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The Conservation (Natural Habitats, &c.) Regulations 1994

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PART VE+W+SSUPPLEMENTARY PROVISIONS

Supplementary provisions as to management agreementsE+W+S

Powers of limited owners, &c. to enter into management agreementsE+W+S

86.—(1) In the case of settled land in England and Wales–

(a)the tenant for life may enter into a management agreement relating to the land, or any part of it, either for consideration or gratuitously;

(b)the Settled Land Act 1925(1) shall apply as if the power conferred by sub– paragraph (a) had been conferred by that Act; and

(c)for the purposes of section 72 of that Act (which relates to the mode of giving effect to a disposition by a tenant for life and to the operation thereof), and of any other relevant statutory provision, entering into a management agreement shall be treated as a disposition.

The above provisions of this paragraph shall be construed as one with the Settled Land Act 1925.

(2) Section 28 of the Law of Property Act 1925(2) (which confers the powers of a tenant for life on trustees for sale) shall apply as if the power of a tenant for life under paragraph (1)(a) above had been conferred by the Settled Land Act 1925.

(3) A university or college to which the Universities and College Estates Act 1925(3) applies may enter into a management agreement relating to any land belonging to it in England and Wales either for consideration or gratuitously.

That Act shall apply as if the power conferred by this paragraph had been conferred by that Act.

(4) In the case of glebe land or other land belonging to an ecclesiastical benefice–

(a)the incumbent of the benefice, and

(b)in the case of land which is part of the endowment of any other ecclesiastical corporation, the corporation,

may with the consent of the Church Commissioners enter into a management agreement either for consideration or gratuitously.

  • The Ecclesiastical Leasing Acts shall apply as if the power conferred by this paragraph had been conferred by those Acts, except that the consent of the patron of an ecclesiastical benefice shall not be requisite.

(5) In the case of any land in Scotland, any person being–

(a)the liferenter, or

(b)the heir of entail,

in possession of the land shall have power to enter into a management agreement relating to the land or any part of it.

(6) The Trusts (Scotland) Act 1921(4) shall have effect as if among the powers conferred on trustees by section 4 of that Act (which relates to the general powers of trustees) there were included a power to enter into management agreements relating to the trust estate or any part of it.

Commencement Information

I1Reg. 86 in force at 30.10.1994, see reg. 1(2)

Supplementary provisions as to potentially damaging operationsE+W+S

[F1Carrying out of operation after expiry of periodE+W

87.—(1) If before the expiry of the period of four months referred to in regulation 19(2)(c) the relevant person agrees in writing with the appropriate nature conservation body that, subject as follows, the condition specified in that provision shall not apply in relation to the operation in question, then, subject as follows, regulation 19(2) shall as from the date of the agreement have effect in relation to the operation (as regards both the owner or the occupier of the land in question) as if sub–paragraph (c) were omitted.

(2) If after such an agreement has been made the relevant person (whether a party to the agreement or not) gives written notice to the appropriate nature conservation body that he wishes to terminate the agreement, then as from the giving of the notice regulation 19(2) shall have effect in relation to the operation in question (as regards both the owner and the occupier of the land in question) as if paragraph (c) specified the condition that one month, or any longer period specified in the notice, has expired from the giving of the notice under this paragraph.

(3) In paragraphs (1) and (2) above “the relevant person”–

(a)in a case where the notice under regulation 19(1)(a) was given by the owner of the land in question, means the owner of that land;

(b)in a case where that notice was given by the occupier of that land, means the occupier of that land.

Textual Amendments

Commencement Information

I2Reg. 87 in force at 30.10.1994, see reg. 1(2)

Duties of agriculture Ministers with respect to European sitesE+W

88.—(1) Where an application for a farm capital grant is made as respects expenditure incurred or to be incurred for the purpose of activities on land within a European site, the Minister responsible for determining the application–

(a)shall, so far as may be consistent with the purposes of the grant provisions, so exercise his functions thereunder as to further the conservation of the flora, fauna, or geological or physiographical features by reason of which the land is a European site; and

(b)where the appropriate nature conservation body have objected to the making of the grant on the ground that the activities in question have destroyed or damaged or will destroy or damage that flora or fauna or those features, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State.

(2) Where in consequence of an objection by the appropriate nature conservation body, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in paragraph (1)(b), the appropriate nature conservation body shall, within three months of their receiving notice of the Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, a management agreement–

(a)imposing restrictions as respects those activities, and

(b)providing for the making by them of payments to the applicant.

(3) In this regulation–

“farm capital grant” means–

(a)a grant under a scheme made under section 29 of the Agriculture Act 1970(5), or

(b)a grant under regulations made under section 2(2) of the European Communities Act 1972(6) to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature; and

“grant provisions”means–

(i)in the case of such a grant as is mentioned in paragraph (a) above, the scheme under which the grant is made and section 29 of the Agriculture Act 1970, and

(ii)in the case of such a grant as is mentioned in paragraph (b) above, the regulations under which the grant is made and the Community instrument in pursuance of which the regulations were made.

Textual Amendments

Commencement Information

I3Reg. 88 in force at 30.10.1994, see reg. 1(2)

Payments under certain agreements offered by authoritiesE+W

89.—(1) This regulation applies where the appropriate nature conservation body offers to enter into a management agreement providing for the making of payments by them to–

(a)a person who has given notice under regulation 19(1)(a) or [F223(1A)(a)(ii) or (b)], or

(b)a person whose application for a farm capital grant within the meaning of regulation 88 has been refused in consequence of an objection by that body.

(2) Subject to paragraph (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given–

(a)in England, by F3... the Secretary of State, or

(b)in Wales or Scotland, by the Secretary of State.

(3) If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State.

(4) Where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall–

(a)amend the offer so as to give effect to the arbitrator’s determination, or

(b)except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror, withdraw the offer.

(5) In the application of this regulation in Scotland references to an arbitrator shall be construed as references to an arbiter.

Textual Amendments

Commencement Information

I4Reg. 89 in force at 30.10.1994, see reg. 1(2)

Powers of entryE+W

90.—(1) A person authorised in writing by the appropriate nature conservation body may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter any land–

(a)to ascertain whether a special nature conservation order should be made F4..., or if an offence under regulation 23 is being, or has been, committed on that land; F4...

(b)to ascertain the amount of any compensation payable under regulation 25 in respect of an interest in that land [F5; or]

[F6(c)to affix a notice in accordance with regulation 23(2D) or paragraph 2(4) of Schedule 1.]

But nothing in this paragraph shall authorise any person to enter a dwelling.

(2) A person shall not demand admission as of right to any land which is occupied unless either–

(a)24 hours' notice of the intended entry has been given to the occupier, or

(b)the purpose of the entry is to ascertain if an offence under regulation 23 is being, or has been, committed on that land.

(3) A person who intentionally obstructs a person in the exercise of his powers under this regulation commits an offence and is liable on summary conviction to a fine not exceeing level 3 on the standard scale.

Textual Amendments

Commencement Information

I5Reg. 90 in force at 30.10.1994, see reg. 1(2)

Compensation: amount and assessmentE+W

91.—(1) The following provisions have effect as to compensation under [F7regulation 25 (compensation for effect of notice)].

(2) The amount of the compensation shall be the difference between the value of the interest in question and what it would have been had [F8notice not been given].

(3) For this purpose–

(a)an interest in land shall be valued as at the time when [F9notice is given]; and

(b)where a person, by reason of his having more than one interest in land, makes more than one claim in respect of the same [F10restriction having effect by virtue of notice being given under regulation 23], his various interests shall be valued together.

(4) Section 10 of the Land Compensation Act 1973(7) (mortgages, trusts for sale and settlements) or section 10 of the Land Compensation (Scotland) Act 1973(8) apply in relation to compensation under regulation 25(1) as in relation to compensation under Part I of that Act.

(5) For the purposes of assessing compensation under regulation 25(1), the rules set out in section 5 of the Land Compensation Act 1961(9) or section 12 of the Land Compensation (Scotland) Act 1963(10) have effect, so far as applicable and subject to any necessary modifications, as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

Textual Amendments

Commencement Information

I6Reg. 91 in force at 30.10.1994, see reg. 1(2)

Compensation: other supplementary provisionsE+W

92.—(1) The following provisions have effect in relation to compensation under regulation 25 (compensation for effect of [F11notice]).

(2) The compensation shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961 or section 40 of the Land Compensation (Scotland) Act 1963(11), from the date of the claim until payment.

(3) Except in so far as may be provided by regulations, any question of disputed compensation shall be referred to and determined [F12by the Upper Tribunal] or the Lands Tribunal for Scotland.

(4) In relation to the determination of any such question, the provisions of [F13section] 4 of the Land Compensation Act 1961 or sections 9 and 11 of the Land Compensation (Scotland) Act 1963 (procedure and costs) shall apply, subject to any necessary modifications and to the provisions of any regulations.

Textual Amendments

Commencement Information

I7Reg. 92 in force at 30.10.1994, see reg. 1(2)

Compensation: procedural provisionsE+W

93.—(1) The power to make regulations under section 30 of the Wildlife and Countryside Act 1981(12) (provisions as to compensation where order made under section 29 of that Act) shall be exercisable so as to make provision for the purposes of these Regulations corresponding to those for which provision may be made under that section.

(2) The references in regulation 25 to matters being prescribed by regulations, and in regulation 92(3) and (4) to matters being provided by regulations, are to their being so prescribed or provided.

(3) Any regulations in force under section 30 on the commencement of these Regulations shall have effect for the purposes of these Regulations as if made under that section as applied by this regulation.]

Textual Amendments

Commencement Information

I8Reg. 93 in force at 30.10.1994, see reg. 1(2)

Supplementary provisions as to byelawsE+W+S

Procedure for making byelaws, penalties, &c.E+W+S

94.—(1) Sections 236 to 238 of the Local Government Act 1972(13) or sections 201 to 204 of the Local Government (Scotland) Act 1973(14) (procedure, &c. for byelaws; offences against byelaws; evidence of byelaws) apply to all byelaws made under section 20 of the National Parks and Access to the Countryside Act 1949(15) as it applies by virtue of regulation 28 as if the appropriate nature conservation body were a local authority within the meaning of that Act.

(2) In relation to byelaws so made the confirming authority for the purposes of the said section 236 or section 201 shall be the Secretary of State.

(3) The appropriate nature conservation body shall have power to enforce byelaws made by them:

Provided that nothing in this paragraph shall be construed as authorising the institution of proceedings in Scotland for an offence.

Commencement Information

I9Reg. 94 in force at 30.10.1994, see reg. 1(2)

Powers of entryE+W+S

95.—(1) For the purpose of surveying land, or of estimating its value, in connection with any claim for compensation payable under regulation 30 in respect of that or any other land, an officer of the Valuation Office or person duly authorised in writing by the authority from whom the compensation is claimed may enter upon the land.

(2) A person authorised under this regulation to enter upon any land shall, if so required, produce evidence of his authority before entering.

(3) A person shall not under this regulation demand admission as of right to any land which is occupied unless at least 14 days' notice in writing of the intended entry has been given to the occupier.

(4) A person who intentionally obstructs a person in the exercise of his powers under this regulation commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I10Reg. 95 in force at 30.10.1994, see reg. 1(2)

Compensation: England and WalesE+W+S

96.—(1) The following provisions have effect as to compensation under regulation 30 (compensation for effect of byelaws) in respect of land in England and Wales.

(2) Any dispute arising on a claim for any such compensation shall be determined by the [F14Upper Tribunal].

(3) For the purposes of any such reference to the [F14Upper Tribunal], section 4 of the Land Compensation Act 1961 (which relates to costs) has effect with the substitution for references to the acquiring authority of references to the authority from whom the compensation in question is claimed.

(4) Rules (2) to (4) of the Rules set out in section 5 of that Act (which provides rules for valuation on a compulsory acquisition) apply to the calculation of any such compensation, in so far as it is calculated by reference to the depreciation of the value of an interest in land.

(5) In the case of an interest in land subject to a mortgage–

(a)any such compensation in respect of the depreciation of that interest shall be calculated as if the interest were not subject to the mortgage;

(b)a claim or application for the payment of any such compensation may be made by any person who when the byelaws giving rise to the compensation were made was the mortgagee of the interest, or by any person claiming under such a person, but without prejudice to the making of a claim or application by any other person;

(c)a mortgagee shall not be entitled to any such compensation in respect of his interest as such; and

(d)any compensation payable in respect of the interest subject to the mortgage shall be paid to the mortgagee or, where there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

Textual Amendments

Commencement Information

I11Reg. 96 in force at 30.10.1994, see reg. 1(2)

Compensation: ScotlandE+W+S

97.—(1) The following provisions have effect as to compensation under regulation 30 (compensation for effect of byelaws) in respect of land in Scotland.

(2) Any dispute arising on a claim for any such compensation shall be determined by the Lands Tribunal for Scotland.

(3) For the purposes of any such reference to the Lands Tribunal for Scotland section 8 of the Land Compensation (Scotland) Act 1963 (which relates to expenses) has effect with the substitution for references to the acquiring authority, of references to the authority from whom the compensation in question is claimed.

(4) Rules (2) to (4) of the Rules set out in section 12 of that Act (which provides rules for valuation on a compulsory acquisition) apply to the calculation of any such compensation, in so far as it is calculated by reference to the depreciation of the value of an interest in land.

(5) In the case of an interest in land subject to a heritable security–

(a)any such compensation in respect of the depreciation of that interest shall be calculated as if the interest were not subject to the heritable security;

(b)a claim or application for the payment of any such compensation may be made by any person who when the byelaws giving rise to the compensation were made was the creditor in a heritable security of the interest, or by any person claiming under such a person, but without prejudice to the making of a claim or application by any other person;

(c)a creditor in a heritable security shall not be entitled to any such compensation in respect of his interest as such; and

(d)any compensation payable in respect of the interest subject to the heritable security shall be paid to the creditor or, where there is more than one creditor in a heritable security, to the creditor whose heritable security has priority over any other heritable securities secured on the land, and shall in either case be applied by him as if it were proceeds of sale.

Commencement Information

I12Reg. 97 in force at 30.10.1994, see reg. 1(2)

Supplementary provisions as to compulsory acquisitionE+W+S

[F15Supplementary provisions as to acquisition of landE+W+S

98.—(1) The powers of compulsory acquisition conferred on the appropriate nature conservation body by regulation 32 are exercisable in any particular case on their being authorised so to do by the Secretary of State.

(2) In that regulation and in this regulation “land” includes any interest in land.

For this purpose “interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights.

(3) The Acquisition of Land Act 1981(16) applies in relation to any acquisition under these Regulations of land in England and Wales, and the Compulsory Purchase Act 1965(17) applies with any necessary modifications in relation to the acquisition of any interest in land in England and Wales.

(4) In relation to the compulsory acquisition of land in Scotland, the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947(18) shall apply as if these Regulations had been in force immediately before the commencement of that Act and as if in paragraph (a) of subsection (1) of section 1 thereof, in Part I of the First Schedule thereto and in the Second Schedule thereto references to a local authority included Scottish Natural Heritage:

Provided that section 2 of the said Act (which confers temporary powers for the speedy acquisition of land in urgent cases) shall not apply to any such compulsory acquisition as is mentioned in this paragraph.

The provisions of the Lands Clauses Acts incorporated with these Regulations by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by this paragraph, shall apply with the necessary modifications in relation to the compulsory acquisition of any interest in land, being an interest not falling within the definition of “lands” contained in the Lands Clauses Acts.]

Textual Amendments

Commencement Information

I13Reg. 98 in force at 30.10.1994, see reg. 1(2)

[F15Powers of entryE+W

99.—(1) For the purpose of surveying land in connection with the acquisition thereof or of any interest therein, whether by agreement or compulsorily, in the exercise of any power conferred by these Regulations, a person duly authorised in writing by the authority having power so to acquire the land or interest may enter upon the land.

(2) A person authorised under this regulation to enter upon any land shall, if so required, produce evidence of his authority before entering.

(3) A person shall not under this regulation demand admission as of right to any land which is occupied unless at least 14 days' notice in writing of the intended entry has been given to the occupier.

(4) A person who intentionally obstructs a person in the exercise of his powers under this regulation commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

Commencement Information

I14Reg. 99 in force at 30.10.1994, see reg. 1(2)

Supplementary provisions as to protection of speciesE+W+S

Attempts and possession of means of committing offenceE+W+S

100.—(1) A person who attempts to commit an offence under Part III of these Regulations is guilty of an offence and punishable in like manner as for that offence.

(2) A person who, for the purposes of committing an offence under Part III of these Regulations, has in his possession anything capable of being used for committing the offence is guilty of an offence and punishable in like manner as for that offence.

(3) References below to an offence under Part III include an offence under this regulation.

Commencement Information

I15Reg. 100 in force at 30.10.1994, see reg. 1(2)

EnforcementS

101.—(1) If a constable suspects with reasonable cause that any person is committing or has committed an offence under Part III of these Regulations, the constable may without warrant–

(a)stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b)[F16search for,] search or examine any thing which that person may then be using or [F17may have used, or may have or have had in his possession,] if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found [F18in or] on that thing;

[F19(ba)arrest that person;]

(c)seize and detain for the purposes of proceedings under that Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under regulation 103.

(2) If a constable suspects with reasonable cause that any person is committing [F20or has committed] an offence under Part III of these Regulations, he may, for the purposes of exercising the powers conferred by paragraph (1) or arresting a person in accordance with section 25 of the Police and Criminal Evidence Act 1984(19) for such an offence, enter any land other than a [F21dwelling or lockfast premises].

(3) If a justice of the peace is satisfied by [F22evidence ] on oath that there are reasonable grounds for suspecting that an offence under regulation 39, 41 or 43 has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable [F23to enter those premises, if necessary using reasonable force, and search them] for the purpose of obtaining that evidence.

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

[F24(4) A warrant under paragraph (3) continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify.

(5) A constable authorised by virtue of this regulation to enter any land must, if required to do so by the occupier or anyone acting on the occupier’s behalf, produce evidence of the constable’s authority.

(6) A constable who enters any land in the exercise of a power conferred by this regulation–

(a)may–

(i)be accompanied by any other persons; and

(ii)take any machinery, other equipment or materials on to the land,

for the purpose of assisting the constable in the exercise of that power;

(b)may take samples of any articles or substances found there and remove the samples from the land.

(7) A power specified in paragraph (6)(a) or (b) which is exercisable under a warrant is subject to the terms of the warrant.

(8) A constable leaving any land which has been entered in exercise of a power conferred by paragraph (2) or by a warrant under paragraph (3), being either unoccupied land or land from which the occupier is temporarily absent, must leave it as effectively secured against unauthorised entry as the constable found it.]

Extent Information

E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Commencement Information

I16Reg. 101 in force at 30.10.1994, see reg. 1(2)

EnforcementE+W

101.—(1) If a constable suspects with reasonable cause that any person is committing or has committed an offence under Part III of these Regulations, the constable may without warrant–

(a)stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b)search or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing;

(c)seize and detain for the purposes of proceedings under that Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under regulation 103.

(2) If a constable suspects with reasonable cause that any person is committing [F32or has committed] an offence under Part III of these Regulations, he may, for the purposes of exercising the powers conferred by paragraph (1) or arresting a person in accordance with [F33section 24] of the Police and Criminal Evidence Act 1984(19) for such an offence, [F34enter any premises other than a dwelling].

[F35(2A) A constable may, for the purpose of assisting him in exercising the powers conferred by paragraphs (1)(b) and (c) when he has entered any premises under paragraph (2), take with him—

(a)any other person; and

(a)any equipment or materials.]

(3) If a justice of the peace is satisfied by information on oath that there are reasonable grounds for suspecting that an offence under [F36 Part III of these Regulations] has been committed and that evidence of the offence 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 paragraph to Scotland, the reference to a justice of the peace includes a sheriff.

Textual Amendments

[F25Constables’ powers in connection with samplesE+W

101A.—(1) A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by regulation 101 is one in respect of which an offence under Part III of these Regulations is being or has been committed may require a sample to be taken from the specimen.

(2) A constable who suspects with reasonable cause that an offence under Part III of these Regulations is being or has been committed in respect of any specimen (“the relevant specimen”) may require any person to make available for the taking of a sample any other specimen in that person’s possession or control which—

(a)is alleged to be, or

(b)the constable suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(3) Where a sample from a live animal or plant is to be taken pursuant to a requirement under this regulation, any person who has possession or control of the animal or plant must give the person taking the sample such assistance as he may reasonably require for that purpose.

(4) This regulation is subject to regulation 101G (restrictions on taking samples).

(5) In this regulation and regulations 101B, 101E and 101G “specimen” means any animal or plant, or any part of, or anything derived from, an animal or plant.]

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

[F37Application of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981S

101A.—(1) Subject to paragraphs (2) to (4), sections 19ZC (wildlife inspectors: Scotland) and 19ZD (power to take samples: Scotland) of the Wildlife and Countryside Act 1981 apply, for the purposes of these Regulations.

(2) For the purposes of these Regulations, any reference in section 19ZC or 19ZD of the Wildlife and Countryside Act 1981 to that Act or any part thereof, shall be construed as a reference to these Regulations.

(3) The provisions of section 19ZC of the Wildlife and Countryside Act 1981 apply for the purposes of these Regulations as if–

(a)in subsection (3)–

(i)in paragraph (a), the reference to “section 6, 9(5) or 13(2)” was a reference to regulation [F3839(3)] or 43(2) of these Regulations;

(ii)paragraphs (b) to (d) were omitted; and

(iii)in paragraph (e)(i) and (ii), “registration or” was omitted;

(b)in subsection (4)–

(i)in paragraph (a), for “paragraphs (a) to (c) do” there was substituted “ paragraph (a) does ”;

(ii)in paragraph (a)(i) and (ii) “registration or” was omitted; and

(iii)paragraph (b) was omitted;

(c)in subsection (5), for the words from “section 6” to “14A” there was substituted a reference to regulation [F3939(3)] or 43(2) of these Regulations;

(d)in subsection (6), “bird or other” was omitted in each place where it occurs;

(e)for subsection (9) there was substituted–

“(9) In this section–

“relevant licence” means a licence under regulation 44 of the Conservation (Natural Habitats, &c.) Regulations 1994 which authorises anything which would otherwise be an offence under regulation [F4039(3)] or 43(2) of those Regulations;

“specimen” means any animal or plant or any part of, or anything derived from, an animal or plant.”; and

(f)after subsection (9) there was inserted–

“(10) A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.”.

(4) the provisions of section 19ZD of the Wildlife and Countryside Act 1981 apply for the purposes of these Regulations as if–

(a)in subsection (1)–

(i)the reference to “section 19” was a reference to regulation 101 of these Regulations; and

(ii)the reference to “this Part” was a reference to Part III of these Regulations;

(b)in subsection (2), the reference to “this Part” was a reference to Part III of these Regulations;

(c)in subsection (3)–

(i)for the words from “section 6” to “14A” there was substituted a reference to regulation [F4139(3)] or 43(2) of these Regulations; and

(ii)“to (d)” was omitted;

(d)in subsection (4), for the words from “section 6” to “14A” there was substituted a reference to regulation [F4239(3)] or 43(2) of these Regulations;

(e)in subsection (5), “bird, other” was omitted;

(f)in subsections (6) and (7), “bird or other” was omitted;

(g)in subsection (8), the reference to “section 19(2)” was a reference to regulation 101(2) of these Regulations;

(h)in subsection (10)(b)–

(i)for “a bird, other” there was substituted “ an ”; and

(ii)“bird, other” was omitted; and

(i)after subsection (10) there was inserted–

“(11) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.”.]

Textual Amendments

[F25Offences in connection with constables’ powers to take samplesE+W

101B.—(1) A person commits an offence if, without reasonable excuse, he fails—

(a)to make available any specimen in accordance with a requirement under regulation 101A(2); or

(b)to give any assistance reasonably required under regulation 101A(3).

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

Wildlife inspectorsE+W

101C.—(1) In regulations 101D to 101I “wildlife inspector” means a person authorised in writing under this regulation by—

(a)the Secretary of State (in relation to England); or

(b)the Welsh Ministers (in relation to Wales).

(2) An authorisation under paragraph (1) is subject to any conditions or limitations specified in it.

Textual Amendments

Powers of wildlife inspectors to enter premisesE+W

101D.—(1) A wildlife inspector may, at any reasonable time, enter and inspect any premises other than a dwelling—

(a)for the purpose of ascertaining whether an offence under regulation 39, 41, 43 or 46A is being or has been committed; or

(b)for the purpose of verifying any statement or representation made, or document or information supplied, by an occupier of the premises in connection with an application for, or the holding of, a licence granted under regulation 44.

(2) The power in paragraph (1) to enter and inspect premises includes power to board and inspect a ship within the coastal sea, subject to paragraphs (3) to (6).

(3) Paragraph (4) applies in relation to—

(a)a third country ship;

(b)a warship which is being used by the government of a State other than the United Kingdom (whether or not it is a third country ship); and

(c)any other ship which is being used by the government of a State other than the United Kingdom for any non-commercial purpose.

(4) A wildlife inspector must not, in the exercise of the power in paragraph (1), board or inspect a ship to which this paragraph applies unless—

(a)in the case of a third country ship (other than a ship which is being used as mentioned in paragraph (3)(b) or (c)), the United Kingdom is entitled under international law to exercise that power without the consent of the flag state; or

(b)the Commissioners have given authority to exercise that power.

(5) The Commissioners must not give their authority under paragraph (4)(b) unless the flag state has consented to the United Kingdom exercising that power (whether generally or in relation to the ship in question).

(6) In giving their authority under paragraph (4)(b), the Commissioners must impose such conditions or limitations on the exercise of the power as may be necessary to give effect to any conditions or limitations imposed by the flag state.

(7) A wildlife inspector shall, if required to do so, produce evidence of his authority before entering any premises under this regulation.

(8) A wildlife inspector entering premises under this regulation may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under regulation 101E.

(9) In this regulation—

“coastal sea” and “ship” have the same meanings as in regulation 37C;

“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

“flag state”, in relation to a ship, means the State whose flag that ship is flying or is entitled to fly;

“third country ship” means a ship which—

(a)

is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and

(b)

is not registered in a member State.

Textual Amendments

Wildlife inspectors’ powers for examining specimens and taking samplesE+W

101E.—(1) The powers conferred by this regulation are exercisable where a wildlife inspector has entered premises for a purpose mentioned in regulation 101D(1)(a) or (b).

(2) The inspector, or veterinary surgeon accompanying him, may—

(a)for any such purpose, examine any specimen; and

(b)subject to paragraph (3) and regulation 101G, take a sample from it.

(3) No sample may be taken under paragraph (2) from a live animal or plant except for the purpose of establishing its ancestry or identity.

(4) The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—

(a)making an examination under paragraph (2)(a); or

(b)taking a sample under paragraph (2)(b).

(5) The inspector may take and remove from the premises a specimen which is not a live animal or plant, if there are reasonable grounds for believing that it is evidence of an offence under regulation 39, 41, 43 or 46A.

Textual Amendments

Offences in connection with wildlife inspectors’ enforcement powersE+W

101F.—(1) A person commits an offence if he—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by regulation 101D or regulation 101E(2) or (5); or

(b)fails without reasonable excuse to give any assistance reasonably required under regulation 101E(4).

(2) A person commits an offence if, with intent to deceive, he falsely pretends to be a wildlife inspector.

(3) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) A person guilty of an offence under paragraph (2) shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both; or

(b)on conviction on indictment, to imprisonment not exceeding two years or to a fine, or to both.

Textual Amendments

Restrictions on taking samples from live specimensE+W

101G.—(1) No sample may be taken by virtue of regulation 101A or 101E from a live animal except by a veterinary surgeon.

(2) No sample may be taken by virtue of regulation 101A or 101E from a live animal or plant unless the person taking it is satisfied on reasonable grounds that taking it will not cause lasting harm to the specimen.

Textual Amendments

Codes of practiceE+W

101H.—(1) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) may—

(a)issue a code of practice in connection with any of the provisions of regulations 101B to 101G; and

(b)revise or replace such a code.

(2) In discharging any function under regulations 101B to 101G—

(a)a wildlife inspector authorised by the Secretary of State must have regard to any relevant provision of a code issued by the Secretary of State;

(b)a wildlife inspector authorised by the Welsh Ministers must have regard to any relevant provision of a code issued by them.

(3) But a wildlife inspector’s failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.

(4) A code—

(a)is admissible in evidence in any proceedings; and

(b)must be taken into account by any court in any case in which it appears to the court to be relevant.

Textual Amendments

Advice and assistance from nature conservation bodiesE+W

101I.  Natural England (in relation to England) and the Countryside Council for Wales (in relation to Wales) may advise or assist any constable or wildlife inspector in, or in connection with, enforcement action in relation to offences under Part III of these Regulations.]

Textual Amendments

Proceedings for offences: venue, time limitsS

102.—(1) An offence under Part III of these Regulations shall, for the purposes of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

(2) Summary proceedings [F26for any such offence] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

  • But no such proceedings shall be brought by virtue of this paragraph more than [F27three] years after the commission of the offence [F28or, in the case of a continuous contravention, after the last date on which the offence was committed].

(3) For the purposes of paragraph (2) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Commencement Information

I17Reg. 102 in force at 30.10.1994, see reg. 1(2)

Proceedings for offences: venue, time limitsE+W

102.—(1) An offence under Part III of these Regulations shall, for the purposes of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

(2) Summary proceedings for [F43any such offence] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • But no such proceedings shall be brought by virtue of this paragraph more than two years after the commission of the offence.

(3) For the purposes of paragraph (2) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Textual Amendments

Power of court to order forfeitureE+W+S

103.—(1) The court by which a person is convicted of an offence under Part III of these Regulations–

(a)shall order the forfeiture of any animal, plant or other thing in respect of which the offence was committed; and

(b)may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence.

(2) In paragraph (1)(b) “vehicle” includes aircraft, hovercraft and boat.

Commencement Information

I18Reg. 103 in force at 30.10.1994, see reg. 1(2)

Saving for other protective provisionsE+W+S

104.  Nothing in these Regulations shall be construed as excluding the application of the provisions of Part I of the Wildlife and Countryside Act 1981(20) (protection of wildlife) in relation to animals or plants also protected under Part III of these Regulations.

Commencement Information

I19Reg. 104 in force at 30.10.1994, see reg. 1(2)

[F29Application of criminal offences to the CrownS

104A.—(1) No contravention by the Crown of any provision of these Regulations makes the Crown criminally liable; but the Court of Session may, on the application of any public body or office holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(2) Despite paragraph (1), the provisions of these Regulations apply to persons in the public service of the Crown as they apply to other persons.]

Textual Amendments

General supplementary provisionsE+W+S

Powers of drainage authoritiesE+W+S

105.—(1) Where the appropriate nature conservation body or any other person enter into an agreement with a drainage authority for the doing by that authority of any work on land in a European site, no limitation imposed by law on the capacity of the drainage authority by virtue of its constitution shall operate so as to prevent the authority carrying out the agreement.

(2) In paragraph (1) “drainage authority” means the National Rivers Authority or an internal drainage board.

Commencement Information

I20Reg. 105 in force at 30.10.1994, see reg. 1(2)

Offences by bodies corporate, &c.E+W+S

106.—(1) Where an offence under these Regulations committed by a body corporate is proved to have committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

For this purpose “director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body.

(2) Where an offence under these Regulations committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a partner, he (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

Commencement Information

I21Reg. 106 in force at 30.10.1994, see reg. 1(2)

[F30Application of criminal offences to the CrownE+W

106A.—(1) No contravention by the Crown of any provision made by these Regulations makes the Crown criminally liable, but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

(2) Notwithstanding paragraph (1), the provisions of these Regulations apply to persons in the public service of the Crown as they apply to any other person.]

Textual Amendments

Local inquiriesE+W+S

107.—(1) The Secretary of State may cause a local inquiry to be held for the purposes of the exercise of any of his functions under these Regulations.

(2) The provisions of section 250(2) to (5) of the Local Government Act 1972(21) or section 210(4) to (8) of the Local Government (Scotland) Act 1973(22) (local inquiries: evidence and costs) apply in relation to an inquiry held under this regulation.

Commencement Information

I22Reg. 107 in force at 30.10.1994, see reg. 1(2)

Service of noticesE+W+S

108.—(1) Section 329 of the Town and Country Planning Act 1990(23) or section 269 of the Town and Country Planning (Scotland) Act 1972(24) (service of notices) apply to notices and other documents required or authorised to be served under these Regulations.

(2) Paragraph (1) does not apply to the service of any notice required or authorised to be served under the Acquisition of Land Act 1981(25) or the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947(26), as applied by these Regulations.

Commencement Information

I23Reg. 108 in force at 30.10.1994, see reg. 1(2)

[F31Advisory role of the JNCCE+W+S

109.—(1) The Joint Nature Conservation Committee may provide advice or make representations to any competent authority in relation to—

(a)any question as to whether that authority is obliged to carry out an appropriate assessment in relation to a European offshore marine site under these Regulations;

(b)any appropriate assessment on which that authority is obliged to consult the Committee under these Regulations;

(c)any application made pursuant to regulation 62 of these Regulations and sent to the Committee by that authority pursuant to regulation 62(4); and

(d)any decision of the Secretary of State in respect of which notice has been served on it by him under regulation 72(2)(b), 76(2)(b) or 80(2)(b) of these Regulations.

(2) The Joint Nature Conservation Committee may undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or making representations under this regulation.

(3) In this regulation and regulation 110 of these Regulations, “research” includes inquiries and investigations.

Textual Amendments

Advisory role of Natural England, the Countryside Council for Wales and Scottish Natural HeritageE+W+S

110.—(1) Natural England may—

(a)provide advice and assistance, or make representations, to any competent authority on any matter which relates to England and is connected with the discharge of the competent authority’s functions under these Regulations; and

(b)undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or assistance or making representations under sub-paragraph (a).

(2) The Countryside Council for Wales may—

(a)provide advice and assistance, or make representations, to any competent authority on any matter which relates to Wales and is connected with the discharge of the competent authority’s functions under these Regulations; and

(b)undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or assistance or making representations under sub-paragraph (a).

(3) Scottish Natural Heritage may—

(a)provide advice and assistance, or make representations, to any competent authority on any matter which relates to Scotland and is connected with the discharge of the competent authority’s functions under these Regulations; and

(b)undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or assistance or making representations under sub-paragraph (a).]

Textual Amendments

(5)

1970 c. 40; section 29 was amended by section 15(1) of the Agriculture (Miscellaneous Provisions) Act 1976 (c. 55).

(23)

1990 c. 8.

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