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The Conservation of Offshore Marine Habitats and Species Regulations 2017

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This is the original version (as it was originally made).

Licences: supplementary provisions

This section has no associated Explanatory Memorandum

56.—(1) Subject to the provisions of this regulation, a licence under regulation 55—

(a)may be, to any degree, general or specific;

(b)may be granted either to persons of a class or to a particular person; and

(c)may be subject to compliance with any specified conditions.

(2) For the purposes of such a licence the definition of a class of persons may be framed by reference to their being authorised by any other person, or by reference to any other circumstances whatever.

(3) A licence under regulation 55(1) or (3) must specify—

(a)the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, any action authorised by the licence may be taken; and

(b)the methods, means or arrangements which are authorised or required for the taking of the action.

(4) A licence under regulation 55(6) which authorises any person to kill wild animals must specify the area within which and the means or methods by which the wild animals may be killed.

(5) A licence under regulation 55(8) may only be granted to such persons as are named in the licence.

(6) A licence under regulation 55(8) must specify—

(a)the species of animal or plant specimens which may be taken or kept;

(b)the maximum number of specimens which may be taken or kept or which particular specimens may be taken or kept;

(c)the conditions subject to which the action authorised by the licence may be taken and in particular—

(i)the methods, means or arrangements by which the specimens may be taken or kept;

(ii)when or over what period the action authorised by the licence may be taken; and

(iii)where it authorises any person to take specimens, the area from which they may be taken.

(7) A licence under regulation 55 may be modified or revoked at any time by the relevant administration, but otherwise it is valid for the period stated in the licence.

(8) In paragraph (7), “the relevant administration” is to be construed in accordance with regulation 55(15), (16) and (18).

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