SCHEDULES

F13SCHEDULE ZA1Birds which re-use their nests

Annotations:
Amendments (Textual)

Common name

Scientific name

Eagle, Golden

Aquila chrysaetos

Eagle, White-tailed

Haliaetus albicilla

Osprey

Pandion haliaetus

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.

F2SCHEDULE A1Protected nests and nest sites: birds

Annotations:
Amendments (Textual)

Common name

Scientific name

F140Eagle, Golden

Aquila chrysaetos

Eagle, White-tailed

Haliaetus albicilla

SCHEDULE 1 Birds which are Protected by Special Penalties

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

Part I At All Times

Annotations:
Amendments (Textual)
F56

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

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

F56Capercaillie

F56 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

Part II 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.

F3SCHEDULE 1ABirds which are Protected from Harassment

Annotations:
Amendments (Textual)

Common name

Scientific name

F132Eagle, Golden

Aquila chrysaetos

Eagle, White-tailed

Haliaetus albicilla

F132Harrier, Hen

Circus cyaneus

F132Kite, Red

Milvus milvus

SCHEDULE 2 Birds which may be Killed or Taken

Sections 2, 3, and 22.

Part I Outside the Close Season

Annotations:
Amendments (Textual)
F57

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

F121

Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(a) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)

F131

Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(b) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)

F149

Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(c) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)

Common name

Scientific name

F57Capercaillie

F57Tetrao 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) F133, except F163... Greenland White-fronted Goose

Anser albifrons F155except F112... Anser albifrons flavirostris

F121Grouse, Black

Tetrao tetrix

F121Grouse, Red

Lagopus lagopus scoticus

Mallard

Anas platyrhynchos

Moorhen

Gallinula chloropus

F131Partridge, Grey

Perdix perdix

F131Partridge, Red-legged

Alectoris rufa

F149Pheasant, Common

Phasianus colchicus

Pintail

Anas acuta

Plover, Golden

Pluvialis apricaria

Pochard

Aythya ferina

F149Ptarmigan

Lagopus mutus

Shoveler

Anas clypeata

Snipe, Common

Gallinago gallinago

Teal

Anas crecca

Wigeon

Anas penelope

Woodcock

Scolopax rusticola

F123Part IAException: birds included in Part I which may not be killed or taken on Sundays or Christmas Day

Annotations:
Amendments (Textual)

Common name

Scientific name

Coot

Fulica atra

Duck, Tufted

Aythya fuligula

Gadwall

Anas strepera

Goldeneye

Bucephala clangula

Goose, Canada

Branta canadensis

Goose, Greylag

Anser anser

Goose, Pink-footed

Anser brachyrhynchus

Mallard

Anas platyrhynchos

Moorhen

Gallinula chloropus

Pintail

Anas acuta

Plover, Golden

Pluvialis apricaria

Pochard

Aythya ferina

Shoveler

Anas clypeata

Snipe, Common

Gallinago gallinago

Teal

Anas crecca

Wigeon

Anas penelope

Woodcock

Scolopax rusticola

Part II By Authorised Persons at all Times

Annotations:
Amendments (Textual)
F58

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

Common name

Scientific name

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

F58. . .

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 3 Birds which may be Sold

Sections 6 and 22.

Part I 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

F141Part IAAlive if taken in captivity or by certain persons outside close season or during first 28 days of close season

Annotations:
Amendments (Textual)

Common name

Scientific name

Grouse, Red

Lagopus lagopus scoticus

Mallard

Anas platyrhynchos

Partridge, Grey

Perdix perdix

Partridge, Red-legged

Alectoris rufa

Pheasant, Common

Phasianus colchicus

Part II Dead at all Times

Annotations:
Amendments (Textual)
F59

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

Common name

Scientific name

F59. . .

F59. . .

Woodpigeon

Columba palumbus

F115Part IIADead if killed outside close season by certain persons

Annotations:
Amendments (Textual)

Common name

Scientific name

Coot

Fulica atra

Duck, Tufted

Aythya fuligula

Grouse, Black

Tetrao tetrix

Grouse, Red

Lagopus lagopus scoticus

Mallard

Anas platyrhynchos

Partridge, Grey

Perdix perdix

Partridge, Red-legged

Alectoris rufa

Pheasant, Common

Phasianus colchicus

Pintail

Anas acuta

Plover, Golden

Pluvialis apricaria

Pochard

Aythya ferina

Ptarmigan

Lagopus mutus

Shoveler

Anas clypeata

Snipe, Common

Gallinago gallinago

Teal

Anas crecca

Wigeon

Anas penelope

Woodcock

Scolopax rusticola

Part III Dead from 1st September to 28th February

Annotations:
Amendments (Textual)
F60

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

F125

Entries in Sch. 3 Pt. III repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 5(4)(c) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(c)

Common name

Scientific name

F60 Capercaillie

F60Tetrao urogallus

F125Coot

F125Fulica atra

F125Duck, Tufted

F125Aythya fuligula

F125Mallard

F125Anas platyrhynchos

F125Pintail

F125Anas acuta

F125Plover, Golden

F125Pluvialis apricaria

F125Pochard

F125Aythya ferina

F125Shoveler

F125Anas clypeata

F125Snipe, Common

F125Gallinago gallinago

F125Teal

F125Anas crecca

F125Wigeon

F125Anas penelope

F125Woodcock

F125Scolopax rusticola

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 4 Birds Which Must Be Registered and Ringed if Kept in Captivity

Sections 7 and 22.

Annotations:
Amendments (Textual)
F61

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

F62

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)

Common name

Scientific name

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F49. . .

F49. . .

F49. . .

F49. . .

F49. . .

F49. . .

F49. . .

F49. . .

F61. . .

F61. . .

F61. . .

F61. . .

F49. . .

F49. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F62Falcons (all species)

F62Falconidae

F49. . .

F49. . .

F49. . .

F49. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F62Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case)

F62Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps)

F61. . .

F61. . .

F61. . .

F61. . .

F49. . .

F49. . .

Osprey

Pandion haliaetus

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F49. . .

F49. . .

F49. . .

F49. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F49. . .

F49. . .

F49. . .

F49. . .

F49. . .

F49. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F61. . .

F49. . .

F49. . .

F49. . .

F49. . .

F61. . .

F61. . .

F49. . .

F49. . .

F49. . .

F49. . .

F49. . .

F49. . .

F49. . .

F49. . .

F61. . .

F61. . .

F49. . .

F49. . .

F49. . .

F49. . .

F50. . .

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.

E1F63SCHEDULE 5 Animals which are Protected

Sections 9, 10, 22 and 24.

Annotations:
Extent Information
E1

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

Amendments (Textual)
F63

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)

F64

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

F72

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

F65

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

F74

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

F75

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

F66

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

F67

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

F68

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

F69

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)

F41

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)

F70

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

F71

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)

F73

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 : 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 : 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)

F45

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)

F46

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)

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

F35

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)}

F36

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)}

F37

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)}

F38

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)}

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)}

F29

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)

Common name

Scientific name

F64Adder (in respect of section 9(5) only)

F64Vipera berus

F72Allis Shad (in respect of section 9(1) and (4)(a) only)

F72Alosa alosa

F65Anemone, Ivell’s Sea

F65Edwardsia ivelli

F65Anemone, Startlet Sea

F65Nematosella vectensis

F65Apus

F65Triops cancriformis

Bats, Horseshoe (all species F17but in respect of section 9(4)(b) and (c) and (5) only)

Rhinolophidae

Bats, Typical (all species F18but in respect of section 9(4)(b) and (c) and (5) only)

Vespertilionidae

F74Beetle

F74Graphoderus zonatus

F74Beetle

F74Hypebaeus flavipes

F74Beetle

F74Paracymus aeneus

F74Beetle, Lesser Silver Water

F74Hydrochara caraboides

F74Beetle, Mire Pill (in respect of section 9(4)(a) only)

F74Curimopsis nigrita

Beetle, Rainbow Leaf

Chrysolina cerealis

F75Beetle, Stag (in respect of section 9(5) only)

F75Lucanus cervus

F65Beetle, Violet Click

F65Limoniscus violaceus

Burbot

Lota lota

. . . F66

. . . F66

F67Butterfly, Northern Brown Argus

F67Aricia artaxerxes

F67Butterfly, Adonis Blue

F67Lysandra bellargus

F67Butterfly, Chalkhill Blue

F67Lysandra coridon

F67Butterfly, Silver-studded Blue

F67Plebejus argus

F67Butterfly, Small Blue

F67Cupido minimus

F72Butterfly, Large Copper

F72Lycaena dispar

F67Butterfly, Purple Emperor

F67Apatura iris

F67Butterfly, Duke of Burgandy Fritillary

F67Hamearis lucina

F67Butterfly, Glanville Fritillary

F67Melitaea cinxia

Butterfly, Heath Fritillary

Mellicta athalia (otherwise known as Melitaea athalia)

F68Butterfly, High Brown Fritillary

F68Argynnis adippe

F72Butterfly, Marsh Fritillary

F72Eurodryas aurinia

F67Butterfly, Pearl-bordered Fritillary

F67Boloria euphrosyne

F67Butterfly, Black Hairstreak

F67Strymonidia pruni

F67Butterfly, Brown Hairstreak

F67Thecla betulae

F67Butterfly, White Letter Hairstreak

F67Stymonida w-album

F67Butterfly, Large Heath

F67Coenonympha tullia

Butterfly, Large BlueF16 (in respect of section 9(4)(b) and (c) and (5) only)

Maculinea arion

F67Butterfly, Mountain Ringlet

F67Erebia epiphron

. . . F66

. . . F66

F67Butterfly, Chequered Skipper

F67Carterocephalus palaemon

F67Butterfly, Lulworth Skipper

F67Thymelicus acteon

F67Butterfly, Silver Spotted Skipper

F67Hesperia comma

Butterfly, Swallowtail

Papilio machaon

F67Butterfly, Large tortoiseshell

F67Nymphalis polychloros

F67Butterfly, Wood White

F67Leptidea sinapis

F65Cat, WildF16 (in respect of section 9(4)(b) and (c) and (5) only)

F65Felis silverstris

F65Cicada, New Forest

F65Cicadetta montana

F69Crayfish, Atlantic Stream

F69Austropotamobius pallipes

Cricket, Field

Gryllus campestris

Cricket, Mole

Gryllotalpa gryllotalpa

F75Dameselfly, Southern

F75Coenagrion mercuriale

F41. . .

F41. . .

F41. . .

F41. . .

F31“Dolphins (all species but in respect of section 9(4A) and (5) only)

Cetacea”

F65DormouseF16 (in respect of section 9(4)(b) and (c) and (5) only)

F65Muscardinus avellanarius

Dragonfly, Norfolk Aeshna

Aeshna isosceles

Frog, Common (in respect of section 9(5) only)

Rana temporaria

F147Frog, Pool (Northern Clade) (in respect of section 9(4)(b) and (c)(1) only and with respect to England only)

F147Pelophylax lessonae

F75Goby, Couch’s

F75Gobius couchii

F75Goby, Giant

F75Gobius cobitis

Grasshopper, Wart-biter

Decticus verrucivorus

F74Hatchet Shell, Northern

F74Thyasira gouldi

F75Hydroid, Marine

F75Clavopsella navis

F161. . .

F161. . .

F74Lagoon Snail, De Folin’s

F74Caecum armoricum

F74Lagoon Worm, Tentacled F160(in respect of section 9(4)(a) only)

F74Alkmaria romijni

F65Leech, Medicinal

F65Hirudo medicinalis

Lizard, SandF16 (in respect of section 9(4)(b) and (c) and (5) only)

Lacerta agilis

F70Lizard, Viviparous (in respect of section 9(5) only)

F70Lacerta vivipara

F65Marten, Pine

F65Martes martes

F65Mat. Trembling Sea

F65Victorella pavida

Moth, Barberry Carpet

Pareulype berberata

Moth, Black-veined

Siona lineata (otherwise known as Idaea lineata)

F161. . .

F161. . .

F75Moth, Fiery Clearwing

F75Bembecia chrysidiformis

F75Moth, Fisher’s EstuarineF48(in respect of section 9(4)(b) and (c) and (5) only)

F75Gortyna borelii

Moth, New Forest Burnet

Zygaena viciae

Moth, Reddish Buff

Acosmetia caliginosa

F147Moth, Slender Scotch Burnet (in respect of section 9(5) only)

F147Zygaena loti subspecies scotica

F74Moth, Sussex Emerald

F74Thalera fimbrialis

F147Moth, Talisker Burnet (in respect of section 9(5) only)

F147Zygaena lonicerae subspecies jocelynae

F71. . .

F71. . .

F75Mussel, Fan (in respect of section 9(1), (2) and (5) only)

F75Atrina fragilis

F73Mussel, Freshwater Pearl

F73Margaritifera margaritifera

F28Newt, 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, CommonF16 (in respect of section 9(4)(b) and (c) and (5) only)

Lutra lutra

F41. . .

F41. . .

F32“Porpoises (all species but in respect of section 9(5) only)

Cetacea”

F65Sandworm, Lagoon

F65Armandia cirrhosa

F74Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only

F74Eunicella verrucosa

F43Seahorse, Short Snouted (with respect to England F44and Walesonly)

F43Hippocampus hippocampus

F43Seahorse, Spiny (with respect to England F45and Walesonly)

F43Hippocampus guttulatus

F74Sea Slug, Lagoon

F74Tenellia adspersa

F75Shad, Twaite (in respect of F157section 9(1) and (4)(a)only)

F75Alosa fallax

F43Shark, Angel F119(in respect of section 9(1), (2) and (5) only)

F43Squatina squatina

F75Shark, Basking

F75Cetorhinus maximus

F65Shrimp, Fairy

F65Chirocephalus diaphanus

F65Shrimp, Lagoon Sand F144(in respect of section 9(4)(a) only)

F65Gammarus insensiblis

F147Skate, White (in respect of section 9(1), (2) and (5) only)

F147Rostroraja alba

F70Slow-worm (in respect of section 9(5) only)

F70Anguis fragilis

F66. . .

F66 . . .

Snail, Glutinous

Myxas glutinosa

F43Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England F46and Walesonly)

F43Helix pomatia

Snail, Sandbowl

Catinella arenaria

F70Snake, Grass (in respect of section 9(5) only)

F70Natrix helvetica (also known as Natrix natrix)

Snake, SmoothF16 (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

F74SturgeonF16 (in respect of section 9(4)(b) and (c) and (5) only)

F74Acipenser sturio

Toad, Common (in respect of section 9(5) only)

Bufo bufo

Toad, NatterjackF16 (in respect of section 9(4)(b) and (c) and (5) only)

Bufo calamita

F33“Turtle, Flatback

Natator depressus”

F34Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only)

Chelonia mydas

F35Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only)

Eretmochelys imbricata

F36Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only)

Lepidochelys kempii

F37Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only)

Dermochelys coriacea

F38Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only)

Caretta caretta

F39Turtle, Olive Ridley

Lepidochelys olivacea

F29. . .

F29. . .

F65Vendace

F65Coregonus albula

F75Vole, Water F47. . .

F75Arvicola terrestris

F65Walrus

F65Odebenus rosmarus

F65Whale (all species)F30 but in respect of section 9(4A) and (5) only

F65Cetacea

F65Whitefish

F65Coregonus lavaretus

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.

F42 NOTE 2. F134...

E2C1SCHEDULE 5 Animals which are Protected F148under Section 9

Sections 9, 10, 22 and 24.

Annotations:
Extent Information
E2

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

Amendments (Textual)
Modifications etc. (not altering text)
C1

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

F64Adder (in respect of section 9(5) only)

F64Vipera berus

F72Allis Shad (in respect of section 9(1) and (4)(a) only)

F72Alosa alosa

F65Anemone, Ivell’s Sea

F65Edwardsia ivelli

F65Anemone, Startlet Sea

F65Nematosella vectensis

F65Apus

F65Triops cancriformis

F14. . .

F14. . .

F14. . .

F14. . .

[F74Beetle]

[F74Graphoderus zonatus]

[F74Beetle]

[F74Hypebaeus flavipes]

[F74Beetle]

[F74Paracymus aeneus]

[F74Beetle, Lesser Silver Water]

[F74Hydrochara caraboides]

[F74Beetle, Mire Pill (in respect of section 9(4)(a) only)]

[F74Curimopsis nigrita]

Beetle, Rainbow Leaf

Chrysolina cerealis

F75Beetle, Stag (in respect of section 9(5) only)

F75Lucanus cervus

F65Beetle, Violet Click

F65Limoniscus violaceus

Burbot

Lota lota

. . . F66

. . . F66

F67Butterfly, Northern Brown Argus

F67Aricia artaxerxes

F67Butterfly, Adonis Blue

F67Lysandra bellargus

F67Butterfly, Chalkhill Blue

F67Lysandra coridon

F67Butterfly, Silver-studded Blue

F67Plebejus argus

F67Butterfly, Small Blue

F67Cupido minimus

F72Butterfly, Large Copper

F72Lycaena dispar

F67Butterfly, Purple Emperor

F67Apatura iris

F67Butterfly, Duke of Burgandy Fritillary

F67Hamearis lucina

F67Butterfly, Glanville Fritillary

F67Melitaea cinxia

Butterfly, Heath Fritillary

Mellicta athalia (otherwise known as Melitaea athalia)

F68Butterfly, High Brown Fritillary

F68Argynnis adippe

F72Butterfly, Marsh Fritillary

F72Eurodryas aurinia

F67Butterfly, Pearl-bordered Fritillary

F67Boloria euphrosyne

F67Butterfly, Black Hairstreak

F67Strymonidia pruni

F67Butterfly, Brown Hairstreak

F67Thecla betulae

F67Butterfly, White Letter Hairstreak

F67Stymonida w-album

F67Butterfly, Large Heath

F67Coenonympha tullia

F14. . .

F14. . .

F67Butterfly, Mountain Ringlet

F67Erebia epiphron

. . . F66

. . . F66

F67Butterfly, Chequered Skipper

F67Carterocephalus palaemon

F67Butterfly, Lulworth Skipper

F67Thymelicus acteon

F67Butterfly, Silver Spotted Skipper

F67Hesperia comma

Butterfly, Swallowtail

Papilio machaon

F67Butterfly, Large tortoiseshell

F67Nymphalis polychloros

F67Butterfly, Wood White

F67Leptidea sinapis

F14. . .

F14. . .

F65Cicada, New Forest

F65Cicadetta montana

F69Crayfish, Atlantic Stream

F69Austropotamobius pallipes

Cricket, Field

Gryllus campestris

Cricket, Mole

Gryllotalpa gryllotalpa

F75Dameselfly, Southern

F75Coenagrion mercuriale

Dolphin, Bottle-nosed

Tursiops truncatus (otherwise known as Tursiops tursio)

Dolphin, Common

Delphinus delphis

F14. . .

F14. . .

Dragonfly, Norfolk Aeshna

Aeshna isosceles

Frog, Common (in respect of section 9(5) only)

Rana temporaria

F75Goby, Couch’s

F75Gobius couchii

F75Goby, Giant

F75Gobius cobitis

Grasshopper, Wart-biter

Decticus verrucivorus

[F74Hatchet Shell, Northern]

[F74Thyasira gouldi]

F75Hydroid, Marine

F75Clavopsella navis

[F74Lagoon Snail]

[F74Paludinella littorina]

[F74Lagoon Snail, De Folin’s]

[F74Caecum armoricum]

[F74Lagoon Worm, Tentacled]

[F74Alkmaria romijni]

F65Leech, Medicinal

F65Hirudo medicinalis

F14. . .

F14. . .

F70Lizard, Viviparous (in respect of section 9(5) only)

F70Lacerta vivipara

F65Marten, Pine

F65Martes martes

F65Mat. Trembling Sea

F65Victorella pavida

Moth, Barberry Carpet

Pareulype berberata

Moth, Black-veined

Siona lineata (otherwise known as Idaea lineata)

Moth, Essex Emerald

Thetidia smaragdaria

F75Moth, Fiery Clearwing

F75Bembecia chrysidiformis

F75Moth, Fisher’s Estuarine

F75Gortyna borelii

Moth, New Forest Burnet

Zygaena viciae

Moth, Reddish Buff

Acosmetia caliginosa

[F74Moth, Sussex Emerald]

[F74Thalera fimbrialis]

F71. . .

F71. . .

F75Mussel, Fan (in respect of section 9(1), (2) and (5) only)

F75Atrina fragilis

F73Mussel, Freshwater Pearl

F73Margaritifera margaritifera

F14. . .

F14. . .

Newt, Palmate (in respect of section 9(5) only)

Triturus helveticus

Newt, Smooth (in respect of section 9(5) only)

Triturus vulgaris

F14. . .

F14. . .

Porpoise, Harbour (otherwise known as Common porpoise)

Phocaena phocaena

F65Sandworm, Lagoon

F65Armandia cirrhosa

[F74Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only]

[F74Eunicella verrucosa]

[F74Sea Slug, Lagoon]

[F74Tenellia adspersa]

F75Shad, Twaite (in respect of section 9(4)(a) only)

F75Alosa fallax

F75Shark, Basking

F75Cetorhinus maximus

F65Shrimp, Fairy

F65Chirocephalus diaphanus

F65Shrimp, Lagoon Sand

F65Gammarus insensiblis

F70Slow-worm (in respect of section 9(5) only)

F70Anguis fragilis

F66 . . .

F66 . . .

Snail, Glutinous

Myxas glutinosa

Snail, Sandbowl

Catinella arenaria

F70Snake, Grass (in respect of section 9(5) only)

F70Natrix helvetica (also known as Natrix natrix)

F14. . .

F14. . .

Spider, Fen Raft

Dolomedes plantarius

Spider, Ladybird

Eresus niger

Squirrel, Red

Sciurus vulgaris

F14. . .

F14. . .

Toad, Common (in respect of section 9(5) only)

Bufo bufo

F14. . .

F14. . .

F14. . .

F14. . .

F65Vendace

F65Coregonus albula

F75Vole, Water (in respect of section 9(4) only)

F75Arvicola terrestris

F65Walrus

F65Odebenus rosmarus

F14. . .

F14. . .

F65Whitefish

F65Coregonus lavaretus

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.

F151SCHEDULE 5AAnimals which are Protected under Section 10A in their Close Season

(introduced by sections 10A and 22)

Annotations:
Amendments (Textual)

Common name

Scientific name

Hare, mountain

Lepus timidus

Hare, brown

Lepus europaeus

SCHEDULE 6 Animals which may not be Killed or Taken by Certain Methods

Sections 11 and 22.

Annotations:
Amendments (Textual)
F111

Entries in Sch. 6 repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 19 , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(k)

Common name

Scientific name

Badger

Meles meles

F111Bats, Horseshoe (all species)

Rinolophidae

F111Bats, Typical (all species)

Vespertilionidae

F111Cat, Wild

Felis silvestris

F111Dolphin, Bottle-nosed

Tursiops truncatus (otherwise known as Tursiops tursio)

F111Dolphin, Common

Delphinis delphis

F111Dormice (all species)

Gliridae

Hedgehog

Erinaceus europaeus

F111Marten, Pine

Martes martes

F111Otter, Common

Lutra lutra

F111Polecat

Mustela putorius

F111Porpoise, 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.

F124SCHEDULE 6ZAAnimals which may not be killed or taken by trapping or snaring

Section 11(2)

Annotations:
Amendments (Textual)

Common name

Scientific name

Badger

Meles meles

Beaver, European

Castor fiber

Marten, Pine

Martes martes

Otter, Common

Lutra lutra

Stoat (otherwise known as Ermine)

Mustela erminea

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

F156SCHEDULE 6AAnimals not to be Poached

(introduced by sections 11G and 22)

Annotations:
Amendments (Textual)

Common name

Scientific name

Hare, mountain

Lepus timidus

Hare, brown

Lepus europaeus

Rabbit

Oryctolagus cuniculus

SCHEDULE 7F167 Protection of Certain MammalsF167Amendment of Acts In Relation To Night Shooting of Hares and Rabbits

Annotations:
Amendments (Textual)

The Ground Game Act 1880

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.

2

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

The Agriculture (Scotland) Act 1948

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.

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.

The Dogs (Protection of Livestock) Act 1953

X4 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

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.

Annotations:
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.

Marginal Citations

The Deer Act 1963

X2F76 4

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).

Annotations:
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.

Amendments (Textual)
F76

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

X5F77 5

1

After section 10 of that Act there shall be inserted the following section—

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.

Annotations:
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.

Amendments (Textual)
F77

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 .

X3F78 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.

2

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

Annotations:
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.

Amendments (Textual)
F78

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

X1 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

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.

Annotations:
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

The Badgers Act 1973

F79 8

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

F80 9

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

F81 10

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

F82 11

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

F83 12

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

SCHEDULE 8 Plants which are Protected

Sections 13, 22 and 24.

Annotations:
Amendments (Textual)
F84

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

F87

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

F86

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

F85

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

Common name

Scientific name

F84Adder’s-tongue, Least

F84Ophioglossum lusitanicum

Alison, Small

Alyssum alyssoides

F87Anomodon, Long-leaved

F87Anomodon longifolius

F87Beech-lichen, New Forest

F87Enterographa elaborata

F86Blackwort

F86Southbya nigrella

F87Bluebell (in respect of section 13(2) only)

F87Hyacinthoides non-scripta

F87Bolete, Royal

F87Boletus regius

Broomrape, Bedstraw

Orobanche caryophyllacea

Broomrape, Oxtongue

Orobanche loricata

Broomrape, Thistle

Orobanche reticulata

F84Cabbage, Lundy

F84Rhynchosinapis wrightii

Calamint, Wood

Calamintha sylvatica

F86Caloplaca, Snow

F86Caloplaca nivalis

F86Catapyrenium, Tree

F86Catapyrenium psoromoides

Catchfly, Alpine

Lychnis alpina

F86Catillaria, Laurer’s

F86Catellaria laurei

F86Centaury, Slender

F86Centaurium tenuiflorum

Cinquefoil, Rock

Potentilla rupestris

F87Cladonia, Convoluted

F87Cladonia convoluta

F86Cladonia, Upright Mountain

F86Cladonia stricta

F86Clary, Meadow

F86Salvia pratensis

Club-rush, Triangular

Scirpus triquetrus

F84Colt’s-foot, Purple

F84Homogyne alpina

Cotoneaster, Wild

Cotoneaster integerrimus

F84Cottongrass, Slender

F84Eriophorum gracile

Cow-wheat, Field

Melampyrum arvense

F84Crocus, Sand

F84Romulea columnae

F86Crystalwort, Lizard

F86Riccia bifurca

F86Cudweed, Broad-leaved

F86Filago pryamidata

Cudweed, Jersey

Gnaphalium luteoalbum

F84Cudweed, Red-tipped

F84Filago lutescens

F87Cut-grass

F87Leersia oryzoides

F87Deptford Pink (in respect of England and Wales only)

F87Dianthus armeria

Diapensia

Diapensia lapponica

F15F86Dock, ShoreF19(in respect of section 13(2) only)

F15F86Rumex rupestris

F86Earwort, Marsh

F86Jamesoniella undulifolia

Eryngo, Field

Eryngium campestre

F87Feather-moss, Polar

F87Hygrohypnum polare

Fern, Dickie’s Bladder

Cystopteris dickieana

F15Fern, Killarney F20(in respect of section 13(2) only)

F15Trichomanes speciosum

F86Flapwort, Norfolk

F86Leiocolea rutheana

F84Fleabane, Alpine

F84Erigeron borealis

F84Fleabane, Small

F84Pulicaria vulgaris

F86Frostwort, Pointed

F86Gymnomitrion apiculatum

F87Fungus, Hedgehog

F87Hericium erinaceum

Galingale, Brown

Cyperus fuscus

Gentian, Alpine

Gentiana nivalis

F86Gentian, Dune

F86Gentianella uliginosa

F15F86Gentian, EarlyF21(in respect of section 13(2) only)

F15F86 Gentianella anglica

F84Gentian, Fringed

F84Gentianella ciliata

Gentian, Spring

Gentiana verna

F84Germander, Cut-leaved

F84Teucrium botrys

Germander, Water

Teucrium scordium

Gladiolus, Wild

Gladiolus illyricus

F87Goblin Lights

F87Catolechia wahlenbergii

F84Goosefoot, Stinking

F84Chenopodium vulvaria

F84Grass-poly

F84Lythrum hyssopifolia

F86Grimmia, Blunt-leaved

F86Grimmia unicolor

F86Gyalecta, Elm

F86Gyalecta ulmi

Hare’s-ear, Sickle-leaved

Bupleurum falcatum

Hare’s-ear, Small

Bupleurum baldense

F84Hawk’s-beard, Stinking

F84Crepis foetida

F86Hawkweed, Northroe

F86Hieracium northroense

F86Hawkweed, Shetland

F86Hieracium zetlandicum

F86Hawkweed, Weak-leaved

F86Hieracium attenuatifolium

Heath, Blue

Phyllodoce caerulea

Helleborine, Red

Cephalanthera rubra

F166F84Helleborine, Young’s

F166F84Epipactis youngiana

F84Horsetail, Branched

F84Equisetum ramosissimum

F84Hound’s-tongue, Green

F84Cynoglossum germanicum

Knawel, Perennial

Scleranthus perennis

Knotgrass, Sea

Polygonum maritimum

F15Lady’s-slipper F22(in respect of section 13(2) only)

F15Cypripedium calceolus

F85. . .

F85. . .

F85. . .

F85. . .

F166F86Lecanactis, Churchyard

F166F86Lecanactis hemisphaerica

F86Lecanora, Tarn

F86Lecanora archariana

F86Lecidea, Copper

F86Lecidea inops

Leek, Round-headed

Allium sphaerocephalon

Lettuce, Least

Lactuca saligna

F86Lichen, Arctic Kidney

F86Nephroma arcticum

F86Lichen, Ciliate Strap

F86Heterodermia leucomelos

F86Lichen, Coralloid Rosette

F86Heterodermia propagulifera

F86Lichen, Ear-lobed Dog

F86Peltigera lepidophora

F86Lichen, Forked Hair

F86Bryoria furcellata

F86Lichen, Golden Hair

F86Teloschistes flavicans

F86Lichen, Orange Fruited Elm

F86Caloplaca luteoalba

F86Lichen, River Jelly

F86Collema dichotomum

F86Lichen, Scaly Breck

F86Squamarina lentigera

F86Lichen, Stary Breck

F86Buellia asterella

Lily, Snowdon

Lloydia serotina

F86Liverwort

F86Petallophyllum ralfsi

F86Liverwort, Lindenberg’s Leafy

F86Adelanthus lindenbergianus

Marsh-mallow, Rough

Althaea hirsuta

F15F84Marshwort, CreepingF23(in respect of section 13(2) only)

F15F84Apium repens

F84Milk-parsley, Cambridge

F84Selinum carvifolia

F86Moss

F86Drepanocladius vernicosus

F86Moss, Alpine Copper

F86Mielichoferia mielichoferi

F86Moss, Baltic Bog

F86Sphagnum balticum

F86Moss, Blue Dew

F86Saelania glaucescens

F86Moss, Blunt-leaved Bristle

F86Orthotrichum obtusifolium

F86Moss, Bright Green Cave

Cyclodictyon laetevirens

F86Moss, Cordate Beard

F86Barbula cordata

F86Moss, Cornish Path

F86Ditrichum cornubicum

F86Moss, Derbyshire Feather

F86Thamnobryum angustifolium

F166F86Moss, Dune Thread

F166F86Bryum mamillatum

F87Moss, Flamingo

F87Desmatodon cernuus

F86Moss, Glaucous Beard

F86Barbula glauca

F86Moss, Green Shield

F86Buxbaumia viridis

F86Moss, Hair Silk

F86Plagiothecium piliferum

F86Moss, Knothole

F86Zygodon forsteri

F86Moss Large Yellow Feather

F86Scorpidium turgescens

F86Moss, Millimetre

F86Micromitrium tenerum

F86Moss, Multifruited River

F86Cryphaea lamyana

F86Moss, Nowell’s Limestone

F86Zygodon gracilis

F86Moss, Rigid Apple

F86Bartramia stricta

F86Moss, Round-leaved Feather

F86Rhynocostegium rotundifolium

F86Moss, Schleicher’s Thread

F86Bryum schleicheri

F86Moss, Triangular Pygmy

{ F86Acaulon triquetrum

F86Moss, Vaucher’s Feather

F86Hypnum vaucheri

F86Mudwort, Welsh

F86Limosella australis

F84Naiad, Holly-leaved

F84Najas marina

F15F86Naiad, SlenderF24(in respect of section 13(2) only)

F15F86Najas flexilis

F86Orache, Stalked

F86Halimione pedunculata

Orchid, Early Spider

Ophryas sphegodes

F15Orchid, Fen F25 (in respect of section 13(2) only)

F15Liparis loeselii

Orchid, Ghost

Epipogium aphyllum

F86Orchid, Lapland Marsh

F86Dactylorhiza lapponica

Orchid, Late Spider

Ophrys fuciflora

Orchid, Lizard

Himantoglossum hircinum

Orchid, Military

Orchis militaris

Orchid, Monkey

Orchis simia

F86Pannaria, Caledonia

F86Pannaria ignobilis

F86Parmelia, New Forest

F86Parmelia minarum

F86Parmentaria, Oil Stain

F86Parmentaria chilensis

Pear, Plymouth

Pyrus cordata

F86Penny-cress, Perfoliate

F86Thlaspi perfoliatum

F84Pennyroyal

F84Mentha pulegium

F86Pertusaria, Alpine Moss

F86Pertusaria bryontha

F86Physcia, Southern Grey

F86Physcia tribacioides

F84Pigmyweed

F84Crassula aquatica

F86Pine, Ground

F86Ajuga chamaepitys

Pink, Cheddar

Dianthus gratianopolitanus

Pink, Childling

Petroraghia nanteuilii

F15F86Plantain, Floating WaterF26(in respect of section 13(2) only)

F15F86Luronium natans

F87Polypore, Oak

F87Buglossoporus pulvinus

F86Pseudocyphellaria, Ragged

F86Pseudocyphellaria lacerata

F86Psora, Rusty Alpine

F86Psora rubiformis

F87Puffball, Sandy Stilt

F87Battarraea phalloides

F84Ragwort, Fen

F84Senecio paludosus

F84Ramping-fumitory, Martin’s

F84Fumaria martinii

F86Rampion, Spiked

F86Phyteuma spicatum

F84Restharrow, Small

F84Ononis reclinata

F84Rock-cress, Alpine

F84Arabis alpina

F84Rock-cress, Bristol

F84Arabis stricta

F138Rock Nail

F138Calicium corynellum

F86Rustworth, Western

F86Marsupella profunda

Sandwort, Norwegian

Arenaria norvegica

Sandwort, Teesdale

Minuartia stricta

Saxifrage, Drooping

Saxifraga cernua

F15F86Saxifrage, MarshF27(in respect of section 13(2) only)

F15F86Saxifrage hirulus

Saxifrage, Tufted

Saxifraga cespitosa

F86Solenopsora, Serpentine

F86Solenopsora liparina

Solomon’s-seal, Whorled

Polygonatum verticillatum

Sow-thistle, Alpine

Cicerbita alpina

Spearwort, Adder’s-tongue

Ranunculus ophioglossifolius

F84Speedwell, Fingered

F84Veronica triphyllos

Speedwell, Spiked

Veronica spicata

F85. . .

F85. . .

F87Spike-rush, Dwarf

F87Eleocharis parvula

F87Stack Fleawort, South

F87Tephroseris integrifolia (ssp maritima)

F84Star-of-Bethlehem, Early

F84Gagea bohemica

Starfruit

Damasonium alisma

F86Stonewort, Bearded

F86Chara canescens

F84Stonewort, Foxtail

F84Lamprothamnium papulosum

F84Strapwort

F84Corrigiola litoralis

F87Sulphur-tresses, Alpine

F87Alectoria ochroleuca

F166F87Threadmoss, Long-leaved

F166F87Bryum neodamense

F138Tree Lungwort (in respect of section 13(2) only)

F138Lobaria pulmonaria

F86Turpswort

F86Geocalyx graveolens

Violet, Fen

Viola persicifolia

F84Viper’s-grass

F84Scorzonera 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

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.

F117SCHEDULE 9 Animals and Plants to which Section 14 Applies

Sections 14 and 22.

Annotations:
Amendments (Textual)

Part IF129NON-NATIVE Animals which are established in the wild

Annotations:
Amendments (Textual)
F129

Words in Sch. 9 Pt. I heading inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(2), 57(4); S.I. 2015/481, reg. 2(b)

F159

Entries in Sch. 9 Pt. I omitted (E.W.) (5.3.2015 for E.) by virtue of Infrastructure Act 2015 (c. 7), ss. 24(3), 57(4); S.I. 2015/481, reg. 2(b)

F127

Words in Sch. 9 Pt. 1 omitted (E.W.) (1.12.2019) by virtue of The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(3)(a) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))

F88

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

F90

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

F91

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

F89

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

Common name

Scientific name

Bass, Large-mouthed Black

Micropterus salmoides

Bass, Rock

Ambloplites rupestris

Bitterling

Rhodeus sericeus

F51F159Boar, Wild

F51F159Sus scrofa

F52. . .

F52. . .

F159Capercaillie

F159Tetrao urogallus

F51F159Chough

F51F159Pyrrhocorax pyrrhocorax

F51F159Corncrake

F51F159Crex crex

F52. . .

F52. . .

F127F51Crab, Chinese Mitten

F127F51Eriocheir sinensis

F88Crayfish, Noble

F88Astacus astacus

F51F159Crane, Common

F51F159Grus grus

F127F51Crayfish, Red Swamp

F127F51Procambarus clarkii

F127F88Crayfish, Signal

F127F88Pacifastacus leniusculus

F127F51Crayfish, Spiny-cheek

F127F51Orconectes limosus

F88Crayfish, Turkish

F88Astacus leptodactylus

F51Deer, Chinese Water

F51Hydropotes inermis

F127F90Deer, Muntjac

F127F90Muntiacus reevesi

F88Deer, Sika

F88Cervus nippon

F91 Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer

F91 Any hybrid of Cervus nippon

F52. . .

F52. . .

F52. . .

F52. . .

Dormouse, Fat

Glis glis

Duck, Carolina Wood

Aix sponsa

Duck, Mandarin

Aix galericulata

F127Duck, Ruddy

F127Oxyura jamaicensis

F159Eagle, White-tailed

F159Haliaetus albicilla

F51Flatworm

F51Kontikia andersoni

F51Flatworm

F51Kontikia ventrolineata

F51Flatworm, Australian

F51Australoplana sanguinea

F88Flatworm, New Zealand

F88Artiposthia triangulata

Frog, Edible

Rana esculenta

Frog, European Tree (otherwise known as Common tree frog)

Hyla arborea

Frog, Marsh

Rana ridibunda

F52. . .

F52. . .

F51Goose, Bar-headed

F51Anser indicus

F51Goose, Barnacle

F51Branta leucopsis

Goose, Canada

Branta canadensis

F127Goose, Egyptian

F127Alopochen aegyptiacus

F51Goose, Emperor

F51Anser canagicus

F51Goose, Snow

F51Anser caerulescens

F51F159Goshawk

F51F159Accipiter gentilis

Heron, Night

Nycticorax nycticorax

F51F159Kite, Red

F51F159Milvus milvus

F51Limpet, Slipper

F51Crepidula fornicata

Lizard, Common Wall

Podarcis muralis

Marmot, Prairie (otherwise known as Prairie dog)

Cynomys

Mink, American

Mustela vison

Newt, Alpine

Triturus alpestris

F88Newt, Italian Crested

F88Triturus carnifex

F89F159Owl, Barn

F89F159Tyto alba

F51Owl, Eagle

F51Bubo bubo

F51Oyster Drill, American

F51Urosalpinx cinerea

F51Parakeet, Monk

F51Myiopsitta 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

F51Pochard, Red-crested

F51Netta rufina

F52. . .

F52. . .

F52. . .

F52. . .

Pumpkinseed (otherwise known as Sun-fish or Pond-perch)

Lepomis gibbosus

F52. . .

F52. . .

Rat, Black

Rattus rattus

F51Shelduck, Ruddy

F51Tadorna ferruginea

F88Snake, Aesculapian

F88Elaphe longissima

F127Squirrel, Grey

F127Sciurus carolinensis

F51Swan, Black

F51Cygnus 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

F145PART IANATIVE ANIMALS

Annotations:
Amendments (Textual)
F145

Sch. 9 Pt. 1A inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(4), 57(4); S.I. 2015/481, reg. 2(b)

Common name

Scientific name

Capercaillie

Tetrao urogallus

Chough

Pyrrhocorax pyrrhocorax

Corncrake

Crex crex

Crane, Common

Grus grus

Eagle, White-tailed

Haliaetus albicilla

Goshawk

Accipiter gentilis

Kite, Red

Milvus milvus

Owl, Barn

Tyto alba.

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.

F130PART IBANIMALS NO LONGER NORMALLY PRESENT

Annotations:
Amendments (Textual)
F130

Sch. 9 Pt. 1B inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(5), 57(4); S.I. 2015/481, reg. 2(b)

Common name

Scientific name

Beaver, Eurasian F150(but not in relation to Wales)

Castor fiber

Boar, Wild

Sus Scrofa.

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 Plants

Annotations:
Amendments (Textual)
F92

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

Common name

Scientific name

F53Alexanders, Perfoliate

F53Smyrnium perfoliatum

F53Algae, Red

F53Grateloupia luxurians

F53Archangel, Variegated Yellow

F53Lamiastrum galeobdolon subsp. argentatum

F53Azalea, Yellow

F53Rhododendron luteum

F116F53Balsam, Himalayan

F116F53Impatiens glandulifera

F53Cotoneaster

F53Cotoneaster horizontalis

F53Cotoneaster, Entire-leaved

F53Cotoneaster integrifolius

F53Cotoneaster, Himalayan

F53Cotoneaster simonsii

F53Cotoneaster, Hollyberry

F53Cotoneaster bullatus

F53Cotoneaster, Small-leaved

F53Cotoneaster microphyllus

F53Creeper, False Virginia

F53Parthenocissus inserta

F53Creeper, Virginia

F53Parthenocissus quinquefolia

F53Dewplant, Purple

F53Disphyma crassifolium

F116F53Fanwort

F116F53Cabomba caroliniana

F53Fern, Water

F53Azolla filiculoides

F53Fig, Hottentot

F53Carpobrotus edulis

F53Garlic, Three-cornered

F53Allium triquetrum

F116Hogweed, Giant

F116Heracleum mantegazzianum

F116F53Hyacinth, water

F116F53Eichhornia crassipes

F92Kelp, Giant

F92Macrocystis angustifolia

F92Kelp, Giant

F92Macrocystis integrifolia

F92Kelp, Giant

F92Macrocystis laevis

Kelp, Giant

Macrocystis pyrifera

F92Kelp, Japanese

F92Laminaria japonica

F53Knotweed, Giant

F53Fallopia sachalinensis

F53Knotweed, Hybrid

F53Fallopia japonica x Fallopia sachalinensis

F53Knotweed, Japanese

F53Fallopia japonica

F54Knotweed, Japanese

F54Polygonum cuspidatum

F53Leek, Few-flowered

F53Allium paradoxum

F53Lettuce, water

F53Pistia stratiotes

F53Montbretia

F53Crocosmia x crocosmiiflora

F116F53Parrot's-feather

F116F53Myriophyllum aquaticum

F116F53Pennywort, Floating

F116F53Hydrocotyle ranunculoides

F53Potato, Duck

F53Sagittaria latifolia

F116F53Primrose, Floating Water

F116F53Ludwigia peploides

F116F53Primrose, Water

F116F53Ludwigia grandiflora

F53Primrose, Water

F53Ludwigia uruguayensis

F53Rhododendron

F53Rhododendron ponticum

F53Rhododendron

F53Rhododendron ponticum x Rhododendron maximum

F116F53Rhubarb, Giant

F116F53Gunnera tinctoria

F53Rose, Japanese

F53Rosa rugosa

F53Salvinia, Giant

F53Salvinia molesta

F53Seafingers, Green

F53Codium fragile

F54Seafingers, Green

F54Codium fragile tomentosoides

F92Seaweed, Californian Red

F92Pikea californica

F92Seaweed, Hooked Asparagus

F92Asparagopsis armata

Seaweed, Japanese

Sargassum muticum

F92Seaweeds, Laver (except native species)

F92Porphyra spp except -

F92p. amethystea

F92p. leucosticta

F92p. linearis

F92p. miniata

F92p. purpurea

F92p. umbilicalis

F53Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed)

F53Crassula helmsii

F92Wakame

F92Undaria pinnatifida

F116F53Waterweed, Curly

F116F53Lagarosiphon major

F135F53WaterweedsF135Waterweeds (except Nuttall’s Waterweed)

F135F53All species of the genus Elodea.F135All species of the genus Elodea, except Elodea nuttallii

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.

F137SCHEDULE 9ASpecies control agreements and orders (England and Wales)

Section 14(4A)

Annotations:
Amendments (Textual)

PART 1Overview and interpretation

Overview

1

1

This Schedule provides for—

a

species control agreements between environmental authorities and owners of premises, and

b

species control orders made by environmental authorities,

and for related matters.

2

A species control agreement or species control order may relate to—

F114a

a species of animal or plant included on the F165list of species of special concern,

b

an invasive non-native species of animal or plant not falling within sub-paragraph (a), or

c

a species of animal that is no longer normally present in Great Britain.

This is subject to the other provisions of this Schedule.

3

The following definitions apply for the purposes of this Schedule.

Definitions relating to species

2

1

“Species” means any kind of animal or plant.

2

A species is “invasive” if, uncontrolled, it would be likely to have a significant adverse impact on—

a

biodiversity,

b

other environmental interests, or

c

social or economic interests.

3

A species is “non-native” if—

a

it is listed in Part 1 or 2 of Schedule 9, or

b

in the case of a species of animal, it is a species—

i

whose natural range does not include any part of Great Britain, and

ii

which has been introduced into Great Britain or is present in Great Britain because of other human activity.

4

References to a species being “present” on premises include its being present at any stage in its life-cycle (for example, as eggs or seeds).

5

A species of animal is “no longer normally present in Great Britain” if—

a

it is a species listed in Part 1B of Schedule 9, or

b

it is a species—

i

whose natural range includes all or any part of Great Britain, and

ii

which has ceased to be ordinarily resident in, or a regular visitor to, Great Britain in a wild state.

F118F1536

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

Environmental authorities

3

1

“Environmental authority”, in relation to premises in England, means—

a

the Secretary of State,

b

the Environment Agency,

c

Natural England, and

d

the Forestry Commissioners.

2

“Environmental authority”, in relation to premises in Wales, means—

a

the Welsh Ministers, and

b

the Natural Resources Body for Wales.

Owners and dwellings

4

1

“Owner”, in relation to premises consisting of land, means—

a

a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion,

b

a person in possession under a lease, or

c

a person who for the time being exercises powers of management or control over the land.

2

“Dwelling” means a building or structure, or part of a building or structure, occupied wholly or mainly as a dwelling.

Operations

5

1

“Species control operations” are operations to do one or more of the following—

a

eradicate a species from premises;

b

control a species on premises;

c

prevent a species from returning to premises.

2

References to “carrying out” operations include arranging for operations to be carried out.

PART 2Species control agreements

Making of species control agreements

6

1

An environmental authority may enter into a “species control agreement” with an owner of any premises where the authority considers that there is present on the premises—

a

an invasive non-native species, or

b

a species of animal that is no longer normally present in Great Britain.

2

Under a species control agreement the parties agree to the carrying out of species control operations.

3

Before entering into a species control agreement with an owner, an environmental authority must be satisfied that—

a

the provisions of the agreement are proportionate to the objective to be achieved, and

b

in a case where there is more than one owner, the owner with whom the agreement is entered into is the most appropriate one.

4

Before entering into a species control agreement relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

a

the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

b

the animals on the premises are having a significant adverse impact on—

i

biodiversity,

ii

other environmental interests, or

iii

social or economic interests, and

c

there is no appropriate alternative way of obviating that impact.

5

A species control agreement may not be entered into in relation to premises consisting of a dwelling except where the environmental authority is the Secretary of State or the Welsh Ministers.

Content of species control agreements

7

1

A species control agreement must provide for—

a

the species control operations to be carried out,

b

the party who is to carry them out, and

c

the time by which they are to be carried out.

2

A species control agreement may contain such supplementary provision as the parties consider appropriate.

3

That may include provision as to—

a

how species control operations are to be carried out,

b

payment to be made by either party to the other, or to another person, in respect of the species control operations to be carried out, or

c

any species control operations that must not be carried out.

Notice of compliance

8

Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control agreement to carry out species control operations, the authority must give the owner notice to that effect.

Liability

9

An environmental authority is not liable to a person with an interest in the premises, other than the owner with whom a species control agreement is entered into, for anything done by the authority pursuant to the agreement.

PART 3Species control orders

When a species control order may be made

10

1

An environmental authority may make a species control order in relation to premises if—

a

it considers that there is present on the premises—

i

an invasive non-native species, or

ii

a species of animal that is no longer normally present in Great Britain, and

b

any of the following circumstances apply.

2

The circumstances are—

a

the environmental authority considers that an owner has failed to comply with a species control agreement entered into with the environmental authority and, having been given notice to that effect and a reasonable opportunity to rectify the failure, has not done so;

b

the environmental authority has offered to enter into a species control agreement with an owner but—

i

the owner has refused to enter into any kind of species control agreement, or

ii

no species control agreement has been entered into in respect of the premises by the end of the period of 42 days beginning with the day after the offer was made and the authority considers it unlikely that the owner will enter any kind of such agreement;

c

the environmental authority considers that the making of the order is urgently necessary;

d

the environmental authority has been unable to identify an owner, having—

i

placed on the premises a conspicuous notice of its desire to enter into a species control agreement, and

ii

waited for 5 days after the day on which the notice was placed.

3

Before making a species control order, an environmental authority must be satisfied that the provisions of the order are proportionate to the objective to be achieved.

4

Before making a species control order relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

a

the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

b

the animals on the premises are having a significant adverse impact on—

i

biodiversity,

ii

other environmental interests, or

iii

social or economic interests, and

c

there is no appropriate alternative way of obviating that impact.

5

A species control order may not be made in relation to premises consisting of a dwelling except by the Secretary of State or the Welsh Ministers.

What an order must do

11

1

A species control order under paragraph 10(2)(a) or (b) (failure to comply with or enter into agreement) must contain provision—

a

requiring the owner specified in that paragraph to carry out species control operations, or

b

stating that the environmental authority proposes to carry out species control operations,

or both.

2

A species control order under paragraph 10(2)(c) (emergency) must contain provision—

a

requiring any owner of the premises specified in the order to carry out species control operations, or

b

stating that the environmental authority proposes to carry out species control operations,

or both.

3

A species control order under paragraph 10(2)(d) (no identifiable owner) must contain provision stating that the environmental authority proposes to carry out species control operations.

12

1

A species control order must—

a

specify the species to which the order relates,

b

specify the species control operations to be carried out,

c

specify the time by which the species control operations must be carried out or (as the case may be) the time by which they are proposed to be carried out by the authority, and

d

if appropriate, include a map of the premises to which the order relates.

2

Unless it is made under paragraph 10(2)(c) (emergency), a species control order—

a

may not require an owner of premises to carry out species control operations, or provide for an environmental authority to carry out species control operations, before the end of the period in which an appeal may be made (as to appeals, see paragraph 16), and

b

must provide that if an appeal is made within that period, the owner need not carry out the operations, or the environmental authority shall not carry out the operations, before the appeal is withdrawn or finally determined.

What an order may do

13

1

A species control order may contain provision supplementary to that specified in paragraphs 11 and 12.

2

That may include provision as to—

a

how species control operations are to be carried out;

b

payment to be made by the environmental authority to—

i

an owner, in respect of the reasonable costs of operations to be carried out by the owner, or

ii

another person, in respect of the reasonable costs of operations to be carried out by an owner;

c

payment that an owner must make in respect of the reasonable costs of species control operations to be carried out by the environmental authority;

d

species control operations that an owner must not carry out;

e

who will carry out species control operations for the environmental authority.

Notice

14

1

After making a species control order, an environmental authority must forthwith give notice of it to—

a

all owners of the premises of whom the environmental authority is aware,

b

the Secretary of State, if the environmental authority is the Environment Agency, Natural England or the Forestry Commissioners, and

c

the Welsh Ministers, if the environmental authority is the Natural Resources Body for Wales.

2

In the case of an order under paragraph 10(2)(d) (no identifiable owner), the environmental authority must also give notice of the order by placing it on the premises conspicuously.

3

Notice under this paragraph must include—

a

reasons for making the species control order, and

b

reasons for any requirement imposed by it on an owner.

Revocation

15

1

An environmental authority may at any time revoke a species control order made by it.

2

Notice of revocation must be given as specified in paragraph 14 (but reasons need not be given).

Appeals

16

1

An owner of premises in relation to which a species control order is made may appeal to the First-tier Tribunal against—

a

the making of the order, or

b

any provision of the order.

2

The First-tier Tribunal may—

a

affirm the order,

b

direct the environmental authority which made the order to revoke or amend it,

c

in the case of an order under paragraph 10(2)(c) (emergency), suspend the order, or

d

make such other order as the Tribunal thinks fit.

Notice of compliance

17

Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control order to carry out species control operations, the authority must give the owner notice to that effect.

Enforcement

18

1

This paragraph applies where an environmental authority considers that an owner of premises required by a species control order to carry out a species control operation has not done so by the date or in the way specified in the order.

2

The authority must give the owner notice to that effect.

3

Sub-paragraphs (4) to (6) apply if, after a week after giving notice under sub-paragraph (2), the authority considers that the owner has still not carried out the species control operation in the way specified in the order.

4

The authority may carry out the operation itself or carry out such further work as is necessary to ensure that the operation is carried out in the way specified in the order.

5

The authority may recover from the owner any expenses reasonably incurred by it in doing so (less any payment which the authority would apart from this paragraph have been required to make to the owner in respect of the carrying out of the operations by the owner).

6

The authority is not required to make any payment provided for under paragraph 13(2)(b) in relation to the operation (and may recover any payment made under that paragraph).

Offences

19

1

A person who, without reasonable excuse, fails to comply with a requirement imposed on that person by a species control order commits an offence.

2

A person who intentionally obstructs a person from carrying out an operation required or proposed under a species control order commits an offence.

3

A person guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine, or both.

4

In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (3) to 51 weeks is to be read as a reference to 6 months.

5

In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3) to a fine is to be read as a reference to a fine not exceeding £40,000.

Liability

20

1

An owner of premises is not liable to any other person for doing anything required to be done by a species control order.

2

An environmental authority is not liable to a person with an interest in premises for anything done—

a

by an owner pursuant to a requirement included in a species control order, or

b

by the authority pursuant to—

i

provision included in a species control order under paragraph 11(1)(b), (2)(b) or (3), or

ii

paragraph 18(4).

PART 4Powers of entry

Powers of entry

21

1

A person who is authorised to do so may enter any premises to—

a

assist an environmental authority to determine whether to offer to enter into a species agreement with a person,

b

assist an environmental authority to determine whether to make or revoke a species control order,

c

investigate suspected non-compliance with a species control agreement or a species control order,

d

carry out species control operations for an environmental authority under a species control order,

e

place a notice as specified in paragraph 10(2)(d)(i) or 14(2) (no identifiable owner), or

f

carry out species control operations or work pursuant to paragraph 18(4).

This is subject to the other provisions of this Schedule.

2

A person may not enter premises under sub-paragraph (1)(a) or (b) with a view to establishing whether a species is present unless the environmental authority has reasonable grounds for suspecting that it is.

Authorisation by justice of the peace

22

1

To enter premises under paragraph 21 a person must be authorised by a warrant issued by a justice of the peace where—

a

the premises consist of a dwelling or a garden, yard, outbuildings or other land used or enjoyed wholly with a dwelling,

b

admission to the premises has been refused by an owner or refusal is reasonably apprehended,

c

the premises are unoccupied,

d

the owner is temporarily absent,

e

giving notice would defeat the purpose of entry,

f

entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(c) (emergency),

g

entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(d) (no identifiable owner),

h

entry is to place a notice as specified in paragraph 10(2)(d)(i) or 14(2), or

i

entry is to carry out operations or work pursuant to paragraph 18(4) which the environmental authority considers to be urgently necessary.

2

A justice of the peace may not grant a warrant—

a

in the circumstances in sub-paragraph (1)(a) to (d) unless satisfied that reasonable notice of the proposed entry has been given to all owners of the premises of whom the environmental authority is aware, or

b

in the circumstances in paragraph (1)(g) unless satisfied that the requirement in paragraph 14(2) (notice) has been met.

3

For the purposes of sub-paragraph (2)(a) less than 48 hours' notice is not reasonable.

4

A warrant may authorise a person to use reasonable force if necessary, but a person so authorised—

a

must be accompanied by a constable when doing so, and

b

may not use force against an individual.

Authorisation by environmental authority

23

1

To enter premises under paragraph 21 in circumstances other than those specified in paragraph 22(1), a person must be authorised in writing by the environmental authority.

2

A person authorised by an environmental authority may not demand admission as of right to any premises unless reasonable notice has been given to all owners of the premises of whom the authority is aware.

3

For these purposes less than 48 hours' notice is not reasonable.

Exercise of right of entry

24

1

A right of entry under paragraph 21 is exercisable at any reasonable time.

2

A person authorised under paragraph 22 or 23 to enter premises must, if so required before entering, produce evidence of his or her warrant or other authorisation and state the purpose of entry.

3

A person entering premises under paragraph 21 may—

a

take on to the premises such other persons as may be necessary;

b

take any equipment, machinery or materials on to the premises;

c

take samples of anything in or on the premises.

4

A person who enters premises under paragraph 21 which are unoccupied or from which the owner is temporarily absent must, on departure, leave them as effectively secured as they were on entry.

PART 5Supplementary

Compensation

25

1

The Secretary of State and the Welsh Ministers may (separately or jointly) make arrangements for the payment of compensation to an owner of premises in respect of financial loss resulting from—

a

a species control agreement or order, or

b

the exercise of the powers of entry under this Schedule.

2

The arrangements may secure that compensation is payable only for financial loss above a specified amount.

Codes of practice

26

1

The Secretary of State must issue a code of practice in relation to species control agreements and orders in England.

2

A code under this paragraph must in particular provide guidance to environmental authorities in England on—

a

when to offer to enter into a species control agreement;

b

how to go about entering into a species control agreement;

c

what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

d

when to make a species control order;

e

what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

f

standards of animal welfare to be met in connection with species control agreements and orders.

3

A code under this paragraph may be revised or replaced.

4

Before issuing (or revising or replacing) a code under this paragraph the Secretary of State must carry out a public consultation.

5

The Secretary of State must—

a

ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

b

lay a copy of a code under this paragraph before Parliament.

27

1

The Welsh Ministers must issue a code of practice in relation to species control agreements and orders in Wales.

2

A code under this paragraph must in particular provide guidance to environmental authorities in Wales on—

a

when to offer to enter into a species control agreement;

b

how to go about entering into a species control agreement;

c

what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

d

when to make a species control order;

e

what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

f

standards of animal welfare to be met in connection with species control agreements and orders.

3

A code under this paragraph may be revised or replaced.

4

Before issuing (or revising or replacing) a code under this paragraph the Welsh Ministers must carry out a public consultation.

5

The Welsh Ministers must—

a

ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

b

lay a copy of a code under this paragraph before the National Assembly for Wales.

28

1

A person's failure to comply with a provision of a code under paragraph 26 or 27 does not make the person liable to civil or criminal proceedings.

2

A code under paragraph 26 or 27—

a

is admissible in evidence in any civil proceedings, and

b

must be taken into account by a court in any civil proceedings in which it appears to the court to be relevant.

F152SCHEDULE 9BInvasive alien species: defences and licences

(introduced bysections 14AA(5) and 16(4B))

Annotations:
Amendments (Textual)

Part 1Interpretation

1Interpretation

In this schedule—

  • “Invasive Alien Species Regulation” means Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species,

  • “contained holding” means closed facilities from which escape or spread is not possible,

  • “ex-situ conservation” means the conservation of components of biological diversity outside their natural habitat,

  • “invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the F110Scottish list of species of special concern,

  • “research” means descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species,

  • F143Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.

  • “specimen” means a live specimen and includes any part, gamete, seed, egg or propagule of a species, as well as any hybrids, varieties or breeds that might grow, hatch or reproduce, as the case may be,

  • F126...

Part 2Defences

2Companion animals

1

This paragraph applies where—

a

a person is charged with an offence under section 14ZC or 14AA,

b

the charge relates to an animal, and

c

the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

i

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

ii

paragraph (d) (transporting to, from or within F146Scotland, except for the transportation of species to facilities in the context of eradication).

2

It is a defence to the charge to show that—

a

immediately before the inclusion on the F164Scottish list of species of special concern of the species to which the animal belongs, the animal was kept as a companion animal,

b

at all material times the animal was kept—

i

as a companion animal, or

ii

for the purpose of transporting the animal to a place mentioned in sub-paragraph (3), and

c

at all material times—

i

the animal was kept in contained holding, and

ii

appropriate measures were in place to ensure that it could not reproduce or escape.

3

The places referred to in sub-paragraph (2)(b)(ii) are—

a

an establishment to which a relevant licence or permit has been granted,

b

a facility to which a relevant licence has been granted,

c

a place where the animal was to be humanely killed.

4

In sub-paragraph (3)—

a

“relevant licence or permit” means, in relation to an establishment—

i

a licence granted under section 16(4)(c) by virtue of paragraph 6,

ii

a permit granted under article 35 of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

iii

a permit granted under any provision in legislation which applies in relation to Northern Ireland and which enables a permit to be issued in accordance with Article 8 or 9 of the Invasive Alien Species Regulation,

b

“relevant licence” means, in relation to a facility—

i

a licence granted under section 16(4)(c) by virtue of paragraph 7,

ii

a licence granted under article 36(1) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), for the purpose mentioned in article 36(2)(d) of that Order,

iii

a licence granted under any provision in legislation which applies in relation to Northern Ireland and enables a licence to be issued for the keeping of an animal by a facility until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation.

3Commercial stocks

1

This paragraph applies where—

a

a person who keeps a commercial stock of specimens of invasive alien species is charged with an offence under section 14ZC, 14A or 14AA,

b

the charge relates to such a specimen, and

c

the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

i

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

ii

paragraph (d) (transporting to, from or within F142Scotland, except for transportation of species to facilities in the context of eradication),

iii

paragraph (e) (placing on the market),

iv

paragraph (f) (using or exchanging).

2

It is a defence to the charge to show that—

a

the specimen was acquired by the person before the inclusion on the F122Scottish list of species of special concern of the species to which the specimen belongs,

b

the activity to which the charge relates was not carried out after the end of the relevant period following the inclusion on F162the Scottish list of species of special concern to which the specimen belongs, and

c

that activity is mentioned in sub-paragraph (3).

3

The activities referred to in sub-paragraph (2)(c) are—

a

sale or transfer to an establishment which holds a relevant licence or permit, provided that the conditions in paragraph (4) are met,

b

a scientific or medicinal activity pursuant to a relevant licence or permit, provided that the conditions in paragraph (4) are met,

c

destruction (in the case of a plant, fungus or micro-organism) or humane killing (in the case of an animal) of the specimen to exhaust the keeper’s stock, or

d

sale or transfer to a non-commercial user, provided that the conditions in paragraph (4) are met.

4

The conditions referred to in sub-paragraph (3) are that, at all material times—

a

the specimen was kept and transported in contained holding, and

b

appropriate measures were in place to ensure that it could not reproduce or escape.

5

For the purposes of sub-paragraph (2)(b), the relevant period is—

a

in relation to an activity mentioned in sub-paragraph (3)(a) to (c), 2 years,

b

in relation to an activity mentioned in sub-paragraph (3)(d), 1 year.

6

In sub-paragraph (3), “relevant licence or permit” means—

a

for the purposes of sub-paragraph (3)(a)—

i

a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(i) or (ii),

ii

a permit granted under section 35(1)(a) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

iii

a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for research or ex-situ conservation in accordance with Article 8 of the Invasive Alien Species Regulation,

b

for the purposes of sub-paragraph (3)(b)—

i

a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(iii),

ii

a permit granted under article 35(1)(b) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

iii

a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Invasive Alien Species Regulation.

4Non-commercial owners: receipt of commercial stocks

1

This paragraph applies where—

a

a person is charged with an offence under section 14ZC or 14AA, and

b

the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

i

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

ii

paragraph (d) (transporting to, from or within F120Scotland, except for the transportation of species to facilities in the context of eradication).

2

It is a defence to the charge to show that—

a

the specimen to which the charge relates was received by the person—

i

from a keeper of commercial stocks of specimens of the species to which the specimen belongs, and

ii

before the end of the period of one year beginning with the date on which that species was included on the F136Scottish list of species of special concern, and

b

at all material times—

i

the specimen was kept and transported in contained holding, and

ii

appropriate measures were in place to ensure that it could not reproduce or escape.

Part 3Licences

5Restrictions

1

The appropriate authority must not grant a licence under section 16(4)(c) permitting an activity which contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation unless any of paragraphs 6 to 9 apply—

a

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

b

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

c

paragraph (d) (transporting to, from or within F113Scotland, except for the transportation of species to facilities in the context of eradication),

d

paragraph (f) (using or exchanging),

e

paragraph (g) (permitting to reproduce, growing or cultivating, including in contained holding).

2

The appropriate authority must not grant a licence under section 16(4)(c) permitting an activity which contravenes one of the following paragraphs of that Article unless paragraph 8 or 9 applies—

a

paragraph (e) (placing on the market),

b

paragraph (h) (releasing into the environment).

6Research etc.

This paragraph applies if the licence—

a

is granted to an establishment,

b

permits an activity to be done in the course of—

i

research on an invasive alien species,

ii

ex-situ conservation of an invasive alien species,

iii

scientific production, and subsequent medicinal use of, a product derived from an invasive alien species where its use is necessary for the advancement of human health, or

iv

in exceptional circumstances, such other activities as are justified for reasons of compelling public interest, including those of a social or economic nature, in accordance with Article 9 of the Invasive Alien Species Regulation, and

c

is subject to the conditions specified in Article 8(2) and (3) of that Regulation.

7Keeping animals until the end of their natural lives

This paragraph applies if—

a

the licence is granted for the purpose of the keeping of an animal by a facility (including any necessary ancillary activities such as transportation) until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation, and

b

the appropriate authority is satisfied that all appropriate controls are in place to ensure that reproduction or escape of the animal is not possible.

8Eradication measures

This paragraph applies if the licence is—

a

granted for the purpose of implementation of an eradication measure pursuant to Article 17 of the Invasive Alien Species Regulation, and

b

subject to such conditions as are, in the opinion of the appropriate authority, necessary to meet the aim of ensuring that the eradication measure to which the licence relates will be effective in achieving the complete and permanent removal of the population of the invasive alien species concerned.

9Management measures

1

This paragraph applies if the licence is granted for the purpose of implementation of a management measure pursuant to Article 19 of the Invasive Alien Species Regulation.

2

But, where the licence is granted for the purpose of the commercial use, on a temporary basis, of an invasive alien species as part of such a management measure pursuant to Article 19(2) of that Regulation, this paragraph applies only if the appropriate authority is satisfied that—

a

there is strict justification for that use, and

b

all appropriate controls are in place to avoid any further spread of the species concerned.

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

Section 15

Annotations:
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 The Amendments

Licences

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—

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,

Expenses of returning animals and plants to the wild

2

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

3

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

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”.

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

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.

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 Schedule inserted as Schedule 4

SCHEDULE 4 Animals the Sale etc. of Which is Restricted

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

MAMMALS

1

The kinds of mammal specified in the first column below—

Marsupials

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

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

Pridontes giganteus (otherwise known as Priodontes maximus)

Giant armadillo

Pangolins

Manis temmincki

South African pangolin

Rabbits and hares

Caprolagus hispidus

Assam rabbit (otherwise known as Hispid hare)

Romerolagus diazi

Volcano rabbit

Rodents

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

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

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

Arcocephalus townsendi

Guadelupe fur seal

Monachus

Monk seals

Elephants

Elephas maximus

Asian elephant

Sea-cows

Dugong dugon

Dugong (otherwise known as Sea-cow)

Trichechus inunguis

Amazonian manatee

Trichechus manatus

West Indian manatee

Odd-toed ungulates

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

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

2

The kinds of bird specified in the first column below—

Rheas

Pterocnemia pennata

Lesser rhea

Tinamous

Tinamus solitarius

Solitary tinamou

Penguins

Spheniscus humboldti

Humboldt penguin

Grebes

Podilymbus gigas

Atitlan grebe

Albatrosses

Diomedea albatrus

Short-tailed albatross

Pelican-like birds

Sula abbotti

Abbot’s booby

Fregata andrewsi

Christmas Island frigatebird

Storks

Ciconia ciconia boyciana

Japanese white stork

Geronticus eremita

Bald ibis

Nipponia nippon

Japanese crested ibis

Waterfowl

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

Cathartidae

New world vultures

Pandion haliaetus

Osprey

Accipitridae

True hawks

Sagittarius serpentarius

Secretary bird

Falconidae

Falcons

Gamebirds

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

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

Numenius borealis

Eskimo curlew

Tringa guttifer

Spotted greenshank (otherwise known as Nordmann’s greenshank)

Larus relictus

Relict gull

Pigeons and doves

Caloenas nicobarica

Nicobar pigeon

Ducula mindorensis

Mindoro imperial pigeon

Parrots

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

Ramphodon dohrnii

Hook-billed hermit

Trogons

Pharomachrus mocinno costaricensis

Costa Rican quetzal (otherwise known as Resplendent quetzal)

Pharomachrus mocinno mocinno

Magnificent quetzal (otherwise known as Resplendent quetzal)

Owls

Tytonidae

Barn owls

Strigidae

Typical owls

Hornbills

Buceros bicornis (otherwise known as Buceros homrai

Great pied hornbill

Rhinoplax vigil

Helmeted hornbill

Woodpeckers

Campephilus imperialis

Imperial woodpecker

Dryocopus javensis richardsi

Tristram’s woodpecker (otherwise known as White-bellied black woodpecker)

Songbirds

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

REPTILES

3

The kinds of reptile specified in the first column below—

Crocodilians

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

Brachylophus

Fijian iguanas

Cyclura

Caribbean rock iguanas

Sauromalus varius

San Esteban Island chuck-walla

Lizards

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

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

Sphenodon punctatus

Tuatara

Chelonians

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)

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

FISH

5

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

MOLLUSCS

6

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

Schedule inserted as Schedule 5

SCHEDULE 5

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

F55SCHEDULE 10A Delegation of Appellate Functions

Annotations:
Amendments (Textual)
F55

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

Interpretation

1

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

2

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

3

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

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.

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

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.

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

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.

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.

SCHEDULE 11 Procedure in Connection with Certain Orders under Part II

Sections 29 and 34.

Coming into operation

F4 1

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

Publicity for orders

F5 2

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

Unopposed orders

F6 3

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

Opposed orders

F7 4

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

Restriction on power to amend orders or confirm them with modifications

F8 5

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

Notice of final decision on orders

F9 6

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

Proceedings for questioning validity of orders

F10 7

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

Interpretation

F11 8

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

F154 SCHEDULE 12 Procedure in Connection With Orders Under Section 36

Section 36.

Annotations:
Amendments (Textual)
F154

Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(b)(c); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Consultation

F154 1

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

Publicity for draft orders

F154 2

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

Unopposed orders

F154 3

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

Opposed orders

F154 4

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

Restriction on power to make orders with modifications

F154 5

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

Local inquiries

F154 6

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

Notice of making of orders

F154 7

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

Proceedings for questioning validity of orders

F154 8

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

Supplemental

F154 9

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

F12 SCHEDULE 13

Annotations:
Amendments (Textual)

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

SCHEDULE 14 Applications for Certain Orders Under Part III

Section 53.

Form of applications

1

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

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.

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

3

1

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

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

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.

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 F93(which may include a direction as to the time within which an order is to be made).

Interpretation

5

1

In this Schedule—

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

  • “ local authority ” means F94 a non-metroplitan district council , a parish F95 . . . council or the parish meeting of a parish not having a separate parish council F96 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.

SCHEDULE 15 Procedure in Connection with Certain Orders Under Part III

Sections 53 and 54.

Consultation

1

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

2

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

3

1

On making an order, the authority shall give notice in the prescribed form—

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 F97, 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 F98(1)(c) or (8) shall be construed as limiting F99the 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.

Representations or objections made with respect to abandoned surveys or reviews

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.

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

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—

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

6

1

If no representations or objections are duly made, or if any so made are withdrawn, the authority may—

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

E3 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.

2

Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall F100, 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.

F1012A

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 F102any person appointed to hold an inquiry or hear representations or objections, the Secretary of State may confirm the order with or without modifications.

E47

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.

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.

Annotations:
Extent Information
E4

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

E5 8

1

The Secretary of State shall not confirm an order with modifications so as—

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 F103, which must include particulars of the grounds relied on, may be made;

F104b

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.

E68

1

The Secretary of State shall not confirm an order with modifications so as—

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.

Annotations:
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

F40 9

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

Appointment of inspectors etc.

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.

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.

F1 Hearings and local inquiries

Annotations:
Amendments (Textual)
F1

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)

F10510A

1

Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the M6 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 F139in England as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.

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 M7 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 F128in England as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.

F1584

Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under paragraph 7 or 8 in Wales as it applies in relation to a hearing or inquiry mentioned in that section.

Notice of final decisions on orders

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—

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

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.

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

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.

2

In this Schedule—

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

  • “ local authority ” means F106 a non-metropolitan district council , a parish F107 . . . council or the parish meeting of a parish not having a separate parish council F108 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.

X7 SCHEDULE 16 Orders Creating, Extinguishing or Diverting Footpaths or Bridleways

Section 63.

Annotations:
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.

F109 1

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

The Highways Act 1980

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”.

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”.

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

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—

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

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

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.

2

Any reference in this paragraph to Schedule 6 to the M8 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 M9 Acquisition of Land (Authorisation Procedure) Act 1946.

X8SCHEDULE 17 Enactments repealed

Section 73.

Annotations:
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 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 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.