Protection of Birds Act 1954

6 Restrictions on sale of live and dead wild birds, eggs, etc.

(1) If, save as may be authorised by a licence granted under section ten of this Act, any person sells, offers for sale or has in his possession for sale—

(a) any live wild bird, being a bird included in the Fourth Schedule to this Act of a species which is resident in or visits the British Isles in a wild state, other than a close-ringed specimen bred in captivity;

(b) an egg (including a blown egg) of a wild bird of any species, if any bird of that species has nested in the British Isles in a wild state ;

(c) during the period in any year commencing with the twenty-eighth day of February and ending with the thirty-first day of August, any dead wild bird, being a bird included in the Third Schedule to this Act or a wild duck or wild goose, whether or not so included;

(d) a dead wild bird other than such a bird as is mentioned in paragraph (c) of this subsection, unless it is shown that the bird was killed otherwise than in contravention of this Act or any order made thereunder, or was lawfully imported;

(e) the skin or plumage of a wild bird other than such a bird as is mentioned in paragraph (c) of this subsection, unless it is shown that the skin or plumage came from a bird which was killed otherwise than in contravention of this Act or any order made thereunder, or that the skin or plumage was lawfully imported,

he shall be guilty of an offence against this Act and, if the offence was committed in respect of a bird included in the First Schedule to this Act or in respect of the egg, skin or plumage of such a bird, shall be liable to a special penalty :

Provided that a person shall not be guilty of an offence by virtue of paragraph (b) of this subsection if the egg is shown to have been sold, offered for sale or in his possession for sate—

(i) in the case of an egg of a black-headed gull, greater black-backed gull, lesser black-backed gull, herring gull or common gull, for the purpose of human consumption or for use as food for poultry, ornamental ducks, ornamental geese or swans;

(ii) in the case of an egg of a wild duck, wild goose or swan, for the purpose of causing the egg to be hatched;

(iii) in the case of an egg of a lapwing, at any time before the fifteenth day of April in any year.

In this subsection any reference to sale shall be construed as including references to. barter and exchange.

(2) If a justice of the peace is satisfied by information on oath that there is reasonable ground to suspect that an offence has been committed under this section and that evidence thereof may be found on any premises, he may grant a warrant to any constable to enter upon and search those premises for the purpose of obtaining that evidence.

In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.