In this Part, unless the context otherwise requires—

• “advertisement” includes a catalogue, a circular and a price list;

• “advisory body” has the meaning given by section 23;

• “agriculture Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State;

• “authorised person” means—

  1. a

     the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;

  2. b

     any person authorised in writing by the local authority for the area within which the action authorised is taken;

  3. c

     as respects anything done in relation to wild birds, any person authorised in writing by any of the following bodies, that is to say, F1any of the Nature Conservancy Councils, F2. . . a district board for a fishery district within the meaning of the M1Salmon Fisheries (Scotland) Act 1862 or a local fisheries committee constituted under the M2Sea Fisheries Regulation Act 1966;

  4. d

     F3any person authorised in writing by the National Rivers Authority, a water undertaker or a sewerage undertaker;

• so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land;

• “automatic weapon” and “semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;

• “aviculture” means the breeding and rearing of birds in captivity;

• “destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” shall be construed accordingly;

• “domestic duck” means any domestic form of duck;

• “domestic goose” means any domestic form of goose;

• “firearm” has the same meaning as in the M3Firearms Act 1968;

• “game bird” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;

• F4“inland waters” means—

  1. a

     inland waters within the meaning of the Water Resources Act 1991; M4

  2. b

     any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;

  3. c

     controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M5 other than ground waters as defined in section 30A(1)(d) of that Act.

• “livestock” includes any animal which is kept—

  1. a

     for the provision of food, wool, skins or fur;

  2. b

     for the purpose of its use in the carrying on of any agricultural activity; or

  3. c

     for the provision or improvement of shooting or fishing;

• “local authority” means—

  1. a

     in relation to England F5. . ., a county, district or London borough council F6. . .;

  2. aa

     F7in relation to Wales, a county council or county borough council;

  3. b

     in relation to Scotland, a F8council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “occupier”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish;

• “pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;

• “poultry” means domestic fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;

• “sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;

• “uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

• “vehicle” includes aircraft, hovercraft and boat;

• F9“water authority”, in relation to Scotland, has the same meaning as in the M6Water (Scotland) Act 1980;

• “wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;

• “wild bird” means any bird of a F10species which is ordinarily resident in or is a visitor to F11the European territory of any member State in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;

• “wild plant” means any plant which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.

• F12“wildlife inspector” has the meaning given by section 19ZA(1).

A bird shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully in captivity when the egg was laid.

Any reference in this Part to an animal of any kind includes, unless the context otherwise requires, a reference to an egg, larva, pupa, or other immature stage of an animal of that kind.

Any reference in this Part to the Nature Conservancy Councils is a reference to F20English Nature, F21Scottish Natural Heritage and the Countryside Council for Wales.

This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council.

This Part extends to the territorial waters adjacent to Great Britain, and for the purposes of this Part any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part.

In this Part, unless the context otherwise requires—

• “advertisement” includes a catalogue, a circular and a price list;

• “advisory body” has the meaning given by section 23;

• “agriculture Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State;

• “authorised person” means—

  1. a

     the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;

  2. b

     any person authorised in writing by the local authority for the area within which the action authorised is taken;

  3. c

     as respects anything done in relation to wild birds, any person authorised in writing by any of the following bodies, that is to say, F1any of the Nature Conservancy Councils, F2. . . a district board for a fishery district within the meaning of the M1Salmon Fisheries (Scotland) Act 1862 or a local fisheries committee constituted under the M2Sea Fisheries Regulation Act 1966;

  4. d

     F3any person authorised in writing by the National Rivers Authority, a water undertaker or a sewerage undertaker;

• so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land;

• “automatic weapon” and “semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;

• “aviculture” means the breeding and rearing of birds in captivity;

• “destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” shall be construed accordingly;

• “domestic duck” means any domestic form of duck;

• “domestic goose” means any domestic form of goose;

• “firearm” has the same meaning as in the M3Firearms Act 1968;

• “game bird” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;

• F4“inland waters” means—

  1. a

     inland waters within the meaning of the Water Resources Act 1991; M4

  2. b

     any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;

  3. c

     controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M5 other than ground waters as defined in section 30A(1)(d) of that Act.

• “livestock” includes any animal which is kept—

  1. a

     for the provision of food, wool, skins or fur;

  2. b

     for the purpose of its use in the carrying on of any agricultural activity; or

  3. c

     for the provision or improvement of shooting or fishing;

• “local authority” means—

  1. a

     in relation to England F5. . ., a county, district or London borough council F6. . .;

  2. aa

     F7in relation to Wales, a county council or county borough council;

  3. b

     in relation to Scotland, a F8council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “occupier”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish;

• “pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;

• “poultry” means F13the domestic forms of the following, that is to say fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;

• “sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;

• “uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

• “vehicle” includes aircraft, hovercraft and boat;

• F9“water authority”, in relation to Scotland, has the same meaning as in the M6Water (Scotland) Act 1980;

• “wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;

• “wild bird” means any bird of a F14species which is ordinarily resident in or is a visitor to F15any member State or the European territory of any member State in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;

• “wild plant” means any plant F16(including fungi) which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.

• F12“wildlife inspector” has the meaning given by section 19ZA(1).

A bird shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully in captivity when the egg was laid.

Any reference in this Part to an animal of any kind includes, unless the context otherwise requires, a reference to an egg, larva, pupa, or other immature stage of an animal of that kind.

Any reference in this Part to the Nature Conservancy Councils is a reference to F20English Nature, F21Scottish Natural Heritage and the Countryside Council for Wales.

This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council.

This Part extends to the territorial waters adjacent to Great Britain, and for the purposes of this Part any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part.