scientific name
Bass, Large-mouthed Black	Micropterus salmoides
Bass, Rock	Ambloplites rupestris
Bitterling	Rhodeus sericeus
[F73 Boar, Wild]	[F73 Sus scrofa]
[F74 Budgerigar]	[F74 Melopsittacus undulatus]
Capercaillie	Tetrao urogallus
[F73 Chough]	[F73 Pyrrhocorax pyrrhocorax]
[F73 Corncrake]	[F73 Crex crex]
[F74 Coypu]	[F74 Myocastor coypus]
[F73 Crab, Chinese Mitten]	[F73 Eriocheir sinensis]
[F75 Crayfish, Noble]	[F75 Astacus astacus]
[F73 Crane, Common]	[F73 Grus grus]
[F73 Crayfish, Red Swamp]	[F73 Procambarus clarkii]
[F75 Crayfish, Signal]	[F75 Pacifastacus leniusculus]
[F73 Crayfish, Spiny-cheek]	[F73 Orconectes limosus]
[F75 Crayfish, Turkish]	[F75 Astacus leptodactylus]
[F73 Deer, Chinese Water]	[F73 Hydropotes inermis]
[F76 Deer, Muntjac]	[F76 Muntiacus reevesi]
[F75 Deer, Sika]	[F75 Cervus nippon]
[F77 Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer]	[F77 Any hybrid of Cervus nippon]
[F74 [F77 With respect to the Outer Hebrides and the isalnds of Aaran, Islay, Jura and Rum - (a)Deer, Cervus(allspecies)]]	[F74 [F77 Cervus]]
[F74 [F77 (b)Deer, any hybrid one of whose parents or other lineal ancestor was a species of Cervus Deer]]	[F74 [F77 Any hybrid of the genus Cervus]]
Dormouse, Fat	Glis glis
Duck, Carolina Wood	Aix sponsa
Duck, Mandarin	Aix galericulata
Duck, Ruddy	Oxyura jamaicensis
Eagle, White-tailed	Haliaetus albicilla
[F73 Flatworm]	[F73 Kontikia andersoni]
[F73 Flatworm]	[F73 Kontikia ventrolineata]
[F73 Flatworm, Australian]	[F73 Australoplana sanguinea]
[F75 Flatworm, New Zealand]	[F75 Artiposthia triangulata]
Frog, Edible	Rana esculenta
Frog, European Tree (otherwise known as Common tree frog)	Hyla arborea
Frog, Marsh	Rana ridibunda
[F74 Gerbil, Mongolian]	[F74 Meriones unguiculatus]
[F73 Goose, Bar-headed]	[F73 Anser indicus]
[F73 Goose, Barnacle]	[F73 Branta leucopsis]
Goose, Canada	Branta canadensis
Goose, Egyptian	Alopochen aegyptiacus
[F73 Goose, Emperor]	[F73 Anser canagicus]
[F73 Goose, Snow]	[F73 Anser caerulescens]
[F73 Goshawk]	[F73 Accipiter gentilis]
Heron, Night	Nycticorax nycticorax
[F73 Kite, Red]	[F73 Milvus milvus]
[F73 Limpet, Slipper]	[F73 Crepidula fornicata]
Lizard, Common Wall	Podarcis muralis
Marmot, Prairie (otherwise known as Prairie dog)	Cynomys
Mink, American	Mustela vison
Newt, Alpine	Triturus alpestris
[F75 Newt, Italian Crested]	[F75 Triturus carnifex]
[F78 Owl, Barn]	[F78 Tyto alba]
[F73 Owl, Eagle]	[F73 Bubo bubo]
[F73 Oyster Drill, American]	[F73 Urosalpinx cinerea]
[F73 Parakeet, Monk]	[F73 Myiopsitta monachus]
Parakeet, Ring-necked	Psittacula krameri
Partridge, Chukar	Alectoris chukar
Partridge, Rock	Alectoris graeca
Pheasant, Golden	Chrysolophus pictus
Pheasant, Lady Amherst’s	Chrysolophus amherstiae
Pheasant, Reeves’	Syrmaticus reevesii
Pheasant, Silver	Lophura nycthemera
[F73 Pochard, Red-crested]	[F73 Netta rufina]
[F74 Porcupine, Crested]	[F74 Hystrix cristata]
[F74 Porcupine, Himalayan]	[F74 Hystrix hodgsonii]
Pumpkinseed (otherwise known as Sun-fish or Pond-perch)	Lepomis gibbosus
[F74 Quail, Bobwhite]	[F74 Colinus virginianus]
Rat, Black	Rattus rattus
[F73 Shelduck, Ruddy]	[F73 Tadorna ferruginea]
[F75 Snake, Aesculapian]	[F75 Elaphe longissima]
Squirrel, Grey	Sciurus carolinensis
[F73 Swan, Black]	[F73 Cygnus atratus.]
Terrapin, European Pond	Emys orbicularis
Toad, African Clawed	Xenopus laevis
Toad, Midwife	Alytes obstetricans
Toad, Yellow-bellied	Bombina variegata
Wallaby, Red-necked	Macropus rufogriseus
Wels (otherwise known as European catfish)	Silurus glanis
Zander	Stizostedion lucioperca

Textual Amendments

F73 Entries in Sch. 9 Pt. 1 added (E.W.) (6.4.2010) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(2)

F74 Entries in Sch. 9 Pt. 1 removed (E.W.) (6.4.2010) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(3)

F75 Entries in Sch. 9 Pt. I added (17.3.1992) by S.I. 1992/320, art. 2.

F76 Entry in Sch. 9 Pt. I added (5.3.1997) by S.I. 1997/226, art. 2

F77 Entries in Sch. 9 Pt. I added (28.4.1999) by S.I. 1999/1002, art. 2

F78 Entry in Sch. 9 Pt. I added (25.11.1992) by S.I. 1992/2674, art. 2.

Part II E+W+S Plants

Common name	Scientific name
[F79 False-acacia	Robinia pseudoacacia]
[F79 Fanwort	Cabomba caroliniana]
[F79 Fern, Water	Azolla filiculoides]
[F79 Fig, Hottentot	Carpobrotus edulis]
Hogweed, Giant	Heracleum mantegazzianum
[F79 Hyacinth, water	Eichhornia crassipes]
[F80 Kelp, Giant]	[F80 Macrocystis angustifolia]
[F80 Kelp, Giant]	[F80 Macrocystis integrifolia]
[F80 Kelp, Giant]	[F80 Macrocystis laevis]
Kelp, Giant	Macrocystis pyrifera
[F80 Kelp, Japanese]	[F80 Laminaria japonica]
Knotweed, Japanese	Polygonum cuspidatum
[F79 Leek, Few-flowered	Allium paradoxum]
[F79 Lettuce, water	Pistia stratiotes]
[F79 Parrot's-feather	Myriophyllum aquaticum]
[F79 Pennywort, Floating	Hydrocotyle ranunculoides]
[F79 Salvinia, Giant	Salvinia molesta]
[F80 Seafingers, Green]	[F80 Codium fragile tomentosoides]
[F80 Seaweed, Californian Red]	[F80 Pikea californica]
[F80 Seaweed, Hooked Asparagus]	[F80 Asparagopsis armata]
Seaweed, Japanese	Sargassum muticum
[F80 Seaweeds, Laver (except native species)]	[F80 Porphyra spp except -]
	[F80 p. amethystea]
	[F80 p. leucosticta]
	[F80 p. linearis]
	[F80 p. miniata]
	[F80 p. purpurea]
	[F80 p. umbilicalis]
[F79 Shallon	Gaultheria shallon]
[F79 Stonecrop, Australian swamp	Crassula helmsii]
[F80 Wakame]	[F80 Undaria pinnatifida]
[F79 Waterweed, Curly	Lagarosiphon major]

Textual Amendments

F79 Sch. 9 Pt. II: entries in table added (S.) (30.6.2005) by The Wildlife and Countryside Act 1981 (Variation of Schedule) (Scotland) Order 2005 (S.S.I. 2005/308), art. 2

F80 Words in Sch. 9 Pt. II added (17.3.1992) by S.I. 1992/320, art. 3

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Part II E+W Plants

Common name	Scientific name
[F128 Alexanders, Perfoliate]	[F128 Smyrnium perfoliatum]
[F128 Algae, Red]	[F128 Grateloupia luxurians]
[F128 Archangel, Variegated Yellow]	[F128 Lamiastrum galeobdolon subsp. argentatum]
[F128 Azalea, Yellow]	[F128 Rhododendron luteum]
[F128 Balsam, Himalayan]	[F128 Impatiens glandulifera]
[F128 Cotoneaster]	[F128 Cotoneaster horizontalis]
[F128 Cotoneaster, Entire-leaved]	[F128 Cotoneaster integrifolius]
[F128 Cotoneaster, Himalayan]	[F128 Cotoneaster simonsii]
[F128 Cotoneaster, Hollyberry]	[F128 Cotoneaster bullatus]
[F128 Cotoneaster, Small-leaved]	[F128 Cotoneaster microphyllus]
[F128 Creeper, False Virginia]	[F128 Parthenocissus inserta]
[F128 Creeper, Virginia]	[F128 Parthenocissus quinquefolia]
[F128 Dewplant, Purple]	[F128 Disphyma crassifolium]
[F79 False-acacia	Robinia pseudoacacia]
[F128 [F79 Fanwort]]	[F128 [F79 Cabomba caroliniana]]
[F128 [F79 Fern, Water]]	[F128 [F79 Azolla filiculoides]]
[F128 [F79 Fig, Hottentot]]	[F128 [F79 Carpobrotus edulis]]
[F128 Garlic, Three-cornered]	[F128 Allium triquetrum]
Hogweed, Giant	Heracleum mantegazzianum
[F128 [F79 Hyacinth, water]]	[F128 [F79 Eichhornia crassipes]]
[F80 Kelp, Giant]	[F80 Macrocystis angustifolia]
[F80 Kelp, Giant]	[F80 Macrocystis integrifolia]
[F80 Kelp, Giant]	[F80 Macrocystis laevis]
Kelp, Giant	Macrocystis pyrifera
[F80 Kelp, Japanese]	[F80 Laminaria japonica]
[F128 Knotweed, Giant]	[F128 Fallopia sachalinensis]
[F128 Knotweed, Hybrid]	[F128 Fallopia japonica x Fallopia sachalinensis]
[F128 Knotweed, Japanese]	[F128 Fallopia japonica]
[F129 Knotweed, Japanese]	[F129 Polygonum cuspidatum]
[F128 [F79 Leek, Few-flowered]]	[F128 [F79 Allium paradoxum]]
[F128 [F79 Lettuce, water]]	[F128 [F79 Pistia stratiotes]]
[F128 Montbretia]	[F128 Crocosmia x crocosmiiflora]
[F128 [F79 Parrot's-feather]]	[F128 [F79 Myriophyllum aquaticum]]
[F128 [F79 Pennywort, Floating]]	[F128 [F79 Hydrocotyle ranunculoides]]
[F128 Potato, Duck]	[F128 Sagittaria latifolia]
[F128 Primrose, Floating Water]	[F128 Ludwigia peploides]
[F128 Primrose, Water]	[F128 Ludwigia grandiflora]
[F128 Primrose, Water]	[F128 Ludwigia uruguayensis]
[F128 Rhododendron]	[F128 Rhododendron ponticum]
[F128 Rhododendron]	[F128 Rhododendron ponticum x Rhododendron maximum]
[F128 Rhubarb, Giant]	[F128 Gunnera tinctoria]
[F128 Rose, Japanese]	[F128 Rosa rugosa]
[F128 [F79 Salvinia, Giant]]	[F128 [F79 Salvinia molesta]]
[F128 Seafingers, Green]	[F128 Codium fragile]
[F129 [F80 Seafingers, Green]]	[F129 [F80 Codium fragile tomentosoides]]
[F80 Seaweed, Californian Red]	[F80 Pikea californica]
[F80 Seaweed, Hooked Asparagus]	[F80 Asparagopsis armata]
Seaweed, Japanese	Sargassum muticum
[F80 Seaweeds, Laver (except native species)]	[F80 Porphyra spp except -]
	[F80 p. amethystea]
	[F80 p. leucosticta]
	[F80 p. linearis]
	[F80 p. miniata]
	[F80 p. purpurea]
	[F80 p. umbilicalis]
[F79 Shallon	Gaultheria shallon]
[F79 Stonecrop, Australian swamp	Crassula helmsii]
[F128 Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed)]	[F128 Crassula helmsii]
[F80 Wakame]	[F80 Undaria pinnatifida]
[F128 [F79 Waterweed, Curly]]	[F128 [F79 Lagarosiphon major]]
[F128 Waterweeds]	[F128 All species of the genus Elodea.]

Textual Amendments

F79 Sch. 9 Pt. II: entries in table added (S.) (30.6.2005) by The Wildlife and Countryside Act 1981 (Variation of Schedule) (Scotland) Order 2005 (S.S.I. 2005/308), art. 2

F80 Words in Sch. 9 Pt. II added (17.3.1992) by S.I. 1992/320, art. 3

F128 Entries in Sch. 9 Pt. II added (E.W.) (6.4.2010) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(4)

F129 Entries in Sch. 9 Pt. II removed (E.W.) (6.4.2010) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(5)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Section 15

X6 SCHEDULE 10 U.K. Amendment of the Endangered Species (Import and Export) Act 1976

Editorial Information

X6 The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I U.K. The Amendments

Licences U.K.

1 (1) After subsection (3) of section 1 of the 1976 Act (restriction on importation and exportation of certain animals and plants) there shall be inserted the following subsections— U.K.

“(3A) Subsection (3) above shall not apply in relation to an application of any description if the scientific authority concerned has advised the Secretary of State as to whether licences should be issued in pursuance of applications of that description and, if so, their terms.

(3B) Where the Secretary of State is satisfied that the issue of a licence authorising the importation or exportation of any item which—

(a) is part of or derives from or is made wholly or partly from an animal of any of the kinds to which Schedule 1 or a plant of any of the kinds to which Schedule 2 to this Act for the time being applies ; but

(b) is not an item to which Schedule 3 to this Act for the time being applies.

would facilitate the importation or exportation of that item, he may, if he considers it expedient to do so, issue such a licence.”

(2) In subsections (4), (5), (6) and (7) of that section after the words “subsection (2)” there shall be inserted the words “or (3B)”.

(3) In subsection (4) of that section after paragraph (a) there shall be inserted the following paragraphs—

“(aa) may be issued either to all persons, to persons of a class or to a particular person ;

(ab) may be subject to compliance with any specified conditions,”; and in paragraph (c) of that subsection for the words from “a period” to “shorter” there shall be substituted the word “such”.

Expenses of returning animals and plants to the wild U.K.

2 U.K. After subsection (8) of section 1 of the 1976 Act there shall be inserted the following subsection—

“(9) Where, in the case of a live animal or a plant of any kind which is condemned or deemed to be condemned as forfeited, the Commissioners of Customs and Excise incur any expenses in connection with, or with a view to—

(a) its return to the wild ; or

(b) its being kept at premises (whether within or outside the United Kingdom) which are suitable for the keeping of animals or plants of that kind,

those expenses may be recovered, as a debt due to the Crown, from the importer or intending exporter of the animal or plant or any person possessing or having control of it at the time of its seizure.

In this subsection expressions which are also used in the Customs and Excise Management Act 1979 have the same meanings as in that Act.”

Powers of entry U.K.

3 U.K. After the subsection inserted by paragraph 2 as subsection (9) of section 1 of the 1976 Act there shall be inserted the following subsections—

“(10) Any person duly authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter any premises where animals of any of the kinds to which Schedule 1 or plants of any of the kinds to which Schedlule 2 to this Act for the time being applies are kept (whether temporarily or permanently) in order to ascertain whether any of the animals or plants kept there have been imported contrary to this section.

(11) Any person who wilfully obstructs a person acting under subsection (10) above shall be liable on summary conviction to a fine not exceeding £200.”

Power to modify Schedules U.K.

4 (1) In paragraph (c) of section 3 of the 1976 Act (power to modify Schedules) after the word “conservation” there shall be inserted the words “in any area” and after the word “endangered” there shall be inserted the word “there”. U.K.

(2) After paragraph (d) of that section there shall be inserted the following paragraph—

“(dd) to restrict the importation of animals or plants of any kind which appear to the Secretary of State to be unlikely to survive for any appreciable time if they are kept in the United Kingdom ;”.

Sale of certain animals or plants or their derivatives U.K.

5 (1) In subsection (1) of section 4 of the 1976 Act (offences to sell etc. things imported contrary to section 1 or their derivatives) for the words “Subject to subsection (2)” there shall be substituted the words “Subject to subsections (1B) and (2)”, after the words “has in his possession” there shall be inserted the words “or transports” and the words “and in the following provisions” onwards shall be omitted. U.K.

(2) After that subsection there shall be inserted the following subsections—

“(1A) Subject to subsections (1B) and (2) below, a person who sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale—

(a) a live or dead animal of any of the kinds to which Schedule 4 to this Act for the time being applies or an egg or other immature stage of such an animal ;

(b) a live or dead plant of any of the kinds to which Schedule 5 to this Act for the time being applies ; or

(c) any part of or anything which derives from or is made wholly or partly from anything referred to in paragraph (a) or (b) above,

shall be guilty of an offence ; but nothing in this subsection shall apply in relation to anything falling within subsection (1) above or anything which has been imported, or is a part of or derives from or is made wholly or partly from anything which has been imported, before the passing of the Wildlife and Countryside Act 1981.

(1B) Subsections (1) and (1A) above do not apply to anything done under and in accordance with the terms of a licence issued by the Secretary of State ; and subsections (4) to (7) of section 1 above shall apply in relation to a licence issued under this subsection as they apply in relation to a licence issued under subsection (2) of that section.

(1C) In the following provisions of this section “restricted article” means anything falling within subsection (1) or (1A) above.”

(3) In subsection (2) of that section after the words “subsection (1)” there shall be inserted the words “or (1A)”.

(4) In subsection (5) of that section after the words “subsection (1)” there shall be inserted the words “, (1A)”.

(5) In subsection (6) of that section after the words “references to” there shall be inserted the word “hire”.

(6) After Schedule 3 to the 1976 Act there shall be inserted as Schedule 4 the Schedule set out in Part II of this Schedule.

(7) After the Schedule inserted in the 1976 Act by sub-paragraph (6) there shall be inserted as Schedule 5 the Schedule set out in Part III of this Schedule.

Part II U.K. Schedule inserted as Schedule 4

SCHEDULE 4 U.K. Animals the Sale etc. of Which is Restricted

This Schedule applies to the following kinds of animals, namely—

MAMMALS U.K.

1 U.K. The kinds of mammal specified in the first column below—

Marsupials U.K.

Kind	Common name
Bettongia	Rat kangaroo
Caloprymnus campestris	Desert rat-kangaroo
Lagorchestes hirsutus	Western hare-wallaby
Lagostrophus fasciatus	Banded hare-wallaby
Onychogalea fraenata	Bridle nail-tailed wallaby
Onychogalea lunata	Crescent nail-tailed wallaby
Lasiorhinus krefftii	Queensland hairy-nosed wombat
Chaeropus ecaudatus	Pig-footed bandicoot
Macrotis lagotis	Rabbit-bandicoot
Macrotis leucara	Lesser rabbit-bandicoot
Perameles bougainville	Western barred bandicoot
Sminthopsis longicaudata	Long-tailed dunnart
Sminthopsis psammophila	Sandhill dunnart
Thylacinus cynocephalus	Tasmanian wolf

Primates U.K.

Allocebus	Hairy-eared dwarf lemur
Cheirogaleus	Dwarf lemurs
Hapalemur	Gentle lemurs
Lemur	Lemurs
Lepilemur	Sportive and weasel lemurs
Microcebus	Mouse lemurs
Phaner	Fork-marked mouse lemurs
Avahi	Avahis (otherwise known as Woolly indris)
Indri	Indris
Propithecus	Sifakas
Daubentonia madagascariensis	Aye-aye
Callimico goeldii	Goeldi’s marmoset (otherwise known as Goeldi’s tamarin)
Callithrix aurita	White eared marmoset
Callithrix flaviceps	Buff-headed marmoset
Leontopithecus	Maned tamarin (otherwise known as Golden tamarin)
Saguinus bicolor	Pied tamarin
Saguinus geoffroyi	Geoffroy’s tamarin
Saguinus leucopus	White-footed tamarin
Saguinus oedipus	Cotton-headed tamarin
Alouatta palliata (otherwise known as Alouatta villosa)	Mantled howler
Ateles geoffroyi frontatus	Black-browed spider monkey
Ateles geoffroyi panamensis	Red spider monkey
Brachyteles arachnoides	Woolly spider monkey
Cacajao	Uakaris
Chiropotes albinasus	White-nosed saki
Saimiri oerstedii	Red-backed squirrel monkey
Cercocebus galeritus galeritus	Tana River mangabey
Cercopithecus diana	Diana monkey
Colobus badius kirkii	Kirk’s red colobus (otherwise known as Zanzibar red colobus)
Colobus badius rufomitratus	Tana River red colobus
Macaca silenus	Lion-tailed macaque
Nasalis larvatus	Proboscis monkey
Papio leucophaeus (otherwise known as Mandrillus leucophaeus)	Drill
Papio sphinx (otherwise known as Mandrillus sphinx)	Mandrill
Presbytis entellus	Langur (otherwise known as Entellus langur or True langur)
Presbytis geei	Golden langur
Presbytis pileatus	Caped langur
Presbytis potenziani	Mentawi leaf monkey
Pygathrix nemaeus	Douc langur
Rhinopithecus roxellanae	Snub-nosed langur
Simias concolor	Mentawi snub-nosed langur
Hybolates	Gibbons
Symphalangus syndactylus	Siamang
Pongidae	Great apes

Edentates U.K.

Pridontes giganteus (otherwise known as Priodontes maximus)	Giant armadillo

Pangolins U.K.

Manis temmincki	South African pangolin

Rabbits and hares U.K.

Caprolagus hispidus	Assam rabbit (otherwise known as Hispid hare)
Romerolagus diazi	Volcano rabbit

Rodents U.K.

Cynomys mexicanus	Mexican prairie marmot
Leporillus conditor	Australian sticknest rat
Pseudomys fumeus	Smoky mouse
Pseudomys praeconis	Shark Bay mouse
Xeromys myoides	False water rat
Zyzomys pendunculatus	Central thick-tailed rat
Chinchilla (except any domestic form of Chinchilla laniger)	Chinchilla

Cetaceans U.K.

Lipotes vexillifer	Chinese river dolphin
Physter catodon (otherwise known as Physeter macrocephalus)	Sperm whale
Platanista gangetica	Ganges dolphin
Platanista minor	Indus river dolpin
Sotalia	Humpbacked dolphins
Sousa	Humpacked dolphins
Neophocaena phocaenoides	Finless porpoise
Phocoena sinus	Cochito
Balaena mysticetus	Greenland right whale (otherwise known as Bowhead whale)
Balaenoptera borealis	Sei whale
Balaenoptera musculus	Blue whale
Balaenoptera physalus	Common rorqual
Eschrichtius	Grey whales
Eubalaena	Right whales
Megaptera novaeangliae	Humpback whale

Carnivores U.K.

Spethos venaticus	Bush dog
Vulpes velox hebes	Northern kit fox
Helarctos malayanus	Sun bear
Selenarctos thibetanus	Asiatic black bear
Tremarctos ornatus	Spectacled bear
Ursus arctos isabellinus	Brown bear
Ursus arctos nelsoni	Mexican brown bear
Ursus arctos pruinosus	Tibetan brown bear
Aonyx microdon	Cameroon clawless otter
Enhydra lutris nereis	Southern sea otter
Lutra felina	Marine otter
Lutra longicaudis	South American otter
Lutra lutra	Eurasian otter
Lutra provocax	Southern river otter
Mustela nigripes	Black-footed ferret
Pteronura brasiliensis	Giant otter
Prionodon pardicolor	Spotted linsang
Hyaena brunnea	Brown hyaena
Acinonyx jubatus	Cheetah
Felis bengalensis bengalensis	Leopard cat
Felis concolor coryi	Florida puma
Felis concolor costaricensis	Costa Rica puma
Felis concolor cougar	Eastern puma
Felis jacobita	Andean cat
Felis rufa escuinapae	Mexican bobcat
Felis marmorata	Marbled cat
Felis nigripes	Black-footed cat
Felis pardalis mearnsi	Costa Rica ocelot
Felis pardalis mitis	Brazilian ocelot
Felis planiceps	Flat-headed cat
Felis rubiginosa	Rusty spotted cat
Felis temmincki	Asiatic golden cat
Felis tigrina oncilla	Little spotted cat
Felis wiedii nicaraguae	Nicaraguan margay
Felis wiedii salvinia	Guatemalan margay
Felis yagouaroundi cacomitli	Jaguarundi
Felis yagouaroundi fossata	Jaguarundi
Felis yagouaroundi panamensis	Jaguarundi
Felis yagouaroundi tolteca	Jaguarundi
Neofelis nebulosa	Clouded leopard
Panthera leo persica	Asiatic lion
Panthera onca	Jaguar
Panthera pardus	Leopard
Panthera tigris	Tiger
Panthera uncia	Snow leopard

Seals U.K.

Arcocephalus townsendi	Guadelupe fur seal
Monachus	Monk seals

Elephants U.K.

Elephas maximus	Asian elephant

Sea-cows U.K.

Dugong dugon	Dugong (otherwise known as Sea-cow)
Trichechus inunguis	Amazonian manatee
Trichechus manatus	West Indian manatee

Odd-toed ungulates U.K.

Equus grevyi	Grevy’s zebra
Equus hemionus hemionus	Mongolian wild ass
Equus hemionus khur	Indian wild ass
Equus przewalskii	Przewalski’s horse
Equus zebra zebra	Cape mountain zebra
Tapirus bairdii	Central American tapir
Tapirus indicus	Malayan tapir (otherwise known as Indian tapir)
Tapirus pinchaque	Mountain tapir (otherwise known as Woolly tapir)
Rhinocerotidae	Rhinoceroses

Even-toed ungulates U.K.

Babyrousa babyrussa	Babirusa
Sus salvanius	Pygmy hog
Vicugna vicugna	Calamian deer
Axis kuhli	Bawean deer
Axis porcinus annamiticus	Thai hog deer
Blastocerus dichotomus	Marsh deer
Cervus duvauceli	Swamp deer
Cervus elaphus hanglu	Kashmir stag (otherwise known as Hanglu)
Cervus eldi	Brow-antlered deer
Dama mesopotamica	Persian fallow deer
Hippocamelus antisiensis	Peruvian huemal
Hippocamelus bisulcus	Chilean huemal
Moschus moschiferus moschiferus	Himalayan musk deer
Ozotoceros bezoarticus	Pampas deer
Pudu pudu	Chilean pudu
Antilocapra americana peninsularis	Lower California pronghorn
Antilocapra americana sonoriensis	Sonoran pronghorn
Bison bison athabascae	Wood bison
Bos gaurus	Gaur
Bos mutus	Wild yak
Bubulas depressicornis	Lowland anoa
Bubalus mindorensis	Tamaraw
Bubalus quarlesi	Mountain anoa
Capra falconeri chiltanensis	Markhor
Capra falconeri jerdoni	Markhor
Capra falconeri megaceros	Markhor
Capricornis sumatraensis	Serow
Hippotragus niger variani	Giant sable antelope
Nemorhaedua goral	Goral
Novibos sauveli	Koupray
Oryx leucoryx	Arabian oryx
Ovis ammon hodgsoni	Great Tibetan sheep
Ovis orientalis ophion	Cyprian mouflon
Ovis vignei	Urial
Pantholops hodgsoni	Tibetan antelope
Rupicapra rupicapra ornata	Abrussi chamois

BIRDS U.K.

2 U.K. The kinds of bird specified in the first column below—

Rheas U.K.

Pterocnemia pennata	Lesser rhea

Tinamous U.K.

Tinamus solitarius	Solitary tinamou

Penguins U.K.

Spheniscus humboldti	Humboldt penguin

Grebes U.K.

Podilymbus gigas	Atitlan grebe

Albatrosses U.K.

Diomedea albatrus	Short-tailed albatross

Pelican-like birds U.K.

Sula abbotti	Abbot’s booby
Fregata andrewsi	Christmas Island frigatebird

Storks U.K.

Ciconia ciconia boyciana	Japanese white stork
Geronticus eremita	Bald ibis
Nipponia nippon	Japanese crested ibis

Waterfowl U.K.

Anas aucklandica nesiotis	Campbell Island Flightless teal
Anas laysanensis	Laysan duck
Anas oustaleti	Marianas Island duck (otherwise known as Marianas Mallard)
Branta canadensis leucopareia	Aleutian Canada goose
Branta sandvicensis	Hawaiian goose (otherwise known as Nene)
Cairina scutulata	White winged wood duck
Rhodonessa caryophyllacea	Pink-headed duck

Diurnal Birds of Prey U.K.

Cathartidae	New world vultures
Pandion haliaetus	Osprey
Accipitridae	True hawks
Sagittarius serpentarius	Secretary bird
Falconidae	Falcons

Gamebirds U.K.

Aburria jacutinga	Black-fronted curassow (otherwise known as Black-fronted guan)
Aburria pipile	White-headed curassow (otherwise known as Piping guan)
Catreus wallichii	Cheer pheasant
Colinus virginianus ridgwayi	Masked bobwhite
Crax blumenbachii	Red-billed curassow
Crax mitu	Razor-billed curassow
Crossoptilon crossoptilon	White Eared-pheasant
Crossoptilon mantchuricum	Brown Eared-pheasant
Lophophorus impejanus	Himalayan monal
Lophophorus lhuysii	Chinese monal
Lophophorus sclateri	Sclater’s monal
Lophura edwardsi	Edward’s pheasant
Lophura imperialis	Imperial pheasant
Lophura swinhoei	Swinhoe’s pheasant
Macrocephalon maleo	Maleo Fowl
Oreophasis derbianus	Horned guan
Penelope albipennis	White-winged guan
Polyplectron emphanum	Palawan peacock pheasant
Syrmaticus ellioti	Elliot’s pheasant
Syrmaticus humiae	Hume’s pheasant (otherwise known as Bar-tailed pheasant)
Syrmaticus mikado	Mikado pheasant
Tetraogallus caspius	Caspian snowcock
Tetraogallus tibetanus	Tibetan snowcock
Tragopan blythii	Blyth’s tragopan
Tragopan caboti	Cabot’s tragopan
Tragopan melanocephalus	Western tragopan
Tympanuchus cupido attwateri	Attwater’s prairie chicken

Cranes and rails U.K.

Grus americana	Whooping crane
Grus canadensis nesiotes	Cuban sandhill crane
Grus canadensis pulla	Mississippi sandhill crane
Grus japonensis	Manchurian crane (otherwise known as Japanese crane)
Grus leucogeranus	Siberian White crane
Grus monacha	Hooded crane
Grus nigricollis	Black-necked crane
Grus vipio	White-necked crane (otherwise known as White-naped crane)
Tricholimnas sylvestris	Lord Howe wood-rail
Rhynochetos jubatus	Kagu
Chlamydotis undulata	Houbara bustard
Choriotis nigriceps (otherwise known as Ardeotis nigriceps)	Great Indian bustard
Eupodotis bengalensis	Bengal florican

Waders and Gulls U.K.

Numenius borealis	Eskimo curlew
Tringa guttifer	Spotted greenshank (otherwise known as Nordmann’s greenshank)
Larus relictus	Relict gull

Pigeons and doves U.K.

Caloenas nicobarica	Nicobar pigeon
Ducula mindorensis	Mindoro imperial pigeon

Parrots U.K.

Amazona arausiaca	Red-necked parrot (otherwise known as Red-necked amazon)
Amazona barbadensis	Yellow-shouldered parrot (otherwise known as Yellow-shouldered amazon)
Amazona brasiliensis	Red-tailed parrot (otherwise known as Red-tailed amazon)
Amazona guildingii	St. Vincent parrot (otherwise known as St. Vincent amazon)
Amazona imperialis	Imperial parrot (otherwise known as Imperial amazon)
Amazona leucocephala	Cuban parrot (otherwise known as Cuban amazon)
Amazona pretrei	Red-spectacled parrot (otherwise known as Red-spectacled amazon)
Amazona rhodocorytha(otherwise known as Amazona dufresniana rhodocorytha)	Red-crowned parrot (otherwise known as Red-crowned amazon)
Amazona versicolor	St Lucia parrot (otherwise known as St Lucia amazon)
Amazona vinacea	Vinaceous parrot (otherwise known as Vinaceous amazon)
Amazona vittata	Puerto Rico parrot (otherwise known as Puerto Rican amazon)
Anodorhynchus glaucus	Glaucous macaw
Anodorhynchus leari	Lear’s macaw
Aratinga guaruba	Golden parakeet (otherwise known as Golden conure)
Cyanopsitta spixii	Spix’s macaw
Cyanoramphus auriceps forbesi	Forbes’ parakeet
Cyanoramphus novaezelandiae	Red-fronted parakeet
Cyclopsitta diophthalma coxeni (otherwise known as Opopsitta diophthalma coxeni)	Coxen’s fig parrot
Geopsittacus occidentalis	Australian night parrot
Neophema chrysogaster	Orange-bellied parakeet (otherwise known as Orange-bellied parrot)
Pezoporus wallicus	Ground parrot
Pionopsitta pileata	Red-capped parrot (otherwise known as Pileated parrot)
Psephotus chrysopterygius	Golden-shouldered parakeet (otherwise known as Golden-shouldered parrot or Hooded parakeet)
Psephotus pulcherrimus	Paradise parrot
Psittacula echo (otherwise known as Psittacula krameri echo)	Mauritius parakeet (otherwise known as Mauritius ring-necked parakeet)
Psittacus erithacus princeps	Fernando Po grey parrot
Pyrrhura cruentata	Blue-throated conure
Rhynchopsitta pachyrhyncha	Thick-billed parrot
Rhynchopsitta terrisi	Maroon-fronted parrot
Strigops habroptilus	Kakapo (otherwise known as Owl parrot)

Hummingbirds U.K.

Ramphodon dohrnii	Hook-billed hermit

Trogons U.K.

Pharomachrus mocinno costaricensis	Costa Rican quetzal (otherwise known as Resplendent quetzal)
Pharomachrus mocinno mocinno	Magnificent quetzal (otherwise known as Resplendent quetzal)

Owls U.K.

Tytonidae	Barn owls
Strigidae	Typical owls

Hornbills U.K.

Buceros bicornis (otherwise known as Buceros homrai	Great pied hornbill
Rhinoplax vigil	Helmeted hornbill

Woodpeckers U.K.

Campephilus imperialis	Imperial woodpecker
Dryocopus javensis richardsi	Tristram’s woodpecker (otherwise known as White-bellied black woodpecker)

Songbirds U.K.

Cotinga maculata	Banded cotinga
Xipholena atropurpurea	White-winged cotinga
Pitta kochi	Koch’s pitta
Atrichornis clamosa	Noisy scrub-bird
Leucopsar rothschildi	Rothschild’s mynah
Dasyornis brachypterus longirostris	Western bristlebird
Dasyornis broadbenti littoralis	Western rufous bristlebird
Picathartes gymnocephalus	White-necked rockfowl (otherwise known as Yellow-headed rockfowl or Guinea bear-headed rockfowl)
Picathartes oreas	Grey-necked rockfowl (otherwise known as Cameroon bare-headed rockfowl or Red-headed rockfowl)
Zosterops albogularis	White-breasted silver-eye
Meliphaga cassidix	Helmeted honeyeater
Spinus cucullatus (otherwise known as Carduelis cucullatus)	Red siskin

U.K. REPTILES

3 U.K. The kinds of reptile specified in the first column below—

Crocodilians U.K.

Alligator sinensis	Chinese alligator
Caiman crocodilus apaporiensis	Rio Apaporis caiman (otherwise known as Spectacled caiman)
Caiman latirostris	Broad-nosed caiman
Melanosuchus niger	Black caiman
Crocodylus acutus	American crocodile
Crocodylus cataphractus	African slender-snouted crocodile (otherwise known as African sharp-nosed crocodile)
Crocodylus intermedius	Orinoco crocodile
Crocodylus moreletii	Morelet’s crocodile
Crocodylus niloticus	Nile crocodile
Crocodylus novaeguineae mindorensis	Philippine crocodile
Crocodylus palustris	Mugger (otherwise known as Marsh crocodile or Broad-snouted crocodile)
Crocodylus porosus	Estuarine crocodile (otherwise known as Salt-water crocodile)
Crocodylus rhombifer	Cuban crocodile
Crocodylus siamensis	Siamese crocodile
Osteolaemus tetraspis	West African dwarf crocodile
Tomistoma schlegelii	False gharial (otherwise known as False gavial)
Gavialis gangeticus	Indian gharial (otherwise known as Indian gavial)

Iguanas U.K.

Brachylophus	Fijian iguanas
Cyclura	Caribbean rock iguanas
Sauromalus varius	San Esteban Island chuck-walla

Lizards U.K.

Varanus bengalensis	Bengal monitor (otherwise known as Indian monitor or Common monitor)
Varanus flavescens	Yellow monitor
Varanus griseus	Desert monitor (otherwise known as Agra monitor or Grey monitor)
Varanus komodoensis	Komodo dragon

Snakes U.K.

Acrantophis	Madagascar boas
Bolyeria	Round island boas
Casarea	Round island boas
Epicrates inornatus	Yellow tree boa
Epicrates subflavus	Jamaican boa
Python molurus molurus	Indian python (otherwise known as Indian rock python)
Sanzinia madagascariensis	Madagascar boa

Tuatara U.K.

Sphenodon punctatus	Tuatara

Chelonians U.K.

Batagur baska	River terrapin (otherwise known as Tuntong)
Geoclemys hamiltonii (otherwise known as Damonia hamiltonii)	Black pond turtle (otherwise known as Spotted pond turtle)
Melanochelys tricarinata (otherwise known as Geoemyda tricarinata or Nicoria tricarinata)	Three-keeled turtle (otherwise known as Three-keeled land tortoise)
Kachuga tecta tecta	Indian tent turtle (otherwise known as Indian sawback turtle or Roofed turtle or Dura turtle)
Morenia ocellata	Burmese swamp turtle
Terrapene coahuila	Aquatic box turtle (otherwise known as Water box turtle)
Geochelone elephantopus (otherwise known as Testudo elephantopus)	Galapagos giant tortoise
Geochelone radiata (otherwise known as Testudo radiata)	Radiated tortoise (otherwise known as Rayed tortoise)
Geochelone yniphora (otherwise known as Testudo yniphora)	Madagascar tortoise (otherwise known as Rayed tortoise or Angonoka)
Gopherus flavomarginatus (otherwise known as Crophemus polyphemus flavomarginatus)	Mexican gopher tortoise
Psammobates geometricus (otherwise known as Testudo geometricus)	Geometric tortoise
Cheloniidae	Sea turtles
Dermochelys coriacea	Leatherback turtle (otherwise known as Leathery turtle or Luth)
Lissemys punctata punctata	Indian flap-shelled turtle
Trionyx ater	Cuatro Cienegas soft-shell turtle (otherwise known as Black soft-shelled turtle)
Trionyx gangeticus	Ganges soft-shelled turtle (otherwise known as Indian soft-shelled turtle)
Trionyx hurum	Peacock-marked soft-shelled turtle
Trionyx nigricans	Dark-coloured soft-shelled turtle
Pseudemydura umbrina	Short-necked turtle (otherwise known as Western swamp turtle)

U.K. AMPHIBIANS

The kinds of amphibian specified in the first column below—

Andrias davidianus (otherwise known as Megalo batrachus davidianus)	Chinese giant salamander
Andrias japonicus (otherwise known as Megalobatrachus japonicus)	Japanese giant salamander
Atelopus varius zeteki	Golden frog (otherwise known as Zetek’s frog)
Bufo periglenes	Golden toad (otherwise known as Orange toad)
Bufo superciliaris	Cameroon toad
Nectophrynoides	Viviparous toads

U.K. FISH

5 U.K. The kinds of fish specified in the first column below—

Kind	Common name
Acipenser brevirostrum	Shortnose sturgeon
Scleropages formosus	Asiatic bonytongue
Coregonus alpenae	Longjaw cisco
Chasmistes cujus	Cui-ui
Probarbus jullieni	lkan temolek
Pangasianodon gigas	Giant catfish
Stizostedion vitreum glaucum	Blue walleye
Cynoscion macdonaldi	Drum fish

U.K. MOLLUSCS

6 U.K. The kinds of mollusc specified below—

Conradilla caelata

Dromus dromas

Epioblasma florentina curtisi (otherwise known as Dysnomia florentina curtisi)

Epioblasma florentina florentina (otherwise known as Dysnomia florentina florentina)

Epioblasma sampsoni (otherwise known as Dysnomia sampsoni)

Epioblasma sulcata perobliqua (otherwise known as Dysnomia sulcata perobliqua)

Epioblasma torulosa gubernaculum (Otherwise known as Dysnomia torulosa gubernaculum)

Epioblasma torulosa torulosa (otherwise known as Dysnomia torulosa torulosa)

Epioblasma turgidula (otherwise known as Dysnomia turgidula)

Epioblasma walkeri (otherwise known as Dysnomia walkeri)

Fusconaia cuneolus

Fusconaia edgariana

Lampsilis higginsi

Lampsilis orbiculata orbiculata

Lampsilis satura

Lampsilis verescens

Plethobasus cicatricosus

Plethobasus cooperianus

Pleurobema plenum

Potamilus capax (otherwise known as Proptera capax)

Quadrula intermedia

Quadrula sparsa

Toxolasma cylindrella (otherwise known as Carunculina cylindrella)

Unio nickliniana (otherwise known as Megalonaias nickliniana)

Unio tampicoensis tecomatensis (otherwise known as Lampsilis tampicoensis tecomatensis)

Villosa trabalis (otherwise known as Micromya trabalis)

NOTE. The second column of this Schedule gives a common name or names, where available, and is included by way of guidance only ; in the event of any dispute or proceedings, only the first column is to be taken into account.

Part III U.K.

U.K. Schedule inserted as Schedule 5

SCHEDULE 5 U.K.

U.K. Plants the sale etc. of which is restricted

This Schedule applies to the kinds of plant specified in the second column below—

Family	Kind
Apocynaceae	Pachypodium namaquanum
Araceae	Alocasia sanderana
Cactaceae	Ariocarpus agavoides
	Ariocarpus scapharostrus
	Aztekium ritteri
	Echinocereus lindsayi
	Obregonia denegrii
	Pelecyphora aselliformis
	Pelecyphora strobiliformis
Caryocaraceae	Caryocar costaricense
Caryophyllaceae	Gymnocarpus przewalskii
	Melandrium mongolicus
	Silene mongolica
	Stellaria pulvinata
Cupressaceae	Fitzroya cupressoides
	Pilgerodendron uviferum
Cycadaceae	Mirocycas calocoma
Gentianaceae	Prepusa hookeriana
Humiriaceae	Vantanea barbourii
Juglandaceae	Engelhardtia pterocarpa
Leguminosae	Ammopiptanthus mongolicum
	Cynometra hemitomophylla
	Platymiscium pleiostachyum
	Tachigalia versicolor
Liliaceae	Aloe albida
	Aloe pillansii
	Aloe polyphylla
	Aloe thorncropftii
	Aloe vossii
Melastomataceae	Lavoisiera itambana
Meliaceae	Guarea longipetiola
Moraceae	Batocarpus costaricensis
Nepenthaceae	Nepenthes rajah
Orchidaceae	Cattleya skinneri
	Cattleya trianae
	Didiciea cunninghamii
	Laelia jongheana
	Laelia lobata
	Lycaste virginalis var alba
	Peristeria elata
	Renanthera imschootiana
	Vanda coerulea
Pinaceae	Abies guatemalensis
	Abies nebrodensis
Podocarpaceae	Podocarpus costalis
	Podocarpus parlatorei
Proteaceae	Orothamnus zeyheri
	Protea odorata
Rubiaceae	Balmea stormae
Sarraceniaceae	Sarracenia alabamensis alabamensis
	Sarracenia jonesii
	Sarracenia oreophila
Saxifragaceae (otherwise known as Grossulariaceae)	Ribes sardoum
Stangeriaceae	Stangeria eriopus
Ulmaceae	Celtis aetnensis
Welwitschiaceae	Welwitschia bainesii
Zamiaceae	Encephalartos
Zingiberaceae	Hedychium philippinense

[F81 SCHEDULE 10A E+W Delegation of appellate functions

Textual Amendments

F81 Sch. 10A inserted (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 7

Interpretation E+W

1 E+W In this Schedule—

• “appointed person” means a person appointed under section 28F(8) or 28L(10); and

• “appointment”, in the case of any appointed person, means appointment under either of those provisions.

Appointments E+W

2 E+W An appointment under section 28F(8) or 28L(10) must be in writing and—

(a) may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified;

(b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and

(c) may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal or matter which has not been determined by the appointed person before that time.

Powers of appointed person E+W

3 E+W Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal or matter to which his appointment relates, have the same powers and duties as the Secretary of State, other than—

(a) any function of making regulations;

(b) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or

(c) any function of appointing a person for the purpose—

(i) of enabling persons to appear before and be heard by the person so appointed, or

(ii) of referring any question or matter to that person.

Holding of local inquiries and other hearings by appointed persons E+W

4 (1) If either of the parties to an appeal or matter expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard. E+W

(2) Whether or not a party to an appeal or matter has asked for an opportunity to appear and be heard, the appointed person—

(a) may hold a local inquiry or other hearing in connection with the appeal or matter, and

(b) shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal or matter.

(3) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter.

(4) Subject to section 28F(10) or 28L(12), the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.

Revocation of appointments and making of new appointments E+W

5 (1) Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal or matter, the Secretary of State shall, unless he proposes to determine the appeal or matter himself, appoint another person under section 28F(8) or 28L(10) to determine the appeal or matter instead. E+W

(2) Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh.

(3) Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Certain acts and omissions of appointed persons to be treated as those of the Secretary of State E+W

6 (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State. E+W

(2) Sub-paragraph (1) shall not apply—

(a) for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.]

Sections 29 and 34.

SCHEDULE 11 E+W+S Procedure in connection with Certain Orders under Part II

Coming into operation E+W+S

1 E+W+S

1 [F82 (1) An original order or a restrictive amending order shall take effect on its being made. E+W+S

(2) It shall be the duty of the Secretary of State to consider every original order or restrictive amending order made by him or a relevant authority, and any such order shall cease to have effect nine months after it is made unless the Secretary of State has previously given notice under paragraph 6 that he has considered it and does not propose to amend or revoke it or he has amended or revoked it or, in the case of an order made by such an authority, the authority has revoked it.

(3) An amending or revoking order, other than a restrictive amending order, made by a relevant authority shall be submitted by the authority to the Secretary of State for confirmation and shall not take effect until confirmed by him.

(4) Subject to paragraphs 3(1) and 4(4), an amending or revoking order, other than a restrictive amending order, made by the Secretary of State shall not take effect until confirmed by him.

(5) An amending or revoking order requiring confirmation shall, by virtue of this sub-paragraph, stand revoked if the Secretary of State gives notice under paragraph 6 that the order is not to be confirmed.]

Textual Amendments

F82 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Publicity for orders E+W+S

2 E+W+S

2 [F83 (1) Where an order takes effect immediately, the authority making the order (whether the relevant authority or the Secretary of State) shall give notice— E+W+S

(a) setting out the order or describing its general effect and in either case stating that it has taken effect;

(b) naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge at all reasonable hours; and

(c) specifying the time (not being less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.

(2) Where an order requires confirmation, the authority making the order shall give notice—

(a) setting out the order or describing its general effect and in either case stating that it has been made and requires confirmation; and

(b) stating in relation to it the matters specified in sub-paragraph (1)(b) and (c).

(3) Subject to sub-paragraph (4), the notice to be given under sub-paragraph (1) or (2) shall be given—

(a) by publication in the Gazette and also at least one local newspaper circulating in the area in which the land to which the order relates is situated;

(b) by serving a like notice on every owner and occupier of any of that land; and

(c) in the case of a notice given by the Secretary of State, by serving a like notice on the relevant authority in whose area the land to which the order relates is situated.

(4) The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (3)(b); but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.]

Textual Amendments

F83 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Unopposed orders E+W+S

3 E+W+S

3 [F84 (1) Where an order made by a relevant authority takes effect immediately and no representations or objections are duly made in respect of it or any so made are withdrawn,— E+W+S

(a) the Secretary of State shall as soon as practicable after considering it decide either to take no action on the order or to make an order amending or revoking it (subject, however, to paragraph 5); and

(b) the amending or revoking order shall take effect immediately, but it shall not require confirmation and no representation or objection with respect to it shall be entertained.

(2) Where an order requiring confirmation is made and no representations or objections are duly made in respect of it or any so made are withdrawn, the Secretary of State may confirm the order (with or without modifications).]

Textual Amendments

F84 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Opposed orders E+W+S

4 E+W+S

4 [F85 (1) If any representation or objection duly made with respect to an order is not withdrawn, then, as soon as practicable in the case of an order having immediate effect and before confirming an order requiring confirmation, the Secretary of State shall either— E+W+S

(a) cause a local inquiry to be held; or

(b) afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

(2) On considering any representations or objections duly made and the report of any person appointed to hold the inquiry or to hear representations or objections, the Secretary of State—

(a) shall, if the order has already taken effect, decide either to take no action on the order or to make an order (subject, however, to paragraph 5) amending or revoking the order as the Secretary of State thinks appropriate in the light of the report, representations or objections, without consulting the relevant authority where that authority made the order; or

(b) if the order requires confirmation, may confirm it (with or without modifications).

(3) The provisions of subsections (2) to (5) of section 250 of the M6 Local Government Act 1972 or subsections (4) to (8) of section 210 of the M7 Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply in relation to any inquiry held under this paragraph as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.

(4) An amending or revoking order made by virtue of this paragraph shall take effect immediately, but it shall not require confirmation and no representation or objection with respect to it shall be entertained.]

Textual Amendments

F85 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Marginal Citations

M6 1972 c. 70.

M7 1973 c. 65.

Restriction on power to amend orders or confirm them with modifications E+W+S

5 E+W+S

[F86 The Secretary of State shall not by virtue of paragraph 3(1) or 4(2) amend an order which has taken effect, or confirm any other order with modifications, so as to extend the area to which an original order applies.]

Textual Amendments

F86 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Notice of final decision on orders E+W+S

6 E+W+S

6 [F87 (1) The Secretary of State shall as soon as practicable after making an order by virtue of paragraph 3(1) or 4(2) give notice— E+W+S

(a) setting out the order or describing its general effect and in either case stating that it has taken effect; and

(b) stating the name of the place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge at all reasonable hours.

(2) The Secretary of State shall give notice of any of the following decisions of his as soon as practicable after making the decision—

(a) a decision under paragraph 3(1) or 4(2) to take no action on an order which has already taken effect;

(b) a decision to confirm or not to confirm an order requiring confirmation under this Schedule.

(3) A notice under this paragraph of a decision to confirm an order shall—

(a) set out the order as confirmed or describe its general effect, and in either case state the day on which the order took effect;

(b) state the name of the place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge at all reasonable hours.

(4) A notice under this paragraph shall be given by publishing it in accordance with paragraph 2(3) and serving a copy of it on any person on whom a notice was required to be served under paragraph 2(3) or (4).]

Textual Amendments

F87 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Proceedings for questioning validity of orders E+W+S

7 E+W+S

7 [F88 (1) This paragraph applies to any order which has taken effect and as to which the Secretary of State has given notice under paragraph 6 of a decision of his to take no action or to amend the order in accordance with paragraph 3 or 4; and in this paragraph “the relevant notice” means any such notice. E+W+S

(2) If any person is aggrieved by an order to which this paragraph applies and desires to question its validity on the ground that it is not within the powers of section [F89 29 or] 34, as the case may be, or that any of the requirements of this Schedule have not been complied with in relation to it, he may within six weeks from the date of the relevant notice make an application to the Court under this paragraph.

(3) On any such application the Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of those requirements—

(a) in England and Wales, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant; or

(b) in Scotland, make such declarator as seems to the Court to be appropriate.

(4) Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatsoever.

(5) In this paragraph “the Court” means the High Court in relation to England and Wales and the Court of Session in relation to Scotland.]

Textual Amendments

F88 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

F89 Words in Sch. 11 para. 7(2) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III

Interpretation E+W+S

8 E+W+S

[F90 In this Schedule—

• “amending order” and “revoking order” mean an order which amends or, as the case may be, revokes a previous order;

• “the Gazette” means—

  (a)

  if the order relates in whole or in part to England and Wales, the London Gazette;

  (b)

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

• “order” means an order under section [F91 29 or] 34;

• “original order” means an order other than an amending or revoking order;

• “the relevant authority” has the same meaning as in section 34;

• “restrictive amending order” means an amending order which extends the area to which a previous order applies.]

Textual Amendments

F90 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

F91 Words in Sch. 11 para. 8 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III

Section 36.

F92 SCHEDULE 12 E+W+S Procedure in Connection With Orders Under Section 36

Textual Amendments

F92 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Consultation E+W+S

1 E+W+S

[F93 Before making an order, the Secretary of State shall consult with such person as he may consider appropriate.]

Textual Amendments

F93 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Publicity for draft orders E+W+S

2 E+W+S

2 [F94 (1) Before making an order, the Secretary of State shall prepare a draft of the order and give notice— E+W+S

(a) stating that he proposes to make the order and the general effect of it;

(b) naming a place in the area in which the land to which the draft order relates is situated where a copy of the draft order, and of any byelaws made or proposed to be made by a relevant authority for the protection of the area specified in the draft order, may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and

(c) specifying the time (not being less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the draft order may be made.

(2) Subject to sub-paragraph (3), the notice to be given under sub-paragraph (1) shall be given—

(a) by publication in the Gazette and also at least one local newspaper circulating in the area in which the land to which the draft order relates is situated;

(b) by serving a like notice on—

(i) every person in whom is vested an interest in or right over any of that land;

(ii) every relevant authority whose area includes any of that land; and

(iii) such other bodies as may be prescribed or as the Secretary of State may consider appropriate; and

(c) by causing a copy of the notice to be displayed in a prominent position—

(i) at council offices in the locality of the land to which the draft order relates; and

(ii) at such other places as the Secretary of State may consider appropriate.

(3) The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i).

(4) Subject to sub-paragraph (3), sub-paragraph (2)(b) and (c) shall be complied with not less than 28 days before the expiration of the time specified in the notice.]

Textual Amendments

F94 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Unopposed orders E+W+S

3 E+W+S

[F95 If no representations or objections are duly made, or if any so made are withdrawn, the Secretary of State may make the order with or without modifications.]

Textual Amendments

F95 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Opposed orders E+W+S

4 E+W+S

4 [F96 (1) If any representation or objection duly made is not withdrawn the Secretary of State shall, before making the order, either— E+W+S

(a) cause a local inquiry to be held; or

(b) afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

(2) On considering any representations or objections duly made and the report of the person appointed to hold the inquiry or hear representations or objections, the Secretary of State may make the order with or without modifications.]

Textual Amendments

F96 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Restriction on power to make orders with modifications E+W+S

5 U.K.

5 [F97 (1) The Secretary of State shall not make an order with modifications so as— U.K.

(a) to affect land not affected by the draft order; or

(b) to authorise the making of any byelaw not authorised by the draft order,

except after complying with the requirements of sub-paragraph (2).

(2) The said requirements are that the Secretary of State shall—

(a) give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made;

(b) hold a local inquiry or afford any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

(c) consider the report of the person appointed to hold the inquiry or to hear representations or objections.]

Textual Amendments

F97 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Local inquiries E+W+S

6 E+W+S

6 [F98 (1) The provisions of subsections (2) to (5) of section 250 of the M8 Local Government Act 1972 or subsections (4) to (8) of section 210 of the M9 Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply in relation to any inquiry held under paragraph 4 or 5 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section. E+W+S

(2) A local inquiry caused to be held under paragraph 4 or 5 before the making of an order may be held concurrently with any local inquiry caused to be held before the confirmation of byelaws made by a relevant authority for the protection of the area specified in the order.]

Textual Amendments

F98 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Marginal Citations

M8 1972 c. 70.

M9 1973 c. 65.

Notice of making of orders E+W+S

7 E+W+S

7 [F99 (1) As soon as practicable after an order is made, the Secretary of State shall give notice— E+W+S

(a) describing the general effect of the order as made and stating the date on which it took effect; and

(b) naming a place in the area in which the land to which the order relates is situated where a copy of the order as made may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours.

(2) A notice under sub-paragraph (1) shall be given—

(a) by publication in the manner required by paragraph 2(2)(a);

(b) by serving a like notice on any persons on whom notices were required to be served under paragraph 2(2)(b); and

(c) by causing like notices to be displayed in the like manner as the notices required to be displayed under paragraph 2(2)(c).]

Textual Amendments

F99 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Proceedings for questioning validity of orders E+W+S

8 E+W+S

8 [F100 (1) If any person is aggrieved by an order which has taken effect and desires to question its validity on the ground that it is not within the powers of section 36 or that any of the requirements of this Schedule have not been complied with in relation to it, he may within 42 days from the date of publication of the notice under paragraph 7 make an application to the Court under this paragraph. E+W+S

(2) On any such application the Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements—

(a) in England and Wales, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant; or

(b) in Scotland, make such declarator as seems to the Court to be appropriate.

(3) Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatever.

(4) In this paragraph “the Court” means the High Court in relation to England and Wales and the Court of Session in relation to Scotland.]

Textual Amendments

F100 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Supplemental E+W+S

9 E+W+S

9 [F101 (1) In this Schedule— E+W+S

• “area” includes district [F102 or Welsh county or county borough];

• “council offices” means offices or buildings acquired or provided by a local authority;

• “the Gazette” means—

  (a)

  if the order relates in whole or in part to England and Wales, the London Gazette;

  (b)

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

• “order” means an order under section 36;

• “prescribed” means prescribed by regulations made by the Secretary of State;

and expressions to which a meaning is assigned by section 36 have the same meanings in this Schedule as in that section.

(2) References in this Schedule to land include references to any waters covering it; and for the purposes of this Schedule any area in Great Britain which is bounded by tidal waters or parts of the sea shall be taken to include—

(a) the waters adjacent to that area up to the seaward limits of territorial waters; and

(b) the land covered by the said adjacent waters.

(3) Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F101 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

F102 Words in Sch. 12 para. 9(1) added (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(10) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F103 F103 SCHEDULE 13 E+W

Textual Amendments

F103 Sch. 13 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 98, Sch. 12; S.I. 2006/2441, art. 2

Status E+W

1 The Commission shall be a body corporate.

2 The Commission shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or priviledge of the Crown; and the Commission’s property shall not be regarded as property of, or property held on behalf of, the Crown.

Members E+W

3 (1) The Commission shall consist of a chairman and such number of other members as the Secretary of State may determine, of whom one may be appointed to be deputy chairman.

(2) The members of the Commission shall be appointed by the Secretary of State and shall hold and vacate office in accordance with such terms as may be prescribed by or under regulations made by the Secretary of State and, on vacating office, shall be eligible for re-appointment.

(3) Regulations under sub-paragraph (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A member may at any time by notice in writing to the Secretary of State resign his office.

4 (1) The Commission—

(a) shall pay to their members such remuneration and allowances (if any) as the Secretary of State may, with the approval of the Minister, determine; and

(b) as regards any member in whose case the Secretary of State may, with the approval of the Minister, so determine, shall pay such pension to or in respect of him, or make such payments towards the provision of such pension as the Secretary of State may, with the Minister’s approval, determine.

(2) If a person ceases to be a member of the Commission, and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may, with the approval of the Minister, require the Commission to pay to that person a sum of such amount as the Secretary of State may, with the Minister’s approval, determine.

Committee for Wales E+W

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

Procedure E+W

6 The procedure (including the quorum) of the Commission shall be such as they may determine.

7 The validity of any proceeding of the Commission shall not be affected by any vacancy among the members thereof or by any defect in the appointment of a member thereof.

Staff E+W

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

Accounts and report E+W

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

Land E+W

14 The Commission, for the purpose of providing themselves with office or other accommodation in connection with the exercise of any of their functions, may, with the approval of the Secretary of State, acquire land, erect and maintain buildings or other structures thereon, and when the land is no longer required for such purpose, dispose of it.

15 Any land occupied by the Commission shall, for the purpose of any rate on property, be treated as if it were property occupied by or on behalf of the Crown for public purposes.

Interpretation E+W

16 In this Schedule—

• “appointed day” means the day appointed for the coming into force of this Schedule;

• “the Commission” means the Countryside Commission;

• “financial year” means the period commencing with the appointed day and ending with 31st March following that day, and each successive period of twelve months;

• “the Minister” means [F107 the Treasury];

• “pension” includes allowance or gratuity.

Textual Amendments

F107 Words substituted by S.I. 1981/1670, art. 2(1)(c)(d)(2)

Section 53.

SCHEDULE 14 E+W+S Applications for Certain Orders Under Part III

Form of applications E+W+S

1 E+W+S An application shall be made in the prescribed form and shall be accompanied by—

(a) a map drawn to the prescribed scale and showing the way or ways to which the application relates; and

(b) copies of any documentary evidence (including statements of witnesses) which the applicant wishes to adduce in support of the application.

Notice of applications E+W+S

2 (1) Subject to sub-paragraph (2), the applicant shall serve a notice stating that the application has been made on every owner and occupier of any land to which the application relates. E+W+S

(2) If, after reasonable inquiry has been made, the authority are satsified that it is not practicable to ascertain the name or address of an owner or occupier of any land to which the application relates, the authority may direct that the notice required to be served on him by sub-paragraph (1) may be served by addressing it to him by the description “owner” or “occupier” of the land (describing it) and by affixing it to some conspicuous object or objects on the land.

(3) When the requirements of this paragraph have been complied with, the applicant shall certify that fact to the authority.

(4) Every notice or certificate under this paragraph shall be in the prescribed form.

Determination by authority E+W+S

3 (1) As soon as reasonably practicable after receiving a certificate under paragraph 2(3), the authority shall— E+W+S

(a) investigate the matters stated in the application; and

(b) after consulting with every local authority whose area includes the land to which the application relates, decide whether to make or not to make the order to which the application relates.

(2) If the authority have not determined the application within twelve months of their receiving a certificate under paragraph 2(3), then, on the applicant making representations to the Secretary of State, the Secretary of State may, after consulting with the authority, direct the authority to determine the application before the expiration of such period as may be specified in the direction.

(3) As soon as practicable after determining the application, the authority shall give notice of their decision by serving a copy of it on the applicant and any person on whom notice of the application was required to be served under paragraph 2(1).

Appeal against a decision not to make an order E+W+S

4 (1) Where the authority decide not to make an order, the applicant may, at any time within 28 days after service on him of notice of the decision, serve notice of appeal against that decision on the Secretary of State and the authority. E+W+S

(2) If on considering the appeal the Secretary of State considers that an order should be made, he shall give to the authority such directions as appear to him necessary for the purpose [F108 (which may include a direction as to the time within which an order is to be made)].

Textual Amendments

F108 Words in Sch. 14 para. 4(2) inserted (E.W.) (13.2.2004 for E. and 31.5.2005 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 10; S.I. 2004/292, art. 2; S.I. 2005/1314, art. 2(a)

Interpretation E+W+S

5 (1) In this Schedule— E+W+S

• “application” means an application under section 53(5);

• “local authority” means [F109 a non-metroplitan district council], a parish F110 . . . council or the parish meeting of a parish not having a separate parish council [F111 but, in relation to Wales, means a community council];

• “prescribed” means prescribed by regulations made by the Secretary of State.

(2) Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F109 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(8)

F110 Words in Sch. 14 para. 5(1) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(11), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F111 Words in Sch. 14 para. 5(1) added (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(11) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Sections 53 and 54.

SCHEDULE 15 E+W+S Procedure in Connection with Certain Orders Under Part III

Consultation E+W+S

1 E+W+S Before making an order, the authority shall consult with every local authority whose area includes the land to which the order relates.

Coming into operation E+W+S

2 E+W+S An order shall not take effect until confirmed either by the authority or the Secretary of State under paragraph 6 or by the Secretary of State under paragraph 7.

Publicity for orders E+W+S

3 (1) On making an order, the authority shall give notice in the prescribed form— E+W+S

(a) describing the general effect of the order and stating that it has been made and requires confirmation;

(b) naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and

(c) specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order [F112 , which must include particulars of the grounds relied on,] may be made.

(2) Subject to sub-paragraph (4), the notice to be given under sub-paragraph (1) shall be given—

(a) by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated;

(b) by serving a like notice on—

(i) every owner and occupier of any of that land;

(ii) every local authority whose area includes any of that land;

(iii) every person on whom notice is required to be served in pursuance of sub-paragraph (3); and

(iv) such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and

(c) by causing a copy of the notice to be displayed in a prominent position—

(i) at the ends of so much of any way as is affected by the order;

(ii) at council offices in the locality of the land to which the order relates; and

(iii) at such other places as the authority may consider appropriate.

(3) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “specified” means specified in the requirement.

(4) The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i); but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

(5) Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (4) shall be complied with not less than 42 days before the expiration of the time specified in the notice.

(6) A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order.

(7) A notice required to be displayed by sub-paragraph (2)(c) at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

(8) At any time after the publication of a notice under this paragraph and before the expiration of the period specified in the notice for the making of representations and objections, any person may require the authority to inform him what documents (if any) were taken into account in preparing the order and—

(a) as respects any such documents in the possession of the authority, to permit him to inspect them and take copies; and

(b) as respects any such documents not in their possession, to give him any information the authority have as to where the documents can be inspected;

and on any requirement being made under this sub-paragraph the authority shall comply therewith within 14 days of the making of the requirement.

(9) Nothing in sub-paragraph [F113 (1)(c) or] (8) shall be construed as limiting [F114 the grounds which may be relied on or] the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 7 or 8.

Textual Amendments

F112 Words in Sch. 15 para. 3(1)(c) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(2); S.I. 2004/292, art. 2 (with savings in art. 3(1)); S.I. 2005/1314, art. 2(a); S.I. 2005/2459, art. 2(2)(b)(iii)

F113 Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(3)(a)); S.I. 2004/292, art. 2 (with savings in art. 3(1)); S.I. 2005/1314, art. 2(a); S.I. 2005/2459, art. 2(2)(b)(iii)

F114 Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(3)(b); S.I. 2004/292, art. 2 (with savings in art. 3(1)); S.I. 2005/1314, art. 2(a); S.I. 2005/2459, art. 2(2)(b)(iii)

Representations or objections made with respect to abandoned surveys or reviews E+W+S

4 (1) This paragraph applies where a survey begun under sections 27 to 32 of the 1949 Act, or a review begun under section 33 of that Act, is abandoned after a draft map and statement have been prepared. E+W+S

(2) If an order modifies the definitive map and statement so as—

(a) to show any particulars shown in the draft map and statement but not in the definitive map and statement; or

(b) to omit any particulars shown in the definitive map and statement but not in the draft map and statement,

any representation or objection duly made with respect to the showing in or omission from the draft map and statement of those particulars shall be treated for the purposes of paragraphs 6 and 7 as a representation or objection duly made with respect to the corresponding modifications made by the order.

Severance of orders E+W+S

5 (1) Where at any time representations or objections duly made and not withdrawn relate to some but not all of the modifications made by an order, the authority may, by notice given to the Secretary of State, elect that, for the purposes of the following provisions of this Schedule, the order shall have effect as two separate orders— E+W+S

(a) the one comprising the modifications to which the representations or objections relate; and

(b) the other comprising the remaining modifications.

(2) Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.

Unopposed orders E+W+S

6 (1) If no representations or objections are duly made, or if any so made are withdrawn, the authority may— E+W+S

(a) confirm the order without modification; or

(b) if they require any modification to be made, submit the order to the Secretary of State for confirmation by him.

(2) Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State may confirm the order with or without modifications.

Opposed orders E+W+S

7 (1) If any representation or objection duly made is not withdrawn the authority shall submit the order to the Secretary of State for confirmation by him. E+W

(2) Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall [F115 , subject to sub-paragraph (2A),] either—

(a) cause a local inquiry to be held; or

(b) afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

[F116 (2A) The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications.]

(3) On considering any representations or objections duly made and the report of [F117 any person appointed to hold an inquiry] or hear representations or objections, the Secretary of State may confirm the order with or without modifications.

Extent Information

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

Textual Amendments

F115 Words in Sch. 15 para. 7(2) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(4); S.I. 2004/292, art. 2(d)(iii) (with art. 3(1)); S.I. 2005/2459, art. 2(2)(b)(iii)

F116 Sch. 15 para. 7(2A) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(5); S.I. 2004/292, art. 2(d)(iii) (with art. 3(1)); S.I. 2005/2459, art. 2(2)(b)(iii)

F117 Words in Sch. 15 para. 7(3) substituted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(6): S.I. 2004/292, art. 2(d)(iii) (with art. 3(1)); S.I. 2005/2459, art. 2(2)(b)(iii)

7 (1) If any representation or objection duly made is not withdrawn the authority shall submit the order to the Secretary of State for confirmation by him. S

(2) Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall either—

(a) cause a local inquiry to be held; or

(b) afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

(3) On considering any representations or objections duly made and the report of the person appointed to hold the inquiry or hear representations or objections, the Secretary of State may confirm the order with or without modifications.

Extent Information

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

Restriction on power to confirm orders with modifications E+W+S

8 (1) The Secretary of State shall not confirm an order with modifications so as— E+W

(a) to affect land not affected by the order;

(b) not to show any way shown in the order or to show any way not so shown; or

(c) to show as a highway of one description a way which is shown in the order as a highway of another description,

except after complying with the requirements of sub-paragraph (2).

(2) The said requirements are that the Secretary of State shall—

(a) give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal [F118 , which must include particulars of the grounds relied on,] may be made;

[F119 (b) if any representation or objection duly made is not withdrawn (but subject to sub-paragraph (3)), hold a local inquiry or afford any person by whom any such representation or objection has been made an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

(c) consider the report of any person appointed to hold an inquiry or to hear representations or objections.

(3) The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his proposal.

(4) Sub-paragraph (2)(a) shall not be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under this paragraph.]

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F118 Words in Sch. 15 para. 8(2)(a) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(7)(a); S.I. 2002/292, art. 2(d)(iii) (with art. 3(1)); S.I. 2005/1314, art. 2(a)(iii); S.I. 2005/2459, art. 2(2)(b)(iii)

F119 Sch. 15 para. 8(2)(b)(c)(3)(4) substituted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) for Sch. 15 para. 8(2)(b)(c) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(7)(b): S.I. 2004/292, art. 2(d)(iii) (with art. 3(1)); S.I. 2005/1314, art. 2(a)(iii); S.I. 2005/2459, art. 2(2)(b)(iii)

8 (1) The Secretary of State shall not confirm an order with modifications so as— S

(a) to affect land not affected by the order;

(b) not to show any way shown in the order or to show any way not so shown; or

(c) to show as a highway of one description a way which is shown in the order as a highway of another description,

except after complying with the requirements of sub-paragraph (2).

(2) The said requirements are that the Secretary of State shall—

(a) give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made;

(b) hold a local inquiry or afford any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

(c) consider the report of the person appointed to hold the inquiry or to hear representations or objections.

Extent Information

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

Local inquiries E+W+S

9 E+W+S

• [F120 The provisions of subsections (2) to (5) of section 250 of the M11 Local Government Act 1972 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply in relation to any inquiry held under paragraph 7 or 8 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.]

Textual Amendments

F120 Sch. 15 para. 9 omitted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by virtue of 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(8) and repealed (6.12.2006 for W. and otherwise prosp.) by 2000 c. 37, ss. 102, 103(3), Sch. 16 Pt. II; S.I. 2004/292, art. 2(d)(iii) (with savings in art. 3(1)); S.I. 2005/1314, art. 2(a)(iii); S.I. 2005/2459, art. 2(2)(b)(iii); S.I. 2006/3257, art. 2

Marginal Citations

M11 1972 c. 70.

Appointment of inspectors etc. E+W+S

10 (1) A decision of the Secretary of State under paragraph 6, 7 or 8 shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State. E+W+S

(2) The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3) Where the Secretary of State has appointed a person to make a decision under paragraph 6, 7 or 8 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4) Where by virtue of sub-paragraph (2) or (3) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

(5) Regulations under this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

[F121 Hearings and local inquiries] E+W

Textual Amendments

F121 Sch. 15 para. 10A and cross-heading inserted (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(8); S.I. 2004/292, art. 2 (with savings in art. 3(1)); S.I 2005/1314, {art.2(a)}; S.I. 2005/2459, art. 2(2)(b)(iii)

[F122 10A (1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the M12 Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to any hearing or local inquiry held under paragraph 7 or 8 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section. E+W

(2) In its application to a hearing or inquiry held under paragraph 7 or 8 by a person appointed under paragraph 10(1), subsection (5) of that section shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.

(3) Section 322A of the M13 Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) shall apply in relation to a hearing or local inquiry under paragraph 7 or 8 as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.]

Textual Amendments

F122 Sch. 15 para. 10A and cross-heading inserted (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(8); S.I. 2004/292, art. 2 (with savings in art. 3(1)); S.I 2005/1314, {art.2(a)}; S.I. 2005/2459, art. 2(2)(b)(iii)

Marginal Citations

M12 1972 c. 70.

M13 1990 c. 8.

Notice of final decisions on orders E+W+S

11 (1) As soon as practicable after a decision to confirm an order is made or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice— E+W+S

(a) describing the general effect of the order as confirmed and stating that it has been confirmed (with or without modification) and the date on which it took effect; and

(b) naming a place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours.

(2) A notice under sub-paragraph (1) shall be given—

(a) by publication in the manner required by paragraph 3(2)(a);

(b) by serving a like notice on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4); and

(c) by causing like notices to be displayed in the like manner as the notices required to be displayed under paragraph 3(2)(c).

(3) A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as confirmed as relates to that land or, as the case may be, the area of that authority; and, in the case of an order which has been confirmed with modifications, a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order as confirmed.

(4) As soon as practicable after a decision not to confirm an order or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4).

Proceedings for questioning validity of orders E+W+S

12 (1) If any person is aggrieved by an order which has taken effect and desires to question its validity on the ground that it is not within the powers of section 53 or 54 or that any of the requirements of this Schedule have not been complied with in relation to it, he may within 42 days from the date of publication of the notice under paragraph 11 make an application to the High Court under this paragraph. E+W+S

(2) On any such application the High Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant.

(3) Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatsoever.

Supplemental E+W+S

13 (1) The Secretary of State may, subject to the provisions of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders as appears to him to be expedient. E+W+S

(2) In this Schedule—

• “council offices” means offices or buildings acquired or provided by the authority or by a local authority;

• “local authority” means [F123 a non-metropolitan district council], a parish F124 . . . council or the parish meeting of a parish not having a separate parish council [F125 but, in relation to Wales, means a community council];

• “order” means an order to which the provisions of this Schedule apply;

• “prescribed” means prescribed by regulations made by the Secretary of State.

(3) Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F123 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(8)

F124 Words in Sch. 15 para. 13(2) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(12), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F125 Words in Sch. 15 para. 13(2) added (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(12) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Section 63.

X7 SCHEDULE 16 E+W+S Orders Creating, Extinguishing or Diverting Footpaths or Bridleways

Editorial Information

X7 The text of Sch. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F126 1—4. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126 Sch. 16 paras. 1–4 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), ss. 3, 5, Sch. 1 Pt. I,Sch. 3

The Highways Act 1980 E+W+S

5 (1) In subsection (1) of section 119 of the Highways Act 1980 (diversion of footpaths and bridleways) for the words from the beginning to “or on to land” there shall be substituted the words “Where it appears to a council as respects a footpath or bridleway in their area (other than one that is a trunk road or a special road) that, in the interests of the owner, lessee or occupier of land crossed by the path or way or of the public, it is expedient that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or”. E+W+S

(2) In subsection (5) of that section for the words “the council may require the owner, lessee or occupier on whose representations they are acting” there sball be substituted the words “on the representations of an owner, lessee or occupier of land crossed by the path or way, the council may require him”.

6 (1) In sub-paragraphs (1)(b) and 2(b) of paragraph I of Schedule 6 to that Act (procedure as to certain orders relating to footpaths and bridleways) after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge”. E+W+S

(2) For sub-paragraph (3) of that paragraph there shall be substituted the following sub-paragraph—

“(3) The notices to be given under sub-paragraph (1) or (2) above shall be given—

(a) by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated ;

(b) by serving a like notice on—

(i) every owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977) of any of that land ;

(ii) every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land ;

(iii) every person on whom notice is required to be served in pursuance of sub-paragraph (3A) or (3B) below ; and

(iv) such other persons as may be prescribed in relation to the area in which that land is situated or as the authority or, as the case may be, the Secretary of State may consider appropriate ; and

(c) by causing a copy of the notice to be displayed in a prominent position—

(i) at the ends of so much of any footpath or bridleway as is created, stopped up or diverted by the order ;

(ii) at council offices in the locality of the land to which the order relates ; and

(iii) at such other places as the authority or, as the case may be, the Secretary of State may consider appropriate.”

(3) After that sub-paragraph there shall be inserted the following sub-paragraphs—

“(3A) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such public path creation orders, public path extinguishment orders and public path diversion orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “specified” means specified in the requirement.

(3B) Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders and draft public path diversion orders as are prepared bv the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “specified” means specified in the requirement.

(3C) The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub- paragraph (3)(b)(i) above ; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.”

(4) After sub-paragraph (4) of that paragraph there shall be inserted the following sub-paragraphs—

“(4A) Sub-paragraph (3)(b) and (c) and, where applicable, sub-paragraphs (3C) and (4) above shall be complied with not less than 28 days before the expiration of the time specified in the notice.

(4B) A notice required to be served by sub-paragraph (3)(b)(i), (ii) or (iv) above shall be accompanied by a copy of the order.

(4C) A notice required to be displayed by sub-paragraph (3)(c)(i) above at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

(4D) In sub-paragraph (3)(c)(ii) above “council offices” means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.”

7 E+W+S After paragraph 2 of that Schedule there shall be inserted the following paragraph—

“2A. (1) A decision of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State shall, except in such classes of case as may for the tim,- being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State ; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.

(2) The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) above and apart from this sub-paragraph, fahs to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3) Where the Secretary of State has appointed a person to make a decision under paragraph 2 above the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4) Where by virtue of sub-paragraph (2) or (3) above a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

(5) Provision may be made by regulations of the Secretary of State for the giving of publicity to any directions given by the Secretary of State under this paragraph.”

8 (1) In paragraph 4 of that Schedule after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge” and for heads (a) and (b) there shall be substituted the following heads— E+W+S

“(a) serve a like notice on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above ; and

(b) cause like notices to be displayed in the like manner as the notices caused to be displayed under paragraph 1(3)(c) above;”.

(2) That paragraph as so amended shall be renumbered as paragraph 4(1) of that Schedule and after that provision as so renumbered there shall be inserted the following sub-paragraphs—

“(2) A notice required to be served by sub-paragraph (1)(a) above, on—

(a) a person on whom notice was required to be served by paragraph 1(3)(b)(i) or (ii) above , or

(b) in the case of an order which has been confirmed or made with modifications, a person on whom notice was required to be served by paragraph 1(3)(b)(iv) above,

shall be accompanied by a copy of the order as confirmed or made.

(3) As soon as may be after a decision not to confirm an order to which this Schedule applies, the authority by whom the order was made shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above.”.

9 E+W+S After that paragraph there shall be inserted the following paragraph—

“4A. As soon as may be after an order to which this Schedule applies has come into operation otherwise than—

(a) on the date on which it was confirmed or made by the Secretary of State or confinned as an unopposed order ; or

(b) at the expiration of a specified period beginning with that date,

the authority by whom the order was made or, in the case of an order made by the Secretary of State, the Secretary of State shall give notice of its coming into operation by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.”

Supplemental E+W+S

10 (1) The amendments made by the foregoing provisions of this Schedule shall not apply in relation to any order if it was made or a draft thereof was prepared, or a notice relating to it was given under paragraph 1 of the relevant Schedule, before the commencement date. E+W+S

(2) Any reference in this paragraph to Schedule 6 to the M14 Highways Act 1980 includes a reference to that Schedule as applied by paragraph 3 of the provisions of Part I of Schedule 3 to the 1968 Act which relate to the M15 Acquisition of Land (Authorisation Procedure) Act 1946.

Marginal Citations

M14 1980 c. 66.

M15 1946 c. 49.

Section 73.

X8 SCHEDULE 17 U.K. Enactments repealed

Editorial Information

X8 The text of Sch. 17 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I U.K. Enactments repealed one month after the passing of this Act

Chapter	Short title	Extent of repeal
12, 13 & 14 Geo. 6. c. 97.	The National Parks and Access to the Countryside Act 1949.	Section 23.
1968 c. 41.	The Countryside Act 1968.	Section 14.
		In section 15(1) the words “which is not for the time being managed as a nature reserve but”.
1973 c. 37.	The Water Act 1973.	In section 22(3) the words “not being land for the time being managed as a nature reserve”.
1973 c. 54.	The Nature Conservancy Council Act 1973.	Section 3.
1973 c. 65.	The Local Government (Scotland) Act 1973.	In Schedule 27, in Part II, paragraph 101.
1980 c. 66.	The Highways Act 1980.	In section 134, subsection (3) and in subsection (5) the words “(3) or”.
		In section 135(1), the words “6 or” and “6 weeks or”.

Part II U.K. Enactments repealed on a day to be appointed

Chapter	Short title	Extent of repeal
2 & 3 Geo. 5. c. 14	The Protection of Animals (Scotland) Act 1912.	In section 9 the words “or any snare” and “or snare”.
12, 13 & 14 Geo. 6. c. 97.	The National Parks and Access to the Countryside Act 1949.	Sections 2 and 4.
		Sections 27 to 35.
		Section 38.
		Section 95.
2 & 3 Eliz. 2. c. 30.	The Protection of Birds Act 1954.	The whole Act.
1963 c. 33.	The London Government Act 1963.	In section 60, subsections (1) to (4).
1963 c. 36	The Deer Act 1963.	In Schedule 2, in paragraph 1 the words “of less guage than 12 bore” and in paragraph 4 the words from “other than” onwards.
1964 c. 59.	The Protection of Birds Act 1954 (Amendment) Act 1964.	The whole Act.
1967 c. 46.	The Protection of Birds Act 1967.	The whole Act.
1968 c. 41.	The Countryside Act 1968.	In section 1, subsection (4) and, in subsection (5), the words “and 2(1)” and the words “and in section 4(1)” onwards.
		Section 3.
		In Schedule 3, in Part I, the entry relating to the National Parks and Access to the Countryside Act 1949, and Parts II, III and IV.
1970 c. 30.	The Conservation of Seals Act 1970.	In section 10(1)(c), the word “or” immediately following sub-paragraph (ii).
1971 c. 23.	The Courts Act 1971.	In Schedule 8, paragraph 31.
		In Schedule 9, in Part II, the entry relating to section 31 of the National Parks and Access to the Countryside Act 1949.
1971 c. 78.	The Town and Country Planning Act 1971.	In Schedule 20, in paragraph 1(2)(a), the words “in the London Gazette and”.
1972 c. 70.	The Local Government Act 1972.	In Schedule 17, paragraphs 22 to 33.
		In Schedule 29, paragraph 37.
1973 c. 37.	The Water Act 1973.	In Schedule 8, paragraph 67.
1973 c. 54.	The Nature Conservancy Council Act 1973.	In section 5(3) the words from the beginning to “save as aforesaid”.
1973 c. 57.	The Badgers Act 1973.	Sections 6 and 7.
		Section 8(2)(c).
		In section 11, the definitions of “area of special protection” and “authorised person”.
1973 c. 65.	The Local Government (Scotland) Act 1973.	In Schedule 27, in Part II, paragraphs 115 and 168.
1975 c. 21.	The Criminal Procedure (Scotland) Act 1975.	In Schedule 7C, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975.
1975 c. 48.	The Conservation of Wild Creatures and Wild Plants Act 1975.	The whole Act.
1976 c. 16.	The Statute Law (Repeals) Act 1976.	In Schedule 2, in Part II, the entry relating to the Protection of Birds Act 1967.
1976 c. 72.	The Endangered Species (Import and Export) Act 1976.	Section 13(6).
1977 c. 45.	The Criminal Law Act 1977.	In Schedule 6, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975.
1979 c. 2.	The Customs and Excise Management Act 1979.	In Schedule 4, in paragraph 12, in the Table the entry relating to the Protection of Birds Act 1954.
1980 c. 66.	The Highways Act 1980.	In section 31(10) the words “or of that subsection” onwards.
		Section 340(2)(d).
1981 c. 22.	The Animal Health Act 1981.	In Schedule 5, paragraph 1.
1981 c. 37.	The Zoo Licensing Act 1981.	In section 4(5), the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975.