Part I Wildlife

Protection of birds

E21 Protection of wild birds, their nests and eggs.

1

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

a

kills, injures or takes any wild bird;

b

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

c

takes or destroys an egg of any wild bird,

he shall be guilty of an offence.

2

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

a

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

b

an egg of a wild bird or any part of such an egg,

he shall be guilty of an offence.

3

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

a

the bird or egg had not been killed or taken, or had been F14lawfully killed or taken F15. . . ; or

b

the bird, egg or other thing in his possession or control had been F16lawfully sold (whether to him or any other person) F17. . . ;

F18. . .

F193A

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

a

this Part and orders made under it,

b

the Protection of Birds Acts 1954 to 1967 F20 and orders made under those Acts,

c

any other legislation which implements Council Directive 79/409/EECF23 on the conservation of wild birds and extends to any part of the United Kingdom, to any area designated in accordance with section 1(7) of the Continental Shelf Act 1964 F21, or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 F22, and

d

the provisions of the law of any member State (other than the United Kingdom) implementing the Council Directive referred to in paragraph (c).

4

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

5

Subject to the provisions of this Part, if any person intentionally F11or recklessly—

a

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

b

disturbs dependent young of such a bird,

he shall be guilty of an offenceF12. . . .

6

In this section “wild bird” does not include any bird which is shown to have been bred in captivity.

7

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

E11 Protection of wild birds, their nests and eggs.

1

Subject to the provisions of this Part, if any person intentionally F1or recklessly—

a

kills, injures or takes any wild bird;

b

takes, damages F2, destroys or otherwise interferes with the nest of any wild bird while that nest is in use or being built; or

F3ba

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

bb

obstructs or prevents any wild bird from using its nest;

c

takes or destroys an egg of any wild bird,

he shall be guilty of an offence.

2

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

a

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

b

an egg of a wild bird or any part of such an egg,

he shall be guilty of an offence.

3

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

a

the bird or egg had not been killed or taken, or had been killed or taken F4at or from a place in Scotland otherwise than in contravention of the relevant provisions; F5. . .

b

the bird, egg or other thing in his possession or control had been sold F6at a place in Scotland(whether to him or any other person) otherwise than in contravention of those provisions; F7; or

c

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

i

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

ii

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

F8. . .

F93A

In subsection (3)—

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

    1. a

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

    2. b

      this Part and orders made under it,

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

  • “the relevant regulations” means—

    1. a

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

    2. b

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

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

4

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

5

Subject to the provisions of this Part, if any person intentionally F11or recklessly—

a

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

b

disturbs dependent young of such a bird,

he shall be guilty of an offenceF12. . . .

F135A

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

5B

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

5C

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

6

In this section “wild bird” does not include any bird which is shown to have been bred in captivity.

7

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