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Wildlife and Countryside Act 1981
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Changes over time for: Section 22
Version Superseded: 31/05/2006
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22 Power to vary Schedules.E+W
(1)The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of Schedules 1 to 4.
(2)An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.
(3)The Secretary of State may, on a representation made [F1jointly to him by the Nature Conservancy Councils], by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—
(a)add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and
(b)remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered
[F2and the functions of the Nature Conservancy Councils under this subsection shall be special functions of the Councils for the purposes of section 133 of the Environmental Protection Act 1990].
(4)The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or with respect to particular provisions of this Part or particular times of the year—
(a)add any animals to, or remove any animals from, Schedule 5 or Schedule 6; and
(b)add any plants to, or remove any plants from, Schedule 8.
(5)The Secretary of State may by order, either generally or with respect to particular areas of Great Britain—
(a)add any animals to, or remove any animals from, Part I of Schedule 9; and
(b)add any plants to, or remove any plants from, Part II of that Schedule.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Words in s. 22(3) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(5); S.I. 1991/685, art. 3.
F2Words in s. 22(3) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(5); S.I. 1991/685, art. 3.
22 Power to vary Schedules.S
(1)The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year
[F3(a)] add any bird to, or remove any bird from, any of or any Part of Schedules [F4A1] to 4.
[F5(b)add any animal to, or remove any animal from, Schedule 5 or 6 or Part I of Schedule 9;
(c)add any plant to, or remove any plant from, Schedule 8 or Part II of Schedule 9.]
(2)An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.
[F6(2A)Before making an order under subsection (1) the Scottish Ministers shall consult Scottish Natural Heritage.]
(3)The Secretary of State may, on a representation made [F1jointly to him by the Nature Conservancy Councils], by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—
(a)add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and
(b)remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered
[F2and the functions of the Nature Conservancy Councils under this subsection shall be special functions of the Councils for the purposes of section 133 of the Environmental Protection Act 1990].
(4)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F1Words in s. 22(3) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(5); S.I. 1991/685, art. 3.
F2Words in s. 22(3) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(5); S.I. 1991/685, art. 3.
F3Words in s. 22(1) renumbered (S.) (1.10.2004) as s. 22(1)(a) by virtue of Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(i); S.S.I. 2004/407, art. 2
F4Word in s. 22(1) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(ii); S.S.I. 2004/407, art. 2
F5S. 22(1)(b)(c) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(iii); S.S.I. 2004/407, art. 2
F6S. 22(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(b); S.S.I. 2004/407, art. 2
F7S. 22(4)(5) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(c); S.S.I. 2004/407, art. 2
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