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Wildlife and Countryside Act 1981
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Changes over time for: Section 6
Version Superseded: 21/03/1997
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Point in time view as at 19/09/1995. This version of this provision has been superseded.
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Wildlife and Countryside Act 1981, Section 6 is up to date with all changes known to be in force on or before 13 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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6 Sale etc. of live or dead wild birds, eggs etc.E+W+S
(1)Subject to the provisions of this Part, if any person—
(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live wild bird other than a bird included in Part I of Schedule 3, or an egg of a wild bird or any part of such an egg; or
(b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,
he shall be guilty of an offence.
(2)Subject to the provisions of this Part, if any person who is not for the time being registered in accordance with regulations made by the Secretary of State—
(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any dead wild bird other than a bird included in Part II or III of Schedule 3, or any part of, or anything derived from, such a wild bird; or
(b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,
he shall be guilty of an offence.
(3)Subject to the provisions of this Part, if any person shows or causes or permits to be shown for the purposes of any competition or in any premises in which a competition is being held—
(a)any live wild bird other than a bird included in Part I of Schedule 3; or
(b)any live bird one of whose parents was such a wild bird,
he shall be guilty of an offence.
(4)Any person convicted of an offence under this section in respect of—
(a)a bird included in Schedule 1 or any part of, or anything derived from, such a bird; or
(b)an egg of such bird or any part of such an egg,
shall be liable to a special penalty.
(5)Any reference in this section to any bird included in Part I of Schedule 3 is a reference to any bird included in that Part which was bred in captivity and has been ringed or marked in accordance with regulations made by the Secretary of State; and regulations so made may make different provision for different birds or different provisions of this section.
(6)Any reference in this section to any bird included in Part II or III of Schedule 3 is a reference to any bird included in Part II and, during the period commencing with 1st September in any year and ending with 28th February of the following year, any bird included in Part III of that Schedule.
(7)The power of the Secretary of State to make regulations under subsection (2) shall include power—
(a)to impose requirements as to the carrying out by a person registered in accordance with the regulations of any act which, apart from the registration, would constitute an offence under this section; and
(b)to provide that any contravention of the regulations shall constitute such an offence.
(8)Regulations under subsection (2) shall secure that no person shall become or remain registered—
(a)within five years of his having been convicted of an offence under this Part for which a special penalty is provided; or
(b)within three years of his having been convicted of any other offence under this Part so far as it relates to the protection of birds or other animals or any offence involving their ill-treatment,
no account being taken for this purpose of a conviction which has become spent by virtue of the M1Rehabilitation of Offenders Act 1974.
(9)Any person 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 authorised, enter and inspect any premises where a registered person keeps any wild birds for the purpose of ascertaining whether an offence under this section is being, or has been, committed on those premises.
(10)Any person who intentionally obstructs a person acting in the exercise of the power conferred by subsection (9) shall be guilty of an offence.
Subordinate Legislation Made
P1S. 6 power exercised by S.I. 1982/1219, 1220
P2S. 6(2)(7) power exercised by S.I. 1991/479
Marginal Citations
M11974. c. 53.
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