Wildlife and Countryside Act 1981

1981 c. 69

An Act to repeal and re-enact with amendments the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975; to prohibit certain methods of killing or taking wild animals; to amend the law relating to protection of certain mammals; to restrict the introduction of certain animals and plants; to amend the Endangered Species (Import and Export) Act 1976; to amend the law relating to nature conservation, the countryside and National Parks and to make provision with respect to the Countryside Commission; to amend the law relating to public rights of way; and for connected purposes.

Enacted[30th October 1981] ^C1

Part I Wildlife¶

Protection of birds and prevention of poaching¶

^E11 Protection of wild birds, their nests and eggs.¶

1 Subject to the provisions of this Part, if any person intentionally—

a kills, injures or takes any wild bird;

aa takes, damages or destroys the nest of a wild bird included in Schedule ZA1;

b takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or

c takes or destroys an egg of any wild bird,

he shall be guilty of an offence.

2 Subject to the provisions of this Part, if any person has in his possession or control—

a any live or dead wild bird or any part of, or anything derived from, such a bird; or

b an egg of a wild bird or any part of such an egg,

he shall be guilty of an offence.

3 A person shall not be guilty of an offence under subsection (2) if he shows that—

a the bird or egg had not been killed or taken, or had been lawfully killed or taken ^F16. . . ; or

b the bird, egg or other thing in his possession or control had been lawfully sold (whether to him or any other person) ^F18. . . ;

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3ZA A person shall not be guilty of an offence under subsection (2)(b) if the person shows that the egg, or the part of the egg, was in any person’s possession or control before 28th September 1982.

3A In subsection (3) “lawfully” means without any contravention of—

a this Part and orders made under it,

b the Protection of Birds Acts 1954 to 1967 ^F21 and orders made under those Acts,

c any other legislation which implements the Wild Birds Directive and extends to any part of the United Kingdom, to any area designated in accordance with section 1(7) of the Continental Shelf Act 1964 ^F23 , or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 ^F24 , and

d the provisions of the law of any member State (other than the United Kingdom) implementing the Wild Birds Directive.

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5 Subject to the provisions of this Part, if any person intentionally or recklessly—

a disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or

b disturbs dependent young of such a bird,

he shall be guilty of an offence^F12. . . .

6 For the purposes of this section the definition of “wild bird” in section 27(1) is to be read as not including any bird which is shown to have been bred in captivity unless it has been lawfully released into the wild as part of a re-population or re-introduction programme.

6A “ Re-population ” and “ re-introduction ” have the same meaning as in the Wild Birds Directive .

7 Any reference in this Part to any bird included in Schedule 1 is a reference to any bird included in Part I and, during the close season for the bird in question, any bird included in Part II of that Schedule.

^E32 Exceptions to s. 1.¶

1 Subject to the provisions of this section, a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.

2 Subject to the provisions of this section, an authorised person shall not be guilty of an offence under section 1 by reason of—

a the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;

b the taking, damaging or destruction of a nest of such a bird; or

c the taking or destruction of an egg of such a bird.

3 Subsections (1) and (2) shall not apply in Scotland on Sundays or on Christmas Day; and subsection (1) shall not apply on Sundays in any area of England and Wales which the Secretary of State may by order prescribe for the purposes of that subsection.

4 In this section and section 1 “close season” means—

a in the case of capercaillie and (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September;

b in the case of snipe, the period in any year commencing with 1st February and ending with 11th August;

c in the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August;

d in any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August.

5 The Secretary of State may by order made with respect to the whole or any specified part of Great Britain vary the close season for any wild bird specified in the order.

^C2^C396 If it appears to the Secretary of State expedient that any wild birds included in Part II of Schedule 1 or Part I of Schedule 2 should be protected during any period outside the close season for those birds, he may by order made with respect to the whole or any specified part of Great Britain declare any period (which shall not in the case of any order exceed fourteen days) as a period of special protection for those birds; and this section and section 1 shall have effect as if any period of special protection declared under this subsection for any birds formed part of the close season for those birds.

7 Before making an order under subsection (6) the Secretary of State shall consult a person appearing to him to be a representative of persons interested in the shooting of birds of the kind proposed to be protected by the order.

^E43 Areas of special protection.¶

1 The Secretary of State may by order make provision with respect to any area specified in the order providing for all or any of the following matters, that is to say—

a that any person who, within that area or any part of it specified in the order, at any time or during any period so specified, intentionally—

i kills, injures or takes any wild bird or any wild bird so specified;

ii takes, damages or destroys the nest of such a bird while that nest is in use or being built;

iii takes or destroys an egg of such a bird;

iv disturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; or

v disturbs dependent young of such a bird,

shall be guilty of an offence under this section;

b that any person who, except as may be provided in the order, enters into that area or any part of it specified in the order at any time or during any period so specified shall be guilty of an offence under this section;

c that where any offence under this Part, or any such offence under this Part as may be specified in the order, is committed within that area, the offence shall be treated as falling within section 7(3A).

2 An authorised person shall not by virtue of any such order be guilty of an offence by reason of—

a the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;

b the taking, damaging or destruction of the nest of such a bird;

c the taking or destruction of an egg of such a bird; or

d the disturbance of such a bird or dependent young of such a bird.

3 The making of any order under this section with respect to any area shall not affect the exercise by any person of any right vested in him, whether as owner, lessee or occupier of any land in that area or by virtue of a licence or agreement.

4 Before making any order under this section the Secretary of State shall give particulars of the intended order either by notice in writing to every owner and every occupier of any land included in the area with respect to which the order is to be made or, where the giving of such a notice is in his opinion impracticable, by advertisement in a newspaper circulating in the locality in which that area is situated.

5 The Secretary of State shall not make an order under this section unless—

a all the owners and occupiers aforesaid have consented thereto;

b no objections thereto have been made by any of those owners or occupiers before the expiration of a period of three months from the date of the giving of the notice or the publication of the advertisement; or

c any such objections so made have been withdrawn.

^E74 Exceptions to ss. 1 and 3.¶

1 Nothing in section 1 or in any order made under section 3 shall make unlawful—

a anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the ^M1Agriculture Act 1947, or by the Secretary of State under section 39 of the ^M2Agriculture (Scotland) Act 1948;

b anything done under, or in pursuance of an order made under, section 21 or 22 of the ^M3Animal Health Act 1981; or

c except in the case of a wild bird included in Schedule ZA1 or 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.

2 Notwithstanding anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of—

a the taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

b the killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

c any act made unlawful by those provisions if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.

3 Notwithstanding anything in the provisions of section 1 or any order made under section 3, an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of—

a preserving public health or public or air safety;

b preventing the spread of disease; or

c preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, , fisheries or inland waters.

4 An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection (3)(c) unless he shows that as regards that purpose, there was no other satisfactory solution.

5 An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time for any purpose mentioned in that paragraph if it had become apparent, before that time, that that action would prove necessary for that purpose and either—

a a licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; or

b an application by him for such a licence had been determined.

6 An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action.

^E95 Prohibition of certain methods of killing or taking wild birds.¶

1 Subject to the provisions of this Part, if any person—

a sets in position any of the following articles, being an article which is of such a nature and is so placed as to be calculated to cause bodily injury to any wild bird coming into contact therewith, that is to say, any springe, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance;

b uses for the purpose of killing or taking any wild bird any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net, baited board, bird-lime or substance of a like nature to bird-lime;

c uses for the purpose of killing or taking any wild bird—

i any bow or crossbow;

ii any explosive other than ammunition for a firearm;

iii any automatic or semi-automatic weapon;

iv any shot-gun of which the barrel has an internal diameter at the muzzle of more than one and three-quarter inches;

v any device for illuminating a target or any sighting device for night shooting;

vi any form of artificial lighting or any mirror or other dazzling device;

vii any gas or smoke not falling within paragraphs (a) and (b); or

viii any chemical wetting agent;

d uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; ^F43 . . .

e uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, ; or

f knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection and which is not lawful under subsection (5),

he shall be guilty of an offence^F45. . . .

2 Subject to subsection (3), the Secretary of State may by order, either generally or in relation to any kind of wild bird specified in the order, amend subsection (1) by adding any method of killing or taking wild birds or by omitting any such method which is mentioned in that subsection.

3 The power conferred by subsection (2) shall not be exerciseable, except for the purpose of complying with an international obligation, in relation to any method of killing or taking wild birds which involves the use of a firearm.

4 In any proceedings under subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to wild birds.

^F46 4A In any proceedings under subsection (1)(f) relating to an act which is mentioned in subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to wild birds.

5 Nothing in subsection (1) shall make unlawful—

a the use of a cage-trap or net by an authorised person for the purpose of taking a bird included in Part II of Schedule 2;

b the use of nets for the purpose of taking wild duck in a duck decoy which is shown to have been in use immediately before the passing of the ^M4Protection of Birds Act 1954; or

c the use of a cage-trap or net for the purpose of taking any game bird if it is shown that the taking of the bird is solely for the purpose of breeding;

but nothing in this subsection shall make lawful the use of any net for taking birds in flight or the use for taking birds on the ground of any net which is projected or propelled otherwise than by hand.

^E116 Sale etc. of live or dead wild birds, eggs etc.¶

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^F49. . . —

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.

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5 Any reference in this section to any bird included in Part 1 of Schedule 3 is a reference to any bird included in that Part which—

a was bred in captivity,

b has been ringed or marked in accordance with regulations made by the Secretary of State, and

c has not been lawfully released into the wild as part of a re-population or re-introduction programme.

5A “ Re-population ” and “ re-introduction ” have the same meaning as in the Wild Birds Directive.

5B Regulations made for the purposes of subsection (5)(b) 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.

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^E137 Registration etc. of certain captive birds.¶

1 If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence ^F60. . ..

2 The power of the Secretary of State to make regulations under subsection (1) shall include power—

a to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and

b to make different provision for different birds or different descriptions of birds.

^C4 2A The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).

3 If any person keeps or has in his possession or under his control any bird included in Schedule 4—

a within five years of his having been convicted of an offence under this Part which falls within subsection (3A); 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,

he shall be guilty of an offence.

3A The offences falling within this subsection are—

a any offence under section 1(1) or (2) in respect of—

i a bird included in Schedule ZA1 or 1 or any part of, or anything derived from, such a bird,

ii the nest of such a bird, or

iii an egg of such a bird or any part of such an egg;

b any offence under section 1(5) or 5;

c any offence under section 6 in respect of—

i a bird included in Schedule ZA1 or 1 or any part of, or anything derived from, such a bird, or

ii an egg of such a bird or any part of such an egg;

ca any offence under subsection (1);

d any offence under section 8.

4 If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person—

a within five years of that person’s having been convicted of such an offence as is mentioned in paragraph (a) of subsection (3); or

b within three years of that person’s having been convicted of such an offence as is mentioned in paragraph (b) of that subsection,

he shall be guilty of an offence.

5 No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the ^M7Rehabilitation of Offenders Act 1974.

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8 Protection of captive birds.¶

1 If any person keeps or confines any bird whatever in any cage or other receptacle which is not sufficient in height, length or breadth to permit the bird to stretch its wings freely, he shall be guilty of an offence^F67. . . .

2 Subsection (1) does not apply to poultry, or to the keeping or confining of any bird—

a while that bird is in the course of conveyance, by whatever means;

b while that bird is being shown for the purposes of any public exhibition or competition if the time during which the bird is kept or confined for those purposes does not in the aggregate exceed 72 hours; or

c while that bird is undergoing examination or treatment by a veterinary surgeon or veterinary practitioner.

3 Every person who—

a promotes, arranges, conducts, assists in, receives money for, or takes part in, any event whatever at or in the course of which captive birds are liberated by hand or by any other means whatever for the purpose of being shot immediately after their liberation; or

b being the owner or occupier of any land, permits that land to be used for the purposes of such an event,

shall be guilty of an offence^F68. . . .

Protection of other animals and prevention of poaching¶

^E159 Protection of certain wild animals.¶

1 Subject to the provisions of this Part, if any person intentionally kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.

2 Subject to the provisions of this Part, if any person has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal, he shall be guilty of an offence.

3 A person shall not be guilty of an offence under subsection (2) if he shows that—

a the animal had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; or

b the animal or other thing in his possession or control had been sold (whether to him or any other person) otherwise than in contravention of those provisions

and in this subsection "the relevant provisions" means the provisions of this Part and of the Conservation of Wild Creatures and Wild Plants Act 1975

4 Subject to the provisions of this Part, a person is guilty of an offence if intentionally or recklessly—

a he damages or destroys any structure or place which any wild animal specified in Schedule 5 uses for shelter or protection;

b he disturbs any such animal while it is occupying a structure or place which it uses for shelter or protection; or

c he obstructs access to any structure or place which any such animal uses for shelter or protection.

4A Subject to the provisions of this Part, if any person intentionally or recklessly disturbs any wild animal included in Schedule 5 as—

a a dolphin or whale (cetacea), or

b a basking shark (cetorhinus maximus),

he shall be guilty of an offence.

5 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 or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal; 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.

6 In any proceedings for an offence under subsection (1), (2) or (5)(a) , the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

^E1610 Exceptions to s. 9.¶

1 Nothing in section 9 shall make unlawful—

a anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the ^M8Agriculture Act 1947, or by the Secretary of State under section 39 of the ^M9Agriculture (Scotland) Act 1948; ^F908...

b anything done under, or in pursuance of an order made under, the ^M10Animal Health Act 1981. or

c anything done in relation to an animal of any species pursuant to a licence granted by Natural England under regulation 55 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) in respect of an animal or animals of that species

2 Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house.

3 Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—

a the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

b the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

c any act made unlawful by that section if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.

4 Notwithstanding anything in section 9, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5 if he shows that his action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

5 A person shall not be entitled to rely on the defence provided by subsection (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the conservation bodyfor the area in which the house is situated or, as the case may be, the act is to take place of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used.

6 An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either—

a a licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

b an application for such a licence had been determined.

10A Protection of wild hares etc.¶

1 Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 5A in the close season for the animal is guilty of an offence.

2 In this section, “close season” means—

^F906a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b in the case of a brown hare, the period in any year beginning with 1st February and ending with 30th September.

3 The Scottish Ministers may by order vary the close season for any wild animal included in Schedule 5A which is specified in the order.

4 If it appears to the Scottish Ministers expedient that any wild animals included in Schedule 5A should be protected during any period outside the close season for those animals, they may by order declare any period not exceeding 14 days as a period of special protection for those animals.

5 Before making an order under subsection (4), the Scottish Ministers must consult such persons appearing to them to be representative of persons interested in the killing or taking of animals of the kind proposed to be protected by the order as they consider appropriate.

6 Where an order is made under subsection (4), this section has effect as if any period of special protection declared by the order forms part of the close season for those animals.

7 An order under subsection (3) or (4) may be made as respects the whole of Scotland or any part of Scotland specified in the order.

8 In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.

10B Exceptions to s. 10A¶

1 A person is not guilty of an offence under section 10A(1) by reason of the killing of an animal included in Schedule 5A if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering.

2 A person is not guilty of an offence under section 10A(1) by reason of taking any such animal if he shows that—

a he had a legal right to take such an animal or permission, from a person who had a right to give permission, to take such an animal; and

b the animal—

i had been disabled otherwise than by his unlawful act; and

ii was taken solely for the purpose of tending it and releasing it when no longer disabled.

3 An authorised person is not guilty of an offence under section 10A(1) by reason of the killing or injuring of an animal included in Schedule 5A if he shows that his action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

4 An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action if––

a it had become apparent, before the action was taken, that it would prove necessary for the purpose mentioned in that subsection; and

b either—

i a licence under section 16 authorising the action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

ii an application for such a licence had been determined.

5 An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action unless he notified the appropriate authority as soon as reasonably practicable after the action was taken that he had taken it.

6 In subsection (5), “the appropriate authority” has the same meaning as in section 16(9).

7 Nothing in section 10A makes unlawful—

a anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or

b anything done under, or in pursuance of an order made under, the Animal Health Act 1981.

^E1911 Prohibition of certain methods of killing or taking wild animals.¶

1 Subject to the provisions of this Part, if any person—

a sets in position otherwise than in Wales any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith;

b uses otherwise than in Wales for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as aforesaid, any bow or cross-bow or any explosive other than ammunition for a firearm; ^F89 . . .

ba sets in position in Wales any snare, or other cable restraint, which is of such a nature and so placed as to be likely to cause bodily injury to any wild animal coming into contact with it;

bb uses in Wales for the purpose of killing or taking any wild animal any snare, or other cable restraint, whether or not of such a nature or so placed as aforesaid;

bc sets in position in Wales any glue trap which is of such a nature and so placed as to be likely to catch any animal coming into contact with it;

bd uses in Wales for the purpose of killing or taking any animal any glue trap, whether or not of such a nature or so placed as aforesaid;

be uses in Wales for the purpose of killing or taking any wild animal any bow or cross-bow or any explosive other than ammunition for a firearm;

c uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, ; or

d knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,

he shall be guilty of an offence.

2 Subject to the provisions of this Part, a person shall be guilty of an offence if that person—

a uses , otherwise than in Wales, any trap or snare , or in Wales, any trap other than a glue trap, for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;

b sets in position , otherwise than in Wales, any trap or snare , or in Wales, any trap other than a glue trap, of such a nature and so placed as to be—

i in England ^F924..., calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;

ii in Scotland or Wales, likely to cause bodily injury to any such wild animal;

c sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—

i in England ^F926..., calculated to cause bodily injury to any wild animal included in Schedule 6;

ii in Scotland or Wales, likely to cause bodily injury to any such wild animal;

d uses for the purpose of killing or taking any wild animal included in Schedule 6—

i any electrical device for killing or stunning;

ii any poisonous, poisoned or stupefying substance;

iii any net;

iv any automatic or semi-automatic weapon;

v any device for illuminating a target or sighting device for night shooting;

vi any form of artificial light or any mirror or other dazzling device;

vii any gas or smoke not falling within sub-paragraph (ii);

viii any sound recording used as a decoy; or

ix any mechanically propelled vehicle in immediate pursuit of any such animal;

e uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or

f knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).

3 Subject to the provisions of this Part, if any person—

a sets in position or knowingly causes or permits to be set in position , otherwise than in Wales, any snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; and

b while the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day,

he shall be guilty of an offence.

4 The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.

5 In any proceedings for an offence under subsection (1)(b) (ba), (bb) or (c) or (2)(a), (d) or (e), and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

6 In any proceedings for an offence under subsection (2)(b) or (c) it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in the relevant Schedule.

^F957 In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in subsection (2)(b) or (c) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in the relevant Schedule.

7ZA For the purposes of paragraphs (bc) and (bd) of subsection (1), “animal means a vertebrate (other than a human).

7A In subsections (6) and (7), “the relevant Schedule” means—

a where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;

b where proceedings relate to an offence under subsection (2)(c), Schedule 6.

^F95311A Snares: training, identification numbers, tags etc.¶

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^F95311B Snares: duty to inspect etc.¶

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^F95311C Snares: authorisation from landowners etc.¶

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^F95311D Snares: presumption arising from identification number¶

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^F95311E Snares: record keeping¶

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^F95311F Snaring: review and report to the Scottish Parliament¶

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11G Prevention of poaching: wild hares, rabbits etc.¶

1 Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 6A is guilty of an offence.

2 In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.

11H Exceptions to s. 11G¶

1 A person is not guilty of an offence under section 11G(1)—

a by reason of the killing of an animal included in Schedule 6A if he had a legal right, or permission from a person who had a right to give permission, to kill such an animal; or

b by reason of the taking of such an animal if he had a legal right, or permission from a person who had a right to give permission, to take such an animal.

2 A person is not guilty of an offence under section 11G(1) by reason of the killing of an animal included in Schedule 6A if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering.

3 Nothing in section 11G makes unlawful—

a anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or

b anything done under, or in pursuance of an order made under, the Animal Health Act 1981.

11I Sale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully¶

1 Any person who does any of the following is guilty of an offence—

a has in his possession or control any live or dead wild animal which has been killed or taken in contravention of section 10A or 11G, or any part of or anything derived from such an animal;

b sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale any such animal or any part of or anything derived from such an animal; or

c 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.

2 A person is not guilty of an offence under subsection (1) in relation to an activity mentioned in that subsection if he shows that he carried out the activity concerned with reasonable excuse.

3 In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.

12YA Relaxation of restriction on night shooting of hares and rabbits¶

Schedule 7, which amends certain Acts prohibiting night shooting of hares and rabbits by occupiers of land etc., has effect.

12 Protection of certain mammals.¶

Schedule 7, which amends the law relating to the protection of certain mammals, shall have effect.

Protection of plants¶

^E2113 Protection of wild plants.¶

1 Subject to the provisions of this Part, if any person—

a intentionally picks, uproots or destroys any wild plant included in Schedule 8; or

b not being an authorised person, intentionally uproots any wild plant not included in that Schedule,

he shall be guilty of an offence.

2 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 or dead wild plant included in Schedule 8, or any part of, or anything derived from, such a plant; 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 Notwithstanding anything in subsection (1), a person shall not be guilty of an offence by reason of any act made unlawful by that subsection if he shows that the act was an incidental result of a lawful operation and could not reasonably have been avoided.

4 In any proceedings for an offence under subsection (2)(a), the plant in question shall be presumed to have been a wild plant unless the contrary is shown.

Miscellaneous¶

^E23^C5^C6^C3814 Introduction of new species etc.¶

1 Subject to the provisions of this Part, if any person releases or allows to escape into the wild any animal which—

a is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; or

b is included in Part I, IA or IB of Schedule 9,

he shall be guilty of an offence.

2 Subject to the provisions of this Part, if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence.

3 Subject to subsection (4), it shall be a defence to a charge of committing an offence under subsection (1) or (2) to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

4 Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession.

4ZA Subsection (1)(a) does not apply to species included on the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council, as amended from time to time.

4A Schedule 9A contains provision about species control agreements and orders and related matters.

^F1045 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1046 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14ZA Sale etc. of certain animals and plants included in Schedule 9 ¶

1 Subject to the provisions of this Part, a person is guilty of an offence if he sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale—

a an animal or plant to which this section applies, or

b anything from which such an animal or plant can be reproduced or propagated.

2 Subject to the provisions of this Part, a person is guilty of an offence if he 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—

a an animal or plant to which this section applies, or

b anything from which such an animal or plant can be reproduced or propagated.

3 This section applies to an animal or plant which—

a is within section 14(1) or (2) (animals and plants which must not be released etc. into the wild),

^C42b is of a description prescribed for the purposes of this section by an order made by the Secretary of State, and

c is a live animal or live plant.

4 An order under subsection (3) may be made in relation to a particular area or a particular time of the year.

5 Subsections (3) and (4) of section 14 (defence of due diligence etc.) apply to an offence under this section as they apply to an offence under that section.

14ZB Codes of practice in connection with species which are non-native or included in Schedule 9 ¶

1 The Secretary of State may issue or approve a code of practice relating to—

a animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state,

b animals or plants included in Schedule 9, or

c any description of animals or plants mentioned in paragraph (a) or (b).

2 The Secretary of State may revise or replace a code or approve its revision or replacement.

3 The Secretary of State must ensure that a code is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it.

4 A person's failure to comply with a provision of a code does not make him liable to criminal or civil proceedings.

5 A code—

a is admissible in evidence in any proceedings, and

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

14ZC Prohibition on keeping etc. of invasive animals or plants¶

1 Subject to the provisions of this Part, any person who keeps, has in the person's possession, or has under the person's control—

a any invasive animal of a type which the Scottish Ministers, by order, specify; or

b any invasive plant of a type so specified,

is guilty of an offence.

2 An order under subsection (1) may make different provision for different cases and, in particular, for—

a different types of invasive animal or invasive plant;

b different circumstances or purposes;

c different persons;

d different times of the year; and

e different areas or places.

3 Subject to subsection (4), it is a defence to a charge of committing an offence under subsection (1) to show that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

4 Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged must not, without leave of the court, be entitled to rely on the defence unless, within a period ending 7 days before the hearing, the person has served on the prosecutor a notice giving such information or assisting in the identification of the other person as was then in the person's possession.

5 The Scottish Ministers may, in an order under subsection (1), make provision for or in connection with the compensation of persons who, at the time of the coming into force of the order, may no longer keep, have in their possession or have under their control, an animal or plant.

14A Prohibition on sale etc. of invasive animals or plants¶

1 This section applies to—

a any type of invasive animal; or

b any type of invasive plant,

the Scottish Ministers, by order, specify.

2 Subject to the provisions of this Part, any person who—

a sells, offers or exposes for sale or has in the person’s possession or transports for the purpose of sale any animal or plant to which this section applies; or

b publishes or causes to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell, any such animal or plant,

is guilty of an offence.

3 An order under subsection (1) may make different provision for different cases and, in particular, for—

a different types of invasive animal or invasive plant;

b different circumstances or purposes;

c different persons;

d different times of the year; and

e different areas or places.

14AA Contravention of Invasive Alien Species Regulation¶

1 A person commits an offence under this section if—

a the person contravenes a paragraph of Article 7(1) of the Invasive Alien Species Regulation mentioned in subsection (2) in relation to an invasive alien species, and

b the activity which constitutes that contravention does not constitute an offence under section 14, 14ZC or 14A.

2 The paragraphs referred to in subsection (1)(a) are—

a paragraph (b) (keeping, including in contained holding),

b paragraph (c) (breeding, including in contained holding),

c paragraph (d) (transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication),

d paragraph (e) (placing on the market),

e paragraph (f) (using or exchanging),

f paragraph (g) (permitting to reproduce, growing or cultivating, including in contained holding),

g paragraph (h) (releasing into the environment).

3 Subject to subsection (4), it is a defence to a charge of committing an offence under this section to show that the person took all reasonable steps and exercised all due diligence to avoid committing the offence.

4 Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged must not, without leave of the court, be entitled to rely on the defence unless, within the period of 7 days before the hearing, the person has served on the prosecutor a notice giving such information or assisting in the identification of the other person as was then in the person’s possession.

5 Schedule 9B contains provision about defences to a charge of committing an offence under—

a this section, or

b section 14ZC or 14A, where the activity to which the charge relates contravenes Article 7(1) of the Invasive Alien Species Regulation.

6 In this section and section 14AB—

“Invasive Alien Species Regulation” means Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species,
“invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Scottish list of species of special concern.
“the Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.

14ABContravention of emergency measures

1 Section (2) applies where regulations made under Article 10 of the Invasive Alien Species Regulation (emergency measures) provide that a restriction set out in one of the following paragraphs of Article 7(1) of that Regulation applies to a species specified in those regulations as it applies to an invasive alien species—

a paragraph (b) (keeping, including in contained holding),

b paragraph (c) (breeding, including in contained holding),

c paragraph (d) (transporting to, from or within Scotland, except for the transportation of species to facilities in the context of eradication),

d paragraph (e) (placing on the market),

e paragraph (f) (using or exchanging),

f paragraph (g) (permitting to reproduce, growing or cultivating, including in contained holding),

g paragraph (h) (releasing into the environment).

2 A person commits an offence under this section if—

a the person contravenes a paragraph of Article 7(1) of the Invasive Alien Species Regulation in relation to a species specified in regulations made under Article 10 of the Invasive Alien Species Regulation (emergency measures), and

b the activity which constitutes that contravention does not constitute an offence under section 14, 14ZC or 14A.

3 Subsections (3) to (5) of section 14AA apply in relation to any contravention of the restriction in relation to a species mentioned in subsection (2)(a) as they apply in relation to a contravention of the corresponding restriction in relation to an invasive alien species.

14B Notification of presence of invasive animals or plants etc.¶

1 The Scottish Ministers may, by order, make provision about the notification of the presence of—

a invasive animals; or

b invasive plants,

at any specified place outwith their native range where persons are, or become, aware of the presence of such animals or plants.

2 An order under subsection (1) may make provision for, or in connection with—

a the persons (or types of persons) who must make a notification;

b the circumstances in which a notification must be made;

c the times of the year when a notification must be made;

d the persons to whom a notification must be made;

e the form and method of any notification; and

f the period within which any notification must be made.

3 An order under subsection (1) may require a person (or type of person) to make a notification only if the Scottish Ministers consider that the person (or that type of person) has or should have knowledge of, or is likely to encounter, the invasive animal or invasive plant to which the order relates.

4 An order under subsection (1) may make different provision for different cases and, in particular, for—

a different types of invasive animal or invasive plant;

b different circumstances or purposes;

c different persons;

d different times of the year; and

e different areas or places.

5 A person who, without reasonable excuse, fails to make a notification in accordance with the requirements of an order made under subsection (1) is guilty of an offence.

14C Non-native species etc.: code of practice¶

1 The Scottish Ministers may make a code of practice for the purpose of providing practical guidance in respect of—

a the application of any of sections 14, 14ZC, 14A , 14AA and 14B;

b the application of any order made under any of those sections;

c species control agreements;

d species control orders;

e licences granted under section 16(4)(c).

2 A code of practice may, in particular, provide guidance on—

a how Scottish Natural Heritage, the Scottish Environment Protection Agency ^F827... and the Scottish Ministers should co-ordinate the way in which they exercise their respective functions in relation to animals or plants which are outwith their native range;

b which species, sub-species, varieties or races of animal or plant, or hybrids of animals or plants, are considered to be particular types of animals or plants for the purposes of—

i this section;

ia best practice for—

i keeping invasive alien species in contained holding,

ii measures to ensure such species cannot reproduce or escape,

ib the circumstances in which an animal which belongs to an invasive alien species is considered to be a companion animal,

ii section 14, 14ZC, 14A or 14B;

iii any order made under any of those sections;

iv species control agreements;

v species control orders;

vi the code;

ba which species, sub-species or lower taxons of animal, plant, fungus or micro-organism are considered to be invasive alien species,

c the native range of any type of animal or plant;

d the circumstances in which any type of animal is considered to be—

i in captivity; or

ii under the control or otherwise of a person at a place outwith its native range;

e the circumstances in which a type of plant is considered to be growing in the wild outwith its native range, and conduct that would cause any type of plant to grow in the wild;

f the circumstances in which a type of invasive animal or plant is considered to be kept in a person's possession or under a person's control;

g which types of animals or plants are invasive and the circumstances (if any) in which any such type of animal or plant is not considered to be invasive;

h best practice (where permitted) for—

i keeping animals of any type which are invasive or which are kept at a place from which they may not be put outwith the control of any person;

ii keeping plants of any type which are invasive or which are kept at a place outwith their native range;

iii releasing animals of any type from captivity; and

iv planting, or otherwise causing to grow, any type of plant in the wild;

i best practice for—

i containing, capturing or killing animals of any type which are outwith the control of any person and which are—

A at a place outwith their native range; or

B animals of a type specified in an order made under section 14(1)(a)(ii);

ii containing, uprooting or destroying plants of any type which are growing in the wild outwith their native range; and

iii transferring animals or plants of any type which are not permitted to be kept by virtue of section 14ZC into the custody of Scottish Natural Heritage or any other person (and for keeping such animals or plants prior to the transfer);

j the making and content of species control agreements;

k the making, content of and enforcement of species control orders.

3 The Scottish Ministers may revoke, replace or revise a code of practice.

4 The first code of practice, and any replacement code of practice, made under this section—

a requires to be laid before, and approved by resolution of, the Scottish Parliament; and

b comes into effect on such date after approval under paragraph (a) as is specified in the code.

5 Any revision to a code of practice (or revocation of a code of practice which is not being replaced) must—

a be laid before the Scottish Parliament; and

b specify the date on which it is to come into effect (such date to be at least 40 days after it is so laid, disregarding any period during which the Parliament is dissolved or in recess).

6 The Scottish Parliament may, before any such revision or revocation comes into effect, resolve that it is not to come into effect.

7 The Scottish Ministers must publish a code of practice (or any replacement or revision) made under this section no later than the day before the code (or replacement or revision) is to come into effect.

8 Before making, revoking, replacing or revising a code of practice, the Scottish Ministers must consult—

a Scottish Natural Heritage; and

b any other person appearing to them to have an interest in the code.

9 A person's failure to comply with a provision of a code of practice—

a does not of itself render the person liable to proceedings of any sort; but

b may be taken into account in determining any question in any such proceedings.

10 In any proceedings for an offence under section 14, 14ZC, 14A, 14AA, 14B or 14K—

a failure to comply with a relevant provision of a code of practice may be relied upon as tending to establish liability;

b compliance with a relevant provision of a code of practice may be relied upon as tending to negative liability.

11 In subsection (2)—

“contained holding” means closed facilities from which escape or spread is not possible,
“invasive alien species” has the same meaning as in section 14AA.

14D Power to make species control orders¶

1 A relevant body may make an order (a “species control order”) in respect of premises where—

a it is satisfied of the presence on the premises of—

i an invasive animal at a place outwith its native range; or

ii an invasive plant at a place outwith its native range; and

b any of subsections (2) to (4) applies.

2 This subsection applies where—

a the relevant body has offered to enter into an agreement with the owner or, as the case may be, occupier of the premises to control or eradicate—

i invasive animals outwith their native range; or

ii invasive plants outwith their native range,

on the premises (referred to in this section as a “species control agreement”);

b 42 days have elapsed since the date of the offer; and

c the owner or occupier has refused or otherwise failed to enter into the agreement.

3 This subsection applies where—

a a person has entered into a species control agreement with the relevant body; and

b the person has failed to comply with the terms of the agreement.

4 This subsection applies where the relevant body has failed to ascertain the name or address of any owner or occupier of the premises (having made reasonable efforts to do so) and accordingly has not been able to offer to enter into a species control agreement.

5 Subsection (4) does not apply unless—

a the relevant body has given notice in accordance with subsection (6) stating that it wishes to offer to enter into a species control agreement;

b 48 hours have passed since the notice was given; and

c no owner or occupier of the premises has identified themselves to the relevant body.

6 A notice under this subsection must be addressed to “The owners and any occupiers” of the premises (describing it) and a copy of it must be affixed to some conspicuous object on the premises (in so doing the relevant body is to be treated as having provided notice to each owner or occupier whose name and address is unknown).

14E Emergency species control orders¶

1 Where a relevant body considers that the making of a species control order is urgently necessary, the relevant body may, despite section 14D(1)(b), make a species control order whether or not any of subsections (2) to (4) of section 14D apply (such an order is referred to in this Part as an “emergency species control order”).

2 An emergency species control order expires 49 days after it is made.

14F Content of species control orders¶

1 A species control order must—

a describe the premises to which it relates;

b be accompanied by a map on which the premises to which it relates are delineated;

c specify the type of invasive animal or plant in question;

d specify—

i any operations which are to be carried out on the premises for the purpose of controlling or eradicating the type of invasive animal or plant in question;

ii the person who is to carry out the operations; and

iii how and when the operations are to be carried out;

e specify any operations which must not be carried out on the premises (referred to in this Part as “excluded operations”);

f specify the date on which the order is to come into effect and the period for which it is to have effect; and

g set out the circumstances in which an appeal may be made under section 14H against either the decision to make the order or the terms of the order.

2 A species control order—

a may provide for the making of payments by the relevant body making the order;

b other than an emergency species control order, may provide for the making of payments by the owner or occupier of the premises to which the order relates,

to any person in respect of reasonable costs incurred by a person carrying out an operation under the order.

14G Notice of species control orders¶

1 A relevant body making a species control order must give notice of the making of the order—

a to the owner and any occupier of the premises to which the order relates; and

b where the relevant body is a body other than the Scottish Ministers, to the Scottish Ministers.

2 Notice must—

a be in writing;

b specify the relevant body's reasons for making the order;

c attach a copy of the order; and

d where the order is an emergency species control order, state that fact.

14H Appeals in connection with species control orders¶

1 Any owner or occupier of premises to which a species control order relates may appeal to the sheriff if aggrieved by—

a a decision of a relevant body to make the species control order; or

b the terms of such an order.

2 An appeal under subsection (1) must be lodged not later than 28 days after the date on which the relevant body gave notice to the appellant of the decision being appealed.

3 The sheriff may suspend any effect of an emergency species control order pending the determination of an appeal.

4 The sheriff must determine an appeal under subsection (1) on the merits rather than by way of review and may do so by—

a affirming the order in question;

b directing the relevant body to amend the order in such manner as the sheriff may specify;

c directing the relevant body to revoke the order; or

d making such other order as the sheriff thinks fit.

5 A decision of the sheriff on appeal is final except on a point of law.

14I Coming into effect of species control orders¶

Unless a species control order specifies a later date under section 14F(1)(f), such an order has effect from—

a in the case where an order is an emergency species control order, the giving of notice in accordance with section 14G;

b in any other case—

i the expiry of the time limit for appealing against the decision to make the order; or

ii where such an appeal is made, its withdrawal or final determination.

14J Review of species control orders¶

1 A relevant body which has made a species control order may, when it thinks fit, review the order prior to its expiry for the purposes of determining whether it should make an order revoking the order.

2 If, on completion of a review, the relevant body decides that the species control order should be revoked, it may make an order to that effect.

3 The making of an order to revoke a species control order does not prevent a relevant body subsequently making a species control order in relation to the same premises.

14K Offences in relation to species control orders¶

1 Any person who, without reasonable excuse, fails to carry out, in the manner required by a species control order, an operation which the person is required by the order to carry out is guilty of an offence.

2 Any person who intentionally obstructs any person from carrying out an operation required to be carried out under a species control order is guilty of an offence.

3 Any person who, without reasonable excuse, carries out, or causes or permits to be carried out, any excluded operation is guilty of an offence.

14L Enforcement of operations under species control orders¶

1 This section applies where a relevant body considers—

a that any operation required to be carried out by a species control order it has made has not been carried out within the period or by the date specified in it; or

b that any such operation has been carried out otherwise than in the manner required under the order.

2 The relevant body—

a may carry out the operation, or such further work as is necessary to ensure that it is carried out, in the manner required under the order;

b is not required to make any payment (and may recover any payments made) in pursuance of the species control order in relation to the operation in question; and

c may recover from the person whom the species control order required to carry out the operation any expenses reasonably incurred by it in doing so (less any payment which the relevant body is required to make in relation to the carrying out of the operation under the order by virtue of section 14F(2)(a)).

14M Species control orders: powers of entry¶

1 A person authorised in writing by a relevant body may enter any premises for any of the following purposes—

a to determine whether or not to offer to enter into a species control agreement with the owner or, as the case may be, occupier of the premises;

b to determine whether or not to make or revoke a species control order;

c to serve notice to an owner or occupier of premises in accordance with section 14D(5)(a) or 14G;

d to ascertain whether an offence under section 14K is being, or has been, committed in relation to an order made by the relevant body;

e to carry out an operation or other work in pursuance of section 14L(2)(a).

2 A person so authorised to enter premises may not demand admission as of right to any land which is occupied unless—

a the entry is for a purpose mentioned in subsection (1)(a) or (b) and at least 24 hours' notice of the intended entry has been given;

b the entry is for a purpose mentioned in subsection (1)(c) or (d); or

c the entry is for a purpose mentioned in subsection (1)(e) and at least 14 days' notice of the intended entry has been given.

3 Subsection (2) does not apply in relation to entry in connection with an emergency species control order.

4 Nothing in this section authorises any person to break any lock barring access to premises which the person is authorised to enter.

14N Species control orders: entry by warrant etc.¶

1 If a sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for a person authorised by a relevant body to enter premises for a purpose mentioned in section 14M(1) and that—

a admission to the premises has been refused;

b such refusal is reasonably apprehended;

c the premises are unoccupied;

d the occupier is temporarily absent from the premises;

e the giving of notice under section 14M(2) would defeat the object of the proposed entry; or

f the situation is one of urgency,

the sheriff or justice may grant a warrant authorising the person to enter premises (including lockfast places), if necessary using reasonable force.

2 In the cases of a warrant under subsection (1)(a) to (d), a sheriff or justice must not grant a warrant unless satisfied that notice of the intended entry has been given in the manner described in section 14M.

3 A warrant under this section—

a may be executed without notice; and

b 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.

4 Any person authorised by a warrant to enter any premises must, if required to do so by the owner or occupier or anyone acting on the owner or occupier's behalf, show that person the warrant.

5 Any person authorised by a warrant to use reasonable force—

a must be accompanied by a constable when doing so; and

b may not use force against an individual.

14O Species control orders: powers of entry: supplemental¶

1 Any person who exercises a power of entry to premises in accordance with section 14M or 14N may—

a be accompanied by any other person; and

b take any machinery, other equipment or materials on to the premises,

for the purpose of assisting the person in the exercise of that power.

2 A power specified in subsection (1) which is exercisable under a warrant is subject to the terms of the warrant.

3 Any person leaving any premises which have been entered in exercise of a power conferred by section 14M or a warrant granted under section 14N, being either unoccupied premises or premises from which the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as the person found the premises.

4 A relevant body must compensate any person who has sustained damage by reason of—

a the exercise by a person authorised by the relevant body of any powers of entry conferred on the person by section 14M or a warrant granted under section 14N; or

b the failure of a person so authorised to perform the duty imposed by subsection (3),

unless the damage is attributable to the fault of the person who sustained it.

5 Any dispute as to a person's entitlement to compensation, or to the amount of such compensation, is to be determined by arbitration.

14P Interpretation of sections 14 to 14O¶

1 This section applies to sections 14 to 14O only.

2 Any reference to the native range of an animal or plant, or a type of animal or plant, is a reference to the locality to which the animal or plant of that type is indigenous, and does not refer to any locality to which that type of animal or plant has been imported (whether intentionally or otherwise) by any person.

3 The native range of a hybrid animal or plant is any locality within the native range of both parents of the hybrid animal or plant.

4 Any reference to an invasive animal or invasive plant, or type of such an animal or plant, is a reference to an animal or plant of a type which if not under the control of any person, would be likely to have a significant adverse impact on—

a biodiversity;

b other environmental interests; or

c social or economic interests.

5 Any reference to premises—

a includes reference to land (including lockfast places and other buildings), movable structures, vehicles, vessels, aircraft and other means of transport; but

b does not include reference to dwellings.

6 Any reference to a relevant body is a reference to—

a the Scottish Ministers;

b Scottish Natural Heritage;

c the Scottish Environment Protection Agency; ^F828...

^F828d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Any reference to an animal includes a reference to ova, semen and milt of the animal.

8 “Plant” includes fungi and any reference to a plant includes a reference to—

a bulbs, corms and rhizomes of the plant; and

b notwithstanding section 27(3ZA), seeds and spores of the plant.

15 Endangered species (import and export).¶

^X11 The ^M11Endangered Species (Import and Export) Act 1976 shall have effect subject to the amendments provided for in Schedule 10 ; and in that Schedule “the 1976 Act” means that Act.

2 The functions of the GB conservation bodies shall include power to advise or assist—

a any constable;

b any officer commissioned or other person appointed or authorised by the Commissioners of Customs and Excise to exercise any function conferred on the Commissioners by the said Act of 1976; or

c any person duly authorised by the Secretary of State under section 7(3) of that Act,

in, or in connection with, the enforcement of that Act or any order made under it.

15A Possession of pesticides¶

1 Any person who is in possession of any pesticide containing one or more prescribed active ingredient shall be guilty of an offence.

2 A person shall not be guilty of an offence under subsection (1) if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with—

a any regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), ^F870...

aa Regulation (EC) 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market, as amended, extended or applied from time to time,

b Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products, as amended, extended or applied from time to time.

2A Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by subsection (1) shall be guilty of an offence.

3 In this section—

“pesticide” has the meaning given in the Food and Environment Protection Act 1985 (c. 48), and
“prescribed active ingredient” means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers.

Supplemental¶

^C7^E24^C4016 Power to grant licences.¶

1 Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—

a for scientific, research or educational purposes;

b for the purpose of ringing or marking, or examining any ring or mark on, wild birds;

c for the purpose of conserving wild birds;

ca for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

cb for the purpose of conserving flora or fauna;

d for the purpose of protecting any collection of wild birds;

e for the purposes of falconry or aviculture;

f for the purposes of any public exhibition or competition;

g for the purposes of taxidermy;

h for the purpose of photography;

i for the purposes of preserving public health or public or air safety;

j for the purpose of preventing the spread of disease; or

k for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber , fisheries or inland waters,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

1A The appropriate authority—

a shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and

b shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.

2 Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—

a a gannet on the island of Sula Sgeir; or

b a gull’s egg or, at any time before 15th April in any year, a lapwing’s egg,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

3 Sections 9(1), (2) , (4) and (4A), 11(1) (a), (b), (be), (c) and (d), and (2) and 13(1) do not apply to anything done—

a for scientific or educational purposes;

b for the purpose of ringing or marking, or examining any ring or mark on, wild animals;

c for the purpose of conserving wild animals or wild plants or introducing them to particular areas;

d for the purpose of protecting any zoological or botanical collection;

e for the purpose of photography;

f for the purpose of preserving public health or public safety;

g for the purpose of preventing the spread of disease; or

h for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries, ^F910... or

j in England, for reasons of overriding public interest,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

3ZZA Subsection (3)(c), so far as relating to section 11(2) in its application to mustela erminea (stoat, otherwise known as ermine), is to be read as if the reference to wild animals included wild birds.

3ZA A licence granted under subsection (3) may permit the use , otherwise than in Wales, of a trap or snare , or, in Wales, of a trap other than a glue trap, for the purpose of killing, taking or restraining a wild animal included in Schedule 6ZA only if the trap or snare—

a meets the conditions relating to certification (see subsections (3ZB) to (3ZF)); or

b meets the approved design conditions (see subsections (3ZG to (3ZI)).

This subsection is subject to (3ZJ).

3ZB For the purposes of subsection (3ZA)(a) the conditions relating to certification are that—

a the trap or snare is of a certified type and make;

b the manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; and

c where it is manufactured on or after 28th March 2019, the trap or snare is identified by its manufacturer by means of a permanent marking as being of a certified type and make.

3ZC For the purposes of subsection (3ZB)(b), instructions provided by the supplier of a trap or snare with the authorisation of the manufacturer of that trap or snare are to be treated as provided by the manufacturer.

3ZD For the purposes of this section, a type and make of trap or snare is “certified” in relation to a wild animal included in Schedule 6ZA if it is certified by or on behalf of any of the following authorities as conforming (where the trap or snare is set in accordance with any instructions provided by the manufacturer) to the standards set out in the international trapping standards agreement in relation to the trapping of that animal—

a the Secretary of State;

b the Welsh Ministers;

c the Scottish Ministers;

d in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

e an authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority.

3ZE The relevant authority shall—

a publish in such manner as it considers appropriate a list of all traps and snares of a certified type and make of which it is aware; and

b make the list available to anyone who asks for it in in writing.

3ZF For the purposes of subsection (3ZE), “the relevant authority” means—

a in relation to England, the Secretary of State;

b in relation to Wales, the Welsh Ministers;

c in relation to Scotland, the Scottish Ministers.

3ZG For the purposes of subsection (3ZA)(b) a trap or snare meets the approved design conditions if it—

a has been constructed by the person using it; and

b complies with a design approved for this purpose by or on behalf of the Secretary of State (where it is used in England or Scotland) or the Welsh Ministers (where it is a trap other than a glue trap, and it is used in Wales).

3ZH The relevant authority must—

a publish in such manner as it considers appropriate details of the design of a trap or snare approved in accordance with subsection (3ZG)(b); and

b make the details available to anyone who asks for them in writing.

3ZI In subsection (3ZH), “the relevant authority” means—

a the Secretary of State, for designs of traps or snares approved for use in England;

b the Welsh Ministers, for designs of traps (other than glue traps) approved for use in Wales;

c the Scottish Ministers, for designs of traps or snares approved for use in Scotland.

3ZJ Subsection (3ZA) does not apply where the licence—

a is granted in accordance with any of paragraphs (a) to (d) or paragraphs (f) to (h) of subsection (3) and is subject to such conditions as the appropriate authority considers appropriate when granting the licence;

b does not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; and

c is accompanied by a written explanation of the reasons for that opinion and for the grant of the licence.

3ZK In this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation.

3B In England, the appropriate authority shall not grant a licence under subsection (3) unless it is satisfied—

a that there is no other satisfactory solution, and

b that the grant of the licence is not detrimental to the survival of any population of the species of animal or plant to which the licence relates.

4 The following provisions, namely—

a section 6(1) and (2);

b sections 9(5) and 13(2); and

c sections 14 and 14ZA,

do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.

5 Subject to subsections (5A) and (6), a licence under the foregoing provisions of this section—

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

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

c may be subject to compliance with any specified conditions;

d may be modified or revoked at any time by the appropriate authority; and

e subject to paragraph (d), shall be valid for the period stated in the licence;

and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.

5A A licence under subsection (1) which authorises any action in respect of wild birds—

a shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;

b shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and

c subject to subsection (5)(d), shall be valid for the period, not exceeding two years, or in the case of a licence granted by Natural England five years, stated in the licence.

6 A licence under subsection (2) or (3) which authorises any person to kill wild birds or wild animals—

a shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and

b subject to subsection (5)(d), shall be valid for the period, not exceeding two years, or in the case of a licence granted by Natural England five years, stated in the licence.

6A The maximum period for the validity of a licence set out in subsection (6)(b) does not apply to—

a a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, or

b a licence that, by virtue of paragraph 5 of Schedule 3 to that Act, is treated as having been granted to a developer under subsection (3).

7 It shall be a defence in proceedings for an offence under section 8(b) of the ^M12Protection of Animals Act 1911 or section 7(b) of the ^M13Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—

a the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and

b any conditions specified in the licence were complied with.

8 For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.

8ZA In this section, in the case of a licence granted to Natural England under subsection (3) to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, “the appropriate authority” means the Secretary of State.

8A In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “the appropriate authority” means the Marine Management Organisation , but this is subject to subsection (8ZA).

8C In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to Wales, “the appropriate authority” means the Natural Resources Body for Wales.

9 Except as provided by subsections (8ZA), (8A) and (8C), In this section “the appropriate authority” means—

a in the case of a licence under any of paragraphs (a) to (cb) of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the relevant conservation body;

b in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid;

c in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) or (j) of subsection (3), the relevant conservation body;

d in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and

e in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.

9A In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Wild Birds Directive.

10 The agriculture Minister—

a shall from time to time consult with each of the GB conservation bodies as to the exercise in the area of that body of his functions under this section; and

b shall not grant a licence of any description unless he has been advised by the relevant conservation body as to the circumstances in which, in their opinion, licences of that description should be granted.

11 For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the conservation body for the area in which it is proposed to carry on the activity requiring a licence.

12 In this section—

a “the restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark;

b “the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009.

c “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

16AA Licensing: land on which certain birds may be killed or taken¶

1 The relevant authority may, on the application of an owner or occupier of an area of land, grant a licence for the purposes of permitting the killing or taking of any type of bird included in Part 1B of Schedule 2 on the land (a “section 16AA licence”), if it is satisfied that it is appropriate to do so.

2 In determining whether it is appropriate to grant a section 16AA licence the relevant authority must have regard in particular to the applicant’s compliance with a code of practice made in accordance with section 16AC.

3 Where the relevant authority refuses to grant a licence to an applicant, the relevant authority must give written notice to the applicant of the reasons for doing so.

4 An application for a section 16AA licence must—

a be made to the relevant authority,

b be made in such manner and form as the relevant authority may require,

c specify the area of land to which the licence is to relate,

d contain or be accompanied by such information as the relevant authority may require, and

e be accompanied by payment of such reasonable fee as the relevant authority may require.

5 The relevant authority must publicise any requirements which are for the time being set under subsection (4)(b) to (e).

6 A section 16AA licence—

a must—

i specify the person to whom the licence is granted (“the licence holder”),

ii identify the area of land, by reference to a map, to which the licence relates,

iii specify any reasonable conditions the relevant authority considers appropriate to attach to the licence, and

b may be granted or renewed for a period not exceeding 5 years.

7 Every section 16AA licence is subject to the condition that the licence holder must have regard to a code of practice made in accordance with section 16AC.

8 Conditions which may be specified under subsection (6)(a)(iii) include, in particular, conditions drawn from a code of practice made in accordance with section 16AC.

9 The relevant authority may—

a modify a section 16AA licence at any time,

b suspend or revoke a section 16AA licence if—

i the licence holder—

A fails to comply with any conditions attached to the licence, or

B ceases to be in a position to ensure compliance with the conditions,

ii the relevant authority is satisfied that the licence holder or a person involved in managing the land to which the licence relates—

A has committed a relevant offence on the land, or

B has knowingly caused or permitted another person to do so.

10 Where the relevant authority has modified, suspended or revoked a person’s section 16AA licence—

a the relevant authority must give written notice to the person of the modification, suspension or revocation and specify in the notice the reason for the modification, suspension or revocation, and

b the modification, suspension or revocation may not take effect until the end of—

i the period of 14 days beginning with the day on which the notice is given, or

ii such other period as the relevant authority considers appropriate and specifies in the notice.

11 A licence holder whose section 16AA licence is suspended is to be treated as not having a section 16AA licence for the duration of the suspension.

12 A court which convicts a person of a relevant offence must notify the Scottish Ministers (or Scottish Natural Heritage if the functions under this section have been delegated to that body) of the conviction.

13 In this section—

“relevant authority” means—
1. the Scottish Ministers, or
2. where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to section 16AA licences, Scottish Natural Heritage,
“relevant offence” means an offence under—
1. Part 1 of this Act,
2. the Protection of Badgers Act 1992,
3. Part 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716),
4. section 1 of the Wild Mammals (Protection) Act 1996,
5. section 19 of the Animal Health and Welfare (Scotland) Act 2006,
6. the Hunting with Dogs (Scotland) Act 2023.

14 The Scottish Ministers may by regulations modify the definition of “relevant offence” in subsection (13).

16AB Appeals relating to section 16AA licences¶

1 A person may appeal to the appropriate sheriff against a decision of the relevant authority to—

a refuse to grant to the person a section 16AA licence,

b attach a condition to the person’s section 16AA licence,

c modify, suspend or revoke the person’s section 16AA licence.

2 An appeal under this section must be made within the period of 21 days beginning with the day on which notice of the decision being appealed against was given.

3 An appeal under this section is to be determined on the merits rather than by way of review.

4 The sheriff hearing the appeal may consider any evidence or other matter, whether or not it was available at the time the relevant authority made the decision being appealed against.

5 Where a summary sheriff is hearing an appeal, the summary sheriff is to have the same power to make an interim order under section 88(1) of the Courts Reform (Scotland) Act 2014 as a sheriff hearing the appeal would have.

6 On determining the appeal, the sheriff may—

a dismiss the appeal, or

b give the relevant authority such direction as the sheriff considers appropriate in respect of the decision that is the subject of the appeal.

7 The determination of the sheriff may be appealed against only on a point of law.

8 In this section—

“appropriate sheriff” means—
1. in a case where the appellant resides in Scotland, a sheriff or summary sheriff of the sheriffdom in which the appellant resides, or
2. in a case where the appellant resides outwith Scotland, a sheriff or summary sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh,
“relevant authority” means—
1. the Scottish Ministers, or
2. where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to licences, Scottish Natural Heritage,
“section 16AA licence” is to be construed in accordance with section 16AA(1).

16AC Section 16AA Licence: code of practice¶

1 The Scottish Ministers must prepare a code of practice for the purpose of providing guidance about managing land to which a section 16AA licence relates.

2 A code of practice may, in particular, provide guidance on—

a how land should be managed to reduce disturbance of and harm to any wild animal, wild bird and wild plant (including the use of medicated grit for such purposes),

b how the taking or killing of any wild birds should be carried out,

c how predators should be controlled.

3 The Scottish Ministers must review the current code of practice by the end of every review period.

4 Following a review, the Scottish Ministers may revise the current code of practice.

5 Before making, reviewing or revising a code of practice the Scottish Ministers must consult—

a Scottish Natural Heritage,

b such other persons as they consider likely to be interested in or affected by the management of land to which a section 16AA licence relates.

6 Subsection (5)(a) does not apply during any period for which the functions under this section are delegated to Scottish Natural Heritage under section 16AD.

7 As soon as practicable after the latest version of the code of practice is made, it must be made publicly available.

8 In this section, “review period” means—

a in relation to the first review, the period of 5 years starting on the day on which subsection (1) is complied with, and

b each subsequent period of 5 years.

16AD Section 16AA Licence: delegation of power in relation to code of practice¶

1 The Scottish Ministers may delegate the preparation, publication, review and revision of the code of practice under section 16AC to Scottish Natural Heritage.

2 Any delegation must be made by written direction.

3 The Scottish Ministers may modify or revoke a direction.

16AE Report on operation and effect of section 16AA licences¶

1 The Scottish Ministers must, for each reporting period, prepare a report on the operation and effect of section 16AA licences.

2 The report must include an assessment of the conservation status, including population size and range, of the following species—

a golden eagle (aquila chrysaetos),

b hen harrier (circus cyaneus),

c peregrine falcon (falco peregrinus),

d merlin (falco columbarius).

3 The report may include—

a the number of licences issued under section 16AA and the area of land affected,

b the number of licences that have been, or are, subject to suspension or revocation, the duration of those suspensions or revocations, and the reasons for those suspensions or revocations,

c the number and outcomes of any appeals undertaken under section 16AB, and

d such other matters as the Scottish Ministers consider appropriate.

4 As soon as practicable after each reporting period, the Scottish Ministers must lay the report before the Scottish Parliament.

5 The Scottish Ministers may by regulations amend subsection (2) to add or remove species of birds.

6 In this section, “reporting period” means—

a in relation to the first report, the period of 5 years beginning on the day on which section 16AA comes into force, and

b in relation to each subsequent report, the period of 5 years beginning on the day after the expiry of the previous reporting period.

16AF Report on operation and effect of section 16AA licences: delegation¶

1 The Scottish Ministers may delegate the preparation and publication of the report under section 16AE to Scottish Natural Heritage.

2 Any delegation must be made by written direction.

3 The Scottish Ministers may modify or revoke a direction.

16A Delegation of licence-granting power: Scotland¶

1 The Scottish Ministers may delegate their functions in relation to licences under section 16 to—

a Scottish Natural Heritage; or

b a local authority.

1B The Scottish Ministers may delegate their functions in relation to licences under section 16AA (other than the function in section 16AA(14)) to Scottish Natural Heritage.

2 But a function may be delegated to a local authority only in so far as it relates to—

a the development of land within the meaning of section 26(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8); or

b the demolition of buildings within the meaning of section 55 of the Building (Scotland) Act 2003 (asp 8).

3 A delegation under subsection (1) may be, to any degree, general or specific and may in particular relate to—

a a particular type of bird, other animal or plant;

b a particular licence or type of licence;

c a particular area.

4 Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type that were granted before the delegation.

5 A delegation to—

a Scottish Natural Heritage under subsection (1)(a) is to be made by written direction;

aa Scottish Natural Heritage under subsection (1B) is to be made by written direction,

b a local authority under subsection (1)(b) is to be made by order.

5A A direction under subsection (5)(aa) may include provision allowing Scottish Natural Heritage to modify or revoke licences that were granted before the direction.

6 A local authority which is delegated a function under subsection (1)(b) must, before granting or modifying a licence, consult Scottish Natural Heritage.

7 The Scottish Ministers may modify or revoke a direction under subsection (5)(a) or (5)(aa).

8 Where a direction or order under subsection (5) is revoked, any existing licence granted under the direction or order continues to have effect (unless the revoking direction or order provides otherwise).

17 False statements made for obtaining registration , identification number or licence etc. False statements made for obtaining registration or licence etc.¶

A person who, for the purposes of obtaining, whether for himself or another, a registration in accordance with regulations made under section 6(2) or 7(1) , an identification number under section 11A(4) or the grant of a licence under section 16 or 16AA—

a makes a statement or representation, or furnishes a document or information, which he knows to be false in a material particular; or

b recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular,

shall be guilty of an offence.

18 Attempts to commit offences etc.¶

1 Any person who attempts to commit an offence under the foregoing provisions of this Part shall be guilty of an offence and shall be punishable in like manner as for the said offence.

2 Any person who for the purposes of committing an offence under the foregoing provisions of this Part, has in his possession anything capable of being used for committing the offence shall be guilty of an offence and shall be punishable in like manner as for the said offence.

^E58^C918A Wildlife inspectors¶

1 In this Part, “wildlife inspector” means a person authorised in writing under this section by—

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

b the National Assembly for Wales (in relation to Wales).

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

3 A wildlife inspector must, if required to do so, produce evidence of his authority before entering any premises under section 18B or 18D.

4 A wildlife inspector entering premises under either of those sections 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 section 18C or 18E.

^C10^E6018B Group 1 offences and licences: power to enter premises¶

1 A wildlife inspector may, at any reasonable time, enter and inspect any premises—

a for the purpose of ascertaining whether a Group 1 offence is being or has been committed;

b for the purpose of—

i verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 1 licence, or

ii ascertaining whether any condition to which a Group 1 licence was subject has been complied with.

2 In this Part—

“Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and
“Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.

3 Nothing in this section confers power to enter a dwelling.

^C1118C Group 1 offences and licences: examining specimens and taking samples¶

1 The powers conferred by this section are exercisable where a wildlife inspector has entered any premises for a purpose mentioned in section 18B(1)(a) or (b).

2 The inspector, or a veterinary surgeon accompanying him, may—

a for any such purpose, examine any specimen, and

b subject to subsection (5) and section 18F, take a sample from it.

3 “Specimen” means—

a any bird, other animal or plant, or

b any part of, or anything derived from, a bird, other animal or plant.

4 “Sample” means a sample of blood, tissue or other biological material.

5 No sample may be taken under subsection (2) from a live bird, other animal or plant except for the purpose of establishing its identity or ancestry.

6 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 subsection (2)(a), or

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

7 The inspector may take and remove from the premises a specimen which is not a live bird, other animal or plant, if there are reasonable grounds for believing that it is evidence of a Group 1 offence.

18D Group 2 offences and licences etc. : power to enter premises ¶

1 A wildlife inspector may, at any reasonable time, enter and inspect any premises—

a for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;

b where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

c for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises;

d for the purpose of—

i verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 2 licence or a relevant registration, or

ii ascertaining whether any condition to which a Group 2 licence was subject has been complied with.

2 In this Part—

“Group 2 offence” means an offence under section 6, 7, 9(5), 13(2) or 14,
“Group 2 licence” means a licence authorising anything which would otherwise be a Group 2 offence, and
“relevant registration” means a registration in accordance with regulations under section 7(1).

3 In subsection (1)—

a paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—

i a Group 2 licence or a relevant registration held by an occupier of the dwelling, or

ii an application by an occupier of the dwelling for a Group 2 licence or a relevant registration, and

b paragraph (c) does not confer any power to enter a dwelling.

18E Group 2 offences: examining specimens and taking samples¶

1 A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector or a veterinary surgeon.

2 A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed, require the taking of a sample from a specimen found by him in the exercise of powers conferred by section 18D in order to determine its identity or ancestry.

3 A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed in respect of any specimen (the relevant specimen), require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—

a is alleged to be, or

b which the wildlife inspector suspects with reasonable cause to be,

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

4 Where, pursuant to a requirement under this section—

a a bird or other animal is to be examined, or

b a sample is to be taken from a bird or other animal,

a person who has the bird or animal in his possession or control must give the person making the examination or taking the sample such assistance as he may reasonably require for that purpose.

5 “Specimen” and “sample” have the same meaning as in section 18C.

6 This section is subject to section 18F.

^C1218F Restrictions on taking of samples from live specimens¶

1 No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird or other animal except by a veterinary surgeon.

2 No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird, other animal or plant unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

^E2719 Enforcement.¶

1 If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, 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 ^F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.

2 If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) or arresting a person, in accordance with section 24 of Police and Criminal Evidence Act 1984, for such an offence, enter any premises other than a dwelling.

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

a any other person, and

b any equipment or materials.

^C133 If a justice of the peace is satisfied by information on oath that there are reasonable grounds for suspecting that an offence under this Part has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable ^F174. . . 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.

9 This section does not apply in relation to offences under Schedule 9A.

19XA Constables' powers in connection with samples¶

1 A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample.

2 A constable who suspects with reasonable cause that an offence under this Part 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 specimen (other than the relevant 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 bird or other animal is to be taken pursuant to a requirement under this section, any person who has possession or control of the specimen must give the person taking the sample such assistance as he may reasonably require for that purpose.

4 “Specimen” and “sample” have the same meaning as in section 18C.

5 This section is subject to section 18F (restrictions on taking samples).

19XB Offences in connection with enforcement powers¶

1 A person is guilty of an offence if he—

a intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), or

b fails without reasonable excuse to give any assistance reasonably required under section 18C(6).

2 A person is guilty of an offence if he—

a intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), or

b fails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), or

c fails without reasonable excuse to give any assistance reasonably required under section 18E(4).

3 A person is guilty of an offence if he—

a fails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), or

b fails without reasonable excuse to give any assistance reasonably required under section 19XA(3).

4 Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence.

19ZA Enforcement: wildlife inspectors.¶

^F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19ZB Power to take samples.¶

^F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C14 19ZC Wildlife inspectors: Scotland¶

1 The Scottish Ministers may authorise any person to carry out the functions conferred by this section and section 19ZD(3), (4) and (8) (and any person so authorised is to be known as a “wildlife inspector”).

2 An authorisation under subsection (1)—

a shall be in writing, and

b is subject to any conditions or limitations specified in it.

3 A wildlife inspector may, at any reasonable time and (if required to do so) upon producing evidence of authorisation, enter and inspect—

a any premises for the purpose of ascertaining whether an offence under section 6, 9(5) , 11I(1) or 13(2) is being, or has been, committed on those premises;

b any premises where the inspector has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

c any premises where the inspector has reasonable cause to believe that any birds are kept, for the purpose of ascertaining whether an offence under section 8(1) is being, or has been, committed on those premises;

d any premises for the purpose of ascertaining whether an offence under section 14 , 14ZC, 14A, 14AA, 14AA, 14B or 14K is being, or has been, committed on those premises;

e any premises for the purpose of —

i verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a relevant registration or licence; or

ii ascertaining whether a condition to which a relevant registration or licence was subject to has been complied with.

4 In subsection (3)—

a paragraphs (a) to (c) do not confer power to enter a dwelling except for purposes connected with—

i a relevant registration or licence held by an occupier of the dwelling; or

ii an application by an occupier of the dwelling for a relevant registration or licence,

b paragraph (d) does not confer power to enter a dwelling.

5 A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 8(1), 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being, or has been, committed in respect of any specimen, require any person who has possession or control of the specimen to make it available for examination by the inspector.

6 Any person who has possession or control of any live bird or other animal shall give any wildlife inspector acting in the exercise of powers conferred by this section such assistance as the inspector may reasonably require for the purpose of examining the bird or other animal.

7 Any person who—

a intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5); or

b fails without reasonable excuse to give any assistance reasonably required under subsection (6),

shall be guilty of an offence.

8 Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence.

9 In this section—

“relevant registration or licence” means—
1. a registration in accordance with regulations under section 7(1); or
2. a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), 11I(1), 13(2), 14, 14ZC , 14A or 14AA;
“specimen” means any bird, other animal , plant, fungus or micro-organism or any part of, or anything derived from, a bird, other animal , plant, fungus or micro-organism.

^C15 19ZD Power to take samples: Scotland¶

1 A constable who suspects with reasonable cause that a specimen found by the constable in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample of blood or tissue in order to determine its origin, identity or ancestry.

2 A constable who suspects with reasonable cause that an offence under this Part 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 of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.

3 A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being or has been committed, require the taking of a sample of blood or tissue from a specimen found by the inspector in the exercise of powers conferred by section 19ZC(3)(a) to (d) in order to determine its origin, identity or ancestry.

4 A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being or has been committed in respect of any specimen (“the relevant specimen”), require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.

5 No sample from a live bird, other animal or plant shall be taken pursuant to a requirement under this section unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

6 No sample from a live bird or other animal shall be taken pursuant to such a requirement except by a veterinary surgeon.

7 Where a sample from a live bird or other animal is to be taken pursuant to such a requirement, any person who has possession or control of the specimen shall give the person taking the sample such assistance as that person may reasonably require for that purpose.

8 A constable entering premises under section 19(2), and any wildlife inspector entering premises under section 19ZC(3), may take with him a veterinary surgeon if the constable or, as the case may be, inspector has reasonable grounds for believing that such a person will be required for the exercise on the premises of powers under subsection (1) or (2) or, as the case may be, (3) or (4).

9 Any person who—

a intentionally obstructs a wildlife inspector acting in the exercise of the power conferred by subsection (3),

b fails without reasonable excuse to make available any specimen in accordance with a requirement under subsection (2) or (4), or

c fails without reasonable excuse to give any assistance reasonably required under subsection (7),

shall be guilty of an offence.

10 In this section—

a “specimen” has the same meaning as in section 19ZC;

b in relation to a specimen which is a part of, or is derived from, a bird, other animal or plant, references to determining its origin, identity or ancestry are to determining the origin, identity or ancestry of the bird, other animal or plant.

c “tissue” means any type of biological material other than blood.

19A Evidence in Scotland in certain proceedings.¶

In any proceedings in Scotland for any of the following offences, the accused may be convicted on the evidence of one witness —

a an offence under section 1(1)(a) in relation to a grouse, partridge, pheasant or ptarmigan included in Part I of Schedule 2;

b an offence under section 1(1)(c);

c an offence under section 6(1) in relation to a grouse, partridge or pheasant included in Part IA of Schedule 3;

d an offence under section 6(2) in relation to a grouse, partridge, pheasant or ptarmigan included in Part IIA of that Schedule;

e an offence under section 10A(1), 11G(1) or 11I(1).

^E2920 Proceedings for summary offences.¶

^F1831 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Proceedings for a summary offence under this Part 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 section more than two years after the commission of the offence.

3 For the purpose of this section 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.

^E3121 Penalties, forfeitures etc.¶

1 Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be 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 A person guilty of an offence under section 14 or 14ZA shall be liable—

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

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

4A ^F621 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C164AA Except in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

^C164B A person guilty of an offence under section 19XB(1)(a) or (2)(a) in relation to a wildlife inspector entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed shall be liable—

a on summary conviction, to a fine not exceeding the statutory maximum;

b on conviction on indictment, to a fine.

^C164C A person guilty of an offence under section 19XB(4) 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;

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

4D ^F622 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Where an offence to which subsection (1) ^F196. . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.

6 The court by which any person is convicted of an offence under this Part—

a shall order the forfeiture of any bird, nest, egg, other 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 and, in the case of an offence under section 14 or 14ZA, any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.

7 Any offence under this Part shall, for the purpose 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.

^E3222 Power to vary Schedules.¶

1 The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of Schedules ZA1 to 4.

2 An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.

3 The Secretary of State may, on a representation made to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act, by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—

a add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and

b remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered

^F200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3A The 2006 Act means the Natural Environment and Rural Communities Act 2006.

4 The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or with respect to particular provisions of this Part or particular times of the year—

a add any animals to, or remove any animals from, Schedule 5 or Schedule 6; and

b add any plants to, or remove any plants from, Schedule 8.

5 The Secretary of State may by order, either generally or with respect to particular areas of Great Britain—

a add any animals to, or remove any animals from, Part I , IA or IB of Schedule 9; and

b add any plants to, or remove any plants from, Part II of that Schedule.

6 The Secretary of State may, for the purpose of complying with the international trapping standards agreement, by order add any animal to, or remove any animal from, Schedule 6ZA.

7 In subsection (6), “the international trapping standards agreement” has the meaning given by section 16(3ZK).

23 Advisory bodies and their functions.¶

1 The Secretary of State may—

a establish any body or bodies, consisting in each case of such members as he may from time to time appoint;

b assign to any body or bodies the duty referred to in subsection (4).

2 Without prejudice to his power under subsection (1), the Secretary of State shall, as soon as practicable after the commencement date,—

a establish at least one body under paragraph (a) of subsection (1); or

b assign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4).

3 A reference in this Part to an advisory body is a reference to a body which is established under subsection (1) or to which the duty there referred to is assigned under that subsection.

4 It shall be the duty of an advisory body to advise the Secretary of State on any question which he may refer to it or on which it considers it should offer its advice—

a in connection with the administration of this Part; or

b otherwise in connection with the protection of birds or other animals or plants.

5 In so far as it does not have power to do so apart from this subsection, an advisory body may publish reports relating to the performance by it of its duty under subsection (4).

6 Before appointing a person to be a member of an advisory body established under subsection (1)(a), the Secretary of State shall consult such persons or bodies as he thinks fit.

7 The Secretary of State may, out of moneys provided by Parliament and to such an extent as may be approved by the Treasury, defray or contribute towards the expenses of an advisory body established under subsection (1)(a).

^E3424 Functions of GB conservation bodies¶

1 The GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act may at any time and shall five years after 30th October 1991 and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—

a any animal should be added to, or removed from, Schedule 5;

b any plant should be added to, or removed from, Schedule 8

^F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1A The 2006 Act means the Natural Environment and Rural Communities Act 2006.

2 Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led to that advice being given.

3 The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.

4 The functions of the GB conservation bodies shall include power to advise or assist—

a any constable;

b any proper officer of a local authority; or

c any wildlife inspector,

in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.

25 Functions of local authorities.¶

1 Every local authority shall take such steps as they consider expedient for bringing to the attention of the public and of schoolchildren in particular the effect of—

a the provisions of this Part; and

b any order made under this Part affecting the whole or any part of their area.

2 A local authority in England and Wales may institute proceedings for any offence under this Part or any order made under it which is committed within their area.

3 Nothing in this section applies in relation to Schedule 9A or orders or offences under it.

^E3726 Regulations, orders, notices etc.¶

1 Any power to make regulations or orders under this Part shall be exercisable by statutory instrument.

2 A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than sections 2(6), 3, 5 and 11, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3 No order under section 5 or 11 shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

4 Before making any order under this Part, the Secretary of State—

a except in the case of an order under section 2(6), shall give to any local authority affected and, except in the case of an order under section 3, any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order;

b except in the case of an order under section 22(3), shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and

c may, if he thinks fit, cause a public inquiry to be held.

5 Notice of the making of an order under this Part shall be published by the Secretary of State—

a if the order relates in whole or in part to England and Wales, in the London Gazette; and

b if the order relates in whole or in part to Scotland, in the Edinburgh Gazette.

6 The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area.

7 In this section references to orders do not include species control orders under Schedule 9A.

26A Enforcement of wildlife legislation¶

Regulations under section 2(2) of the European Communities Act 1972 (c. 68) for the purpose of implementing Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora (that is, the Directive as amended from time to time by any other EU instrument or otherwise) may, despite paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.

26B Annual report on wildlife crime¶

1 The Scottish Ministers must, after the end of each calendar year, lay before the Scottish Parliament a report on offences relating to wildlife.

2 The report may, in particular, include—

a information on the incidence and prosecution of such offences during the year to which the report relates;

b information on research and advice relating to wildlife which the Scottish Ministers consider relevant to such offences.

3 The report need only include information in relation to such offences relating to wildlife as the Scottish Ministers consider appropriate.

4 For the purposes of this section, an offence relating to wildlife is an offence—

a under Part 1 of this Act; or

b under any other enactment which the Scottish Ministers consider may have an impact on wildlife.

^E3827 Interpretation of Part I.¶

1 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. the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;
2. any person authorised in writing by the local authority for the area within which the action authorised is taken;
3. as respects anything done in relation to wild birds, any person authorised in writing by—
  1. the Welsh Ministers, in relation to things done for purposes relating to fishing or fisheries in the Welsh inshore region (within the meaning of the Marine and Coastal Access Act 2009);
  2. any of the following bodies, that is to say, any of the GB conservation bodies, ^F233. . . a district board for a fishery district within the meaning of the ^M16Salmon Fisheries (Scotland) Act 1862 or an inshore fisheries and conservation authority ^F234...;
4. any person authorised in writing by—
  1. the Environment Agency, in relation to anything done in England;
  2. the Natural Resources Body for Wales, in relation to anything done in Wales; or
  3. 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 ^M18Firearms Act 1968;
“game bird” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;
“inland waters” means—
1. inland waters within the meaning of the Water Resources Act 1991; ^M19
2. any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;
3. controlled waters within the meaning of Part II of the Control of Pollution Act 1974 ^M20 other than ground waters as defined in section 30A(1)(d) of that Act.
“inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;
“livestock” includes any animal which is kept—
1. for the provision of food, wool, skins or fur;
2. for the purpose of its use in the carrying on of any agricultural activity; or
3. for the provision or improvement of shooting or fishing;
“local authority” means—
1. in relation to England ^F236. . ., a county, district or London borough council ^F237. . .;
2. in relation to Wales, a county council or county borough council;
3. in relation to Scotland, a council 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;
“premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;
“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;
^F241......
“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 species which is ordinarily resident in or is a visitor to the United Kingdom 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;
“the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;
“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.
“wildlife inspector” has the meaning given by section 18A(1).

2 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.

3 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.

3A In this Part “the GB conservation bodies” means—

a Natural England,

b the Natural Resources Body for Wales, and

c Scottish Natural Heritage,

and references to a conservation body are to be read accordingly.

4 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.

5 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.

^F256 27ZA Application of Part 1 to England and Wales¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II Nature Conservation, Countryside and National Parks¶

^X2 Sites of special scientific interest and limestone pavements ¶

27A Construction of references to Nature Conservancy Council.¶

^F262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27AA Application of sections 28 to 34 in Wales¶

1 In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to the Natural Resources Body for Wales and as if section 28D(2)(d) were omitted.

2 Subsection (3) applies where—

a any provision of sections 28 to 34 requires the Natural Resources Body for Wales to give a notification or notice to the local planning authority in whose area land is situated, and

b all or part of the land is included in a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004 the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 .

3 The Natural Resources Body for Wales must also give the notification or notice to the strategic planning panel for the strategic planning area that corporate joint committee .

^E41 28 Sites of special scientific interest.¶

1 Where Natural England are of the opinion that any area of land is of special interest by reason of any of its flora, fauna, or geological or physiographical features, it shall be the duty of Natural England to notify that fact—

a to the local planning authority (if any) in whose area the land is situated;

b to every owner and occupier of any of that land; and

c to the Secretary of State.

1A The reference in subsection (1) to land includes—

a any land lying above mean low water mark;

b any land covered by estuarial waters.

1B Where the area of land to which a notification under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—

a area B adjoins area A, and

b any of the conditions in subsection (1C) is satisfied.

1C The conditions are—

a that the flora, fauna or features leading to the notification of area A is or are also present in area B;

b that the notification of area A is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B;

c that, without the inclusion of area B, the identification of the boundary of the land notified (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

2 Natural England shall also publish a notification of the fact mentioned in subsection (1) in at least one local newspaper circulating in the area in which the land is situated.

3 A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to it may be made; and Natural England shall consider any representation or objection duly made.

4 A notification under subsection (1)(b) shall also specify—

a the flora, fauna, or geological or physiographical features by reason of which the land is of special interest, and

b any operations appearing to Natural England to be likely to damage that flora or fauna or those features,

and shall contain a statement of Natural England's views about the management of the land (including any views Natural England may have about the conservation and enhancement of that flora or fauna or those features).

5 Where a notification under subsection (1) has been given, Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

a give notice to the persons mentioned in subsection (1) withdrawing the notification; or

b give notice to those persons confirming the notification (with or without modifications).

In the case of a notification given in relation to land lying below mean low water mark by virtue of subsection (1B), this subsection is subject to section 28CB(4) and (6).

6 A notification shall cease to have effect—

a on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (1); or

b if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to there, at the end of that period.

6A Subsection (6)(b) does not apply in a case where notice has been given to Natural England under section 28CB(3).

7 Natural England's power under subsection (5)(b) to confirm a notification under subsection (1) with modifications shall not be exercised so as to add to the operations specified in the notification or extend the area to which it applies.

8 As from the time when there is served on the owner or occupier of any land which has been notified under subsection (1)(b) a notice under subsection (5)(b) confirming the notification with modifications, the notification shall have effect in its modified form in relation to so much (if any) of that land as remains subject to it.

9 A notification under subsection (1)(b) of land in England and Wales shall be a local land charge.

9A For the purposes of this Part “estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy).

10 For the purposes of this section and sections 28A to 28D, “local planning authority”, in relation to land within the Broads, includes the Broads Authority.

28A Variation of notification under section 28.¶

1 At any time after notice has been given under section 28(5)(b) confirming a notification (with or without modifications), Natural England may by notice vary the matters specified or stated in the confirmed notification (whether by adding to them, changing them, or removing matter from them).

2 The area of land cannot be varied under this section.

3 Natural England shall give notice setting out the variation to—

a the local planning authority (if any) in whose area the land is situated,

b every owner and occupier of any of the land who in the opinion of the Council may be affected by the variation, and

c the Secretary of State,

and after service of a notice under paragraph (b) the notification under section 28(1)(b) shall have effect in its varied form.

4 Section 28(3) shall apply to such a notice as it applies to a notification under section 28(1).

5 Where a notice under subsection (3) has been given, Natural England may within the period of nine months beginning with the date the last of the owners and occupiers referred to in subsection (3)(b) was served with the notice either—

a give notice to the persons mentioned in subsection (3) withdrawing the notice; or

b give notice to them confirming the notice (with or without modifications).

6 A notice under subsection (3) shall cease to have effect—

a on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (3); or

b if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to in that subsection, at the end of that period.

7 As from the time when there is served on the owner or occupier of any land a notice under subsection (5)(b) confirming a notice of variation with modifications, the notification under section 28(1)(b) shall have effect as so varied.

8 A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notice under subsection (3) or (5)(b).

28B Notification of additional land.¶

1 Where Natural England are of the opinion that if land adjacent to a site of special scientific interest (“the extra land”) were combined with the site of special scientific interest (“the SSSI ”), the combined area of land would be of special interest by reason of any of its flora, fauna, or geological or physiographical features, Natural England may decide to notify that fact.

2 If they do so decide, the persons whom they must notify are—

a the local planning authority (if any) in whose area the extra land is situated;

b every owner and occupier of any of that extra land; and

c the Secretary of State.

2A The reference in subsection (1) to land includes—

a any land lying above mean low water mark;

b any land covered by estuarial waters.

2B If any of the conditions in subsection (2C) is satisfied, the extra land may consist of or include an area of land not falling within subsection (2A)(a) or (b).

2C The conditions are—

a that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of the extra land not falling within subsection (2A)(a) or (b);

b that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area;

c that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

3 No notification under subsection (2) may be given until after notice has been given under section 28(5)(b) confirming (with or without modifications) the notification under section 28(1) relating to the SSSI.

4 Subsections (2) and (3) of section 28 shall apply for the purposes of this section as they apply for the purposes of that section.

5 A notification under subsection (2)(b) shall also specify—

a the area of land constituting the SSSI;

b what (as at the date of the notification under subsection (2)(b)) is specified or contained in the notification under section 28(1)(b) relating to the SSSI by virtue of section 28(4); and

c the reasons why Natural England is of the opinion referred to in subsection (1).

6 In addition, the notification under subsection (2)(b) shall include a statement—

a saying whether or not anything among the matters specified in the notification by virtue of subsection (5)(c) is particularly relevant to the extra land; and

b if any such thing is of particular relevance, specifying which.

7 Subsections (5) to (7) of section 28 apply in relation to a notification under subsection (2) of this section as they apply in relation to a notification under subsection (1) of that section, as if references to “subsection (1)” and “subsection (1B)” in section 28(5) to (7) were references to subsection (2) and subsection (2B) of this section respectively.

8 As from the time when a notification under subsection (2)(b) is served on the owner or occupier of any land, the notification under section 28(1)(b) shall have effect as if it included the notification under subsection (2)(b).

9 As from the time when there is served on the owner or occupier of any land which has been notified under subsection (2)(b) a notice under section 28(5)(b) (as applied by subsection (7) of this section) confirming the notification under subsection (2)(b) with modifications, the notification under section 28(1)(b) (as extended by virtue of subsection (8) of this section) shall have effect in its modified form.

10 A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notification under subsection (2) or under section 28(5)(b) as applied by subsection (7) of this section.

28C Enlargement of SSSI.¶

1 Where Natural England are of the opinion that any area of land which includes, but also extends beyond, a site of special scientific interest (“the SSSI ”) is of special interest by reason of any of its flora, fauna, or geological or physiographical features, Natural England may decide to notify that fact.

2 If they do so decide, the persons whom they must notify are—

a the local planning authority (if any) in whose area the land (including the SSSI ) is situated;

b every owner and occupier of any of that land (including the SSSI); and

c the Secretary of State.

2A The reference in subsection (1) to land includes—

a any land lying above mean low water mark;

b any land covered by estuarial waters.

2B If any of the conditions in subsection (2C) is satisfied, the area of land to which a notification under subsection (2) relates may include an area of land not falling within subsection (2A)(a) or (b).

2C The conditions are—

a that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of land not falling within subsection (2A)(a) or (b);

b that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area;

3 Subsections (2) to (8) of section 28 apply to a notification under subsection (2) of this section as they apply to a notification under subsection (1) of that section, as if references to “subsection (1)” , “subsection (1)(b)” and “subsection (1B)” in section 28(2) to (8) were references to subsection (2) , subsection (2)(b) and subsection (2B) of this section respectively.

4 No notification may be given under subsection (2) until after notice has been given under section 28(5)(b) (or section 28(5)(b) as applied by subsection (3)) confirming (with or without modifications) the notification under section 28(1) (or subsection (2)) relating to the SSSI.

5 As from the time when a notification under subsection (2) is served on the owner or occupier of any land included in the SSSI , the notification in relation to that land which had effect immediately before the service of the notification under subsection (2) shall cease to have effect.

6 A notification under subsection (2)(b) of land in England and Wales shall be a local land charge; and, to the extent that any such land was the subject of a local land charge by virtue of section 28(9), that local land charge shall be discharged.

7 A notice under section 28E(1)(a) and a consent under section 28E(3)(a) given before a notification under subsection (2)(b) continue to have effect.

8 The enlargement of a site of special scientific interest under this section does not affect anything done under section 28J to 28L.

9 Any reference to—

a a notification under section 28(1) (or any of its paragraphs) shall be construed as including the corresponding notification under subsection (2);

b a notification under section 28(5)(b) shall be construed as including a notification under that provision as applied by subsection (3); and

c a local land charge existing by virtue of section 28(9) shall be treated as including one existing by virtue of subsection (6).

28CA Guidance in relation to subtidal notifications of SSSIs¶

1 The ministerial authority may issue guidance to Natural England about the exercise of the power conferred by section 28(1B), 28B(2B) or 28C(2B) to give a notification under section 28(1), 28B(2) or 28C(2) (as the case may be) in relation to land lying below mean low water mark.

2 In this section and section 28CB “the ministerial authority” means—

a in relation to England, the Secretary of State;

b in relation to Wales, the Welsh Ministers.

28CB Power to call in subtidal notifications¶

1 This section applies where a notification under section 28(1), 28B(2) or 28C(2) has been given in relation to land lying below mean low water mark (“the subtidal land”) by virtue of section 28(1B), 28B(2B) or 28C(2B) (as the case may be).

2 Natural England may not give notice under section 28(5)(b) confirming the notification unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.(For the meaning of “the ministerial authority”, see section 28CA.)

3 At any time before the notification is confirmed the ministerial authority may give notice to Natural England that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.

4 If the ministerial authority gives notice under subsection (3), Natural England may not give notice under section 28(5) until the ministerial authority has given a direction under subsection (5).

5 The ministerial authority may direct—

a that the notification (if confirmed) must include all of the subtidal land;

b that the notification (if confirmed) must not include any of the subtidal land;

c that the notification (if confirmed) must, or must not, include such part of that land as is specified in the direction;

d that the decision whether the notification (if confirmed) should include the subtidal land is to be taken by Natural England.

6 If the ministerial authority gives a direction under subsection (5), Natural England must give notice under section 28(5)(a) or (b), in accordance with that direction, within the period of three months beginning with the date on which the direction is received by them.

7 The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—

a appearing before and being heard by a person appointed by the ministerial authority for that purpose;

b providing written representations to such a person.

8 A person appointed under subsection (7) must make a report to the ministerial authority of any oral or written representations made under that subsection.

9 The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (7).

10 The power to make regulations under subsection (9) is exercisable by statutory instrument.

11 A statutory instrument containing regulations made under subsection (9) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

12 A statutory instrument containing regulations made under subsection (9) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

28D Denotification.¶

1 Where Natural England are of the opinion that all or part of a site of special scientific interest

a is not of special interest by reason of any of the matters mentioned in section 28(1), or

b should no longer be the subject of a notification under section 28(1) because that land has been designated as (or as part of) a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009,

they may decide to notify that fact.

2 If they do so decide, the persons whom they must notify are—

a the local planning authority (if any) in whose area the land mentioned in subsection (1) is situated;

b every owner and occupier of any of that land;

c the Secretary of State;

d the Environment Agency; and

e every relevant undertaker (within the meaning of section 4(1) of the ^M21 Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the ^M22 Land Drainage Act 1991) whose works, operations or activities may affect the land.

3 Natural England shall also publish a notification of the fact mentioned in subsection (1)(a) or (b) in at least one local newspaper circulating in the area in which the land referred to in subsection (2)(a) is situated.

4 Section 28(3) shall apply to a notification under subsection (2) or (3) as it applies to a notification under section 28(1).

5 Where a notification under subsection (2) has been given, Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

a give notice to the persons mentioned in subsection (2) withdrawing the notification, or

b give notice to those persons confirming the notification, or confirming it in relation to an area of land specified in the notice which is smaller than that specified in the notification under subsection (2),

but if they do neither the notification shall cease to have effect.

6 A notification under subsection (2) shall have effect in relation to any land as from the time a notice under subsection (5)(b) is served on its owner or occupier, and from that time a notification under section 28(1)(b) in relation to that land shall cease to have effect.

7 A local land charge existing by virtue of section 28(9) shall be discharged in relation to land which is the subject of a notice under subsection (5)(b).

^C37^C41^C43^C44^C45^C46^C5128E Duties in relation to sites of special scientific interest.¶

^C171 The owner or occupier of any land included in a site of special scientific interest shall not while the notification under section 28(1)(b) remains in force carry out, or cause or permit to be carried out, on that land any operation specified in the notification unless—

a one of them has, after service of the notification, given Natural England notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and

b one of the conditions specified in subsection (3) is fulfilled.

2 Subsection (1) does not apply to an owner or occupier being an authority to which section 28G applies acting in the exercise of its functions.

3 The conditions are—

a that the operation is carried out with Natural England's written consent;

b that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act , section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016;

c that the operation is carried out in accordance with a management scheme under section 28J or a management notice under section 28K.

4 A consent under subsection (3)(a) may be given—

a subject to conditions, and

b for a limited period,

as specified in the consent.

5 If Natural England do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).

6 Natural England may, by notice given to every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates—

a withdraw the consent; or

b modify it (or further modify it) in any way.

7 The following—

a a consent under subsection (3)(a) granting consent subject to conditions or for a limited period, and

b a notice under subsection (5) or (6),

must include a notice of Natural England's reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8).

8 The matters referred to in subsection (7) are—

a the rights of appeal under section 28F;

b the effect of subsection (9); and

c in the case of a notice under subsection (6), the effect of section 28M.

9 A withdrawal or modification of a consent is not to take effect until—

a the expiry of the period for appealing against it; or

b if an appeal is brought, its withdrawal or final determination.

10 Natural England shall have power to enforce the provisions of this section.

28F Appeals in connection with consents.¶

1 The following persons—

a an owner or occupier who has been refused a consent under section 28E(3)(a),

b an owner or occupier who has been granted such a consent but who is aggrieved by conditions attached to it, or by the fact that it is for a limited period, or by the length of that period,

c an owner or occupier who is aggrieved by the modification of a consent;

d an owner or occupier who is aggrieved by the withdrawal of a consent,

may by notice appeal to the Secretary of State against the relevant decision.

2 If Natural England neither give consent nor refuse it within the period of four months beginning with the date on which the notice referred to in section 28E(1)(a) was sent, the person who gave that notice may for the purposes of subsection (1) treat Natural England as having refused consent (and his appeal is to be determined on that basis).

3 Notice of an appeal must reach the Secretary of State—

a except in a case falling within subsection (2), within the period of two months beginning with the date of the notice giving consent or the notice under section 28E(5) or (6), or

b in a case falling within subsection (2), within the period of two months beginning immediately after the expiry of the four-month period referred to there,

or, in either case, within such longer period as is agreed in writing between Natural England and the appellant.

4 Before determining an appeal, the Secretary of State may, if he thinks fit—

a cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or

b cause a local inquiry to be held,

and he must act as mentioned in paragraph (a) or (b) if either party to the appeal asks to be heard in connection with the appeal.

5 On determining an appeal against a decision, the Secretary of State may—

a affirm the decision,

b where the decision was a refusal of consent, direct Natural England to give consent,

c where the decision was as to the terms of a consent (whether the original or a modified one), quash all or any of those terms,

d where the decision was a withdrawal or modification of consent, quash the decision,

and where he exercises any of the powers in paragraphs (b), (c) or (d) he may give directions to Natural England as to the terms on which they are to give consent.

6 The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—

a notices of appeal and supporting documentation required, and

b how appeals are to be brought and considered,

and any such regulations may make different provision for different cases and circumstances.

7 A statutory instrument containing regulations under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

8 The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal.

9 Schedule 10A shall have effect with respect to appointments under subsection (8).

10 Subsections (2) to (5) of section 250 of the ^M23 Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there—

a to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and

b to the Minister causing an inquiry to be held were to the Secretary of State.

11 Section 322A of the ^M24 Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section.

12 In relation to Wales this section has effect as if for subsections (10) and (11) there were substituted—

28G Statutory undertakers, etc.: general duty.¶

1 An authority to which this section applies (referred to in this section and in sections 28H and 28I as “a section 28G authority”) shall have the duty set out in subsection (2) in exercising its functions so far as their exercise is likely to affect the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.

^C182 The duty is to take reasonable steps, consistent with the proper exercise of the authority’s functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest.

3 The following are section 28G authorities—

a a Minister of the Crown (within the meaning of the Ministers of the ^M25 Crown Act 1975) or a Government department;

b the National Assembly for Wales;

c a local authority;

d a person holding an office—

i under the Crown,

ii created or continued in existence by a public general Act of Parliament, or

iii the remuneration in respect of which is paid out of money provided by Parliament;

e a statutory undertaker ^F303 . . . ; and

f any other public body of any description.

4 “Statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.

^C47^C5028H Statutory undertakers, etc.: duty in relation to carrying out operations.¶

1 A section 28G authority shall give notice to Natural England before carrying out, in the exercise of its functions, operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.

2 Subsection (1) applies even if the operations would not take place on land included in a site of special scientific interest.

3 In response to the notice referred to in subsection (1), Natural England may send a notice—

a saying that they do not assent to the proposed operations, or

b assenting to them (with or without conditions),

but if they do not send a notice under paragraph (b) within the period of 28 days beginning with the date of the notice under subsection (1) they shall be treated as having declined to assent.

4 If Natural England do not assent, or if the authority proposes to carry out the operations otherwise than in accordance with the terms of the Council’s assent, the authority—

a shall not carry out the operations unless the condition set out in subsection (5) is satisfied, and

b shall comply with the requirements set out in subsection (6) when carrying them out.

5 The condition is that the authority has, after the expiry of the period of 28 days beginning with the date of the notice under subsection (1), notified the Council of—

a the date on which it proposes to start the operations (which must be after the expiry of the period of 28 days beginning with the date of the notification under this paragraph), and

b how (if at all) it has taken account of any written advice it received from Natural England, before the date of the notification under this paragraph, in response to the notice under subsection (1).

6 The requirements are—

a that the authority carry out the operations in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological or physiographical features by reason of which the site is of special interest (taking account, in particular, of any such advice as is referred to in subsection (5)(b)); and

b that the authority restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur.

^C19 28I Statutory undertakers, etc.: duty in relation to authorising operations.¶

1 This section applies where the permission of a section 28G authority is needed before operations may be carried out.

2 Before permitting the carrying out of operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, a section 28G authority shall give notice of the proposed operations to Natural England.

3 Subsection (2) applies even if the operations would not take place on land included in a site of special scientific interest.

4 The authority shall wait until the expiry of the period of 28 days beginning with the date of the notice under subsection (2) before deciding whether to give its permission, unless Natural England have notified the authority that it need not wait until then.

5 The authority shall take any advice received from Natural England into account—

a in deciding whether or not to permit the proposed operations, and

b if it does decide to do so, in deciding what (if any) conditions are to be attached to the permission.

6 If Natural England advise against permitting the operations, or advise that certain conditions should be attached, but the section 28G authority does not follow that advice, the authority—

a shall give notice of the permission, and of its terms, to Natural England, the notice to include a statement of how (if at all) the authority has taken account of the Council’s advice, and

b shall not grant a permission which would allow the operations to start before the end of the period of 21 days beginning with the date of that notice.

7 In this section “permission”, in relation to any operations, includes authorisation, consent, and any other type of permission (and “permit” and “permitting” are to be construed accordingly).

28J Management schemes.¶

1 Natural England may formulate a management scheme for all or part of a site of special scientific interest.

2 A management scheme is a scheme for—

a conserving the flora, fauna, or geological or physiographical features by reason of which the land (or the part of it to which the scheme relates) is of special interest; or

b restoring them; or

c both.

3 Natural England shall serve notice of a proposed management scheme on every owner and occupier of any of the land (or the part of it to which the scheme would relate); but it may be served on them only after they have been consulted about the proposed management scheme.

4 The notice may be served with the notification referred to in section 28(1)(b) or afterwards.

5 The owners and occupiers upon whom the notice must be served (referred to in this section as “the relevant owners and occupiers”) are—

a if it is served with the notification under section 28(1)(b), or later but before the notification referred to in section 28(5)(b), the owners and occupiers referred to in section 28(1)(b);

b if it is served with the notification under section 28(5)(b) or later, the owners and occupiers of such of the land as remains subject to the notification.

6 The notice of a proposed management scheme must include a copy of the proposed scheme.

7 The notice must specify the time (not being less than three months from the date of the giving of the notice) within which, and the manner in which, representations or objections with respect to the proposed management scheme may be made; and Natural England shall consider any representation or objection duly made.

8 Where a notice under subsection (3) has been given, Natural England may within the period of nine months beginning with the date on which the notice was served on the last of the relevant owners and occupiers either—

a give notice to the relevant owners and occupiers withdrawing the notice, or

b give notice to them confirming the management scheme (with or without modifications),

and if notice under paragraph (b) is given, the management scheme shall have effect from the time the notice is served on all of the relevant owners or occupiers.

9 A notice under subsection (3) shall cease to have effect—

a on the giving of a notice of withdrawal under subsection (8)(a) to any of the relevant owners and occupiers; or

b if not withdrawn or confirmed by notice under subsection (8) within the period of nine months referred to there, at the end of that period.

10 Natural England's power under subsection (8)(b) to confirm a management scheme with modifications shall not be exercised so as to make complying with it more onerous.

11 Natural England may at any time cancel or propose the modification of a management scheme.

12 In relation to—

a the cancellation of a management scheme, subsections (3) to (5) apply, and

b a proposal to modify a management scheme, subsections (3) to (10) apply,

as they apply in relation to a proposal for a management scheme.

^F81013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28K Management notices.¶

1 Where it appears to Natural England that—

a an owner or occupier of land is not giving effect to a provision of a management scheme, and

b as a result any flora, fauna or geological or physiographical features by reason of which the land is of special interest are being inadequately conserved or restored,

they may if they think fit serve a notice on him (a “management notice”).

2 They may not serve a management notice unless they are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land in accordance with the management scheme.

3 A management notice is a notice requiring the owner or occupier to—

a carry out such work on the land, and

b do such other things with respect to it,

as are specified in the notice, and to do so before the dates or within the periods so specified.

4 The work and other things specified in the notice must appear to Natural England to be measures which it is reasonable to require in order to ensure that the land is managed in accordance with the management scheme.

5 The management notice must explain the effect of subsection (7) and (8) and of sections 28L and 28M(2) to (4).

6 A copy of the management notice must be served on every other owner and occupier of the land.

7 If any of the work or other things required by a management notice have not been done within the period or by the date specified in it, Natural England may—

a enter the land, and any other land, and carry out the work, or do the other things; and

b recover from the owner or occupier upon whom the notice was served any expenses reasonably incurred by them in carrying out the work or doing the other things.

8 If an appeal is brought against the management notice, and upon the final determination of the appeal the notice is affirmed (with or without modifications), subsection (7) applies as if the references there to the management notice were to the notice as affirmed.

28L Appeals against management notices.¶

1 A person who is served with a management notice may appeal against its requirements to the Secretary of State; and a management notice does not take effect until—

a the expiry of the period for appealing against it; or

b if an appeal is brought, its withdrawal or final determination.

2 An appeal may be on the ground that some other owner or occupier of the land should take all or any of the measures specified in the management notice, or should pay all or part of their cost.

3 Where the grounds of appeal are, or include, that mentioned in subsection (2), the appellant must serve a copy of his notice of appeal on each other person referred to.

4 Before determining an appeal, the Secretary of State may, if he thinks fit—

a cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or

b cause a local inquiry to be held,

and he must act as mentioned in paragraph (a) or (b) if either party to the appeal (or, in a case falling within subsection (2), any of the other persons mentioned there) asks to be heard in connection with the appeal.

5 On determining the appeal, the Secretary of State may quash or affirm the management notice; and if he affirms it, he may do so either in its original form or with such modifications as he thinks fit.

6 In particular, on determining an appeal whose grounds are, or include, those mentioned in subsection (2), the Secretary of State may—

a vary the management notice so as to impose its requirements (or some of them) upon any such other person as is referred to in the grounds; or

b determine that a payment is to be made by any such other person to the appellant.

7 In exercising his powers under subsection (6), the Secretary of State must take into account, as between the appellant and any of the other people referred to in subsection (2)—

a their relative interests in the land (considering both the nature of the interests and the rights and obligations arising under or by virtue of them);

b their relative responsibility for the state of the land which gives rise to the requirements of the management notice; and

c the relative degree of benefit to be derived from carrying out the requirements of the management notice.

8 The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—

a the period within which and the manner in which appeals are to be brought, and

b the manner in which they are to be considered,

and any such regulations may make different provision for different cases or circumstances.

9 A statutory instrument containing regulations under subsection (8) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

10 The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal.

11 Schedule 10A shall have effect with respect to appointments under subsection (10).

12 Subsections (2) to (5) of section 250 of the ^M26 Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there—

a to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and

b to the Minister causing an inquiry to be held were to the Secretary of State.

13 Section 322A of the ^M27 Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section.

14 In relation to Wales this section has effect as if for subsections (12) and (13) there were substituted—

28M Payments.¶

1 Where Natural England, under section 28E(6), modify or withdraw a consent, they shall make a payment to any owner or occupier of the land who suffers loss because of the modification or withdrawal.

2 Natural England may, if they think fit, make one or more payments to any owner or occupier of land in relation to which a management scheme under section 28J is in force.

3 The amount of a payment under this section is to be determined by Natural England in accordance with guidance given and published by the Ministers.

4 Section 50(3) applies to the determination of the amount of payments under this section as it applies to the determination of the amount of payments under that section.

28N Compulsory purchase.¶

1 Natural England may in circumstances set out in subsection (2) acquire compulsorily all or any part of a site of special scientific interest.

2 The circumstances are—

a that Natural England are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land; or

b that Natural England have entered into such an agreement, but they are satisfied that it has been breached in such a way that the land is not being managed satisfactorily.

3 A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) is to be determined by an arbitrator appointed by the Lord Chancellor.

4 Where Natural England have acquired land compulsorily under this section, they may—

a manage it themselves; or

b dispose of it, or of any interest in it, on terms designed to secure that the land is managed satisfactorily.

5 Section 103 of the 1949 Act (general provisions as to acquisition of land) applies for the purposes of this section as it applies for the purposes of that Act.

28P Offences.¶

1 A person who, without reasonable excuse, contravenes section 28E(1) is guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine.

2 A section 28G authority which, in the exercise of its functions, carries out an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest—

a without first complying with section 28H(1), or

b (if it has complied with section 28H(1)) without first complying with section 28H(4)(a),

is, unless there was a reasonable excuse for carrying out the operation without complying, guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine.

3 A section 28G authority acting in the exercise of its functions which, having complied with section 28H(1), fails without reasonable excuse to comply with section 28H(4)(b) is guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine.

4 For the purposes of subsections (1), (2) and (3), it is a reasonable excuse in any event for a person to carry out an operation (or to fail to comply with a requirement to send a notice about it) if—

a subject to subsection (5), the operation in question was authorised by a planning permission granted on an application under Part III of the ^M28 Town and Country Planning Act 1990 or permitted by a section 28G authority which has acted in accordance with section 28I; or

b the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to Natural England as soon as practicable after the commencement of the operation.

5 If an operation needs both a planning permission and the permission of a section 28G authority, subsection (4)(a) does not provide reasonable excuse unless both have been obtained.

5A A section 28G authority which, in the exercise of its functions, permits the carrying out of an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest—

a without first complying with section 28I(2), or

b where relevant, without first complying with section 28I(4) or (6),

is, unless there was a reasonable excuse for permitting the carrying out of the operation without complying, guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine.

5B For the purposes of subsection (5A), it is a reasonable excuse in any event for a section 28G authority to permit the carrying out of an operation without first complying with section 28I(2), (4) or (6) if the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to Natural England as soon as practicable after the permission was given.

6 A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—

a intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which land is of special interest, or intentionally or recklessly disturbs any of those fauna, and

b knew that what he destroyed, damaged or disturbed was within a site of special scientific interest,

is guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine.

6A A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—

a intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or

b intentionally or recklessly disturbs any of those fauna,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

7 It is a reasonable excuse in any event for a person to do what is mentioned in subsection (6) or (6A) if—

a paragraph (a) or (b) of subsection (4) is satisfied in relation to what was done (reading references there to an operation as references to the destruction, damage or disturbance referred to in subsection (6) or (6A)), and

b where appropriate, subsection (5) is also satisfied, reading the reference there to an operation in the same way.

8 A person who without reasonable excuse fails to comply with a requirement of a management notice is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.

9 In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

10 Proceedings in England and Wales for an offence under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than Natural England.

11 In this section, “a section 28G authority” means an authority to which section 28G applies.

28Q Change of owner or occupier.¶

1 This section applies where the owner of land included in a site of special scientific interest—

a disposes of any interest of his in the land; or

b becomes aware that it is occupied by an additional or a different occupier.

2 If this section applies, the owner shall send a notice to Natural England before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation.

3 The notice is to specify the land concerned and—

a in a subsection (1)(a) case, the date on which the owner disposed of the interest in the land, and the name and address of the person to whom he disposed of the interest; or

b in a subsection (1)(b) case, the date on which the change of occupation took place (or, if the owner does not know the exact date, an indication of when to the best of the owner’s knowledge it took place), and, as far as the owner knows them, the name and address of the additional or different occupier.

4 A person who fails without reasonable excuse to comply with the requirements of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

5 For the purposes of subsection (1), an owner “disposes of” an interest in land if he disposes of it by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage.

28R Byelaws.¶

1 Natural England may make byelaws for the protection of a site of special scientific interest.

2 The following provisions of the 1949 Act apply in relation to byelaws under this section as they apply in relation to byelaws under section 20 of that Act—

a subsections (2) and (3) of section 20 (reading references there to nature reserves as references to sites of special scientific interest); and

b sections 106 and 107.

28S Notices and signs relating to SSSIs¶

1 Natural England may, on any land included in a site of special scientific interest, put up and maintain notices or signs relating to the site.

2 Natural England may remove any notice or sign put up under subsection (1).

3 Any other person who intentionally or recklessly and without reasonable excuse takes down, damages, destroys or obscures a notice or sign put up under subsection (1) is guilty of an offence.

4 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

29 Special protection for certain areas of special scientific interest.¶

^F329. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30 Compensation where order is made under s. 29.¶

^F330. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^E4331 Restoration following offence under section 28P.¶

1 Where—

a the operation in respect of which a person is convicted of an offence under section 28P(1), (2) or (3) has destroyed or damaged any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or

b a person is convicted of an offence under section 28P(6) or (6A),

the court by which he is convicted, in addition to dealing with him in any other way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations (whether on land included in the site of special scientific interest or not) as may be so specified for the purpose of restoring the site of special scientific interest to its former condition.

2 An order under this section made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the ^M29Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person’s conviction any such order does not take effect, and on appeal to the Supreme Court the conviction is restored by the Supreme Court, the Supreme Court may make any order under this section which could be made on his conviction by the court which convicted him.

3 In the case of an order under this section made by a magistrates’ court the period specified in the order shall not begin to run—

a in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates’ court;

b where notice of appeal is given within the period so prescribed, until determination of the appeal.

4 At any time before an order under this section has been complied with or fully complied with, the court by which it was made may, on the application of the person against whom it was made, discharge or vary the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary.

5 If, within the period specified in an order under this section, the person against whom it was made fails, without reasonable excuse, to comply with it, he shall be liable on summary conviction—

a to a fine not exceeding level 5 on the standard scale; and

b in the case of a continuing offence, to a further fine not exceeding £100 for each day during which the offence continues after conviction.

6 If, within the period specified in an order under this section, any operations specified in the order have not been carried out, Natural England may enter the land and carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by them in doing so.

7 In the application of this section to Scotland—

a subsections (2) and (3) shall not apply; and

b for the purposes of any appeal or review, an order under this section is a sentence.

^E4532 Duties of agriculture Ministers with respect to areas of special scientific interest.¶

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 included in a site of special scientific interest. . ., the appropriate Minister—

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 of special interest; and

b where Natural England 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 Natural England , 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 subsection (1)(b), Natural England shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act—

a imposing restrictions as respects those activities; and

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

2A Subsection (2) has effect in relation to Wales as if the reference to an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act were a reference to an agreement under section 16 of the Environment (Wales) Act 2016.

3 In this section—

“the appropriate Minister” means the Minister responsible for determining the application;
“farm capital grant” means—

a a grant under a scheme made under section 29 of the Agriculture Act 1970; or

b a grant under regulations made under section 2(2) of the European Communities Act 1972 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;

“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 EU instrument in pursuance of which the regulations were made.

33 Ministerial guidance as respects areas of special scientific interest.¶

1 The Ministers shall from time to time, after consultation with Natural England and such persons appearing to them to represent other interests concerned as they consider appropriate—

a prepare codes containing such recommendations, advice and information as they consider proper for the guidance of—

i persons exercising functions under sections 28 to 32; and

ii persons affected or likely to be affected by the exercise of any of those functions; and

b revise any such code by revoking, varying, amending or adding to the provisions of the code in such manner as the Ministers think fit.

2 A code prepared in pursuance of subsection (1) and any alterations proposed to be made on a revision of such a code shall be laid before both Houses of Parliament forthwith after being prepared; and the code or revised code, as the case may be, shall not be issued until the code or the proposed alterations have been approved by both Houses.

3 Subject to subsection (2), the Ministers shall cause every code prepared or revised in pursuance of subsection (1) to be printed, and may cause copies of it to be put on sale to the public at such price as the Ministers may determine.

^E4734 Limestone pavement orders.¶

1 Natural England must notify any local planning authority of any limestone pavement in that authority's area.

^C202 Where it appears to the Secretary of State or the relevant authority that the character or appearance of any land notified under subsection (1) would be likely to be adversely affected by the removal of the limestone or by its disturbance in any way whatever, the Secretary of State or that authority may make an order (in this section referred to as a “limestone pavement order”) designating the land and prohibiting the removal or disturbance of limestone on or in it; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of limestone pavement orders.

3 The relevant authority may, after consultation with Natural England, amend or revoke a limestone pavement order made by the authority; and the Secretary of State may, after such consultation as aforesaid, amend or revoke any such order made by him or that authority but, in the case of an order made by that authority, only after consultation with that authority.

4 If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable on summary conviction, or on conviction on indictment, to a fine.

5 It is a reasonable excuse in any event for a person to remove or disturb limestone or cause or permit its removal or disturbance, if the removal or disturbance was authorised by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990. . . .

6 In this section—

^F350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“limestone pavement” means an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion;
“the relevant authority” means—
1. in relation to a non-metropolitan county in England, the county planning authority and, in relation to any other area in England, the local planning authority;
2. in relation to any area in Wales, the local planning authority;
3. ^F354 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F366Nature reserves, ... and Ramsar sites¶

34A Meaning of “appropriate conservation body”¶

In the following provisions of this Part “the appropriate conservation body” means—

a in relation to England, Natural England;

b in relation to Wales, the Natural Resources Body for Wales;

c in relation to Scotland, Scottish Natural Heritage.

^X335 National nature reserves.¶

1 Where the appropriate conservation body are satisfied that any land which—

a is being managed as a nature reserve under an agreement entered into with the appropriate conservation body;

b is held by the appropriate conservation body and is being managed by them as a nature reserve; or

c is held by an approved body and is being managed by that body as a nature reserve,

is of national importance, they may declare that land to be a national nature reserve.

1A The land which may be declared to be a national nature reserve in England or Wales includes—

a any land lying above mean low water mark;

b any land covered by estuarial waters.

1B Where the area of land to which a declaration under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—

a area B adjoins area A, and

b any of the conditions in subsection (1C) is satisfied.

1C The conditions are—

a that the flora, fauna or features leading to the management of area A as a nature reserve is or are also present in area B;

b that the management of area A as a nature reserve is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B;

c that, without the inclusion of area B, the identification of the boundary of the land declared to be a national nature reserve (either in the declaration or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

1D The ministerial authority may issue guidance to the appropriate conservation body about the exercise of the power conferred by subsection (1B) to make a declaration in relation to land lying below mean low water mark.“The ministerial authority” has the meaning given by section 35A(12).

2 A declaration by the appropriate conservation body that any land is a national nature reserve shall be conclusive of the matters declared; and subsections (4) and (5) of section 19 of the 1949 Act shall apply in relation to any such declaration as they apply in relation to a declaration under that section.

3 On the application of the approved body concerned, the appropriate conservation body, as respects any land which is declared to be a national nature reserve under subsection (1)(c), make byelaws for the protection of the reserve.

4 Subsections (2) and (3) of section 20 and section 106 of the 1949 Act shall apply in relation to byelaws under this section as they apply in relation to byelaws under the said section 20.

5 In this section—

“approved body” means a body approved by the appropriate conservation body for the purposes of this section;
“nature reserve” has the same meaning as in Part III of the 1949 Act.

35A Power to call in subtidal declarations¶

1 This section applies where—

a the appropriate conservation body propose to declare land to be a national nature reserve under section 35(1), and

b the land to which the proposed declaration relates includes, by virtue of section 35(1B), land lying below mean low water mark (“the subtidal land”).

2 The appropriate conservation body may not declare the reserve unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.

3 At any time before the reserve is declared the ministerial authority may give notice to the appropriate conservation body that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.

4 If the ministerial authority gives notice under subsection (3), the appropriate conservation body may not declare the reserve until the ministerial authority has given a direction under subsection (5).

5 The ministerial authority may direct—

a that the reserve (if declared) must include all of the subtidal land;

b that the reserve (if declared) must not include any of the subtidal land;

c that the reserve (if declared) must, or must not, include such part of that land as is specified in the direction;

d that the decision whether the reserve (if declared) should include the subtidal land is to be taken by the appropriate conservation body.

6 The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—

a appearing before and being heard by a person appointed by the ministerial authority for that purpose;

b providing written representations to such a person.

7 A person appointed under subsection (6) must make a report to the ministerial authority of any oral or written representations made under that subsection.

8 The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (6).

9 The power to make regulations under subsection (8) is exercisable by statutory instrument.

10 A statutory instrument containing regulations made under subsection (8) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

11 A statutory instrument containing regulations made under subsection (8) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

12 In this section “the ministerial authority” means—

a in relation to England, the Secretary of State;

b in relation to Wales, the Welsh Ministers.

^F77636 Marine nature reserves.¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37 Byelaws for protection of marine nature reserves.¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^X437A Ramsar sites.¶

1 Where a wetland in Great Britain has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article, the Secretary of State shall—

a notify Natural England if all or part of the wetland is in England;

b notify the Natural Resources Body for Wales if it is in Wales; or

c notify both of them if it is partly in England and partly in Wales.

2 Subject to subsection (3), upon receipt of a notification under subsection (1), each body notified shall, in turn, notify—

a the local planning authority in whose area the wetland is situated;

b every owner and occupier of any of that wetland; and

^F773c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d every relevant undertaker (within the meaning of section 4(1) of the ^M30Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the ^M31Land Drainage Act 1991) whose works, operations or activities may affect the wetland.

2A Subject to subsection (3), upon receipt of a notification under subsection (1), Natural England shall, in turn, notify the Environment Agency.

2B Subject to subsection (3), upon receipt of a notification under subsection (1) relating to a wetland all or part of which is in the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, the Natural Resources Body for Wales shall, in turn, notify that corporate joint committee.

3 Natural England and the Natural Resources Body for Wales may agree that in a case where the Secretary of State notifies both of them under subsection (1)(c), any notice under subsection (2) is to be sent by one or the other of them (and not both), so as to avoid duplicate notices under that subsection.

4 Subject to subsection (5), the “Ramsar Convention” is the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by—

a the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and

b the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987.

5 If the Ramsar Convention is further amended after the passing of the Countryside and Rights of Way Act 2000, the reference to the Ramsar Convention in subsection (1) is to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision).

^F36538 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Countryside¶

^C2139 Management agreements with owners and occupiers of land.¶

1 A relevant authority may, for the purpose of conserving or enhancing the natural beauty or amenity of any land which is ^F368. . . within their area or promoting its enjoyment by the public, make an agreement (in this section referred to as a “management agreement”) with any person having an interest in the land with respect to the management of the land during a specified term or without limitation of the duration of the agreement.

2 Without prejudice to the generality of subsection (1), a management agreement—

a may impose on the person having an interest in the land restrictions as respects the method of cultivating the land, its use for agricultural purposes or the exercise of rights over the land and may impose obligations on that person to carry out works or agricultural or forestry operations or do other things on the land;

b may confer on the relevant authority power to carry out works for the purpose of performing their functions under the 1949 Act and the 1968 Act; and

c may contain such incidental and consequential provisions (including provisions for the making of payments by either party to the other) as appear to the relevant authority to be necessary or expedient for the purposes of the agreement.

3 The provisions of a management agreement with any person interested in the land shall, unless the agreement otherwise provides, be binding on persons deriving title under or from that person and be enforceable by the relevant authority against those persons accordingly.

4 Schedule 2 to the ^M32Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants) shall apply to management agreements as it applies to forestry dedication covenants.

5 In this section “the relevant authority” means—

^F369a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

aa as respects land within the Broads, the Broads Authority;

^F371b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c as respects any other land, the local planning authority.

d ^F373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F811e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f as respects land in any area of outstanding natural beauty designated under section 82 of the Countryside and Rights of Way Act 2000 for which a conservation board has been established under section 86 of that Act, that board.

6 The powers conferred by this section on a relevant authority shall be in addition to and not in derogation of any powers conferred on such an authority by or under any enactment.

^F81240 Experimental schemes.¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C2241 Duties of agriculture Ministers with respect to the countryside.¶

^F3751 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 In the exercise of his general duty under section 4(2) of the ^M33Small Landholders (Scotland) Act 1911 of promoting the interests of agriculture and other rural industries, and without prejudice to the generality of that duty, the Secretary of State shall make provision, through such organisation as he considers appropriate, for the giving of

a advice to persons carrying on agricultural businesses on the conservation and enhancement of the natural beauty and amenity of the countryside;

b advice to such persons on diversification into other enterprises of benefit to the rural economy; and

c advice to government departments and other bodies exercising statutory functions on the promotion and furtherance of such diversification as is mentioned in paragraph (b).

3 Where an application for a farm capital grant is made as respects expenditure incurred or to be incurred for the purposes of activities on land which is in a National Park (including a National Park in Scotland)or an area specified for the purposes of this subsection by the Ministers, the appropriate Minister—

a shall, so far as may be consistent with the purposes of the the grant provisions, so exercise his functions thereunder as to further the conservation and enhancement of the natural beauty and amenity of the countryside and to promote its enjoyment by the public; and

b where the relevant authority have objected to the making of the grant on the ground that the activities in question have had or will have an adverse effect on the natural beauty or amenity of the countryside or its enjoyment by the public, 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;

^F380. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Where, in consequence of an objection by the relevant authority, 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 subsection (3)(b), the relevant authority shall, within three months of their receiving notice of the appropriate 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.

5 In this section—

“agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970;
“the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32;
“management agreement” means—
1. in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and
2. in relation to Wales, an agreement under section 39 or under section 16 of the Environment (Wales) Act 2016;
“the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England and in relation to Wales it also includes the Natural Resources Body for Wales.

5A For the purposes of this section the Broads shall be treated as a National Park (and, as respects land within the Broads, any reference in this section to the relevant authority is accordingly a reference to the Broads Authority)..

6 ^F385. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Parks¶

41A Application of sections 42 to 45 in Wales¶

In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to the Natural Resources Body for Wales.

42 Notification of agricultural operations on moor and heath in National Parks.¶

1 A National Park authority may, if satisfied that it is expedient to do so, by order apply subsection (2) to any land which is comprised in the relevant Park and which appears to them to consist of or include moor or heath.

^C23^C242 Subject to subsection (3), no person shall—

a by ploughing or otherwise convert into agricultural land any land to which this subsection applies and which is moor or heath which has not been agricultural land at any time within the preceding 20 years; or

b carry out on any such land any other agricultural operation or any forestry operation which (in either case) appears to the National Park authority to be likely to affect its character or appearance and is specified in the order applying this subsection to that land.

3 Subsection (2) shall not apply in relation to any operation carried out, or caused or permitted to be carried out, by the owner or occupier of the land if—

a one of them has, after the coming into force of the order, given the National Park authority written notice of a proposal to carry out the operation, specifying its nature and the land on which it is proposed to carry it out; and

b one of the conditions specified in subsection (4) is satisfied.

4 The said conditions are—

a that the National Park authority have given their consent to the carrying out of the operation;

b where that authority have neither given nor refused their consent, that three months have expired from the giving of the notice; and

c where that authority have refused their consent, that twelve months have expired from the giving of the notice.

5 A person who, without reasonable excuse, contravenes subsection (2) shall be liable—

a on summary conviction, to a fine not exceeding the statutory maximum;

b on conviction on indictment, to a fine.

6 Where the National Park authority are given notice under this section in respect of any land, the authority shall forthwith send copies of the notice to Natural England .

7 In considering for the purposes of this section whether land has been agricultural land within the preceding 20 years, no account shall be taken of any conversion of the land into agricultural land which was unlawful under the provisions of this section or section 14 of the 1968 Act.

8 An order under this section shall be made by statutory instrument and the Statutory Instruments Act 1946 shall apply to such an instrument as if the order had been made by a Minister of the Crown.

9 The said section 14 (which is superseded by this section) shall cease to have effect; but this section shall have effect as if any order under that section in force immediately before the coming into force of this section had been made under this section.

^C2543 Maps of National Parks showing certain areas of moor or heath.¶

1 Every local planning authority whose area comprises the whole or any part of a National Park shall—

a before the expiration of the period of two years beginning with the relevant date, prepare a map of the Park or the part thereof showing any areas to which this section applies whose natural beauty it is, in the opinion of the authority, particularly important to conserve; and

b at intervals of not more than five years review the particulars contained in the map and make such revisions thereof (if any) as may be requisite.

1A In considering under subsection (1) whether any area to which this section applies is one whose natural beauty it is particularly important to conserve, a local planning authority shall act in accordance with the guidelines from time to time issued ^F398 . . . under subsection (1B).

1B Natural England shall issue guidelines for the guidance of county planning authorities in considering as mentioned in subsection (1A), and Natural England may from time to time revise any guidelines so issued.

1C Before issuing or revising any guidelines under subsection (1B) Natural England shall consult such bodies as appear to them to represent interests concerned; and before preparing or revising any map under subsection (1) a local planning authority shall consult such bodies as appear to the authority to represent interests concerned with matters affecting the Park or part of the Park in question.

2 The authority shall cause a map prepared or revised in pursuance of subsection (1) to be printed, and shall cause copies thereof to be put on sale to the public at such price as the authority may determine.

3 This section applies to any area of mountain, moor, heath, woodland, down, cliff or foreshore (including any bank, barrier, dune, beach, flat or other land adjacent to the foreshore); and in this section “the relevant date” means the date of issue of the first guidelines under subsection (1B).

44 Grants and loans for purposes of National Parks.¶

^F4031 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1A ^F405. . .the National Park authority for such a Park may give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the authority, is conducive to the attainment in the Park in question of any of the purposes mentioned in section 5(1) of the 1949 Act (purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).

2 On making a grant or loan under this section the authority in question may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.

3 The authority in question shall so exercise their powers under subsection (2) as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted, whether on payment or otherwise, shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, insofar as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled.

4 For the purposes of this section the Broads Authority shall be treated as a National Park authority and the Broads as a National Park for which it is the local planning authority.

45 Power to vary order designating National Park.¶

1 Natural England(as well as the Secretary of State) shall have power to make an order amending an order made under section 5 of the 1949 Act designating a National Park ^F411. . . , and—

a section 7(5) and (6) of that Act (consultation and publicity in connection with orders under section 5 or 7) shall apply to an order under this section as they apply to an order under section 7(4) of that Act with the substitution for the reference in section 7(5) to the Secretary of State of a reference to Natural England ; and

b Schedule 1 to that Act (procedure in connection with the making and confirmation of orders under section 5 or 7) shall apply to an order under this section as it applies to an order designating a National Park.

2 ^F412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F41346 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Miscellaneous and supplemental¶

^F76647 Grants to the Countryside Council for Wales¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F416¶

49 Extension of power to appoint wardens.¶

1 This section applies to any land in a National Park or in the countryside if—

a the public are allowed access to the land; and

b there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority, the Natural Resources Body for Wales or Natural England to appoint wardens as respects that land.

2 Subject to subsections (3) and (4) the power conferred on a local authority by section 92(1) of the 1949 Act (appointment of wardens) shall include a power, exercisable only with the agreement of the owner and of the occupier of any land to which this section applies, to appoint persons to act as wardens as respects that land.

3 The only purpose for which wardens may be appointed by virtue of subsection (2) is to advise and assist the public.

4 Notwithstanding the provisions of section 41(8) of the 1968 Act (Natural England or the Natural Resources Body for Wales to be local authority for purposes of section 92 of the 1949 Act), nothing in this section shall be construed as conferring on Natural England or the Natural Resources Body for Wales any additional power to appoint wardens.

^C26^E4950 Payments under certain agreements offered by authorities.¶

1 This section applies where—

a Natural England or the Natural Resources Body for Wales offer to enter into a nature reserve agreement or an SSSI agreement ^F806... providing for the making by them of payments to any person; or

b the relevant authority offer to enter into a management agreement providing for the making by them of payments to a person whose application for a farm capital grant has been refused in consequence of an objection by the authority.

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

3 If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator ^F422. . . to be appointed, in default of agreement, by the Secretary of State; and 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 ^F422. . . 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.

4 In this section—

“farm capital grant” has the same meaning as in section 32;
“management agreement” and “the relevant authority” have the same meanings as in section 41.
“nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;
“SSSI agreement” has the same meaning as in section 15A of the 1968 Act.

^E51^C2751 Powers of entry.¶

1 Any person authorised in writing by the relevant authority may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes—

a to determine whether the land should be notified under section 28(1);

b to assess the condition of the flora, fauna, or geological or physiographical features by reason of which land which has been notified under section 28(1) is of special interest;

c to determine whether or not to offer to enter into a nature reserve agreement or an SSSI agreement ^F807... in relation to the land;

d to ascertain whether a condition to which a consent referred to in section 28E(3)(a) was subject has been complied with in relation to the land;

e to ascertain whether an offence under section 28P or under byelaws made by virtue of section 28R is being, or has been, committed on or in relation to the land;

f to formulate a management scheme for the land or determine whether a management scheme (or a proposed management scheme) for the land should be modified;

g to prepare a management notice for the land;

h to ascertain whether the terms of a nature reserve agreement or an SSSI agreement ^F808... in relation to the land, or the terms of a management scheme or the requirements of a management notice in relation to the land, have been complied with;

i to determine whether or not to offer to make a payment under section 28M in relation to the land;

j to determine any question in relation to the acquisition of the land by agreement or compulsorily;

k to determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act;

ka for the purposes of putting up, maintaining or removing notices or signs under section 28S;

l to ascertain whether an order should be made in relation to the land under section 34 or if an offence under that section is being, or has been, committed on the land;

m to ascertain whether an order should be made in relation to the land under section 42 or if an offence under that section is being, or has been, committed on the land;

but nothing in this subsection shall authorise any person to enter a dwelling.

1A The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1).

1B More than one person may be authorised for the time being under subsection (1) to enter any land.

2 In subsection (1) “the relevant authority” means—

a for the purposes of paragraphs (a) to (ka) of that subsection, Natural England or the Natural Resources Body for Wales;

b for the purposes of paragraph (l) of that subsection, the Secretary of State or the relevant authority within the meaning of section 34;

c for the purposes of paragraph (m) of that subsection, ^F433. . . the National Park authority.

2A In subsection (1)—

“nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;
“SSSI agreement” has the same meaning as in section 15A of the 1968 Act.

3 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 section 28P, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land.

3A A person acting in the exercise of a power conferred by subsection (1) may—

a use a vehicle or a boat to enter the land;

b take a constable with him if he reasonably believes he is likely to be obstructed;

c take with him equipment and materials needed for the purpose for which he is exercising the power of entry;

d take samples of the land and of anything on it.

3B If in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.

4 Any person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

5 It is the duty of a relevant authority to compensate any person who has sustained damage as a result of—

a the exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, or

b the failure of a person so authorised to perform the duty imposed on him by subsection (3B),

except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person’s entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State.

51A Summary prosecutions¶

1 Proceedings in England and Wales for a summary offence under this Part may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

2 But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

3 For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

4 A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

52 Interpretation of Part II.¶

1 In this Part, unless the context otherwise requires,—

“agricultural land” does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land;
“estuarial waters” has the meaning given by section 28(9A);
“the Ministers”, in the application of this Part to England, means the Secretary of State and the Minister of Agriculture, Fisheries and Food, and, in the application of this Part to Scotland or Wales, means the Secretary of State.
^F440. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
^F441. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“notice” and “notification” mean notice or notification in writing;
“site of special scientific interest” means an area of land which has been notified under section 28(1)(b);

^C282 In the application of this Part to England (except as respects a National Park for which a National Park authority is the local planning authority, a metropolitan county or Greater London) ^F445 . . . references to a local planning authority shall be construed—

^F446a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b ^F447 . . . as references to a county planning authority and a district planning authority;

and in the application of this Part to Scotland references to a local planning authority shall be construed as references to a regional planning authority, a general planning authority and a district planning authority and, in sections 28 to 28D, shall also be construed in accordance with section 28(10);.

2A Where a notification under section 28(1)(b) has been—

a modified under section 28(5)(b),

b varied under section 28A(3), or

c varied with modifications under section 28A(5)(b),

d extended under section 28B(2), or

e extended with modifications by virtue of section 28B(7),

a reference to such a notification (however expressed) is (unless the context otherwise requires) a reference to the notification as thus altered.

2B References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28C(9).

2C For the purposes of this Part, in relation to land in England and Wales which is common land subject to rights of common (within the meaning of the Commons Act 2006), “occupier” includes the commoners or any of them; and

a “common land” means common land as defined in section 22 of the ^M34 Commons Registration Act 1965; and

b “commoner” means a person with rights of common as defined in that section.

the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land

3 References in this Part to the conservation of the natural beauty of any land shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features.

4 Section 114 of the 1949 Act shall apply for the construction of this Part.

5 ^F450. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Public Rights of Way¶

Ascertainment of public rights of way¶

^C2953 Duty to keep definitive map and statement under continuous review.¶

1 In this Part “definitive map and statement”, in relation to any area, means, subject to section 57(3) and 57A(1),—

a the latest revised map and statement prepared in definitive form for that area under section 33 of the 1949 Act; or

b where no such map and statement have been so prepared, the original definitive map and statement prepared for that area under section 32 of that Act; or

c where no such map and statement have been so prepared, the map and statement prepared for that area under section 55(3).

2 As regards every definitive map and statement, the surveying authority shall—

a as soon as reasonably practicable after the commencement date, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence, before that date, of any of the events specified in subsection (3); and

b as from that date, keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence, on or after that date, of any of those events, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of that event.

3 The events referred to in subsection (2) are as follows—

^C52a the coming into operation of any enactment or instrument, or any other event, whereby—

^C48^C49i a highway shown or required to be shown in the map and statement has been authorised to be stopped up, diverted, widened or extended;

ii a highway shown or required to be shown in the map and statement as a highway of a particular description has ceased to be a highway of that description; or

iii a new right of way has been created over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path or a restricted byway;

b the expiration, in relation to any way in the area to which the map relates, of any period such that the enjoyment by the public of the way during that period raises a presumption that the way has been dedicated as a public path or restricted byway ;

c the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows—

i that a right of way which is not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path , a restricted byway or, subject to section 54A, a byway open to all traffic;

ii that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description; or

iii that there is no public right of way over land shown in the map and statement as a highway of any description, or any other particulars contained in the map and statement require modification.

4 The modifications which may be made by an order under subsection (2) shall include the addition to the statement of particulars as to—

a the position and width of any public path , restricted byway or byway open to all traffic which is or is to be shown on the map; and

b any limitations or conditions affecting the public right of way thereover.

4A Subsection (4B) applies to evidence which, when considered with all other relevant evidence available to the surveying authority, shows as respects a way shown in a definitive map and statement as a restricted byway that the public have, and had immediately before the commencement of section 47 of the Countryside and Rights of Way Act 2000, a right of way for vehicular and all other kinds of traffic over that way.

4B For the purposes of subsection (3)(c)(ii), such evidence is evidence which, when so considered, shows that the way concerned ought, subject to section 54A, to be shown in the definitive map and statement as a byway open to all traffic.

5 Any person may apply to the authority for an order under subsection (2) which makes such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (b) or (c) of subsection (3); and the provisions of Schedule 14 shall have effect as to the making and determination of applications under this subsection.

5A Evidence to which subsection (4B) applies on the commencement of section 47 of the Countryside and Rights of Way Act 2000 shall for the purposes of subsection (5) and any application made under it be treated as not having been discovered by the surveying authority before the commencement of that section.

6 Orders under subsection (2) which make only such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (a) of subsection (3) shall take effect on their being made; and the provisions of Schedule 15 shall have effect as to the making, validity and date of coming into operation of other orders under subsection (2).

53A Power to include modifications in other orders.¶

1 This section applies to any order—

a which is of a description prescribed by regulations made by the Secretary of State,

b whose coming into operation would, as regards any definitive map and statement, be an event within section 53(3)(a),

c which is made by the surveying authority, and

d which does not affect land outside the authority’s area.

2 The authority may include in the order such provision as it would be required to make under section 53(2)(b) in consequence of the coming into operation of the other provisions of the order.

3 An authority which has included any provision in an order by virtue of subsection (2)—

a may at any time before the order comes into operation, and

b shall, if the order becomes subject to special parliamentary procedure,

withdraw the order and substitute for it an order otherwise identical but omitting any provision so included.

4 Anything done for the purposes of any enactment in relation to an order withdrawn under subsection (3) shall be treated for those purposes as done in relation to the substituted order.

5 No requirement for the confirmation of an order applies to provisions included in the order by virtue of subsection (2), but any power to modify an order includes power to make consequential modifications to any provision so included.

6 Provisions included in an order by virtue of subsection (2) shall take effect on the date specified under section 56(3A) as the relevant date.

7 Where any enactment provides for questioning the validity of an order on any grounds, the validity of any provision included by virtue of subsection (2) may be questioned in the same way on the grounds—

a that it is not within the powers of this Part, or

b that any requirement of this Part or of regulations made under it has not been complied with.

8 Subject to subsections (5) to (7), the Secretary of State may by regulations provide that any procedural requirement as to the making or coming into operation of an order to which this section applies shall not apply, or shall apply with modifications prescribed by the regulations, to so much of the order as contains provision included by virtue of subsection (2).

9 Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

53B Register of applications under section 53.¶

1 Every surveying authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 53(5).

2 The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with.

3 Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications under section 53(5) as may be prescribed.

4 Regulations may make provision—

a for a specified part of the register to contain copies of applications and of the maps submitted with them, and

b for the entry relating to any application, and everything relating to it, to be removed from any part of the register when—

i the application (including any appeal to the Secretary of State) has been finally disposed of, and

ii if an order is made, a decision has been made to confirm or not to confirm the order,

(without prejudice to the inclusion of any different entry relating to it in another part of the register).

5 Every register kept under this section shall be available for inspection free of charge at all reasonable hours.

6 In this section—

“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State by statutory instrument;

and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

54 Duty to reclassify roads used as public paths.¶

^F464. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54A BOATs not to be added to definitive maps.¶

1 No order under this Part shall, after the cut-off date, modify a definitive map and statement so as to show as a byway open to all traffic any way not shown in the map and statement as a highway of any description.

2 In this section “the cut-off date” means, subject to regulations under subsection (3), 1st January 2026.

3 The Secretary of State may make regulations—

a substituting as the cut-off date a date later than the date specified in subsection (2) or for the time being substituted under this paragraph;

b containing such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the operation of subsection (1), including in particular its operation in relation to—

i an order under section 53(2) for which on the cut-off date an application is pending,

ii an order under this Part which on that date has been made but not confirmed,

iii an order under section 55 made after that date, or

iv an order under this Part relating to any way as respects which such an order, or any provision of such an order, has after that date been to any extent quashed.

4 Regulations under subsection (3)(a)—

a may specify different dates for different areas; but

b may not specify a date later than 1st January 2031, except as respects an area within subsection (5).

5 An area is within this subsection if it is in—

a the Isles of Scilly, or

b an area which, at any time before the repeal by section 73 of this Act of sections 27 to 34 of the 1949 Act—

i was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or

ii would have been so excluded but for a resolution having effect under section 35(2) of that Act.

6 Where by virtue of regulations under subsection (3) there are different cut-off dates for areas into which different parts of any way extend, the cut-off date in relation to that way is the later or latest of those dates.

7 Where it appears to the Secretary of State that any provision of this Part can by virtue of subsection (1) have no further application he may by order make such amendments or repeals in this Part as appear to him to be, in consequence, necessary or expedient.

8 An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

55 No further surveys or reviews under the 1949 Act.¶

1 No survey under sections 27 to 32 of the 1949 Act, or review under section 33 of that Act, shall be begun after the commencement date; and where on that date a surveying authority have not completed such a survey or review begun earlier, the Secretary of State may, after consultation with the authority, direct the authority—

a to complete the survey or review; or

b to abandon the survey or review to such extent as may be specified in the direction.

2 Where such a survey or review so begun is abandoned, the Secretary of State shall give such notice of the abandonment as appears to him requisite.

3 Where, in relation to any area, no such survey has been so begun or such a survey so begun is abandoned, the surveying authority shall prepare for that area a map and statement such that, when they have been modified in accordance with the provisions of this Part, they will serve as the definitive map and statement for that area.

4 Where such a survey so begun is abandoned after a draft map and statement have been prepared and the period for making representations or objections has expired, the authority shall by order modify the map and statement prepared under subsection (3) so as—

a to give effect to any determination or decision of the authority under section 29(3) or (4) of the 1949 Act in respect of which either there is no right of appeal or no notice of appeal has been duly served;

b to give effect to any decision of the Secretary of State under section 29(6) of that Act; and

c to show any particulars shown in the draft map and statement with respect to which no representation or objection has been duly made, or in relation to which all such representations or objections had been withdrawn.

5 Where such a review so begun is abandoned after a draft map and statement have been prepared and the period for making representations or objections has expired, the authority shall by order modify the map and statement under review so as—

a to give effect to any decision of the Secretary of State under paragraph 4(4) of Part II of Schedule 3 to the 1968 Act; and

b to show any particulars shown in the draft map and statement but not in the map and statement under review, and to omit any particulars shown in the map and statement under review but not in the draft map and statement, being (in either case) particulars with respect to which no representation or objection has been duly made, or in relation to which all such representations or objections have been withdrawn.

6 Orders under subsection (4) or (5) shall take effect on their being made.

7 Every way which—

a in pursuance of an order under subsection (5) is shown in a definitive map and statement as a byway open to all traffic, a bridleway or a footpath, and

b before the making of the order, was shown in the map and statement under review as a road used as a public path,

shall be a highway maintainable at the public expense.

8 Subsection (7) does not oblige a highway authority to provide, on a way shown in a definitive map and statement as a byway open to all traffic, a metalled carriage-way or a carriage-way which is by any other means provided with a surface suitable for the passage of vehicles.

56 Effect of definitive map and statement.¶

1 A definitive map and statement shall be conclusive evidence as to the particulars contained therein to the following extent, namely—

a where the map shows a footpath, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover a right of way on foot, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than that right;

b where the map shows a bridleway, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way on foot and a right of way on horseback or leading a horse, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than those rights;

c where the map shows a byway open to all traffic, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way for vehicular and all other kinds of traffic;

d where the map shows a restricted byway, the map shall , subject to subsection (2A), be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way on foot and a right of way on horseback or leading a horse together with a right of way for vehicles other than mechanically propelled vehicles, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than those rights; and

e where by virtue of the foregoing paragraphs the map is conclusive evidence, as at any date, as to a highway shown thereon, any particulars contained in the statement as to the position or width thereof shall be conclusive evidence as to the position or width thereof at that date, and any particulars so contained as to limitations or conditions affecting the public right of way shall be conclusive evidence that at the said date the said right was subject to those limitations or conditions, but without prejudice to any question whether the right was subject to any other limitations or conditions at that date.

1A In subsection (1)(d) “mechanically propelled vehicle” does not include an electrically assisted pedal cycle of a class prescribed for the purposes of section 189(1)(c) of the ^M35Road Traffic Act 1988.

2 For the purposes of this section “the relevant date”—

a in relation to any way which is shown on the map otherwise than in pursuance of an order under the foregoing provisions of this Part or an order to which section 53A applies which includes provision made by virtue of subsection (2) of that section, means , subject to subsection (2A), the date specified in the statement as the relevant date for the purposes of the map;

b in relation to any way which is shown on the map in pursuance of such an order, means the date which, in accordance with subsection (3) or (3A), is specified in the order as the relevant date for the purposes of the order.

2A In the case of a map prepared before the date of the coming into force of section 47 of the Countryside and Rights of Way Act 2000—

a subsection (1)(d) and (e) have effect subject to the operation of any enactment or instrument, and to any other event, whereby a way shown on the map as a restricted byway has, on or before that date—

i been authorised to be stopped up, diverted or widened, or

ii become a public path, and

b subsection (2)(a) has effect in relation to any way so shown with the substitution of that date for the date mentioned there.

3 Every order under the foregoing provisions of this Part shall specify, as the relevant date for the purposes of the order, such date, not being earlier than six months before the making of the order, as the authority may determine.

3A Every order to which section 53A applies which includes provision made by virtue of subsection (2) of that section shall specify, as the relevant date for the purposes of the order, such date as the authority may in accordance with regulations made by the Secretary of State determine.

4 A document purporting to be certified on behalf of the surveying authority to be a copy of or of any part of a definitive map or statement as modified in accordance with the provisions of this Part shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.

4A Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5 ^F476. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57 Supplementary provisions as to definitive maps and statements.¶

1 An order under the foregoing provisions of this Part shall be in such form as may be prescribed by regulations made by the Secretary of State, and shall contain a map, on such scale as may be so prescribed, showing the modifications to which the order relates.

2 Regulations made by the Secretary of State may prescribe the scale on which maps are to be prepared under subsection (1) or any other provision of this Part, and the method of showing in definitive maps and statements anything which is required to be so shown.

3 Where, in the case of a definitive map and statement for any area which have been modified in accordance with the foregoing provisions of this Part, it appears to the surveying authority expedient to do so, they may prepare a copy of that map and statement as so modified; and where they do so, the map and statement so prepared, and not the map and statement so modified, shall be regarded for the purposes of the foregoing provisions of this Part , and for the purposes of section 57A(1), as the definitive map and statement for that area.

3A Where as respects any definitive map and statement the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, the map and statement are to be regarded for the purposes of subsection (3) as having been modified in accordance with the foregoing provisions of this Part whether or not, as respects the map and statement, the requirements of section 54 have been complied with.

4 The statement prepared under subsection (3) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine.

5 As regards every definitive map and statement, the surveying authority shall keep—

a a copy of the map and statement; and

b copies of all orders under this Part modifying the map and statement,

available for inspection free of charge at all reasonable hours at one or more places in each district comprised in the area to which the map and statement relate and, so far as appears practicable to the surveying authority, a place in each parish so comprised; and the authority shall be deemed to comply with the requirement to keep such copies available for inspection in a district or parish if they keep available for inspection there a copy of so much of the map and statement and copies of so many of the orders as relate to the district or parish.

5A Subsection (5) shall apply in relation to land in Wales as if “in each district comprised” were omitted.

6 Notwithstanding anything in subsection (5), an authority shall not be required to keep available for inspection more than one copy of—

a any definitive map and statement; or

b each order under this Part modifying the map and statement,

if, as respects the area to which that map and statement relate, a subsequent map and statement have been prepared under subsection (3); and the said single copies may be kept in such place in the area of the authority as they may determine.

6A In subsection (1), the reference to an order under the foregoing provisions of this Part includes a reference to so much of an order to which section 53A applies as contains provision made by virtue of subsection (2) of that section; and subsections (5) and (6) apply to—

a orders to which section 53A applies modifying the map and statement, and

b such documents relating to them as may be prescribed by regulations made by the Secretary of State,

as those subsections apply to orders under this Part modifying the map and statement.

6B Regulations under paragraph (b) of subsection (6A) may require any document to be prepared by a surveying authority for the purposes of that paragraph, and any such document shall be in such form as may be prescribed by the regulations.

6C Regulations made by the Secretary of State may require any surveying authority—

a to keep such other documents as may be prescribed by the regulations available for inspection at such times and places and in such manner as may be so prescribed, or

b to provide to any other surveying authority any document so prescribed which that authority is, by regulations under paragraph (a), required to keep available for inspection.

7 Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the provisions of this Part including, in particular, section 53(5) and subsection (5).

8 Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

57A Consolidation of definitive maps and statements.¶

1 Where—

a different definitive maps and statements relate to different parts of a surveying authority’s area,

b as respects so much of each definitive map and statement as relates to that area the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, and

c there is no part of that area to which no definitive map and statement relate,

the authority may, if it appears to them expedient to do so, prepare a map and statement comprising copies of so much of each definitive map and statement as relates to the authority’s area; and where they do so the map and statement so prepared and not, so far as copied, the earlier maps and statements shall be regarded for the purposes of sections 53 to 56 and 57(2) and (3) as the definitive map and statement for the area to which they relate.

2 The power conferred by subsection (1) is not exercisable by a surveying authority if the definitive map and statement relating to any part of the authority’s area is a map and statement in respect of which a review under section 33 of the 1949 Act was begun before the commencement date but has been neither abandoned in pursuance of a direction under section 55(1) nor completed.

3 References in subsection (1) to a definitive map and statement are, in the case of a map and statement modified in accordance with any of the foregoing provisions of this Part, references to the map and statement as modified.

4 The statement prepared under subsection (1) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine.

5 Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the preparation by them of any map and statement under subsection (1).

58 Application of ss. 53 to 57 to inner London.¶

1 Subject to subsection (2), the foregoing provisions of this Part shall not apply to any area to which this subsection applies; and this subsection applies to any area which, immediately before 1st April 1965, formed part of the administrative county of London.

2 A London borough council may by resolution adopt the said foregoing provisions as respects any part of their area specified in the resolution, being a part to which subsection (1) applies, and those provisions shall thereupon apply accordingly.

3 Where by virtue of a resolution under subsection (2), the said foregoing provisions apply to any area, those provisions shall have effect in relation thereto as if for references to the commencement date there were substituted references to the date on which the resolution comes into operation.

Miscellaneous and supplemental¶

^C3059 Prohibition on keeping bulls on land crossed by public rights of way.¶

1 If, in a case not falling within subsection (2), the occupier of a field or enclosure crossed by a right of way to which this Part applies or a restricted byway permits a bull to be at large in the field or enclosure, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

2 Subsection (1) shall not apply to any bull which—

a does not exceed the age of ten months; or

b is not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large.

3 Nothing in any byelaws, whenever made, shall make unlawful any act which is, or but for subsection (2) would be, made unlawful by subsection (1).

4 In this section “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.

5 The Secretary of State may by order add any breed to, or remove any breed from, subsection (4); and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

^F48760 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^X561 Ploughing of public rights of way.¶

1 Section 134 of the ^M36Highways Act 1980 (ploughing of footpath or bridleway) shall have effect subject to the amendments provided for by subsections (2) to (9).

2 Subsection (3) (7 days’ notice of intention to plough) shall be omitted.

3 In subsection (4) (duty to resore surface of footpath or bridleway), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

4 In subsection (5) (failure to comply with subsection (3) or (4)) the words “(3) or” shall be omitted, for paragraphs (a) and (b) there shall be substituted the words “to a fine not exceeding £200” and for the words “subsection (4)”, in the second place where they occur, there shall be substituted the words “that subsection”.

5 After that subsection there shall be inserted the following subsection—

6 In subsection (6) (enforcement of subsections (3) to (5)) for the words “subsections (3) to (5) above as respects any footpath or bridleway” there shall be substituted the words “subsections (4) to (5A) above as respects any footpath, bridleway or other highway”.

7 In subsection (7) (proceedings by parish or community councils) after the words “subsection (4)” there shall be inserted the words “or (5A)”.

8 In subsection (8) (power of competent authority to restore surface of footpath or bridleway) for the words “footpath or bridleway” there shall be substituted the words “footpath, bridleway or other highway”.

9 In subsection (10) (competent authorities for the purposes of subsections (8) and (9)) for the words “footpath or bridleway”, in both places where they occur, there shall be substituted the words “footpath, bridleway or other highway”.

10 In section 135(1) of the said Act of 1980 (temporary diversion of footpath or bridleway ploughed up under section 134) the words “6 or” and “6 weeks or” shall be omitted.

^C31^C3262 Appointment of wardens for public rights of way.¶

A local authority may appoint such number of persons as appears to the authority to be necessary or expedient to act as wardens as respects a footpath, bridleway , restricted byway or byway open to all traffic which is both in the countryside and in the area of the authority, and the purpose for which the wardens may be so appointed is to advise and assist the public in connection with the use of the path or way.

63 Orders creating, extinguishing or diverting footpaths and bridleways.¶

The enactments mentioned in Schedule 16 (which relate to the making and confirmation of certain orders creating, extinguishing or diverting footpaths and bridleways) shall have effect subject to the amendments provided for in that Schedule.

^X664 Publication of dedication of footpaths and bridleways.¶

At the end of section 25 of the ^M37 Highways Act 1980 (creation of footpath or bridleway by agreement) there shall be inserted the following subsection—

^X765 Signposting of byways open to all traffic.¶

1 In section 27 of the 1968 Act (signposting of footpaths and bridleways) for the words “or bridleway”, wherever they occur, there shall be substituted the words “bridleway or byway” ; and for the words “and bridleways” in subsection (6) of that section there shall be substituted the words “bridleways and byways”.

2 After subsection (7) of that section there shall be inserted the following subsection—

66 Interpretation of Part III.¶

1 In this Part—

“bridleway” means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway;
“byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used;
“definitive map and statement” has the meaning given by section 53(1);
“footpath” means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road;
“horse” includes a pony, ass and mule, and “horseback” shall be construed accordingly;
“public path” means a highway being either a footpath or a bridleway;
“restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;
“right of way to which this Part applies” means a right of way such that the land over which the right subsists is a public path or a byway open to all traffic;
“surveying authority”, in relation to any area, means the county council, county borough council, metropolitan district council, or London borough council whose area includes that area.

2 A highway at the side of a river, canal or other inland navigation shall not be excluded from any definition contained in subsection (1) by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover.

3 The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part.

Part IV Miscellaneous and General¶

66A Application of Part 1 to Crown¶

1 Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown.

2 No contravention by the Crown of any provision of Part 1 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.

3 Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons.

4 But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown.

5 Nothing in this Part affects Her Majesty in her private capacity.

6 Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

66B Application of Part 1 to Crown: Scotland¶

1 Subject to subsections (2) to (5), Part 1 (including regulations and orders made under it) bind the Crown.

2 No contravention by the Crown of any provision made by or under Part 1 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.

3 Despite subsection (2), any provision made by or under Part 1 applies to persons in the public service of the Crown as it applies to other persons.

4 A species control order may be made under section 14D in relation to Crown land only with the consent of the appropriate authority.

5 The powers conferred by sections 14M and 19ZC are exercisable in relation to Crown land only with the consent of the appropriate authority.

6 In this section, “Crown land” means an interest in land which—

a belongs to Her Majesty in right of the Crown;

b belongs to Her Majesty in right of Her private estates;

c belongs to an office-holder in the Scottish Administration or is held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration; or

d belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

7 In this section, the “appropriate authority”—

a in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;

b in the case of any other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration who or, as the case may be, government department which manages the land or the relevant person;

c in the case of land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers;

d in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration, means that office-holder;

e in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that government department.

7A In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

8 The references in subsections (6)(b) and (7)(c) to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).

9 It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any land, and their decision is final.

^C3367 Application of Parts 2 and 3 to Crown land¶

1 Subject to the following provisions of this section, Part II, except section 51, and Part III shall apply to Crown land, that is to say, land an interest in which belongs to Her Majesty in the right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for Her Majesty for the purposes of a Government department.

1A An interest in Crown land, other than one held by or on behalf of the Crown, may be acquired under section 28N, but only with the consent of the appropriate authority.

1B Byelaws made by virtue of section 28R may apply to Crown land if the appropriate authority consents.

2 No order shall be made under section ^F495. . . 34 . . . or 42 in relation to Crown land unless the appropriate authority has consented to the making of that order.

3 An agreement under section 39 as respects any interest in Crown land, other than an interest held by or on behalf of the Crown, shall not have effect unless approved by the appropriate authority.

4 Section 101(11) of the 1949 Act (Crown land) shall apply for the construction of references in this section to the appropriate authority.

68 Application to the Isles of Scilly.¶

The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide for the application of the provisions of Part II or III to the Isles of Scilly as if those Isles were a separate county; any any such order may provide for the application of those provisions to those Isles subject to such modifications as may be specified in the order.

69 Offences by bodies corporate etc.¶

1 Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

2 Where the affairs of a body corporate are managed by its members subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

69A Offences by Scottish partnerships etc.¶

Where a Scottish partnership or other unincorporated association is guilty of an offence under Part 1 of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

a in relation to a Scottish partnership, any partner or any person who was purporting to act in such capacity;

b in relation to an unincorporated association other than a Scottish partnership, any person who is concerned in the management or control of the association or any person who was purporting to act in any such capacity,

he (as well as the partnership or, as the case may be, other unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

70 Financial provisions.¶

1 There shall be defrayed out of money provided by Parliament—

a any administrative expenses incurred by any Minister of the Crown under this Act; and

b any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.

2 Any sums received by a Minister of the Crown under this Act shall be paid into the Consolidated Fund.

^C3470A Service of notices.¶

1 Subject to subsection (2), section 329 of the ^M38Town and Country Planning Act 1990 and section 271 of the Town and Country Planning (Scotland) Act 1997 (which provide for the service of notices and other documents) shall apply to notices and other documents required or authorised to be served or given under this Act.

2 Subsections (2) and (3) of the said section 329 shall not apply to a notice required to be served under paragraph 2 of Schedule 14.

2A Subsection (1)(cc) of the said section 271 shall not apply to a notice required to be served under section 14G.

2B Subsection (2) of the said section 271 shall not apply to a notice required to be served under section 14D(5)(a).

3 This section shall not affect the operation of paragraph 2(4) of Schedule 11 or paragraph 3(4) of Schedule 15.

70B Effect of failure to serve certain notices¶

1 This section applies where the relevant conservation body—

a has (whether before or after the commencement of this section) taken all reasonable steps to ensure that, under any provision listed in subsection (2), notice is served on every owner and occupier of any land to which the notice relates, but

b has failed to do so.

2 The provisions are—

a section 28(1) (notification of SSSI);

b section 28(5) (confirmation or withdrawal of notification of SSSI);

c section 28A(3) (notice varying notification under section 28);

d section 28A(5) (notice confirming or withdrawing variation of notification);

e section 28B(2) (notification of additional land to be included in SSSI);

f section 28B(7) (confirmation or withdrawal of notification);

g section 28C(2) (notification of enlargement of SSSI);

h section 28C(3) (confirmation or withdrawal of notification of enlargement);

i section 28D(2) (denotification);

j section 28D(5) (withdrawal or confirmation of denotification);

k section 28J(3) (notice of proposed management scheme);

l section 28J(8) (withdrawal or confirmation of management scheme).

3 The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.

4 For the purposes of sections 28 to 28Q, the time when the notice is to be treated as having been served is the time when the relevant conservation body took the last of the steps referred to in subsection (1)(a).

5 If the relevant conservation body becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.

6 Nothing in subsection (3) or (4) renders the owner or occupier liable—

a in relation to anything done or omitted to be done before the commencement of this section, or

b under section 28P(1) or 28Q(4) in relation to anything done or omitted to be done before the copy of the notice is served under subsection (5).

7 “The relevant conservation body” means—

a in relation to land in an area in England—

i subject to sub-paragraph (ii), Natural England;

ii in relation to any time before the commencement of section 27AA, English Nature;

b in relation to land in an area in Wales, the Natural Resources Body for Wales.

71 General interpretation.¶

1 In this Act—

“the ^M391949 Act” means the National Parks and Access to the Countryside Act 1949;
“the ^M401968 Act” means the Countryside Act 1968;
“the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
“the commencement date”, in relation to any provision of this Act and any area, means the date of the coming into force of that provision in that area;
“London borough council” includes the Common Council of the City of London;
“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;
^F503.

2 For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae.

72 Minor amendments.¶

^F5051 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^X82 In section 20(2) of the ^M41 Hill Farming Act 1946 (penalty for contravening regulations with respect to the burning of heather and grass) as originally enacted for the words from “five pounds” onwards there shall be substituted the words “£200”.

^X83 In sections 27 of that Act (penalty for contravening the provisions of that Act relating to muirburn) for the words from “five pounds” onwards there shall be substituted the words “£200”.

^X84 In section 39 of the ^M42 Agriculture (Scotland) Act 1948 for the words “the First Schedule to the Protection of Birds Act 1954” there shall be substituted the words “Schedule I to the Wildlife and Countryside Act 1981”.

^X85 In section 11(1) of the 1949 Act (general powers of local planning authorities in relation to National Parks) after the word “accomplishment” there shall be inserted the words “of any”.

^X86 In section 74(4) of the ^M43 Public Health Act 1961 (power to reduce numbers of pigeons and other birds in built-up areas), for the words “the Protection of Birds Act 1954” there shall be substituted the words “Part I of the Wildlife and Countryside Act 1981”.

^X87 In section 2(8) of the 1968 Act (publicity and information services) for the words from “encouraging” onwards there shall be substituted the words “informing persons resorting to the countryside of their rights and obligations”.

^X88 In section 15(1) of that Act (areas of special scientific interest) the words “which is not for the time being managed as a nature reserve but” shall be omitted.

^X89 In section 37 of that Act (protection for interests in the countryside) for the words “and the Act of 1949” there shall be substituted the words “the Act of 1949 and the Wildlife and Countryside Act 1981”.

^F50610 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^X811 In section 31(10) of the ^M44 Highways Act 1980 (dedication of way as highway presumed after public use for 20 years), for the words from “subsection (4)” to “that section” there shall be substituted the words “section 56(1) of the Wildlife and Countryside Act 1981 (which provides that a definitive map and statement” and the words “or of that subsection” onwards shall be omitted.

12 Section 80 of that Act (power of highway authority to fence highways) shall have effect in relation to any area in the countryside of which walls of a particular construction are a feature, as if references to fences included references to walls of that construction ; and in exercising their powers under that section in relation to any such area, a highway authority shall have regard to the desirability of exercising the powers conferred by the foregoing provisions of this subsection.

^X813 In section 136(4) of that Act (time when hedges may not be required to be cut or pruned) immediately before the words “between the last day of September and the first day of April” there shall be inserted the word “except”.

^X814 In section 4(5) of the ^M45Zoo Licensing Act 1981 (grant or refusal of licence) the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975 shall be omitted and there shall be added at the end the following entry—“Part I of the Wildlife and Countryside Act 1981”.

73 Repeals and savings.¶

^X91 The enactments mentioned in Schedule 17 are hereby repealed to the extent specified in the third column of that Schedule.

2 Nothing in the repeals made by this section shall affect the operation of sections 27 to 32 of the 1949 Act in relation to any survey begun before the commencement date.

3 Nothing in the repeals made by this section shall affect the operation of sections 33 and 34 of the 1949 Act and Parts II, III, and IV of Schedule 3 to the 1968 Act in relation to any review begun before the commencement date.

^F5074 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74 Short title commencement and extent.¶

1 This Act may be cited as the Wildlife and Countryside Act 1981.

2 The following provisions of this Act, namely—

Part II, except sections 29 to 32, 41 and 46 to 48 and Schedule 13;
sections 59 to 62 and 65 and 66; and
Part IV, except section 72(4), (6) and (14) and section 73(1) so far as relating to Part II of Schedule 17,

shall come into force on the expiration of the period of one month beginning with the passing of this Act.

^C353 The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed under this subsection for different provisions, different purposes or different areas.

4 An order under subsection (3) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force.

5 The following provisions of this Act, namely—

sections 39, 40 and 42 to 49 and Schedule 13; and Part III, do not extend to Scotland.

5A Sections 29 and 30 extend to Scotland only.

6 This Act, except section 15(1) and Schedule 10 and, so far as regards any enactment mentioned in Schedule 17 that so extends, section 73 and that Schedule, does not extend to Northern Ireland.

SCHEDULES

SCHEDULE ZA1 ¶

Birds which re-use their nests

Common name	Scientific name
NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Osprey	Pandion haliaetus

SCHEDULE A1 ¶

Protected nests and nest sites: birds

Common name	Scientific name
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla

SCHEDULE 1 ¶

Birds which are Protected by Special Penalties

Sections 1, 2, 4, 6, 19 and 22.

Part I At All Times¶

Common name	Scientific name
Avocet	Recurvirostra avosetta
Bee-eater	Merops apiaster
Bittern	Botaurus stellaris
Bittern, Little	Ixobrychus minutus
Bluethroat	Luscinia svecica
Brambling	Fringilla montifringilla
Bunting, Cirl	Emberiza cirlus
Bunting, Lapland	Calcarius lapponicus
Bunting, Snow	Plectrophenax nivalis
Buzzard, Honey	Pernis apivorus
Capercaillie	Tetracurogallus
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
Crake, Spotted	Porzana porzana
Crossbills (all species)	Loxia
Curlew, Stone	Burhinus oedicnemus
Divers (all species)	Gavia
Dotterel	Charadrius morinellus
Duck, Long-tailed	Clangula hyemalis
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Falcon, Gyr	Falco rusticolus
Fieldfare	Turdus pilaris
Firecrest	Regulus ignicapillus
Garganey	Anas querquedula
Godwit, Black-tailed	Limosa limosa
Goshawk	Accipiter gentilis
Grebe, Black-necked	Podiceps nigricollis
Grebe, Slavonian	Podiceps auritus
Greenshank	Tringa nebularia
Gull, Little	Larus minutus
Gull, Mediterranean	Larus melanocephalus
Harriers (all species)	Circus
Heron, Purple	Ardea purpurea
Hobby	Falco subbuteo
Hoopoe	Upupa epops
Kingfisher	Alcedo atthis
Kite, Red	Milvus milvus
Merlin	Falco columbarius
Oriole, Golden	Oriolus oriolus
Osprey	Pandion haliaetus
Owl, Barn	Tyto alba
Owl, Snowy	Nyctea scandiaca
Peregrine	Falco peregrinus
Petrel, Leach’s	Oceanodroma leucorhoa
Phalarope, Red-necked	Phalaropus lobatus
Plover, Kentish	Charadrius alexandrinus
Plover, Little Ringed	Charadrius dubius
Quail, Common	Coturnix coturnix
Redstart, Black	Phoenicurus ochruros
Redwing	Turdus iliacus
Rosefinch, Scarlet	Carpodacus erythrinus
Ruff	Philomachus pugnax
Sandpiper, Green	Tringa ochropus
Sandpiper, Purple	Calidris maritima
Sandpiper, Wood	Tringa glareola
Scaup	Aythya marila
Scoter, Common	Melanitta nigra
Scoter, Velvet	Melanitta fusca
Serin	Serinus serinus
Shorelark	Eremophila alpestris
Shrike, Red-backed	Lanius collurio
Spoonbill	Platalea leucorodia
Stilt, Black-winged	Himantopus himantopus
Stint, Temminck’s	Calidris temminckii
Swan, Bewick’s	Cygnus bewickii
Swan, Whooper	Cygnus cygnus
Tern, Black	Chlidonias niger
Tern, Little	Sterna albifrons
Tern, Roseate	Sterna dougallii
Tit, Bearded	Panurus biarmicus
Tit, Crested	Parus cristatus
Treecreeper, Short-toed	Certhia brachydactyla
Warbler, Cetti’s	Cettia cetti
Warbler, Dartford	Sylvia undata
Warbler, Marsh	Acrocephalus palustris
Warbler, Savi’s	Locustella luscinioides
Whimbrel	Numenius phaeopus
Woodlark	Lullula arborea
Wryneck	Jynx torquilla

Part II During the Close Season¶

Common name	Scientific name
Goldeneye	Bucephala clangula
Goose, Greylag (in Outer Hebrides, Caithness, Sutherland and Wester Ross only)	Anser anser
Pintail	Anas acuta

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the comon name or names shall not be taken into account.

SCHEDULE 1A ¶

Birds which are Protected from Harassment

Common name	Scientific name
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Harrier, Hen	Circus cyaneus
Kite, Red	Milvus milvus

SCHEDULE 2 ¶

Birds which may be Killed or Taken

Sections 2, 3, and 22.

Part I Outside the Close Season¶

Common name	Scientific name
Capercaillie	Tetrao urogallus
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Gadwall	Anas strepera
Goldeneye	Bucephala clangula
Goose, Canada	Branta canadensis
Goose, Greylag	Anser anser
Goose, Pink-footed	Anser brachyrhynchus
Goose, White-fronted (in England and Wales only) , except ^F857... Greenland White-fronted Goose	Anser albifrons except ^F858... Anser albifrons flavirostris
Grouse, Black	Tetrao tetrix
Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Moorhen	Gallinula chloropus
Partridge, Grey	Perdix perdix
Partridge, Red-legged	Alectoris rufa
Pheasant, Common	Phasianus colchicus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Ptarmigan	Lagopus mutus
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Part IA Exception: birds included in Part I which may not be killed or taken on Sundays or Christmas Day¶

Common name	Scientific name
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Gadwall	Anas strepera
Goldeneye	Bucephala clangula
Goose, Canada	Branta canadensis
Goose, Greylag	Anser anser
Goose, Pink-footed	Anser brachyrhynchus
Mallard	Anas platyrhynchos
Moorhen	Gallinula chloropus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Part 1B Birds included in Part 1 which may only be killed or taken on land with section 16AA licence¶

Common name	Scientific name
Grouse, red	Lagopus lagopus scoticus

Part II By Authorised Persons at all Times¶

Common name	Scientific name
^F514. . .	^F514. . .
^F514. . .	^F514. . .
^F514. . .	^F514. . .
^F514. . .	^F514. . .
^F514. . .	^F514. . .
^F514. . .	^F514. . .
^F514. . .	^F514. . .
^F514. . .	^F514. . .
^F514. . .	^F514. . .
^F514. . .	^F514. . .
^F514. . .	^F514. . .
^F514. . .	^F514. . .
^F514. . .	^F514. . .

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

SCHEDULE 3 ¶

Birds which may be Sold

Sections 6 and 22.

Part I Alive at all Times if Ringed and Bred in Captivity¶

Common name	Scientific name
Blackbird	Turdus merula
Brambling	Fringilla montifringilla
Bullfinch	Pyrrhula pyrrhula
Bunting, Reed	Emberiza schoeniclus
Chaffinch	Fringilla coelebs
Dunnock	Prunella modularis
Goldfinch	Carduelis carduelis
Greenfinch	Carduelis chloris
Jackdaw	Corvus monedula
Jay	Garrulus glandarius
Linnet	Carduelis cannabina
Magpie	Pica pica
Owl, Barn	Tyto alba
Redpoll	Carduelis flammea
Siskin	Carduelis spinus
Starling	Sturnus vulgaris
Thrush, Song	Turdus philomelos
Twite	Carduelis flavirostris
Yellowhammer	Emberiza citrinella

Part IA Alive if taken in captivity or by certain persons outside close season or during first 28 days of close season¶

Common name	Scientific name
Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Partridge, Grey	Perdix perdix
Partridge, Red-legged	Alectoris rufa
Pheasant, Common	Phasianus colchicus

Part II Dead at all Times¶

Common name	Scientific name
^F515. . .	^F515. . .
Woodpigeon	Columba palumbus

Part IIA Dead if killed outside close season by certain persons¶

Common name	Scientific name
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Grouse, Black	Tetrao tetrix
Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Partridge, Grey	Perdix perdix
Partridge, Red-legged	Alectoris rufa
Pheasant, Common	Phasianus colchicus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Ptarmigan	Lagopus mutus
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Part III Dead from 1st September to 28th February¶

Common name	Scientific name
Capercaillie	Tetrao urogallus
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Mallard	Anas platyrhynchos
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

SCHEDULE 4 ¶

Birds Which Must Be Registered and Ringed if Kept in Captivity

Sections 7 and 22.

Common name	Scientific name
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F518. . .	^F518. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
Falcons (all species)	Falconidae
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case)	Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps)
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F518. . .	^F518. . .
Osprey	Pandion haliaetus
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F517. . .	^F517. . .
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F517. . .	^F517. . .
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F517. . .	^F517. . .
^F518. . .	^F518. . .
^F518. . .	^F518. . .
^F520. . .

^E53^F534SCHEDULE 5 ¶

Animals which are Protected

Sections 9, 10, 22 and 24.

Common name	Scientific name
Adder (in respect of section 9(5) only)	Vipera berus
Allis Shad (in respect of section 9(1) and (4)(a) only)	Alosa alosa
Anemone, Ivell’s Sea	Edwardsia ivelli
Anemone, Startlet Sea	Nematosella vectensis
Apus	Triops cancriformis
Bats, Horseshoe (all species but in respect of section 9(4)(b) and (c) and (5) only)	Rhinolophidae
Bats, Typical (all species but in respect of section 9(4)(b) and (c) and (5) only)	Vespertilionidae
Beetle	Graphoderus zonatus
Beetle	Hypebaeus flavipes
Beetle	Paracymus aeneus
Beetle, Lesser Silver Water	Hydrochara caraboides
Beetle, Mire Pill (in respect of section 9(4)(a) only)	Curimopsis nigrita
Beetle, Rainbow Leaf	Chrysolina cerealis
Beetle, Stag (in respect of section 9(5) only)	Lucanus cervus
Beetle, Violet Click	Limoniscus violaceus
Burbot	Lota lota
. . . ^F527	. . . ^F527
Butterfly, Northern Brown Argus	Aricia artaxerxes
Butterfly, Adonis Blue	Lysandra bellargus
Butterfly, Chalkhill Blue	Lysandra coridon
Butterfly, Silver-studded Blue	Plebejus argus
Butterfly, Small Blue	Cupido minimus
Butterfly, Large Copper	Lycaena dispar
Butterfly, Purple Emperor	Apatura iris
Butterfly, Duke of Burgandy Fritillary	Hamearis lucina
Butterfly, Glanville Fritillary	Melitaea cinxia
Butterfly, Heath Fritillary	Mellicta athalia (otherwise known as Melitaea athalia)
Butterfly, High Brown Fritillary	Argynnis adippe
Butterfly, Marsh Fritillary	Eurodryas aurinia
Butterfly, Pearl-bordered Fritillary	Boloria euphrosyne
Butterfly, Black Hairstreak	Strymonidia pruni
Butterfly, Brown Hairstreak	Thecla betulae
Butterfly, White Letter Hairstreak	Stymonida w-album
Butterfly, Large Heath	Coenonympha tullia
Butterfly, Large Blue (in respect of section 9(4)(b) and (c) and (5) only)	Maculinea arion
Butterfly, Mountain Ringlet	Erebia epiphron
. . . ^F527	. . . ^F527
Butterfly, Chequered Skipper	Carterocephalus palaemon
Butterfly, Lulworth Skipper	Thymelicus acteon
Butterfly, Silver Spotted Skipper	Hesperia comma
Butterfly, Swallowtail	Papilio machaon
Butterfly, Large tortoiseshell	Nymphalis polychloros
Butterfly, Wood White	Leptidea sinapis
Cat, Wild (in respect of section 9(4)(b) and (c) and (5) only)	Felis silverstris
Cicada, New Forest	Cicadetta montana
Crayfish, Atlantic Stream	Austropotamobius pallipes
Cricket, Field	Gryllus campestris
Cricket, Mole	Gryllotalpa gryllotalpa
Dameselfly, Southern	Coenagrion mercuriale
^F538. . .	^F538. . .
^F538. . .	^F538. . .
“Dolphins (all species but in respect of section 9(4A) and (5) only)	Cetacea”
Dormouse (in respect of section 9(4)(b) and (c) and (5) only)	Muscardinus avellanarius
Dragonfly, Norfolk Aeshna	Aeshna isosceles
Frog, Common (in respect of section 9(5) only)	Rana temporaria
Frog, Pool (Northern Clade) (in respect of section 9(4)(b) and (c)(1) only and with respect to England only)	Pelophylax lessonae
Goby, Couch’s	Gobius couchii
Goby, Giant	Gobius cobitis
Grasshopper, Wart-biter	Decticus verrucivorus
Hatchet Shell, Northern	Thyasira gouldi
Hydroid, Marine	Clavopsella navis
^F680. . .	^F680. . .
Lagoon Snail, De Folin’s	Caecum armoricum
Lagoon Worm, Tentacled (in respect of section 9(4)(a) only)	Alkmaria romijni
Leech, Medicinal	Hirudo medicinalis
Lizard, Sand (in respect of section 9(4)(b) and (c) and (5) only)	Lacerta agilis
Lizard, Viviparous (in respect of section 9(5) only)	Lacerta vivipara
Marten, Pine	Martes martes
Mat. Trembling Sea	Victorella pavida
Moth, Barberry Carpet	Pareulype berberata
Moth, Black-veined	Siona lineata (otherwise known as Idaea lineata)
^F680. . .	^F680. . .
Moth, Fiery Clearwing	Bembecia chrysidiformis
Moth, Fisher’s Estuarine(in respect of section 9(4)(b) and (c) and (5) only)	Gortyna borelii
Moth, New Forest Burnet	Zygaena viciae
Moth, Reddish Buff	Acosmetia caliginosa
Moth, Slender Scotch Burnet (in respect of section 9(5) only)	Zygaena loti subspecies scotica
Moth, Sussex Emerald	Thalera fimbrialis
Moth, Talisker Burnet (in respect of section 9(5) only)	Zygaena lonicerae subspecies jocelynae
^F532. . .	^F532. . .
Mussel, Fan (in respect of section 9(1), (2) and (5) only)	Atrina fragilis
Mussel, Freshwater Pearl	Margaritifera margaritifera
Newt, Great Crested or Warty (in respect of section 9(4)(b) and (c) and (5) only)	Triturus cristatus
Newt, Palmate (in respect of section 9(5) only)	Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)	Triturus vulgaris
Otter, Common (in respect of section 9(4)(b) and (c) and (5) only)	Lutra lutra
^F538. . .	^F538. . .
“Porpoises (all species but in respect of section 9(5) only)	Cetacea”
Sandworm, Lagoon	Armandia cirrhosa
Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only	Eunicella verrucosa
Seahorse, Short Snouted (with respect to England and Walesonly)	Hippocampus hippocampus
Seahorse, Spiny (with respect to England and Walesonly)	Hippocampus guttulatus
Sea Slug, Lagoon	Tenellia adspersa
Shad, Twaite (in respect of section 9(1) and (4)(a)only)	Alosa fallax
Shark, Angel (in respect of section 9(1), (2) and (5) only)	Squatina squatina
Shark, Basking	Cetorhinus maximus
Shrimp, Fairy	Chirocephalus diaphanus
Shrimp, Lagoon Sand (in respect of section 9(4)(a) only)	Gammarus insensiblis
Skate, White (in respect of section 9(1), (2) and (5) only)	Rostroraja alba
Slow-worm (in respect of section 9(5) only)	Anguis fragilis
^F527. . .	^F527 . . .
Snail, Glutinous	Myxas glutinosa
Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England and Walesonly)	Helix pomatia
Snail, Sandbowl	Catinella arenaria
Snake, Grass (in respect of section 9(5) only)	Natrix helvetica (also known as Natrix natrix)
Snake, Smooth (in respect of section 9(4)(b) and (c) and (5) only)	Coronella austriaca
Spider, Fen Raft	Dolomedes plantarius
Spider, Ladybird	Eresus niger
Squirrel, Red	Sciurus vulgaris
Sturgeon (in respect of section 9(4)(b) and (c) and (5) only)	Acipenser sturio
Toad, Common (in respect of section 9(5) only)	Bufo bufo
Toad, Natterjack (in respect of section 9(4)(b) and (c) and (5) only)	Bufo calamita
“Turtle, Flatback	Natator depressus”
Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only)	Chelonia mydas
Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only)	Eretmochelys imbricata
Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only)	Lepidochelys kempii
Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only)	Dermochelys coriacea
Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only)	Caretta caretta
Turtle, Olive Ridley	Lepidochelys olivacea
^F554. . .	^F554. . .
Vendace	Coregonus albula
Vole, Water ^F555. . .	Arvicola terrestris
Walrus	Odebenus rosmarus
Whale (all species) but in respect of section 9(4A) and (5) only	Cetacea
Whitefish	Coregonus lavaretus

NOTE 2. ^F685...

SCHEDULE 5A ¶

Animals which are Protected under Section 10A in their Close Season

(introduced by sections 10A and 22)

Common name	Scientific name
^F904. . .	^F905. . .
Hare, brown	Lepus europaeus

SCHEDULE 6 ¶

Animals which may not be Killed or Taken by Certain Methods

Sections 11 and 22.

Common name	Scientific name
Badger	Meles meles
Bats, Horseshoe (all species)	Rinolophidae
Bats, Typical (all species)	Vespertilionidae
Cat, Wild	Felis silvestris
Dolphin, Bottle-nosed	Tursiops truncatus (otherwise known as Tursiops tursio)
Dolphin, Common	Delphinis delphis
Dormice (all species)	Gliridae
Hedgehog	Erinaceus europaeus
Marten, Pine	Martes martes
Otter, Common	Lutra lutra
Polecat	Mustela putorius
Porpoise, Harbour (otherwise known as Common porpoise)	Phocaena phocaena
Shrews (all species)	Soricidae
Squirrel, Red	Sciurus vulgaris

SCHEDULE 6ZA ¶

Animals which may not be killed or taken by trapping or snaring

Section 11(2)

Common name	Scientific name
Badger	Meles meles
Beaver, European	Castor fiber
Marten, Pine	Martes martes
Otter, Common	Lutra lutra
Stoat (otherwise known as Ermine)	Mustela erminea

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

SCHEDULE 6A ¶

Animals not to be Poached

(introduced by sections 11G and 22)

Common name	Scientific name
Hare, mountain	Lepus timidus
Hare, brown	Lepus europaeus
Rabbit	Oryctolagus cuniculus

SCHEDULE 7 ¶

Protection of Certain Mammals Amendment of Acts In Relation To Night Shooting of Hares and Rabbits

The Ground Game Act 1880¶

1 Notwithstanding the provisions of section 6 of the ^M46 Ground Game Act 1880, it shall not be unlawful for the occupier of any land himself, or one other person authorised by him under section 1 of that Act, to use firearms for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise if (except where he has the exclusive right) the occupier has the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.

2 In this paragraph “ ground game ” means hares and rabbits.

The Agriculture (Scotland) Act 1948¶

1 Notwithstanding the provisions of section 50(1)(a) of the ^M47 Agriculture (Scotland) Act 1948, it shall not be unlawful for the owner of the shooting rights on any land or any person holding those rights from him, or subject to sub-paragraph (2) below the occupier of any land, to use a firearm for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise.

2 The occupier of any land shall not use a firearm as mentioned in sub-paragraph (1) above unless (except where he has the exclusive right) he has first obtained the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.

3 An occupier who is entitled, in terms of this paragraph, to use a firearm for the purpose of killing ground game may, subject to the provisions of section 1 of the Ground Game Act 1880, authorise one other person so to use a firearm.

4 In this paragraph “ ground game ” means hares and rabbits.

The Dogs (Protection of Livestock) Act 1953¶

^X10 3

1 At the end of subsection (2) of section 1 of the ^M48 Dogs (Protection of Livestock) Act 1953 (penalty where dog worries livestock on agricultural land) there shall be inserted the words

2 After that subsection there shall be inserted the following subsection—

The Deer Act 1963¶

^X11 4 For subsection (3) of section 10 of the ^M49 Deer Act 1963 (general exceptions) there shall be substituted the following subsections—

^X12 5

1 After section 10 of that Act there shall be inserted the following section—

10A Exceptions for authorised persons.

1 Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of—

a the taking of killing of any deer by means of shooting ; or

b the injuring of any deer by means of shooting in an attempt to take or kill it,

on any cultivated land, pasture or enclosed woodland.

2 Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of—

a the taking or killing of any deer by means of shooting ; or

b the injuring of any deer by means of shooting in an attempt to take or kill it,

on any cultivated land, pasture or enclosed woodland.

2 Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use, for the purpose of taking or killing any deer on any land, of any smooth-bore gun of not less guage than 12 bore which is loaded with—

a a cartridge containing a single non-spherical projectile weighing not less than 350 grains (22.68 grammes) ; or

b a cartridge purporting to contain shot each of which is .203 inches (5.16 millimetres) in diameter (that is to say, size AAA).

3 An authorised person shall not be entitled to rely on the defence provided by subsection (1) or (2) of this section as respects anything done in relation to any deer on any land unless he shows that—

a he had reasonable grounds for believing that caused, damage to crops, vegetables, fruit, growing timber or any other form of property on the land ;

b it was likely that further damage would be so caused and any such damage was likely to be serious ; and

c his action was necessary for the purpose of preventing any such damage.

4 The Secretary of State and the agriculture Minister acting jointly may by order, either generally or in relation to any area or any species and description of deer specified in the order, repeal subsection (2) of this section or amend it by adding any firearm or ammunition or by altering the description of, or deleting, any firearm or ammunition mentioned in it, or by adding any further conditions which must be satisfied.

5 Before making an order under subsection (4) of this section, the Secretary of State and the agriculture Minister shall consult organisations that appear to them to represent persons likely to be interested in or affected by the order.

6 In this section— “ agriculture Minister ” means the Minister of Agriculture Fisheries and Food in relation to England and the Secretary of State for Wales in relation to Wales ; “ authorised person ”means—

a the occupier of the land on which the action is taken ;

b any member of the occupier’s household normally resident on the occupier’s land, acting with the written authority of the occupier ;

c any person in the ordinary service of the occupier on the occupier’s land, acting with the written authority of the occupier ; or

d any person having the right to take or kill deer on the land on which the action is taken or any person acting with the written authority of a person having that right.

2 In sections 1(1) and 3(1) of that Act for the words “sections 10 and 11” there shall be substituted the words “sections 10, 10A and 11”.

3 For subsection (1) of section 12 of that Act (orders) there shall be substituted the following subsections—

^X13 6

1 In paragraph 1 of Schedule 2 to that Act (prohibited firearms and ammunition) the words “of less guage than 12 bore” shall be omitted.

2 In paragraph 4 of that Schedule the words from “other than” onwards shall be omitted.

The Conservation of Seals Act 1970¶

^X14 7

1 In subsection (1)(c) of section 10 of the ^M50 Conservation of Seals Act 1970 (power to grant licences), the word “or” immediately following sub-paragraph (ii) shall be omitted and after sub-paragraph (iii) there shall be inserted the words

2 In subsection (3)(b) of that section for the words from “a nature reserve” onwards there shall substituted the words “an area to which subsection (4) of this section applies”.

3 After subsection (3) of that section there shall be inserted the following subsection—

The Badgers Act 1973¶

^F561 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F562 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F563 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F564 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F565 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8 ¶

Plants which are Protected

Sections 13, 22 and 24.

Common name	Scientific name
Adder’s-tongue, Least	Ophioglossum lusitanicum
Alison, Small	Alyssum alyssoides
Anomodon, Long-leaved	Anomodon longifolius
Beech-lichen, New Forest	Enterographa elaborata
Blackwort	Southbya nigrella
Bluebell (in respect of section 13(2) only)	Hyacinthoides non-scripta
Bolete, Royal	Boletus regius
Broomrape, Bedstraw	Orobanche caryophyllacea
Broomrape, Oxtongue	Orobanche loricata
Broomrape, Thistle	Orobanche reticulata
Cabbage, Lundy	Rhynchosinapis wrightii
Calamint, Wood	Calamintha sylvatica
Caloplaca, Snow	Caloplaca nivalis
Catapyrenium, Tree	Catapyrenium psoromoides
Catchfly, Alpine	Lychnis alpina
Catillaria, Laurer’s	Catellaria laurei
Centaury, Slender	Centaurium tenuiflorum
Cinquefoil, Rock	Potentilla rupestris
Cladonia, Convoluted	Cladonia convoluta
Cladonia, Upright Mountain	Cladonia stricta
Clary, Meadow	Salvia pratensis
Club-rush, Triangular	Scirpus triquetrus
Colt’s-foot, Purple	Homogyne alpina
Cotoneaster, Wild	Cotoneaster integerrimus
Cottongrass, Slender	Eriophorum gracile
Cow-wheat, Field	Melampyrum arvense
Crocus, Sand	Romulea columnae
Crystalwort, Lizard	Riccia bifurca
Cudweed, Broad-leaved	Filago pryamidata
Cudweed, Jersey	Gnaphalium luteoalbum
Cudweed, Red-tipped	Filago lutescens
Cut-grass	Leersia oryzoides
Deptford Pink (in respect of England and Wales only)	Dianthus armeria
Diapensia	Diapensia lapponica
Dock, Shore (in respect of section 13(2) only)	Rumex rupestris
Earwort, Marsh	Jamesoniella undulifolia
Eryngo, Field	Eryngium campestre
Feather-moss, Polar	Hygrohypnum polare
Fern, Dickie’s Bladder	Cystopteris dickieana
Fern, Killarney (in respect of section 13(2) only)	Trichomanes speciosum
Flapwort, Norfolk	Leiocolea rutheana
Fleabane, Alpine	Erigeron borealis
Fleabane, Small	Pulicaria vulgaris
Frostwort, Pointed	Gymnomitrion apiculatum
Fungus, Hedgehog	Hericium erinaceum
Galingale, Brown	Cyperus fuscus
Gentian, Alpine	Gentiana nivalis
Gentian, Dune	Gentianella uliginosa
Gentian, Early (in respect of section 13(2) only)	Gentianella anglica
Gentian, Fringed	Gentianella ciliata
Gentian, Spring	Gentiana verna
Germander, Cut-leaved	Teucrium botrys
Germander, Water	Teucrium scordium
Gladiolus, Wild	Gladiolus illyricus
Goblin Lights	Catolechia wahlenbergii
Goosefoot, Stinking	Chenopodium vulvaria
Grass-poly	Lythrum hyssopifolia
Grimmia, Blunt-leaved	Grimmia unicolor
Gyalecta, Elm	Gyalecta ulmi
Hare’s-ear, Sickle-leaved	Bupleurum falcatum
Hare’s-ear, Small	Bupleurum baldense
Hawk’s-beard, Stinking	Crepis foetida
Hawkweed, Northroe	Hieracium northroense
Hawkweed, Shetland	Hieracium zetlandicum
Hawkweed, Weak-leaved	Hieracium attenuatifolium
Heath, Blue	Phyllodoce caerulea
Helleborine, Red	Cephalanthera rubra
Helleborine, Young’s	Epipactis youngiana
Horsetail, Branched	Equisetum ramosissimum
Hound’s-tongue, Green	Cynoglossum germanicum
Knawel, Perennial	Scleranthus perennis
Knotgrass, Sea	Polygonum maritimum
Lady’s-slipper (in respect of section 13(2) only)	Cypripedium calceolus
^F574. . .	^F574. . .
^F574. . .	^F574. . .
Lecanactis, Churchyard	Lecanactis hemisphaerica
Lecanora, Tarn	Lecanora archariana
Lecidea, Copper	Lecidea inops
Leek, Round-headed	Allium sphaerocephalon
Lettuce, Least	Lactuca saligna
Lichen, Arctic Kidney	Nephroma arcticum
Lichen, Ciliate Strap	Heterodermia leucomelos
Lichen, Coralloid Rosette	Heterodermia propagulifera
Lichen, Ear-lobed Dog	Peltigera lepidophora
Lichen, Forked Hair	Bryoria furcellata
Lichen, Golden Hair	Teloschistes flavicans
Lichen, Orange Fruited Elm	Caloplaca luteoalba
Lichen, River Jelly	Collema dichotomum
Lichen, Scaly Breck	Squamarina lentigera
Lichen, Stary Breck	Buellia asterella
Lily, Snowdon	Lloydia serotina
Liverwort	Petallophyllum ralfsi
Liverwort, Lindenberg’s Leafy	Adelanthus lindenbergianus
Marsh-mallow, Rough	Althaea hirsuta
Marshwort, Creeping (in respect of section 13(2) only)	Apium repens
Milk-parsley, Cambridge	Selinum carvifolia
Moss	Drepanocladius vernicosus
Moss, Alpine Copper	Mielichoferia mielichoferi
Moss, Baltic Bog	Sphagnum balticum
Moss, Blue Dew	Saelania glaucescens
Moss, Blunt-leaved Bristle	Orthotrichum obtusifolium
Moss, Bright Green Cave	Cyclodictyon laetevirens
Moss, Cordate Beard	Barbula cordata
Moss, Cornish Path	Ditrichum cornubicum
Moss, Derbyshire Feather	Thamnobryum angustifolium
Moss, Dune Thread	Bryum mamillatum
Moss, Flamingo	Desmatodon cernuus
Moss, Glaucous Beard	Barbula glauca
Moss, Green Shield	Buxbaumia viridis
Moss, Hair Silk	Plagiothecium piliferum
Moss, Knothole	Zygodon forsteri
Moss Large Yellow Feather	Scorpidium turgescens
Moss, Millimetre	Micromitrium tenerum
Moss, Multifruited River	Cryphaea lamyana
Moss, Nowell’s Limestone	Zygodon gracilis
Moss, Rigid Apple	Bartramia stricta
Moss, Round-leaved Feather	Rhynocostegium rotundifolium
Moss, Schleicher’s Thread	Bryum schleicheri
Moss, Triangular Pygmy	{ ^F568Acaulon triquetrum
Moss, Vaucher’s Feather	Hypnum vaucheri
Mudwort, Welsh	Limosella australis
Naiad, Holly-leaved	Najas marina
Naiad, Slender (in respect of section 13(2) only)	Najas flexilis
Orache, Stalked	Halimione pedunculata
Orchid, Early Spider	Ophryas sphegodes
Orchid, Fen (in respect of section 13(2) only)	Liparis loeselii
Orchid, Ghost	Epipogium aphyllum
Orchid, Lapland Marsh	Dactylorhiza lapponica
Orchid, Late Spider	Ophrys fuciflora
Orchid, Lizard	Himantoglossum hircinum
Orchid, Military	Orchis militaris
Orchid, Monkey	Orchis simia
Pannaria, Caledonia	Pannaria ignobilis
Parmelia, New Forest	Parmelia minarum
Parmentaria, Oil Stain	Parmentaria chilensis
Pear, Plymouth	Pyrus cordata
Penny-cress, Perfoliate	Thlaspi perfoliatum
Pennyroyal	Mentha pulegium
Pertusaria, Alpine Moss	Pertusaria bryontha
Physcia, Southern Grey	Physcia tribacioides
Pigmyweed	Crassula aquatica
Pine, Ground	Ajuga chamaepitys
Pink, Cheddar	Dianthus gratianopolitanus
Pink, Childling	Petroraghia nanteuilii
Plantain, Floating Water (in respect of section 13(2) only)	Luronium natans
Polypore, Oak	Buglossoporus pulvinus
Pseudocyphellaria, Ragged	Pseudocyphellaria lacerata
Psora, Rusty Alpine	Psora rubiformis
Puffball, Sandy Stilt	Battarraea phalloides
Ragwort, Fen	Senecio paludosus
Ramping-fumitory, Martin’s	Fumaria martinii
Rampion, Spiked	Phyteuma spicatum
Restharrow, Small	Ononis reclinata
Rock-cress, Alpine	Arabis alpina
Rock-cress, Bristol	Arabis stricta
Rock Nail	Calicium corynellum
Rustworth, Western	Marsupella profunda
Sandwort, Norwegian	Arenaria norvegica
Sandwort, Teesdale	Minuartia stricta
Saxifrage, Drooping	Saxifraga cernua
Saxifrage, Marsh (in respect of section 13(2) only)	Saxifrage hirulus
Saxifrage, Tufted	Saxifraga cespitosa
Solenopsora, Serpentine	Solenopsora liparina
Solomon’s-seal, Whorled	Polygonatum verticillatum
Sow-thistle, Alpine	Cicerbita alpina
Spearwort, Adder’s-tongue	Ranunculus ophioglossifolius
Speedwell, Fingered	Veronica triphyllos
Speedwell, Spiked	Veronica spicata
^F574. . .	^F574. . .
Spike-rush, Dwarf	Eleocharis parvula
Stack Fleawort, South	Tephroseris integrifolia (ssp maritima)
Star-of-Bethlehem, Early	Gagea bohemica
Starfruit	Damasonium alisma
Stonewort, Bearded	Chara canescens
Stonewort, Foxtail	Lamprothamnium papulosum
Strapwort	Corrigiola litoralis
Sulphur-tresses, Alpine	Alectoria ochroleuca
Threadmoss, Long-leaved	Bryum neodamense
Tree Lungwort (in respect of section 13(2) only)	Lobaria pulmonaria
Turpswort	Geocalyx graveolens
Violet, Fen	Viola persicifolia
Viper’s-grass	Scorzonera humilis
Water-plantain, Ribbon leaved	Alisma gramineum
Wood-sedge, Starved	Carex depauperata
Woodsia, Alpine	Woodsia alpina
Woodsia, Oblong	Woodsia ilvensis
Wormwood, Field	Artemisia campestris
Woundwort, Downy	Stachys germanica
Woundwort, Limestone	Stachys alpina
Yellow-rattle, Greater	Rhinanthus serotinus

SCHEDULE 9 ¶

Animals and Plants to which Section 14 Applies

Sections 14 and 22.

Part I NON-NATIVE Animals which are established in the wild¶

Common name	Scientific name
Bass, Large-mouthed Black	Micropterus salmoides
Bass, Rock	Ambloplites rupestris
Bitterling	Rhodeus sericeus
Boar, Wild	Sus scrofa
^F581. . .	^F581. . .
Capercaillie	Tetrao urogallus
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
^F581. . .	^F581. . .
Crab, Chinese Mitten	Eriocheir sinensis
Crayfish, Noble	Astacus astacus
Crane, Common	Grus grus
Crayfish, Red Swamp	Procambarus clarkii
Crayfish, Signal	Pacifastacus leniusculus
Crayfish, Spiny-cheek	Orconectes limosus
Crayfish, Turkish	Astacus leptodactylus
Deer, Chinese Water	Hydropotes inermis
Deer, Muntjac	Muntiacus reevesi
Deer, Sika	Cervus nippon
Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer	Any hybrid of Cervus nippon
^F581. . .	^F581. . .
^F581. . .	^F581. . .
Dormouse, Fat	Glis glis
Duck, Carolina Wood	Aix sponsa
Duck, Mandarin	Aix galericulata
Duck, Ruddy	Oxyura jamaicensis
Eagle, White-tailed	Haliaetus albicilla
Flatworm	Kontikia andersoni
Flatworm	Kontikia ventrolineata
Flatworm, Australian	Australoplana sanguinea
^F984. . .	^F984. . .
Frog, Edible	Rana esculenta
Frog, European Tree (otherwise known as Common tree frog)	Hyla arborea
Frog, Marsh	Rana ridibunda
^F581. . .	^F581. . .
Goose, Bar-headed	Anser indicus
Goose, Barnacle	Branta leucopsis
Goose, Canada	Branta canadensis
Goose, Egyptian	Alopochen aegyptiacus
Goose, Emperor	Anser canagicus
Goose, Snow	Anser caerulescens
Goshawk	Accipiter gentilis
Heron, Night	Nycticorax nycticorax
Kite, Red	Milvus milvus
Limpet, Slipper	Crepidula fornicata
Lizard, Common Wall	Podarcis muralis
Marmot, Prairie (otherwise known as Prairie dog)	Cynomys
Mink, American	Mustela vison
Newt, Alpine	Triturus alpestris
Newt, Italian Crested	Triturus carnifex
Owl, Barn	Tyto alba
Owl, Eagle	Bubo bubo
Oyster Drill, American	Urosalpinx cinerea
Parakeet, Monk	Myiopsitta monachus
Parakeet, Ring-necked	Psittacula krameri
Partridge, Chukar	Alectoris chukar
Partridge, Rock	Alectoris graeca
Pheasant, Golden	Chrysolophus pictus
Pheasant, Lady Amherst’s	Chrysolophus amherstiae
Pheasant, Reeves’	Syrmaticus reevesii
Pheasant, Silver	Lophura nycthemera
Pochard, Red-crested	Netta rufina
^F581. . .	^F581. . .
^F581. . .	^F581. . .
^F985. . .	^F985. . .
^F581. . .	^F581. . .
Rat, Black	Rattus rattus
Shelduck, Ruddy	Tadorna ferruginea
Snake, Aesculapian	Elaphe longissima
Squirrel, Grey	Sciurus carolinensis
Swan, Black	Cygnus atratus.
Terrapin, European Pond	Emys orbicularis
Toad, African Clawed	Xenopus laevis
Toad, Midwife	Alytes obstetricans
Toad, Yellow-bellied	Bombina variegata
Wallaby, Red-necked	Macropus rufogriseus
Wels (otherwise known as European catfish)	Silurus glanis
Zander	Stizostedion lucioperca
With respect to any area in England which on 31st May 2021— is a European site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017, or is within 500 metres of the boundary of a site described in paragraph (a)—
Partridge, Red-legged Pheasant, Common	Alectoris rufa Phasianus colchicus

PART IA NATIVE ANIMALS¶

Common name	Scientific name
NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Beaver, Eurasian	Castor fiber
Capercaillie	Tetrao urogallus
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
Crane, Common	Grus grus
Eagle, White-tailed	Haliaetus albicilla
Goshawk	Accipiter gentilis
Kite, Red	Milvus milvus
Owl, Barn	Tyto alba.

PART IB ANIMALS NO LONGER NORMALLY PRESENT¶

Common name	Scientific name
NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
^F991. . .	^F991. . .
Boar, Wild	Sus Scrofa.

Part II Plants¶

Common name	Scientific name
Alexanders, Perfoliate	Smyrnium perfoliatum
Algae, Red	Grateloupia luxurians
Archangel, Variegated Yellow	Lamiastrum galeobdolon subsp. argentatum
Azalea, Yellow	Rhododendron luteum
Balsam, Himalayan	Impatiens glandulifera
Cotoneaster	Cotoneaster horizontalis
Cotoneaster, Entire-leaved	Cotoneaster integrifolius
Cotoneaster, Himalayan	Cotoneaster simonsii
Cotoneaster, Hollyberry	Cotoneaster bullatus
Cotoneaster, Small-leaved	Cotoneaster microphyllus
Creeper, False Virginia	Parthenocissus inserta
Creeper, Virginia	Parthenocissus quinquefolia
Dewplant, Purple	Disphyma crassifolium
Fanwort	Cabomba caroliniana
Fern, Water	Azolla filiculoides
Fig, Hottentot	Carpobrotus edulis
Garlic, Three-cornered	Allium triquetrum
Hogweed, Giant	Heracleum mantegazzianum
Hyacinth, water	Eichhornia crassipes
Kelp, Giant	Macrocystis angustifolia
Kelp, Giant	Macrocystis integrifolia
Kelp, Giant	Macrocystis laevis
Kelp, Giant	Macrocystis pyrifera
Kelp, Japanese	Laminaria japonica
Knotweed, Giant	Fallopia sachalinensis
Knotweed, Hybrid	Fallopia japonica x Fallopia sachalinensis
Knotweed, Japanese	Fallopia japonica
Knotweed, Japanese	Polygonum cuspidatum
Leek, Few-flowered	Allium paradoxum
Lettuce, water	Pistia stratiotes
Montbretia	Crocosmia x crocosmiiflora
Parrot's-feather	Myriophyllum aquaticum
Pennywort, Floating	Hydrocotyle ranunculoides
Potato, Duck	Sagittaria latifolia
Primrose, Floating Water	Ludwigia peploides
Primrose, Water	Ludwigia grandiflora
Primrose, Water	Ludwigia uruguayensis
Rhododendron	Rhododendron ponticum
Rhododendron	Rhododendron ponticum x Rhododendron maximum
Rhubarb, Giant	Gunnera tinctoria
Rose, Japanese	Rosa rugosa
^F986. . .	^F986. . .
Seafingers, Green	Codium fragile
Seafingers, Green	Codium fragile tomentosoides
Seaweed, Californian Red	Pikea californica
Seaweed, Hooked Asparagus	Asparagopsis armata
Seaweed, Japanese	Sargassum muticum
Seaweeds, Laver (except native species)	Porphyra spp except -
	p. amethystea
	p. leucosticta
	p. linearis
	p. miniata
	p. purpurea
	p. umbilicalis
Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed)	Crassula helmsii
Wakame	Undaria pinnatifida
Waterweed, Curly	Lagarosiphon major
Waterweeds Waterweeds (except Nuttall’s Waterweed)	All species of the genus Elodea. All species of the genus Elodea, except Elodea nuttallii

SCHEDULE 9A ¶

Species control agreements and orders (England and Wales)

Section 14(4A)

PART 1 Overview and interpretation¶

Overview¶

1 This Schedule provides for—

a species control agreements between environmental authorities and owners of premises, and

b species control orders made by environmental authorities,

and for related matters.

2 A species control agreement or species control order may relate to—

a a species of animal or plant included on the list of species of special concern,

b an invasive non-native species of animal or plant not falling within sub-paragraph (a), or

c a species of animal that is no longer normally present in Great Britain.

This is subject to the other provisions of this Schedule.

3 The following definitions apply for the purposes of this Schedule.

Definitions relating to species¶

1 “Species” means any kind of animal or plant.

2 A species is “invasive” if, uncontrolled, it would be likely to have a significant adverse impact on—

a biodiversity,

b other environmental interests, or

c social or economic interests.

3 A species is “non-native” if—

a it is listed in Part 1 or 2 of Schedule 9, or

b in the case of a species of animal, it is a species—

i whose natural range does not include any part of Great Britain, and

ii which has been introduced into Great Britain or is present in Great Britain because of other human activity.

4 References to a species being “present” on premises include its being present at any stage in its life-cycle (for example, as eggs or seeds).

5 A species of animal is “no longer normally present in Great Britain” if—

a it is a species listed in Part 1B of Schedule 9, or

b it is a species—

i whose natural range includes all or any part of Great Britain, and

ii which has ceased to be ordinarily resident in, or a regular visitor to, Great Britain in a wild state.

6 The “list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council, as amended from time to time.

Environmental authorities¶

1 “Environmental authority”, in relation to premises in England, means—

a the Secretary of State,

b the Environment Agency,

c Natural England, and

d the Forestry Commissioners.

2 “Environmental authority”, in relation to premises in Wales, means—

a the Welsh Ministers, and

b the Natural Resources Body for Wales.

Owners and dwellings¶

1 “Owner”, in relation to premises consisting of land, means—

a a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion,

b a person in possession under a lease, or

c a person who for the time being exercises powers of management or control over the land.

2 “Dwelling” means a building or structure, or part of a building or structure, occupied wholly or mainly as a dwelling.

Operations¶

1 “Species control operations” are operations to do one or more of the following—

a eradicate a species from premises;

b control a species on premises;

c prevent a species from returning to premises.

2 References to “carrying out” operations include arranging for operations to be carried out.

PART 2 Species control agreements¶

Making of species control agreements¶

1 An environmental authority may enter into a “species control agreement” with an owner of any premises where the authority considers that there is present on the premises—

a an invasive non-native species, or

b a species of animal that is no longer normally present in Great Britain.

2 Under a species control agreement the parties agree to the carrying out of species control operations.

3 Before entering into a species control agreement with an owner, an environmental authority must be satisfied that—

a the provisions of the agreement are proportionate to the objective to be achieved, and

b in a case where there is more than one owner, the owner with whom the agreement is entered into is the most appropriate one.

4 Before entering into a species control agreement relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

a the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

b the animals on the premises are having a significant adverse impact on—

i biodiversity,

ii other environmental interests, or

iii social or economic interests, and

c there is no appropriate alternative way of obviating that impact.

5 A species control agreement may not be entered into in relation to premises consisting of a dwelling except where the environmental authority is the Secretary of State or the Welsh Ministers.

Content of species control agreements¶

1 A species control agreement must provide for—

a the species control operations to be carried out,

b the party who is to carry them out, and

c the time by which they are to be carried out.

2 A species control agreement may contain such supplementary provision as the parties consider appropriate.

3 That may include provision as to—

a how species control operations are to be carried out,

b payment to be made by either party to the other, or to another person, in respect of the species control operations to be carried out, or

c any species control operations that must not be carried out.

Notice of compliance¶

8Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control agreement to carry out species control operations, the authority must give the owner notice to that effect.

Liability¶

9An environmental authority is not liable to a person with an interest in the premises, other than the owner with whom a species control agreement is entered into, for anything done by the authority pursuant to the agreement.

PART 3 Species control orders¶

When a species control order may be made¶

1 An environmental authority may make a species control order in relation to premises if—

a it considers that there is present on the premises—

i an invasive non-native species, or

ii a species of animal that is no longer normally present in Great Britain, and

b any of the following circumstances apply.

2 The circumstances are—

a the environmental authority considers that an owner has failed to comply with a species control agreement entered into with the environmental authority and, having been given notice to that effect and a reasonable opportunity to rectify the failure, has not done so;

b the environmental authority has offered to enter into a species control agreement with an owner but—

i the owner has refused to enter into any kind of species control agreement, or

ii no species control agreement has been entered into in respect of the premises by the end of the period of 42 days beginning with the day after the offer was made and the authority considers it unlikely that the owner will enter any kind of such agreement;

c the environmental authority considers that the making of the order is urgently necessary;

d the environmental authority has been unable to identify an owner, having—

i placed on the premises a conspicuous notice of its desire to enter into a species control agreement, and

ii waited for 5 days after the day on which the notice was placed.

3 Before making a species control order, an environmental authority must be satisfied that the provisions of the order are proportionate to the objective to be achieved.

4 Before making a species control order relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

a the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

b the animals on the premises are having a significant adverse impact on—

i biodiversity,

ii other environmental interests, or

iii social or economic interests, and

c there is no appropriate alternative way of obviating that impact.

5 A species control order may not be made in relation to premises consisting of a dwelling except by the Secretary of State or the Welsh Ministers.

What an order must do¶

1 A species control order under paragraph 10(2)(a) or (b) (failure to comply with or enter into agreement) must contain provision—

a requiring the owner specified in that paragraph to carry out species control operations, or

b stating that the environmental authority proposes to carry out species control operations,

or both.

2 A species control order under paragraph 10(2)(c) (emergency) must contain provision—

a requiring any owner of the premises specified in the order to carry out species control operations, or

b stating that the environmental authority proposes to carry out species control operations,

or both.

3 A species control order under paragraph 10(2)(d) (no identifiable owner) must contain provision stating that the environmental authority proposes to carry out species control operations.

1 A species control order must—

a specify the species to which the order relates,

b specify the species control operations to be carried out,

c specify the time by which the species control operations must be carried out or (as the case may be) the time by which they are proposed to be carried out by the authority, and

d if appropriate, include a map of the premises to which the order relates.

2 Unless it is made under paragraph 10(2)(c) (emergency), a species control order—

a may not require an owner of premises to carry out species control operations, or provide for an environmental authority to carry out species control operations, before the end of the period in which an appeal may be made (as to appeals, see paragraph 16), and

b must provide that if an appeal is made within that period, the owner need not carry out the operations, or the environmental authority shall not carry out the operations, before the appeal is withdrawn or finally determined.

What an order may do¶

1 A species control order may contain provision supplementary to that specified in paragraphs 11 and 12.

2 That may include provision as to—

a how species control operations are to be carried out;

b payment to be made by the environmental authority to—

i an owner, in respect of the reasonable costs of operations to be carried out by the owner, or

ii another person, in respect of the reasonable costs of operations to be carried out by an owner;

c payment that an owner must make in respect of the reasonable costs of species control operations to be carried out by the environmental authority;

d species control operations that an owner must not carry out;

e who will carry out species control operations for the environmental authority.

Notice¶

1 After making a species control order, an environmental authority must forthwith give notice of it to—

a all owners of the premises of whom the environmental authority is aware,

b the Secretary of State, if the environmental authority is the Environment Agency, Natural England or the Forestry Commissioners, and

c the Welsh Ministers, if the environmental authority is the Natural Resources Body for Wales.

2 In the case of an order under paragraph 10(2)(d) (no identifiable owner), the environmental authority must also give notice of the order by placing it on the premises conspicuously.

3 Notice under this paragraph must include—

a reasons for making the species control order, and

b reasons for any requirement imposed by it on an owner.

Revocation¶

1 An environmental authority may at any time revoke a species control order made by it.

2 Notice of revocation must be given as specified in paragraph 14 (but reasons need not be given).

Appeals¶

1 An owner of premises in relation to which a species control order is made may appeal to the First-tier Tribunal against—

a the making of the order, or

b any provision of the order.

2 The First-tier Tribunal may—

a affirm the order,

b direct the environmental authority which made the order to revoke or amend it,

c in the case of an order under paragraph 10(2)(c) (emergency), suspend the order, or

d make such other order as the Tribunal thinks fit.

Notice of compliance¶

17Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control order to carry out species control operations, the authority must give the owner notice to that effect.

Enforcement¶

1 This paragraph applies where an environmental authority considers that an owner of premises required by a species control order to carry out a species control operation has not done so by the date or in the way specified in the order.

2 The authority must give the owner notice to that effect.

3 Sub-paragraphs (4) to (6) apply if, after a week after giving notice under sub-paragraph (2), the authority considers that the owner has still not carried out the species control operation in the way specified in the order.

4 The authority may carry out the operation itself or carry out such further work as is necessary to ensure that the operation is carried out in the way specified in the order.

5 The authority may recover from the owner any expenses reasonably incurred by it in doing so (less any payment which the authority would apart from this paragraph have been required to make to the owner in respect of the carrying out of the operations by the owner).

6 The authority is not required to make any payment provided for under paragraph 13(2)(b) in relation to the operation (and may recover any payment made under that paragraph).

Offences¶

1 A person who, without reasonable excuse, fails to comply with a requirement imposed on that person by a species control order commits an offence.

2 A person who intentionally obstructs a person from carrying out an operation required or proposed under a species control order commits an offence.

3 A person guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine, or both.

4 In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (3) to 51 weeks is to be read as a reference to 6 months.

5 In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3) to a fine is to be read as a reference to a fine not exceeding £40,000.

Liability¶

1 An owner of premises is not liable to any other person for doing anything required to be done by a species control order.

2 An environmental authority is not liable to a person with an interest in premises for anything done—

a by an owner pursuant to a requirement included in a species control order, or

b by the authority pursuant to—

i provision included in a species control order under paragraph 11(1)(b), (2)(b) or (3), or

ii paragraph 18(4).

PART 4 Powers of entry¶

Powers of entry¶

1 A person who is authorised to do so may enter any premises to—

a assist an environmental authority to determine whether to offer to enter into a species agreement with a person,

b assist an environmental authority to determine whether to make or revoke a species control order,

c investigate suspected non-compliance with a species control agreement or a species control order,

d carry out species control operations for an environmental authority under a species control order,

e place a notice as specified in paragraph 10(2)(d)(i) or 14(2) (no identifiable owner), or

f carry out species control operations or work pursuant to paragraph 18(4).

This is subject to the other provisions of this Schedule.

2 A person may not enter premises under sub-paragraph (1)(a) or (b) with a view to establishing whether a species is present unless the environmental authority has reasonable grounds for suspecting that it is.

Authorisation by justice of the peace¶

1 To enter premises under paragraph 21 a person must be authorised by a warrant issued by a justice of the peace where—

a the premises consist of a dwelling or a garden, yard, outbuildings or other land used or enjoyed wholly with a dwelling,

b admission to the premises has been refused by an owner or refusal is reasonably apprehended,

c the premises are unoccupied,

d the owner is temporarily absent,

e giving notice would defeat the purpose of entry,

f entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(c) (emergency),

g entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(d) (no identifiable owner),

h entry is to place a notice as specified in paragraph 10(2)(d)(i) or 14(2), or

i entry is to carry out operations or work pursuant to paragraph 18(4) which the environmental authority considers to be urgently necessary.

2 A justice of the peace may not grant a warrant—

a in the circumstances in sub-paragraph (1)(a) to (d) unless satisfied that reasonable notice of the proposed entry has been given to all owners of the premises of whom the environmental authority is aware, or

b in the circumstances in paragraph (1)(g) unless satisfied that the requirement in paragraph 14(2) (notice) has been met.

3 For the purposes of sub-paragraph (2)(a) less than 48 hours' notice is not reasonable.

4 A warrant may authorise a person to use reasonable force if necessary, but a person so authorised—

a must be accompanied by a constable when doing so, and

b may not use force against an individual.

Authorisation by environmental authority¶

1 To enter premises under paragraph 21 in circumstances other than those specified in paragraph 22(1), a person must be authorised in writing by the environmental authority.

2 A person authorised by an environmental authority may not demand admission as of right to any premises unless reasonable notice has been given to all owners of the premises of whom the authority is aware.

3 For these purposes less than 48 hours' notice is not reasonable.

Exercise of right of entry¶

1 A right of entry under paragraph 21 is exercisable at any reasonable time.

2 A person authorised under paragraph 22 or 23 to enter premises must, if so required before entering, produce evidence of his or her warrant or other authorisation and state the purpose of entry.

3 A person entering premises under paragraph 21 may—

a take on to the premises such other persons as may be necessary;

b take any equipment, machinery or materials on to the premises;

c take samples of anything in or on the premises.

4 A person who enters premises under paragraph 21 which are unoccupied or from which the owner is temporarily absent must, on departure, leave them as effectively secured as they were on entry.

PART 5 Supplementary¶

Compensation¶

1 The Secretary of State and the Welsh Ministers may (separately or jointly) make arrangements for the payment of compensation to an owner of premises in respect of financial loss resulting from—

a a species control agreement or order, or

b the exercise of the powers of entry under this Schedule.

2 The arrangements may secure that compensation is payable only for financial loss above a specified amount.

Codes of practice¶

1 The Secretary of State must issue a code of practice in relation to species control agreements and orders in England.

2 A code under this paragraph must in particular provide guidance to environmental authorities in England on—

a when to offer to enter into a species control agreement;

b how to go about entering into a species control agreement;

c what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

d when to make a species control order;

e what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

f standards of animal welfare to be met in connection with species control agreements and orders.

3 A code under this paragraph may be revised or replaced.

4 Before issuing (or revising or replacing) a code under this paragraph the Secretary of State must carry out a public consultation.

5 The Secretary of State must—

a ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

b lay a copy of a code under this paragraph before Parliament.

1 The Welsh Ministers must issue a code of practice in relation to species control agreements and orders in Wales.

2 A code under this paragraph must in particular provide guidance to environmental authorities in Wales on—

a when to offer to enter into a species control agreement;

b how to go about entering into a species control agreement;

c what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

d when to make a species control order;

e what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

f standards of animal welfare to be met in connection with species control agreements and orders.

3 A code under this paragraph may be revised or replaced.

4 Before issuing (or revising or replacing) a code under this paragraph the Welsh Ministers must carry out a public consultation.

5 The Welsh Ministers must—

a ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

b lay a copy of a code under this paragraph before the National Assembly for Wales.

1 A person's failure to comply with a provision of a code under paragraph 26 or 27 does not make the person liable to civil or criminal proceedings.

2 A code under paragraph 26 or 27—

a is admissible in evidence in any civil proceedings, and

b must be taken into account by a court in any civil proceedings in which it appears to the court to be relevant.

SCHEDULE 9B ¶

Invasive alien species: defences and licences

(introduced bysections 14AA(5) and 16(4B))

Part 1 Interpretation¶

1 Interpretation¶

In this schedule—

“Invasive Alien Species Regulation” means Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species,
“contained holding” means closed facilities from which escape or spread is not possible,
“ex-situ conservation” means the conservation of components of biological diversity outside their natural habitat,
“invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Scottish list of species of special concern,
“research” means descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species,
Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.
“specimen” means a live specimen and includes any part, gamete, seed, egg or propagule of a species, as well as any hybrids, varieties or breeds that might grow, hatch or reproduce, as the case may be,
^F886...

Part 2 Defences¶

2 Companion animals¶

1 This paragraph applies where—

a a person is charged with an offence under section 14ZC or 14AA,

b the charge relates to an animal, and

c the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

i paragraph (b) (keeping, including in contained holding),

ii paragraph (d) (transporting to, from or within Scotland, except for the transportation of species to facilities in the context of eradication).

2 It is a defence to the charge to show that—

a immediately before the inclusion on the Scottish list of species of special concern of the species to which the animal belongs, the animal was kept as a companion animal,

b at all material times the animal was kept—

i as a companion animal, or

ii for the purpose of transporting the animal to a place mentioned in sub-paragraph (3), and

c at all material times—

i the animal was kept in contained holding, and

ii appropriate measures were in place to ensure that it could not reproduce or escape.

3 The places referred to in sub-paragraph (2)(b)(ii) are—

a an establishment to which a relevant licence or permit has been granted,

b a facility to which a relevant licence has been granted,

c a place where the animal was to be humanely killed.

4 In sub-paragraph (3)—

a “relevant licence or permit” means, in relation to an establishment—

i a licence granted under section 16(4)(c) by virtue of paragraph 6,

ii a permit granted under article 35 of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

iii a permit granted under any provision in legislation which applies in relation to Northern Ireland and which enables a permit to be issued in accordance with Article 8 or 9 of the Invasive Alien Species Regulation,

b “relevant licence” means, in relation to a facility—

i a licence granted under section 16(4)(c) by virtue of paragraph 7,

ii a licence granted under article 36(1) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), for the purpose mentioned in article 36(2)(d) of that Order,

iii a licence granted under any provision in legislation which applies in relation to Northern Ireland and enables a licence to be issued for the keeping of an animal by a facility until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation.

3 Commercial stocks¶

1 This paragraph applies where—

a a person who keeps a commercial stock of specimens of invasive alien species is charged with an offence under section 14ZC, 14A or 14AA,

b the charge relates to such a specimen, and

c the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

i paragraph (b) (keeping, including in contained holding),

ii paragraph (d) (transporting to, from or within Scotland, except for transportation of species to facilities in the context of eradication),

iii paragraph (e) (placing on the market),

iv paragraph (f) (using or exchanging).

2 It is a defence to the charge to show that—

a the specimen was acquired by the person before the inclusion on the Scottish list of species of special concern of the species to which the specimen belongs,

b the activity to which the charge relates was not carried out after the end of the relevant period following the inclusion on the Scottish list of species of special concern to which the specimen belongs, and

c that activity is mentioned in sub-paragraph (3).

3 The activities referred to in sub-paragraph (2)(c) are—

a sale or transfer to an establishment which holds a relevant licence or permit, provided that the conditions in paragraph (4) are met,

b a scientific or medicinal activity pursuant to a relevant licence or permit, provided that the conditions in paragraph (4) are met,

c destruction (in the case of a plant, fungus or micro-organism) or humane killing (in the case of an animal) of the specimen to exhaust the keeper’s stock, or

d sale or transfer to a non-commercial user, provided that the conditions in paragraph (4) are met.

4 The conditions referred to in sub-paragraph (3) are that, at all material times—

a the specimen was kept and transported in contained holding, and

b appropriate measures were in place to ensure that it could not reproduce or escape.

5 For the purposes of sub-paragraph (2)(b), the relevant period is—

a in relation to an activity mentioned in sub-paragraph (3)(a) to (c), 2 years,

b in relation to an activity mentioned in sub-paragraph (3)(d), 1 year.

6 In sub-paragraph (3), “relevant licence or permit” means—

a for the purposes of sub-paragraph (3)(a)—

i a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(i) or (ii),

ii a permit granted under section 35(1)(a) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

iii a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for research or ex-situ conservation in accordance with Article 8 of the Invasive Alien Species Regulation,

b for the purposes of sub-paragraph (3)(b)—

i a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(iii),

ii a permit granted under article 35(1)(b) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

iii a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Invasive Alien Species Regulation.

4 Non-commercial owners: receipt of commercial stocks¶

1 This paragraph applies where—

a a person is charged with an offence under section 14ZC or 14AA, and

b the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

i paragraph (b) (keeping, including in contained holding),

ii paragraph (d) (transporting to, from or within Scotland, except for the transportation of species to facilities in the context of eradication).

2 It is a defence to the charge to show that—

a the specimen to which the charge relates was received by the person—

i from a keeper of commercial stocks of specimens of the species to which the specimen belongs, and

ii before the end of the period of one year beginning with the date on which that species was included on the Scottish list of species of special concern, and

b at all material times—

i the specimen was kept and transported in contained holding, and

ii appropriate measures were in place to ensure that it could not reproduce or escape.

Part 3 Licences¶

5 Restrictions¶

1 The appropriate authority must not grant a licence under section 16(4)(c) permitting an activity which contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation unless any of paragraphs 6 to 9 apply—

a paragraph (b) (keeping, including in contained holding),

b paragraph (c) (breeding, including in contained holding),

c paragraph (d) (transporting to, from or within Scotland, except for the transportation of species to facilities in the context of eradication),

d paragraph (f) (using or exchanging),

e paragraph (g) (permitting to reproduce, growing or cultivating, including in contained holding).

2 The appropriate authority must not grant a licence under section 16(4)(c) permitting an activity which contravenes one of the following paragraphs of that Article unless paragraph 8 or 9 applies—

a paragraph (e) (placing on the market),

b paragraph (h) (releasing into the environment).

6 Research etc.¶

This paragraph applies if the licence—

a is granted to an establishment,

b permits an activity to be done in the course of—

i research on an invasive alien species,

ii ex-situ conservation of an invasive alien species,

iii scientific production, and subsequent medicinal use of, a product derived from an invasive alien species where its use is necessary for the advancement of human health, or

iv in exceptional circumstances, such other activities as are justified for reasons of compelling public interest, including those of a social or economic nature, in accordance with Article 9 of the Invasive Alien Species Regulation, and

c is subject to the conditions specified in Article 8(2) and (3) of that Regulation.

7 Keeping animals until the end of their natural lives¶

This paragraph applies if—

a the licence is granted for the purpose of the keeping of an animal by a facility (including any necessary ancillary activities such as transportation) until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation, and

b the appropriate authority is satisfied that all appropriate controls are in place to ensure that reproduction or escape of the animal is not possible.

8 Eradication measures¶

This paragraph applies if the licence is—

a granted for the purpose of implementation of an eradication measure pursuant to Article 17 of the Invasive Alien Species Regulation, and

b subject to such conditions as are, in the opinion of the appropriate authority, necessary to meet the aim of ensuring that the eradication measure to which the licence relates will be effective in achieving the complete and permanent removal of the population of the invasive alien species concerned.

9 Management measures¶

1 This paragraph applies if the licence is granted for the purpose of implementation of a management measure pursuant to Article 19 of the Invasive Alien Species Regulation.

2 But, where the licence is granted for the purpose of the commercial use, on a temporary basis, of an invasive alien species as part of such a management measure pursuant to Article 19(2) of that Regulation, this paragraph applies only if the appropriate authority is satisfied that—

a there is strict justification for that use, and

b all appropriate controls are in place to avoid any further spread of the species concerned.

^X15 SCHEDULE 10 ¶

Amendment of the Endangered Species (Import and Export) Act 1976

Section 15

Part I The Amendments¶

Licences¶

1 After subsection (3) of section 1 of the 1976 Act (restriction on importation and exportation of certain animals and plants) there shall be inserted the following subsections—

3A Subsection (3) above shall not apply in relation to an application of any description if the scientific authority concerned has advised the Secretary of State as to whether licences should be issued in pursuance of applications of that description and, if so, their terms.

3B Where the Secretary of State is satisfied that the issue of a licence authorising the importation or exportation of any item which—

a is part of or derives from or is made wholly or partly from an animal of any of the kinds to which Schedule 1 or a plant of any of the kinds to which Schedule 2 to this Act for the time being applies ; but

b is not an item to which Schedule 3 to this Act for the time being applies.

would facilitate the importation or exportation of that item, he may, if he considers it expedient to do so, issue such a licence.

2 In subsections (4), (5), (6) and (7) of that section after the words “subsection (2)” there shall be inserted the words “or (3B)”.

3 In subsection (4) of that section after paragraph (a) there shall be inserted the following paragraphs—

; and in paragraph (c) of that subsection for the words from “a period” to “shorter” there shall be substituted the word “such”.

Expenses of returning animals and plants to the wild¶

2After subsection (8) of section 1 of the 1976 Act there shall be inserted the following subsection—

Powers of entry¶

3After the subsection inserted by paragraph 2 as subsection (9) of section 1 of the 1976 Act there shall be inserted the following subsections—

Power to modify Schedules¶

1 In paragraph (c) of section 3 of the 1976 Act (power to modify Schedules) after the word “conservation” there shall be inserted the words “in any area” and after the word “endangered” there shall be inserted the word “there”.

2 After paragraph (d) of that section there shall be inserted the following paragraph—

Sale of certain animals or plants or their derivatives¶

1 In subsection (1) of section 4 of the 1976 Act (offences to sell etc. things imported contrary to section 1 or their derivatives) for the words “Subject to subsection (2)” there shall be substituted the words “Subject to subsections (1B) and (2)”, after the words “has in his possession” there shall be inserted the words “or transports” and the words “and in the following provisions” onwards shall be omitted.

2 After that subsection there shall be inserted the following subsections—

1A Subject to subsections (1B) and (2) below, a person who sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale—

a a live or dead animal of any of the kinds to which Schedule 4 to this Act for the time being applies or an egg or other immature stage of such an animal ;

b a live or dead plant of any of the kinds to which Schedule 5 to this Act for the time being applies ; or

c any part of or anything which derives from or is made wholly or partly from anything referred to in paragraph (a) or (b) above,

shall be guilty of an offence ; but nothing in this subsection shall apply in relation to anything falling within subsection (1) above or anything which has been imported, or is a part of or derives from or is made wholly or partly from anything which has been imported, before the passing of the Wildlife and Countryside Act 1981.

1B Subsections (1) and (1A) above do not apply to anything done under and in accordance with the terms of a licence issued by the Secretary of State ; and subsections (4) to (7) of section 1 above shall apply in relation to a licence issued under this subsection as they apply in relation to a licence issued under subsection (2) of that section.

1C In the following provisions of this section “ restricted article ” means anything falling within subsection (1) or (1A) above.

3 In subsection (2) of that section after the words “subsection (1)” there shall be inserted the words “or (1A)”.

4 In subsection (5) of that section after the words “subsection (1)” there shall be inserted the words “, (1A)”.

5 In subsection (6) of that section after the words “references to” there shall be inserted the word “hire”.

6 After Schedule 3 to the 1976 Act there shall be inserted as Schedule 4 the Schedule set out in Part II of this Schedule.

7 After the Schedule inserted in the 1976 Act by sub-paragraph (6) there shall be inserted as Schedule 5 the Schedule set out in Part III of this Schedule.

Part II Schedule inserted as Schedule 4¶

SCHEDULE 4 Animals the Sale etc. of Which is Restricted ¶

This Schedule applies to the following kinds of animals, namely—

MAMMALS ¶

1The kinds of mammal specified in the first column below—

Marsupials¶

Kind	Common name
Bettongia	Rat kangaroo
Caloprymnus campestris	Desert rat-kangaroo
Lagorchestes hirsutus	Western hare-wallaby
Lagostrophus fasciatus	Banded hare-wallaby
Onychogalea fraenata	Bridle nail-tailed wallaby
Onychogalea lunata	Crescent nail-tailed wallaby
Lasiorhinus krefftii	Queensland hairy-nosed wombat
Chaeropus ecaudatus	Pig-footed bandicoot
Macrotis lagotis	Rabbit-bandicoot
Macrotis leucara	Lesser rabbit-bandicoot
Perameles bougainville	Western barred bandicoot
Sminthopsis longicaudata	Long-tailed dunnart
Sminthopsis psammophila	Sandhill dunnart
Thylacinus cynocephalus	Tasmanian wolf

Primates¶


Allocebus	Hairy-eared dwarf lemur
Cheirogaleus	Dwarf lemurs
Hapalemur	Gentle lemurs
Lemur	Lemurs
Lepilemur	Sportive and weasel lemurs
Microcebus	Mouse lemurs
Phaner	Fork-marked mouse lemurs
Avahi	Avahis (otherwise known as Woolly indris)
Indri	Indris
Propithecus	Sifakas
Daubentonia madagascariensis	Aye-aye
Callimico goeldii	Goeldi’s marmoset (otherwise known as Goeldi’s tamarin)
Callithrix aurita	White eared marmoset
Callithrix flaviceps	Buff-headed marmoset
Leontopithecus	Maned tamarin (otherwise known as Golden tamarin)
Saguinus bicolor	Pied tamarin
Saguinus geoffroyi	Geoffroy’s tamarin
Saguinus leucopus	White-footed tamarin
Saguinus oedipus	Cotton-headed tamarin
Alouatta palliata (otherwise known as Alouatta villosa)	Mantled howler
Ateles geoffroyi frontatus	Black-browed spider monkey
Ateles geoffroyi panamensis	Red spider monkey
Brachyteles arachnoides	Woolly spider monkey
Cacajao	Uakaris
Chiropotes albinasus	White-nosed saki
Saimiri oerstedii	Red-backed squirrel monkey
Cercocebus galeritus galeritus	Tana River mangabey
Cercopithecus diana	Diana monkey
Colobus badius kirkii	Kirk’s red colobus (otherwise known as Zanzibar red colobus)
Colobus badius rufomitratus	Tana River red colobus
Macaca silenus	Lion-tailed macaque
Nasalis larvatus	Proboscis monkey
Papio leucophaeus (otherwise known as Mandrillus leucophaeus)	Drill
Papio sphinx (otherwise known as Mandrillus sphinx)	Mandrill
Presbytis entellus	Langur (otherwise known as Entellus langur or True langur)
Presbytis geei	Golden langur
Presbytis pileatus	Caped langur
Presbytis potenziani	Mentawi leaf monkey
Pygathrix nemaeus	Douc langur
Rhinopithecus roxellanae	Snub-nosed langur
Simias concolor	Mentawi snub-nosed langur
Hybolates	Gibbons
Symphalangus syndactylus	Siamang
Pongidae	Great apes

Edentates¶


Pridontes giganteus (otherwise known as Priodontes maximus)	Giant armadillo

Pangolins¶


Manis temmincki	South African pangolin

Rabbits and hares¶


Caprolagus hispidus	Assam rabbit (otherwise known as Hispid hare)
Romerolagus diazi	Volcano rabbit

Rodents¶


Cynomys mexicanus	Mexican prairie marmot
Leporillus conditor	Australian sticknest rat
Pseudomys fumeus	Smoky mouse
Pseudomys praeconis	Shark Bay mouse
Xeromys myoides	False water rat
Zyzomys pendunculatus	Central thick-tailed rat
Chinchilla (except any domestic form of Chinchilla laniger)	Chinchilla

Cetaceans¶


Lipotes vexillifer	Chinese river dolphin
Physter catodon (otherwise known as Physeter macrocephalus)	Sperm whale
Platanista gangetica	Ganges dolphin
Platanista minor	Indus river dolpin
Sotalia	Humpbacked dolphins
Sousa	Humpacked dolphins
Neophocaena phocaenoides	Finless porpoise
Phocoena sinus	Cochito
Balaena mysticetus	Greenland right whale (otherwise known as Bowhead whale)
Balaenoptera borealis	Sei whale
Balaenoptera musculus	Blue whale
Balaenoptera physalus	Common rorqual
Eschrichtius	Grey whales
Eubalaena	Right whales
Megaptera novaeangliae	Humpback whale

Carnivores¶


Spethos venaticus	Bush dog
Vulpes velox hebes	Northern kit fox
Helarctos malayanus	Sun bear
Selenarctos thibetanus	Asiatic black bear
Tremarctos ornatus	Spectacled bear
Ursus arctos isabellinus	Brown bear
Ursus arctos nelsoni	Mexican brown bear
Ursus arctos pruinosus	Tibetan brown bear
Aonyx microdon	Cameroon clawless otter
Enhydra lutris nereis	Southern sea otter
Lutra felina	Marine otter
Lutra longicaudis	South American otter
Lutra lutra	Eurasian otter
Lutra provocax	Southern river otter
Mustela nigripes	Black-footed ferret
Pteronura brasiliensis	Giant otter
Prionodon pardicolor	Spotted linsang
Hyaena brunnea	Brown hyaena
Acinonyx jubatus	Cheetah
Felis bengalensis bengalensis	Leopard cat
Felis concolor coryi	Florida puma
Felis concolor costaricensis	Costa Rica puma
Felis concolor cougar	Eastern puma
Felis jacobita	Andean cat
Felis rufa escuinapae	Mexican bobcat
Felis marmorata	Marbled cat
Felis nigripes	Black-footed cat
Felis pardalis mearnsi	Costa Rica ocelot
Felis pardalis mitis	Brazilian ocelot
Felis planiceps	Flat-headed cat
Felis rubiginosa	Rusty spotted cat
Felis temmincki	Asiatic golden cat
Felis tigrina oncilla	Little spotted cat
Felis wiedii nicaraguae	Nicaraguan margay
Felis wiedii salvinia	Guatemalan margay
Felis yagouaroundi cacomitli	Jaguarundi
Felis yagouaroundi fossata	Jaguarundi
Felis yagouaroundi panamensis	Jaguarundi
Felis yagouaroundi tolteca	Jaguarundi
Neofelis nebulosa	Clouded leopard
Panthera leo persica	Asiatic lion
Panthera onca	Jaguar
Panthera pardus	Leopard
Panthera tigris	Tiger
Panthera uncia	Snow leopard

Seals¶


Arcocephalus townsendi	Guadelupe fur seal
Monachus	Monk seals

Elephants¶


Elephas maximus	Asian elephant

Sea-cows¶


Dugong dugon	Dugong (otherwise known as Sea-cow)
Trichechus inunguis	Amazonian manatee
Trichechus manatus	West Indian manatee

Odd-toed ungulates¶


Equus grevyi	Grevy’s zebra
Equus hemionus hemionus	Mongolian wild ass
Equus hemionus khur	Indian wild ass
Equus przewalskii	Przewalski’s horse
Equus zebra zebra	Cape mountain zebra
Tapirus bairdii	Central American tapir
Tapirus indicus	Malayan tapir (otherwise known as Indian tapir)
Tapirus pinchaque	Mountain tapir (otherwise known as Woolly tapir)
Rhinocerotidae	Rhinoceroses

Even-toed ungulates¶


Babyrousa babyrussa	Babirusa
Sus salvanius	Pygmy hog
Vicugna vicugna	Calamian deer
Axis kuhli	Bawean deer
Axis porcinus annamiticus	Thai hog deer
Blastocerus dichotomus	Marsh deer
Cervus duvauceli	Swamp deer
Cervus elaphus hanglu	Kashmir stag (otherwise known as Hanglu)
Cervus eldi	Brow-antlered deer
Dama mesopotamica	Persian fallow deer
Hippocamelus antisiensis	Peruvian huemal
Hippocamelus bisulcus	Chilean huemal
Moschus moschiferus moschiferus	Himalayan musk deer
Ozotoceros bezoarticus	Pampas deer
Pudu pudu	Chilean pudu
Antilocapra americana peninsularis	Lower California pronghorn
Antilocapra americana sonoriensis	Sonoran pronghorn
Bison bison athabascae	Wood bison
Bos gaurus	Gaur
Bos mutus	Wild yak
Bubulas depressicornis	Lowland anoa
Bubalus mindorensis	Tamaraw
Bubalus quarlesi	Mountain anoa
Capra falconeri chiltanensis	Markhor
Capra falconeri jerdoni	Markhor
Capra falconeri megaceros	Markhor
Capricornis sumatraensis	Serow
Hippotragus niger variani	Giant sable antelope
Nemorhaedua goral	Goral
Novibos sauveli	Koupray
Oryx leucoryx	Arabian oryx
Ovis ammon hodgsoni	Great Tibetan sheep
Ovis orientalis ophion	Cyprian mouflon
Ovis vignei	Urial
Pantholops hodgsoni	Tibetan antelope
Rupicapra rupicapra ornata	Abrussi chamois

BIRDS ¶

2The kinds of bird specified in the first column below—

Rheas¶


Pterocnemia pennata	Lesser rhea

Tinamous¶


Tinamus solitarius	Solitary tinamou

Penguins¶


Spheniscus humboldti	Humboldt penguin

Grebes¶


Podilymbus gigas	Atitlan grebe

Albatrosses¶


Diomedea albatrus	Short-tailed albatross

Pelican-like birds¶


Sula abbotti	Abbot’s booby
Fregata andrewsi	Christmas Island frigatebird

Storks¶


Ciconia ciconia boyciana	Japanese white stork
Geronticus eremita	Bald ibis
Nipponia nippon	Japanese crested ibis

Waterfowl¶


Anas aucklandica nesiotis	Campbell Island Flightless teal
Anas laysanensis	Laysan duck
Anas oustaleti	Marianas Island duck (otherwise known as Marianas Mallard)
Branta canadensis leucopareia	Aleutian Canada goose
Branta sandvicensis	Hawaiian goose (otherwise known as Nene)
Cairina scutulata	White winged wood duck
Rhodonessa caryophyllacea	Pink-headed duck

Diurnal Birds of Prey¶


Cathartidae	New world vultures
Pandion haliaetus	Osprey
Accipitridae	True hawks
Sagittarius serpentarius	Secretary bird
Falconidae	Falcons

Gamebirds¶


Aburria jacutinga	Black-fronted curassow (otherwise known as Black-fronted guan)
Aburria pipile	White-headed curassow (otherwise known as Piping guan)
Catreus wallichii	Cheer pheasant
Colinus virginianus ridgwayi	Masked bobwhite
Crax blumenbachii	Red-billed curassow
Crax mitu	Razor-billed curassow
Crossoptilon crossoptilon	White Eared-pheasant
Crossoptilon mantchuricum	Brown Eared-pheasant
Lophophorus impejanus	Himalayan monal
Lophophorus lhuysii	Chinese monal
Lophophorus sclateri	Sclater’s monal
Lophura edwardsi	Edward’s pheasant
Lophura imperialis	Imperial pheasant
Lophura swinhoei	Swinhoe’s pheasant
Macrocephalon maleo	Maleo Fowl
Oreophasis derbianus	Horned guan
Penelope albipennis	White-winged guan
Polyplectron emphanum	Palawan peacock pheasant
Syrmaticus ellioti	Elliot’s pheasant
Syrmaticus humiae	Hume’s pheasant (otherwise known as Bar-tailed pheasant)
Syrmaticus mikado	Mikado pheasant
Tetraogallus caspius	Caspian snowcock
Tetraogallus tibetanus	Tibetan snowcock
Tragopan blythii	Blyth’s tragopan
Tragopan caboti	Cabot’s tragopan
Tragopan melanocephalus	Western tragopan
Tympanuchus cupido attwateri	Attwater’s prairie chicken

Cranes and rails¶


Grus americana	Whooping crane
Grus canadensis nesiotes	Cuban sandhill crane
Grus canadensis pulla	Mississippi sandhill crane
Grus japonensis	Manchurian crane (otherwise known as Japanese crane)
Grus leucogeranus	Siberian White crane
Grus monacha	Hooded crane
Grus nigricollis	Black-necked crane
Grus vipio	White-necked crane (otherwise known as White-naped crane)
Tricholimnas sylvestris	Lord Howe wood-rail
Rhynochetos jubatus	Kagu
Chlamydotis undulata	Houbara bustard
Choriotis nigriceps (otherwise known as Ardeotis nigriceps)	Great Indian bustard
Eupodotis bengalensis	Bengal florican

Waders and Gulls¶


Numenius borealis	Eskimo curlew
Tringa guttifer	Spotted greenshank (otherwise known as Nordmann’s greenshank)
Larus relictus	Relict gull

Pigeons and doves¶


Caloenas nicobarica	Nicobar pigeon
Ducula mindorensis	Mindoro imperial pigeon

Parrots¶


Amazona arausiaca	Red-necked parrot (otherwise known as Red-necked amazon)
Amazona barbadensis	Yellow-shouldered parrot (otherwise known as Yellow-shouldered amazon)
Amazona brasiliensis	Red-tailed parrot (otherwise known as Red-tailed amazon)
Amazona guildingii	St. Vincent parrot (otherwise known as St. Vincent amazon)
Amazona imperialis	Imperial parrot (otherwise known as Imperial amazon)
Amazona leucocephala	Cuban parrot (otherwise known as Cuban amazon)
Amazona pretrei	Red-spectacled parrot (otherwise known as Red-spectacled amazon)
Amazona rhodocorytha(otherwise known as Amazona dufresniana rhodocorytha)	Red-crowned parrot (otherwise known as Red-crowned amazon)
Amazona versicolor	St Lucia parrot (otherwise known as St Lucia amazon)
Amazona vinacea	Vinaceous parrot (otherwise known as Vinaceous amazon)
Amazona vittata	Puerto Rico parrot (otherwise known as Puerto Rican amazon)
Anodorhynchus glaucus	Glaucous macaw
Anodorhynchus leari	Lear’s macaw
Aratinga guaruba	Golden parakeet (otherwise known as Golden conure)
Cyanopsitta spixii	Spix’s macaw
Cyanoramphus auriceps forbesi	Forbes’ parakeet
Cyanoramphus novaezelandiae	Red-fronted parakeet
Cyclopsitta diophthalma coxeni (otherwise known as Opopsitta diophthalma coxeni)	Coxen’s fig parrot
Geopsittacus occidentalis	Australian night parrot
Neophema chrysogaster	Orange-bellied parakeet (otherwise known as Orange-bellied parrot)
Pezoporus wallicus	Ground parrot
Pionopsitta pileata	Red-capped parrot (otherwise known as Pileated parrot)
Psephotus chrysopterygius	Golden-shouldered parakeet (otherwise known as Golden-shouldered parrot or Hooded parakeet)
Psephotus pulcherrimus	Paradise parrot
Psittacula echo (otherwise known as Psittacula krameri echo)	Mauritius parakeet (otherwise known as Mauritius ring-necked parakeet)
Psittacus erithacus princeps	Fernando Po grey parrot
Pyrrhura cruentata	Blue-throated conure
Rhynchopsitta pachyrhyncha	Thick-billed parrot
Rhynchopsitta terrisi	Maroon-fronted parrot
Strigops habroptilus	Kakapo (otherwise known as Owl parrot)

Hummingbirds¶


Ramphodon dohrnii	Hook-billed hermit

Trogons¶


Pharomachrus mocinno costaricensis	Costa Rican quetzal (otherwise known as Resplendent quetzal)
Pharomachrus mocinno mocinno	Magnificent quetzal (otherwise known as Resplendent quetzal)

Owls¶


Tytonidae	Barn owls
Strigidae	Typical owls

Hornbills¶


Buceros bicornis (otherwise known as Buceros homrai	Great pied hornbill
Rhinoplax vigil	Helmeted hornbill

Woodpeckers¶


Campephilus imperialis	Imperial woodpecker
Dryocopus javensis richardsi	Tristram’s woodpecker (otherwise known as White-bellied black woodpecker)

Songbirds¶


Cotinga maculata	Banded cotinga
Xipholena atropurpurea	White-winged cotinga
Pitta kochi	Koch’s pitta
Atrichornis clamosa	Noisy scrub-bird
Leucopsar rothschildi	Rothschild’s mynah
Dasyornis brachypterus longirostris	Western bristlebird
Dasyornis broadbenti littoralis	Western rufous bristlebird
Picathartes gymnocephalus	White-necked rockfowl (otherwise known as Yellow-headed rockfowl or Guinea bear-headed rockfowl)
Picathartes oreas	Grey-necked rockfowl (otherwise known as Cameroon bare-headed rockfowl or Red-headed rockfowl)
Zosterops albogularis	White-breasted silver-eye
Meliphaga cassidix	Helmeted honeyeater
Spinus cucullatus (otherwise known as Carduelis cucullatus)	Red siskin

REPTILES¶

3The kinds of reptile specified in the first column below—

Crocodilians¶


Alligator sinensis	Chinese alligator
Caiman crocodilus apaporiensis	Rio Apaporis caiman (otherwise known as Spectacled caiman)
Caiman latirostris	Broad-nosed caiman
Melanosuchus niger	Black caiman
Crocodylus acutus	American crocodile
Crocodylus cataphractus	African slender-snouted crocodile (otherwise known as African sharp-nosed crocodile)
Crocodylus intermedius	Orinoco crocodile
Crocodylus moreletii	Morelet’s crocodile
Crocodylus niloticus	Nile crocodile
Crocodylus novaeguineae mindorensis	Philippine crocodile
Crocodylus palustris	Mugger (otherwise known as Marsh crocodile or Broad-snouted crocodile)
Crocodylus porosus	Estuarine crocodile (otherwise known as Salt-water crocodile)
Crocodylus rhombifer	Cuban crocodile
Crocodylus siamensis	Siamese crocodile
Osteolaemus tetraspis	West African dwarf crocodile
Tomistoma schlegelii	False gharial (otherwise known as False gavial)
Gavialis gangeticus	Indian gharial (otherwise known as Indian gavial)

Iguanas¶


Brachylophus	Fijian iguanas
Cyclura	Caribbean rock iguanas
Sauromalus varius	San Esteban Island chuck-walla

Lizards¶


Varanus bengalensis	Bengal monitor (otherwise known as Indian monitor or Common monitor)
Varanus flavescens	Yellow monitor
Varanus griseus	Desert monitor (otherwise known as Agra monitor or Grey monitor)
Varanus komodoensis	Komodo dragon

Snakes¶


Acrantophis	Madagascar boas
Bolyeria	Round island boas
Casarea	Round island boas
Epicrates inornatus	Yellow tree boa
Epicrates subflavus	Jamaican boa
Python molurus molurus	Indian python (otherwise known as Indian rock python)
Sanzinia madagascariensis	Madagascar boa

Tuatara¶


Sphenodon punctatus	Tuatara

Chelonians¶


Batagur baska	River terrapin (otherwise known as Tuntong)
Geoclemys hamiltonii (otherwise known as Damonia hamiltonii)	Black pond turtle (otherwise known as Spotted pond turtle)
Melanochelys tricarinata (otherwise known as Geoemyda tricarinata or Nicoria tricarinata)	Three-keeled turtle (otherwise known as Three-keeled land tortoise)
Kachuga tecta tecta	Indian tent turtle (otherwise known as Indian sawback turtle or Roofed turtle or Dura turtle)
Morenia ocellata	Burmese swamp turtle
Terrapene coahuila	Aquatic box turtle (otherwise known as Water box turtle)
Geochelone elephantopus (otherwise known as Testudo elephantopus)	Galapagos giant tortoise
Geochelone radiata (otherwise known as Testudo radiata)	Radiated tortoise (otherwise known as Rayed tortoise)
Geochelone yniphora (otherwise known as Testudo yniphora)	Madagascar tortoise (otherwise known as Rayed tortoise or Angonoka)
Gopherus flavomarginatus (otherwise known as Crophemus polyphemus flavomarginatus)	Mexican gopher tortoise
Psammobates geometricus (otherwise known as Testudo geometricus)	Geometric tortoise
Cheloniidae	Sea turtles
Dermochelys coriacea	Leatherback turtle (otherwise known as Leathery turtle or Luth)
Lissemys punctata punctata	Indian flap-shelled turtle
Trionyx ater	Cuatro Cienegas soft-shell turtle (otherwise known as Black soft-shelled turtle)
Trionyx gangeticus	Ganges soft-shelled turtle (otherwise known as Indian soft-shelled turtle)
Trionyx hurum	Peacock-marked soft-shelled turtle
Trionyx nigricans	Dark-coloured soft-shelled turtle
Pseudemydura umbrina	Short-necked turtle (otherwise known as Western swamp turtle)

AMPHIBIANS¶

The kinds of amphibian specified in the first column below—


Andrias davidianus (otherwise known as Megalo batrachus davidianus)	Chinese giant salamander
Andrias japonicus (otherwise known as Megalobatrachus japonicus)	Japanese giant salamander
Atelopus varius zeteki	Golden frog (otherwise known as Zetek’s frog)
Bufo periglenes	Golden toad (otherwise known as Orange toad)
Bufo superciliaris	Cameroon toad
Nectophrynoides	Viviparous toads

FISH¶

5The kinds of fish specified in the first column below—

Kind	Common name
Acipenser brevirostrum	Shortnose sturgeon
Scleropages formosus	Asiatic bonytongue
Coregonus alpenae	Longjaw cisco
Chasmistes cujus	Cui-ui
Probarbus jullieni	lkan temolek
Pangasianodon gigas	Giant catfish
Stizostedion vitreum glaucum	Blue walleye
Cynoscion macdonaldi	Drum fish

MOLLUSCS¶

6The kinds of mollusc specified below—Conradilla caelataDromus dromasEpioblasma florentina curtisi (otherwise known as Dysnomia florentina curtisi)Epioblasma florentina florentina (otherwise known as Dysnomia florentina florentina)Epioblasma sampsoni (otherwise known as Dysnomia sampsoni)Epioblasma sulcata perobliqua (otherwise known as Dysnomia sulcata perobliqua)Epioblasma torulosa gubernaculum (Otherwise known as Dysnomia torulosa gubernaculum)Epioblasma torulosa torulosa (otherwise known as Dysnomia torulosa torulosa)Epioblasma turgidula (otherwise known as Dysnomia turgidula)Epioblasma walkeri (otherwise known as Dysnomia walkeri)Fusconaia cuneolusFusconaia edgarianaLampsilis higginsiLampsilis orbiculata orbiculataLampsilis saturaLampsilis verescensPlethobasus cicatricosusPlethobasus cooperianusPleurobema plenumPotamilus capax (otherwise known as Proptera capax)Quadrula intermediaQuadrula sparsaToxolasma cylindrella (otherwise known as Carunculina cylindrella)Unio nickliniana (otherwise known as Megalonaias nickliniana)Unio tampicoensis tecomatensis (otherwise known as Lampsilis tampicoensis tecomatensis)Villosa trabalis (otherwise known as Micromya trabalis)NOTE. The second column of this Schedule gives a common name or names, where available, and is included by way of guidance only ; in the event of any dispute or proceedings, only the first column is to be taken into account.

Part III ¶

Schedule inserted as Schedule 5¶

SCHEDULE 5 ¶

Plants the sale etc. of which is restricted ¶

This Schedule applies to the kinds of plant specified in the second column below—

Family	Kind
Apocynaceae	Pachypodium namaquanum
Araceae	Alocasia sanderana
Cactaceae	Ariocarpus agavoides
	Ariocarpus scapharostrus
	Aztekium ritteri
	Echinocereus lindsayi
	Obregonia denegrii
	Pelecyphora aselliformis
	Pelecyphora strobiliformis
Caryocaraceae	Caryocar costaricense
Caryophyllaceae	Gymnocarpus przewalskii
	Melandrium mongolicus
	Silene mongolica
	Stellaria pulvinata
Cupressaceae	Fitzroya cupressoides
	Pilgerodendron uviferum
Cycadaceae	Mirocycas calocoma
Gentianaceae	Prepusa hookeriana
Humiriaceae	Vantanea barbourii
Juglandaceae	Engelhardtia pterocarpa
Leguminosae	Ammopiptanthus mongolicum
	Cynometra hemitomophylla
	Platymiscium pleiostachyum
	Tachigalia versicolor
Liliaceae	Aloe albida
	Aloe pillansii
	Aloe polyphylla
	Aloe thorncropftii
	Aloe vossii
Melastomataceae	Lavoisiera itambana
Meliaceae	Guarea longipetiola
Moraceae	Batocarpus costaricensis
Nepenthaceae	Nepenthes rajah
Orchidaceae	Cattleya skinneri
	Cattleya trianae
	Didiciea cunninghamii
	Laelia jongheana
	Laelia lobata
	Lycaste virginalis var alba
	Peristeria elata
	Renanthera imschootiana
	Vanda coerulea
Pinaceae	Abies guatemalensis
	Abies nebrodensis
Podocarpaceae	Podocarpus costalis
	Podocarpus parlatorei
Proteaceae	Orothamnus zeyheri
	Protea odorata
Rubiaceae	Balmea stormae
Sarraceniaceae	Sarracenia alabamensis alabamensis
	Sarracenia jonesii
	Sarracenia oreophila
Saxifragaceae (otherwise known as Grossulariaceae)	Ribes sardoum
Stangeriaceae	Stangeria eriopus
Ulmaceae	Celtis aetnensis
Welwitschiaceae	Welwitschia bainesii
Zamiaceae	Encephalartos
Zingiberaceae	Hedychium philippinense

SCHEDULE 10A ¶

Delegation of Appellate Functions

Interpretation¶

1In this Schedule—

“ appointed person ” means a person appointed under section 28F(8) or 28L(10); and
“ appointment ”, in the case of any appointed person, means appointment under either of those provisions.

Appointments¶

2An appointment under section 28F(8) or 28L(10) must be in writing and—

a may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified;

b may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and

c may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal or matter which has not been determined by the appointed person before that time.

Powers of appointed person¶

3Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal or matter to which his appointment relates, have the same powers and duties as the Secretary of State, other than—

a any function of making regulations;

b any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or

c any function of appointing a person for the purpose—

i of enabling persons to appear before and be heard by the person so appointed, or

ii of referring any question or matter to that person.

Holding of local inquiries and other hearings by appointed persons¶

1 If either of the parties to an appeal or matter expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.

2 Whether or not a party to an appeal or matter has asked for an opportunity to appear and be heard, the appointed person—

a may hold a local inquiry or other hearing in connection with the appeal or matter, and

b shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal or matter.

3 Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter.

4 Subject to section 28F(10) or 28L(12), the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.

Revocation of appointments and making of new appointments¶

1 Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal or matter, the Secretary of State shall, unless he proposes to determine the appeal or matter himself, appoint another person under section 28F(8) or 28L(10) to determine the appeal or matter instead.

2 Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh.

3 Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Certain acts and omissions of appointed persons to be treated as those of the Secretary of State¶

1 Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State.

2 Sub-paragraph (1) shall not apply—

a for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or

b for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.

SCHEDULE 11 ¶

Procedure in Connection with Certain Orders under Part II

Sections 29 and 34.

Coming into operation¶

^F589 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicity for orders¶

^F590 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unopposed orders¶

^F591 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Opposed orders¶

^F592 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on power to amend orders or confirm them with modifications¶

^F593 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of final decision on orders¶

^F594 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings for questioning validity of orders¶

^F595 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation¶

^F596 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F777 SCHEDULE 12 ¶

Procedure in Connection With Orders Under Section 36

Section 36.

Consultation¶

^F777 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicity for draft orders¶

^F777 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unopposed orders¶

^F777 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Opposed orders¶

^F777 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on power to make orders with modifications¶

^F777 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local inquiries¶

^F777 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of making of orders¶

^F777 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings for questioning validity of orders¶

^F777 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental¶

^F777 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F597 SCHEDULE 13 ¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

SCHEDULE 14 ¶

Applications for Certain Orders Under Part III

Section 53.

Form of applications¶

1An application shall be made in the prescribed form and shall be accompanied by—

a a map drawn to the prescribed scale and showing the way or ways to which the application relates; and

b copies of any documentary evidence (including statements of witnesses) which the applicant wishes to adduce in support of the application.

Notice of applications¶

1 Subject to sub-paragraph (2), the applicant shall serve a notice stating that the application has been made on every owner and occupier of any land to which the application relates.

2 If, after reasonable inquiry has been made, the authority are satsified that it is not practicable to ascertain the name or address of an owner or occupier of any land to which the application relates, the authority may direct that the notice required to be served on him by sub-paragraph (1) may be served by addressing it to him by the description “owner” or “occupier” of the land (describing it) and by affixing it to some conspicuous object or objects on the land.

3 When the requirements of this paragraph have been complied with, the applicant shall certify that fact to the authority.

4 Every notice or certificate under this paragraph shall be in the prescribed form.

Determination by authority¶

1 As soon as reasonably practicable after receiving a certificate under paragraph 2(3), the authority shall—

a investigate the matters stated in the application; and

b after consulting with every local authority whose area includes the land to which the application relates, decide whether to make or not to make the order to which the application relates.

2 If the authority have not determined the application within twelve months of their receiving a certificate under paragraph 2(3), then, on the applicant making representations to the Secretary of State, the Secretary of State may, after consulting with the authority, direct the authority to determine the application before the expiration of such period as may be specified in the direction.

3 As soon as practicable after determining the application, the authority shall give notice of their decision by serving a copy of it on the applicant and any person on whom notice of the application was required to be served under paragraph 2(1).

Appeal against a decision not to make an order¶

1 Where the authority decide not to make an order, the applicant may, at any time within 28 days after service on him of notice of the decision, serve notice of appeal against that decision on the Secretary of State and the authority.

2 If on considering the appeal the Secretary of State considers that an order should be made, he shall give to the authority such directions as appear to him necessary for the purpose (which may include a direction as to the time within which an order is to be made).

Interpretation¶

1 In this Schedule—

“ application ” means an application under section 53(5);
“ local authority ” means a non-metroplitan district council , a parish ^F600 . . . council or the parish meeting of a parish not having a separate parish council but, in relation to Wales, means a community council ;
“ prescribed ” means prescribed by regulations made by the Secretary of State.

2 Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 15 ¶

Procedure in Connection with Certain Orders Under Part III

Sections 53 and 54.

Consultation¶

1Before making an order, the authority shall consult with every local authority whose area includes the land to which the order relates.

Coming into operation¶

2An order shall not take effect until confirmed either by the authority or the Secretary of State under paragraph 6 or by the Secretary of State under paragraph 7.

Publicity for orders¶

1 On making an order, the authority shall give notice in the prescribed form—

a describing the general effect of the order and stating that it has been made and requires confirmation;

b naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and

c specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order , which must include particulars of the grounds relied on, may be made.

2 Subject to sub-paragraph (4), the notice to be given under sub-paragraph (1) shall be given—

a by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated;

b by serving a like notice on—

i every owner and occupier of any of that land;

ii every local authority whose area includes any of that land;

iii every person on whom notice is required to be served in pursuance of sub-paragraph (3); and

iv such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and

c by causing a copy of the notice to be displayed in a prominent position—

i at the ends of so much of any way as is affected by the order;

ii at council offices in the locality of the land to which the order relates; and

iii at such other places as the authority may consider appropriate.

3 Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “ specified ” means specified in the requirement.

4 The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i); but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

5 Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (4) shall be complied with not less than 42 days before the expiration of the time specified in the notice.

6 A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order.

7 A notice required to be displayed by sub-paragraph (2)(c) at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

8 At any time after the publication of a notice under this paragraph and before the expiration of the period specified in the notice for the making of representations and objections, any person may require the authority to inform him what documents (if any) were taken into account in preparing the order and—

a as respects any such documents in the possession of the authority, to permit him to inspect them and take copies; and

b as respects any such documents not in their possession, to give him any information the authority have as to where the documents can be inspected;

and on any requirement being made under this sub-paragraph the authority shall comply therewith within 14 days of the making of the requirement.

9 Nothing in sub-paragraph (1)(c) or (8) shall be construed as limiting the grounds which may be relied on or the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 7 or 8.

Representations or objections made with respect to abandoned surveys or reviews¶

1 This paragraph applies where a survey begun under sections 27 to 32 of the 1949 Act, or a review begun under section 33 of that Act, is abandoned after a draft map and statement have been prepared.

2 If an order modifies the definitive map and statement so as—

a to show any particulars shown in the draft map and statement but not in the definitive map and statement; or

b to omit any particulars shown in the definitive map and statement but not in the draft map and statement,

any representation or objection duly made with respect to the showing in or omission from the draft map and statement of those particulars shall be treated for the purposes of paragraphs 6 and 7 as a representation or objection duly made with respect to the corresponding modifications made by the order.

Severance of orders¶

1 Where at any time representations or objections duly made and not withdrawn relate to some but not all of the modifications made by an order, the authority may, by notice given to the Secretary of State, elect that, for the purposes of the following provisions of this Schedule, the order shall have effect as two separate orders—

a the one comprising the modifications to which the representations or objections relate; and

b the other comprising the remaining modifications.

2 Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.

Unopposed orders¶

1 If no representations or objections are duly made, or if any so made are withdrawn, the authority may—

a confirm the order without modification; or

b if they require any modification to be made, submit the order to the Secretary of State for confirmation by him.

2 Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State may confirm the order with or without modifications.

Opposed orders¶

^E54 7

1 If any representation or objection duly made is not withdrawn the authority shall submit the order to the Secretary of State for confirmation by him.

2 Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall , subject to sub-paragraph (2A), either—

a cause a local inquiry to be held; or

b afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

2A The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications.

3 On considering any representations or objections duly made and the report of any person appointed to hold an inquiry or hear representations or objections, the Secretary of State may confirm the order with or without modifications.

Restriction on power to confirm orders with modifications¶

^E56 8

1 The Secretary of State shall not confirm an order with modifications so as—

a to affect land not affected by the order;

b not to show any way shown in the order or to show any way not so shown; or

c to show as a highway of one description a way which is shown in the order as a highway of another description,

except after complying with the requirements of sub-paragraph (2).

2 The said requirements are that the Secretary of State shall—

a give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal , which must include particulars of the grounds relied on, may be made;

b if any representation or objection duly made is not withdrawn (but subject to sub-paragraph (3)), hold a local inquiry or afford any person by whom any such representation or objection has been made an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

c consider the report of any person appointed to hold an inquiry or to hear representations or objections.

3 The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his proposal.

4 Sub-paragraph (2)(a) shall not be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under this paragraph.

Local inquiries¶

^F610 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of inspectors etc. ¶

1 A decision of the Secretary of State under paragraph 6, 7 or 8 shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.

2 The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

3 Where the Secretary of State has appointed a person to make a decision under paragraph 6, 7 or 8 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

4 Where by virtue of sub-paragraph (2) or (3) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

5 Regulations under this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

Hearings and local inquiries¶

10A

1 Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the ^M51 Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to any hearing or local inquiry held under paragraph 7 or 8 in England as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.

2 In its application to a hearing or inquiry held under paragraph 7 or 8 by a person appointed under paragraph 10(1), subsection (5) of that section shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.

3 Section 322A of the ^M52 Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) shall apply in relation to a hearing or local inquiry under paragraph 7 or 8 in England as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.

4 Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under paragraph 7 or 8 in Wales as it applies in relation to a hearing or inquiry mentioned in that section.

Notice of final decisions on orders¶

1 As soon as practicable after a decision to confirm an order is made or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice—

a describing the general effect of the order as confirmed and stating that it has been confirmed (with or without modification) and the date on which it took effect; and

b naming a place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours.

2 A notice under sub-paragraph (1) shall be given—

a by publication in the manner required by paragraph 3(2)(a);

b by serving a like notice on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4); and

c by causing like notices to be displayed in the like manner as the notices required to be displayed under paragraph 3(2)(c).

3 A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as confirmed as relates to that land or, as the case may be, the area of that authority; and, in the case of an order which has been confirmed with modifications, a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order as confirmed.

4 As soon as practicable after a decision not to confirm an order or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4).

Proceedings for questioning validity of orders¶

1 If any person is aggrieved by an order which has taken effect and desires to question its validity on the ground that it is not within the powers of section 53 or 54 or that any of the requirements of this Schedule have not been complied with in relation to it, he may within 42 days from the date of publication of the notice under paragraph 11 make an application to the High Court under this paragraph.

2 On any such application the High Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant.

3 Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatsoever.

Supplemental¶

1 The Secretary of State may, subject to the provisions of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders as appears to him to be expedient.

2 In this Schedule—

“ council offices ” means offices or buildings acquired or provided by the authority or by a local authority;
“ local authority ” means a non-metropolitan district council , a parish ^F614 . . . council or the parish meeting of a parish not having a separate parish council but, in relation to Wales, means a community council ;
“ order ” means an order to which the provisions of this Schedule apply;
“ prescribed ” means prescribed by regulations made by the Secretary of State.

3 Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

^X16 SCHEDULE 16 ¶

Orders Creating, Extinguishing or Diverting Footpaths or Bridleways

Section 63.

^F616 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Highways Act 1980¶

1 In subsection (1) of section 119 of the Highways Act 1980 (diversion of footpaths and bridleways) for the words from the beginning to “or on to land” there shall be substituted the words “Where it appears to a council as respects a footpath or bridleway in their area (other than one that is a trunk road or a special road) that, in the interests of the owner, lessee or occupier of land crossed by the path or way or of the public, it is expedient that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or”.

2 In subsection (5) of that section for the words “the council may require the owner, lessee or occupier on whose representations they are acting” there sball be substituted the words “on the representations of an owner, lessee or occupier of land crossed by the path or way, the council may require him”.

1 In sub-paragraphs (1)(b) and 2(b) of paragraph I of Schedule 6 to that Act (procedure as to certain orders relating to footpaths and bridleways) after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge”.

2 For sub-paragraph (3) of that paragraph there shall be substituted the following sub-paragraph—

3 The notices to be given under sub-paragraph (1) or (2) above shall be given—

a by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated ;

b by serving a like notice on—

i every owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977) of any of that land ;

ii every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land ;

iii every person on whom notice is required to be served in pursuance of sub-paragraph (3A) or (3B) below ; and

iv such other persons as may be prescribed in relation to the area in which that land is situated or as the authority or, as the case may be, the Secretary of State may consider appropriate ; and

c by causing a copy of the notice to be displayed in a prominent position—

i at the ends of so much of any footpath or bridleway as is created, stopped up or diverted by the order ;

ii at council offices in the locality of the land to which the order relates ; and

iii at such other places as the authority or, as the case may be, the Secretary of State may consider appropriate.

3 After that sub-paragraph there shall be inserted the following sub-paragraphs—

3A Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such public path creation orders, public path extinguishment orders and public path diversion orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “ specified ” means specified in the requirement.

3B Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders and draft public path diversion orders as are prepared bv the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “ specified ” means specified in the requirement.

3C The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub- paragraph (3)(b)(i) above ; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

4 After sub-paragraph (4) of that paragraph there shall be inserted the following sub-paragraphs—

7After paragraph 2 of that Schedule there shall be inserted the following paragraph—

1 A decision of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State shall, except in such classes of case as may for the tim,- being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State ; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.

2 The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) above and apart from this sub-paragraph, fahs to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

3 Where the Secretary of State has appointed a person to make a decision under paragraph 2 above the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

4 Where by virtue of sub-paragraph (2) or (3) above a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

5 Provision may be made by regulations of the Secretary of State for the giving of publicity to any directions given by the Secretary of State under this paragraph.

1 In paragraph 4 of that Schedule after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge” and for heads (a) and (b) there shall be substituted the following heads—

2 That paragraph as so amended shall be renumbered as paragraph 4(1) of that Schedule and after that provision as so renumbered there shall be inserted the following sub-paragraphs—

9After that paragraph there shall be inserted the following paragraph—

Supplemental¶

1 The amendments made by the foregoing provisions of this Schedule shall not apply in relation to any order if it was made or a draft thereof was prepared, or a notice relating to it was given under paragraph 1 of the relevant Schedule, before the commencement date.

2 Any reference in this paragraph to Schedule 6 to the ^M53 Highways Act 1980 includes a reference to that Schedule as applied by paragraph 3 of the provisions of Part I of Schedule 3 to the 1968 Act which relate to the ^M54 Acquisition of Land (Authorisation Procedure) Act 1946.

^X17SCHEDULE 17 ¶

Enactments repealed

Section 73.

Part I Enactments repealed one month after the passing of this Act¶

Chapter	Short title	Extent of repeal
12, 13 & 14 Geo. 6. c. 97.	The National Parks and Access to the Countryside Act 1949.	Section 23.
1968 c. 41.	The Countryside Act 1968.	Section 14.
		In section 15(1) the words “which is not for the time being managed as a nature reserve but”.
1973 c. 37.	The Water Act 1973.	In section 22(3) the words “not being land for the time being managed as a nature reserve”.
1973 c. 54.	The Nature Conservancy Council Act 1973.	Section 3.
1973 c. 65.	The Local Government (Scotland) Act 1973.	In Schedule 27, in Part II, paragraph 101.
1980 c. 66.	The Highways Act 1980.	In section 134, subsection (3) and in subsection (5) the words “(3) or”.
		In section 135(1), the words “6 or” and “6 weeks or”.

Part II Enactments repealed on a day to be appointed¶

Chapter	Short title	Extent of repeal
2 & 3 Geo. 5. c. 14	The Protection of Animals (Scotland) Act 1912.	In section 9 the words “or any snare” and “or snare”.
12, 13 & 14 Geo. 6. c. 97.	The National Parks and Access to the Countryside Act 1949.	Sections 2 and 4.
		Sections 27 to 35.
		Section 38.
		Section 95.
2 & 3 Eliz. 2. c. 30.	The Protection of Birds Act 1954.	The whole Act.
1963 c. 33.	The London Government Act 1963.	In section 60, subsections (1) to (4).
1963 c. 36	The Deer Act 1963.	In Schedule 2, in paragraph 1 the words “of less guage than 12 bore” and in paragraph 4 the words from “other than” onwards.
1964 c. 59.	The Protection of Birds Act 1954 (Amendment) Act 1964.	The whole Act.
1967 c. 46.	The Protection of Birds Act 1967.	The whole Act.
1968 c. 41.	The Countryside Act 1968.	In section 1, subsection (4) and, in subsection (5), the words “and 2(1)” and the words “and in section 4(1)” onwards.
		Section 3.
		In Schedule 3, in Part I, the entry relating to the National Parks and Access to the Countryside Act 1949, and Parts II, III and IV.
1970 c. 30.	The Conservation of Seals Act 1970.	In section 10(1)(c), the word “or” immediately following sub-paragraph (ii).
1971 c. 23.	The Courts Act 1971.	In Schedule 8, paragraph 31.
		In Schedule 9, in Part II, the entry relating to section 31 of the National Parks and Access to the Countryside Act 1949.
1971 c. 78.	The Town and Country Planning Act 1971.	In Schedule 20, in paragraph 1(2)(a), the words “in the London Gazette and”.
1972 c. 70.	The Local Government Act 1972.	In Schedule 17, paragraphs 22 to 33.
		In Schedule 29, paragraph 37.
1973 c. 37.	The Water Act 1973.	In Schedule 8, paragraph 67.
1973 c. 54.	The Nature Conservancy Council Act 1973.	In section 5(3) the words from the beginning to “save as aforesaid”.
1973 c. 57.	The Badgers Act 1973.	Sections 6 and 7.
		Section 8(2)(c).
		In section 11, the definitions of “area of special protection” and “authorised person”.
1973 c. 65.	The Local Government (Scotland) Act 1973.	In Schedule 27, in Part II, paragraphs 115 and 168.
1975 c. 21.	The Criminal Procedure (Scotland) Act 1975.	In Schedule 7C, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975.
1975 c. 48.	The Conservation of Wild Creatures and Wild Plants Act 1975.	The whole Act.
1976 c. 16.	The Statute Law (Repeals) Act 1976.	In Schedule 2, in Part II, the entry relating to the Protection of Birds Act 1967.
1976 c. 72.	The Endangered Species (Import and Export) Act 1976.	Section 13(6).
1977 c. 45.	The Criminal Law Act 1977.	In Schedule 6, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975.
1979 c. 2.	The Customs and Excise Management Act 1979.	In Schedule 4, in paragraph 12, in the Table the entry relating to the Protection of Birds Act 1954.
1980 c. 66.	The Highways Act 1980.	In section 31(10) the words “or of that subsection” onwards.
		Section 340(2)(d).
1981 c. 22.	The Animal Health Act 1981.	In Schedule 5, paragraph 1.
1981 c. 37.	The Zoo Licensing Act 1981.	In section 4(5), the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975.

Footnotes

C1
Act amended (1.4.1996) by S.I. 1996/593, reg. 2 , Sch. 1
Act: certain functions transferred (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(1), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)
E1
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F1
Words in s. 1(1) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(a); S.S.I. 2004/407, art. 2
F2
Words in s. 1(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(b); S.S.I. 2004/407, art. 2
F3
S. 1(1)(ba)(bb) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(c); S.S.I. 2004/407, art. 2
F4
Words in s. 1(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(a); S.S.I. 2004/407, art. 2
F5
Word in s. 1(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(b); S.S.I. 2004/407, art. 2
F6
Words in s. 1(3)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(c); S.S.I. 2004/407, art. 2
F7
S. 1(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(d); S.S.I. 2004/407, art. 2
F8
Words in s. 1(3) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(e); S.S.I. 2004/407, art. 2
F9
S. 1(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(4); S.S.I. 2004/407, art. 2
F10
S. 1(4) repealed (30.1.2001 for E.W and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5
F11
Words in s. 1(5) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 1 and inserted by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(5); S.S.I. 2004/407, art. 2
F12
Words in s. 1(5) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5
F13
S. 1(5A)-(5C) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(6); S.S.I. 2004/407, art. 2
F14
S. 1(1)(aa) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(2),107; S.I. 2006/1382, art. 2
F15
Word in s. 1(3)(a) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(a)(i)} and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(a)(i)
F16
Words in s. 1(3)(a) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(a)(ii)} and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(a)(ii)
F17
Word in s. 1(3)(b) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(b)(i)} and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(b)(i)
F18
Words in s. 1(3)(b) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(b)(ii)} and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(b)(ii)
F19
Words in s. 1(3) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(c)} and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(c)
F20
S. 1(3A) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(d)} and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(d)
F21
1954 c. 30; 1964 c. 59; 1967 c. 46.
F22
Words in s. 1(3A)(c) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(a)(i)
F23
1964 c. 29.
F24
1976 c. 86.
F25
Words in s. 1(3A)(d) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(a)(ii)
F26
S. 1(6)(6A) substituted (E.W.) (1.10.2006) for s. 1(6) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 48(1),107; S.I. 2006/2541, art. 2
F27
Words in s. 1(6A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(b)
E2
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F28
S. 2(2) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 3(a); S.S.I. 2004/407, art. 2
F29
Words in s. 2(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 3(b); S.S.I. 2004/407, art. 2
F30
Words in s. 2(4)(a) omitted (S.) (4.11.2001) by virtue of S.S.I. 2001/337, reg. 2(2)
E3
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
C2
S.2(6): Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
E4
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F31
Words in s. 3(1)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 2
F32
Word in s. 3(4) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
E5
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
E6
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
M1
1947 c. 48.
M2
1948 c. 45.
M3
1981 c. 22.
F33
Words in s. 4(2)(c) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(2); S.S.I. 2004/407, art. 2
F34
S. 4(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(3); S.S.I. 2004/407, art. 2
F35
Words in s. 4(3)(c) substituted (30.11.1995) by S.I. 1995/2825, reg. 2(1)
F36
S. 4(4)-(6) inserted (30.11.1995) by S.I. 1995/2825, reg. 2(2)
F37
Words in s. 4(4) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(4); S.S.I. 2004/407, art. 2
F38
Words in s. 4(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(5)(a); S.S.I. 2004/407, art. 2
F39
Word in s. 4(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(5)(b); S.S.I. 2004/407, art. 2
F40
Words in s. 4(6) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(6); S.S.I. 2004/407, art. 2
E7
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F41
Words in s. 4(1)(c) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(4)(a),107; S.I. 2006/1382, art. 2
E8
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F42
Word in s. 5(1)(a) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 6(a); S.S.I. 2004/407, art. 2
F43
Word "or" in s. 5(1)(d) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(2), 3(3).
F44
Word "or" and s. 5(1)(f) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(3), 3(3).
F45
Words in s. 5(1) repealed (30.1.2001 for E.W. and 26.3.2002 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5
F46
S. 5(4A) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(4), 3(3).
F47
S. 5((5)(a)(b) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 6(b); S.S.I. 2004/407, art. 2
E9
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
M4
1954 c. 30.
E10
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
F48
S. 6(8): paras. (a)(b) and preceding words substituted (S.) (26.3.2003) for paras. (a)(b) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 2
M5
1974. c. 53.
E11
This version on this provision extends to England and Wales only; a separate version has been created for Scotland only.
F49
Words in s. 6(2) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 3, Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
F50
S. 6(4) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5
F51
S. 6(5)-(5B) substituted (E.W.) (1.10.2006) for s. 6(5) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 48(2), 107; S.I. 2006/2541, art. 2
F52
Words in s. 6(5A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(3)}
F53
S. 6(7)-(10) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
E12
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F54
Words in s. 7(1) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), s. 86, Sch. 5
F55
S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)
C3
S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.
F56
S. 7(3): paras. (a)(b) and preceding words substituted (S.) (26.3.2003) for paras. (a)(b) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 2
F57
Word in s. 7(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 7(a); S.S.I. 2004/407, art. 2
F58
S. 7(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 7(b); S.S.I. 2004/407, art. 2
F59
S. 7(4)(a)(b) substituted (S.) (26.3.2003) for words by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 3
M6
1974 c. 53.
E13
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F60
Words in s. 7(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
F61
S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)
C4
S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.
F62
Words in s. 7(3)(a) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(1)
F63
S. 7(3A) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(2)
F64
Words in s. 7(3A)(a)(i)(c)(i) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(4)(b), 107; S.I. 2006/1382, art. 2
F65
S. 7(3A)(ca) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 49, 107; S.I. 2006/2541, art. 2
M7
1974 c. 53.
F66
S. 7(6)(7) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
F67
Words in s. 8(1) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5
F68
Words in s. 8(3) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5
E14
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F69
Word in s. 9(1) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(2); S.S.I. 2004/407, art. 2
F70
Words in s. 9(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(a); S.S.I. 2004/407, art. 2
F71
Word in s. 9(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(b); S.S.I. 2004/407, art. 2
F72
Words in s. 9(3)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(c); S.S.I. 2004/407, art. 2
F73
S. 9(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(d); S.S.I. 2004/407, art. 2
F74
Words in s. 9(3) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(e); S.S.I. 2004/407, art. 2
F75
S. 9(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(4); S.S.I. 2004/407, art. 2
F76
Words in s. 9(4) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 5(a) and by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(5); S.S.I. 2004/407, art. 2
F77
S. 9(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(6); S.S.I. 2004/407, art. 2
F78
S. 9(5A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(7); S.S.I. 2004/407, art. 2
F79
Words in s. 9(6) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(8); S.S.I. 2004/407, art. 2
E15
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F80
S. 9(4) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(4)}
F81
S. 9(4A) inserted (E.W.) (30.1.2001) by 2000 c. 37 , ss. 81(1), 103(2), Sch. 12 para. 5(b)
E16
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
M8
1947 c. 48.
M9
1948 c. 45.
M10
1981 c. 22.
F82
Words in s. 10(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 70; S.I. 2006/2541, art. 2
F83
Words in s. 10(5) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(2); S.I. 1991/685, art.3.
E17
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F84
Words in s. 10(3)(c) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(a); S.S.I. 2004/407, art. 2
F85
S. 10(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(b); S.S.I. 2004/407 , art. 2
F86
Words in s. 10(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 70; S.I. 2006/2541, art. 2
F87
S. 10(6A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(c); S.S.I. 2004/407, art. 2
E18
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F88
Words in s. 11(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(4); S.S.I. 2004/407, art. 2
F89
Word "or" in s. 11(1)(b) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(a), 3(3).
F90
Word "or" and s. 11(1)(d) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(b), 3(3).
F91
S. 11(3)-(3E) substituted (S.) (1.10.2004) for s. 11(3) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(6); S.S.I. 2004/407, art. 2
F92
S. 11(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(7); S.S.I. 2004/407, art. 2
F93
Words in s. 11(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(8); S.S.I. 2004/407, art. 2
F94
Words in s. 11(5) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(5), 3(3).
F95
S. 11(7) added (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(6), 3(3).
E19
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F96
Words in s. 11(3)(a) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(4), 3(3).
E20
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F97
Words in s. 13(1)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(2)(a); S.S.I. 2004/407, art. 2
F98
Words in s. 13(1)(a) renumbered (S.) (1.10.2004) as s. 13(1)(a)(i) by virtue of Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(2)(b); S.S.I. 2004/407, art. 2
F99
S. 13(1)(a)(ii) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(2)(c); S.S.I. 2004/407, art. 2
F100
Words in s. 13(1)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(3); S.S.I. 2004/407, art. 2
F101
Words in s. 13(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(4); S.S.I. 2004/407, art. 2
F102
S. 13(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(5); S.S.I. 2004/407, art. 2
F103
Words in s. 13(4) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(6); S.S.I. 2004/407, art. 2
E21
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
E22
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
E23
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
C5
S. 14 excluded (E.W.) (21.8.2007) by S.I. 1994/2716, reg. 37C(9) (as inserted by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 5(12)}
C6
S. 14 excluded (E.W.) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 52(8)
F104
S. 14(5)(6) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV
X1
The text of ss. 15(1), 38(6), 40, 46(1)-(3), and 47(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
M11
1976 c. 72.
F105
Words in s. 15(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 71; S.I. 2006/2541, art. 2
F106
S. 14ZA inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 50, 107; S.I. 2006/2541, art. 2
F107
S. 14ZB inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 51, 107; S.I. 2006/2541, art. 2
F108
Ss. 14A, 14B inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 13; S.S.I. 2004/407, art. 2
F109
S. 15A inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 14; S.S.I. 2004/407, art. 2
C7
S. 16: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
E24
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F110
S. 16(1)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(a)
F111
S. 16(1)(ca)(cb) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(b)
F112
Words in s. 16(2)(k) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(c)
F113
S. 16(1A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(3)
F114
Words in s. 16(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 6
F115
Words in s. 16(4) substituted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(2); S.I. 2006/2541, art. 2
F116
Words in s. 16(5) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(4)
F117
S. 16(5A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(5)
F118
Words in s. 16(6) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(6)
M12
1911 c. 27.
M13
1912 c. 14.
F119
S. 16(8A) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 10(2)(5), 324(3); S.I. 2010/298, art. 2, Sch. Pt. 1 para. 2
F120
Words in s. 16(9) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 10(3)(5), 324(3); S.I. 2010/298, art. 2, Sch. Pt. 1 para. 2
F121
Words in s. 16(9)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(7)
F122
Word in s. 16(9) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(a); S.I. 1991/685, art. 3
F123
Words in s. 15(9)(a)(c)(10)(b)(11) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(3); S.I. 2006/2541, art. 2
F124
S. 16(9A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(8)
F125
Words in s. 16(9A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(5)
F126
Words in s. 16(10)(a) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3
F127
Words in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(a); S.I. 2006/2541, art. 2
F128
Words in s. 16(10)(a) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3
F129
Word in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(b); S.I. 2006/2541, art. 2
F130
Words in s. 16(10)(b) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(c); S.I. 1991/685, art. 3
F131
S. 16(11) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(d); S.I. 1991/685, art. 3
F132
S. 16(12) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 10(4)(5), 324(3); S.I. 2010/298, art. 2, Sch. Pt. 1 para. 2
C8
S. 16: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
E25
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F133
S. 16(1)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(a)
F134
S. 16(1)(ca)(cb) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(b)
F135
Words in s. 16(2)(k) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(c)
F136
S. 16(1A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(3)
F137
Words in s. 16(2)(b) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(a); S.S.I. 2004/407, art. 2
F138
Words in s. 16(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(i); S.S.I. 2004/407, art. 2
F139
Words in s. 16(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(ii); S.S.I. 2004/407, art. 2
F140
Words in s. 16(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(iii); S.S.I. 2004/407, art. 2
F141
Words in s. 16(3)(c) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(iv); S.S.I. 2004/407, art. 2
F142
S. 16(3)(ca) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(v); S.S.I. 2004/407, art. 2
F143
Words in s. 16(4) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(c); S.S.I. 2004/407, art. 2
F144
S. 16(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(d); S.S.I. 2004/407, art. 2
F145
Words in s. 16(5) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(4)
F146
S. 16(5A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(5)
F147
Words in s. 16(6) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(6)
M14
1911 c. 27.
M15
1912 c. 14.
F148
Words in s. 16(9)(a)(c)(10)(b)(11) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(3); S.I. 2006/2541, art. 2
F149
S. 16(9A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(8)
F150
Words in s. 16(10)(a) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3
F151
Words in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(a); S.I. 2006/2541, art. 2
F152
Words in s. 16(10)(a) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3
F153
Word in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(b); S.I. 2006/2541, art. 2
F154
Words in s. 16(10)(b) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(c); S.I. 1991/685, art. 3
F155
S. 16(11) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(d); S.I. 1991/685, art. 3
F156
Words in s. 17 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV
C9
S. 18A applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2
C10
S. 18B applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2
C11
S. 18C applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2
C12
S. 18F applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2
E26
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F157
Words in s. 19(1)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(i); S.S.I. 2004/407, art. 2
F158
Words in s. 19(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(ii); S.S.I. 2004/407, art. 2
F159
Words in s. 19(1)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(iii); S.S.I. 2004/407, art. 2
F160
Words in s. 19(1)(c) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 4(a)
F161
Words in s. 19(2) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(b)(i); S.S.I. 2004/407, art. 2
F162
Words in s. 19(2) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(b)(ii); S.S.I. 2004/407, art. 2
F163
Words in s. 19(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(c)(i); S.S.I. 2004/407, art. 2
F164
S. 19(3): paras. (a)(b) substituted (S.) (26.3.2003) for words by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 4(b)
F165
Words in s. 19(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(c)(ii); S.S.I. 2004/407, art. 2
F166
S. 19(4)-(8) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(d); S.S.I. 2004/407, art. 2
E27
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F167
S. 19(1)(c) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. I
F168
Words in s. 19(2) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(2)(a); S.I. 2006/1382, art. 2
F169
Words inserted (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 6 para. 25
F170
Words in s. 19(2) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 56 (subject to art. 2(2)); S.I. 2005/3495, art. 2(1)(m)
F171
Words in s. 19(2) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(2)(b); S.I. 2006/1382, art. 2
F172
S. 19(2A) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(3); S.I. 2006/1382, art. 2
C13
S. 19(3) applied (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 13; S.I. 2006/1382, art. 2
F173
Words in s. 19(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 7
F174
Words in s. 19(3) omitted (E.W.) (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(4) and repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 12; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2
F175
Words in s. 19XA(1) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 7; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 48(e) (subject to Sch. 2)
F176
S. 19ZA omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 4 and repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107 {Sch. 12}; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2
F177
S. 19ZB omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 4 and repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107 {Sch. 12}; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2
C14
S. 19ZC applied (with modifications) (S.) (29.11.2004) by S.I. 1994/2716, reg. 101A(3) (as susbstituted by The Conservation (Natural Habitats, & c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), reg. 18
C15
S. 19ZD applied (with modifications) (S.) (29.11.2004) by S.I. 2004/2716, reg. 101A(3) (as substituted by The Conservation (Natural Habitats, & c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), reg. 18)
F178
S. 19A inserted (18.9.1993) (S.) by 1993 c. 9, s.36 (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(3), Sch.2.
E28
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F179
S. 20(1) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 5(a)
F180
Word in s. 20(2) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 18(a); S.S.I. 2004/407, art. 2
F181
Word in s. 20(2) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 18(b); S.S.I. 2004/407, art. 2
F182
S. 20 heading substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 3(3); S.I. 2006/1382, art. 2
E29
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F183
S. 20(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 9(1)(a), Sch. 16 Pt. IV (with Sch. 12 para. 9(2))
F184
Words in s. 20(2) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 3(2); S.I. 2006/1382, art. 2
E30
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F185
S. 21(2)(3) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(b)
F186
S. 21(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(c); S.S.I. 2004/407, art. 2
F187
Words in s. 21(5) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(d)
E31
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F188
S. 21(1) substituted for s. 21(1)-(3) (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(2)(6)
F189
Words in s. 21(4)(6)(b) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2
F190
Words in s. 21(4)(a)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 9 para. 10(3)(a)(b)(6)
F191
S. 21(4A)-(4D) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(4)(6)
F192
S. 21(4AA) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(3); S.I. 2006/1382, art. 2
C16
S. 21(4AA)-(4C) applied (with modifications) (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2
F193
Words in s. 21(4B) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(a); S.I. 2006/1382, art. 2
F194
Words in s. 21(4B) substituted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(b); S.I. 2006/1382, art. 2
F195
Words in s. 21(4C) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(5); S.I. 2006/1382, art. 2
F196
Words in s. 21(5) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 9 para. 10(5)(6), Sch. 16 Pt. IV
F197
Words in s. 21(4)(6)(b) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2
E32
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
F198
Words in s. 22(1) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 47(5), 107; S.I. 2006/1382, art. 2
F199
Words in s. 22(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(2)(a); S.I. 2006/2541, art. 2
F200
Words in s. 22(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 74(2)(b), Sch. 12; S.I. 2006/2541, art. 2
F201
S. 22(3A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(3); S. I. 2006/2541, art. 2
E33
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
F202
Words in s. 22(1) renumbered (S.) (1.10.2004) as s. 22(1)(a) by virtue of Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(i); S.S.I. 2004/407, art. 2
F203
Word in s. 22(1) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(ii); S.S.I. 2004/407, art. 2
F204
S. 22(1)(b)(c) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(iii); S.S.I. 2004/407, art. 2
F205
S. 22(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(b); S.S.I. 2004/407, art. 2
F206
Words in s. 22(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(2)(a); S.I. 2006/2541, art. 2
F207
Words in s. 22(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 74(2)(b), Sch. 12; S.I. 2006/2541, art. 2
F208
S. 22(3A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(3); S. I. 2006/2541, art. 2
F209
S. 22(4)(5) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(c); S.S.I. 2004/407, art. 2
F210
S. 24 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(5); S.I. 2006/2541, art. 2
E34
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F211
Words in s. 24(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(2)(a); S.I. 2006/2541, art. 2
F212
Words in s. 24(1) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(6)(a); S.I.1991/685, art.3.
F213
Words in s. 24(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 75(2)(b), Sch. 12; S.I. 2006/2541, art. 2
F214
S. 24(1A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(3); S.I. 2006/2541, art. 2
F215
Words in s. 24(2) substituted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(b); 1991/685, art.3.
F216
S. 24(3) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(c); S.I. 1991/685, art. 3.
F217
Words in s. 24(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(4); S.I. 2006/2541, art. 2
F218
S. 24(4)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 11
F219
S. 24 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(5); S.I. 2006/2541, art. 2
E35
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F220
Words in s. 24(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(2)(a); S.I. 2006/2541, art. 2
F221
Words in s. 24(1) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(6)(a); S.I.1991/685, art.3.
F222
Words in s. 24(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 75(2)(b), Sch. 12; S.I. 2006/2541, art. 2
F223
S. 24(1A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(3); S.I. 2006/2541, art. 2
F224
Words in s. 24(2) substituted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(b); 1991/685, art.3.
F225
S. 24 (3) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(c); S.I. 1991/685, art.3.
F226
Words in s. 24(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(4); S.I. 2006/2541, art. 2
E36
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F227
Word in s. 26(2)(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 21(a); S.S.I. 2004/407, art. 2
F228
Word in s. 26(4)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 21(b); S.S.I. 2004/407, art. 2
E37
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F229
Words in s. 26A substituted (23.4.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(2), 84; S.S.I. 2007/250, art. 3 (subject to art. 4)
E38
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F230
S. 27(1): words in para. (c) of definition of "authorised person" substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 193(4), 324(2)(c)
F231
Words in s. 27(1) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a),Sch. 9 para. 11(7)(a); S.I. 1991/685, art. 3.
F232
S. 27(1): words in definition of “authorised person” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 76(2); S.I. 2006/2541, art. 2
F233
Words in s. 27(1) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
M16
1862 c. 97.
F234
Words in s. 27(1) repealed (E.W.) (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))
M17
1966 c. 38.
M18
1968 c. 27.
F235
Definition in s. 27(1) inserted (30.11.1995) by S.I. 1995/2825, reg. 4
M19
1991 c.57.
M20
1974 c.40.
F236
Words in s. 27(1) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(2), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F237
Words in s. 27(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F238
S. 27(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F239
Words in s. 27(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(2); S.I. 1996/323, art. 4(1)(b)(c)
F240
S. 27(1): definition of “premises” inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 11 para. 76(3)(5); S.I. 2006/2541, art. 2
F241
S. 27(1): definition of "water authority" repealed (S.) (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 11(2); S.S.I. 2002/118, art. 2(3)
F242
S. 27(1): word in definition of "wild bird" substituted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 4(a)} and also expressed to be substituted (W.) (2.8.2004) by S.I. 2004/1733, reg. 3(1), Sch. para. 2(a)
F243
S. 27(1): words in definition of "wild bird" substituted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 4(b)} and also expressed to be substituted (W.) (2.8.2004) by S.I. 2004/1733, reg. 3(1), Sch. para. 2(b)
F244
S. 27: definition of "the Wild Birds Directive" inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(6)
F245
S. 27(1): definition of "wildlife inspector" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 12
F246
S. 27(1): words in definition of "wildlife inspector" substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 6; S.I. 2006/1382, art. 2
F247
S. 27(3A) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 11 para. 76(4); S.I. 2006/2541, art. 2
E39
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F248
S. 27(1): words in definition of “authorised person” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 76(2); S.I. 2006/2541, art. 2
F249
S. 27(1): words in the definition of “poultry” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(a); S.S.I. 2004/407, art. 2
F250
S. 27(1): word in the definition of “wild bird” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(b)(i); S.S.I. 2004/407, art. 2
F251
S. 27(1): words in the definition of “wild bird” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(b)(ii); S.S.I. 2004/407, art. 2
F252
S. 27(1): words in definition of “wild plant” inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(c); S.S.I. 2004/407, art. 2
F253
S. 27(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(3); S.S.I. 2004/407, art. 2
F254
S. 23(3ZA) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(4); S.S.I. 2004/407, art. 2
F255
S. 27(3A) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 11 para. 76(4); S.I. 2006/2541, art. 2
F256
S. 27ZA ceases to have effect (W.) (2.8.2004) by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1)
F257
Ss. 18A-18F inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 1; S.I. 2006/1382, art. 2
F258
S. 19XA, 19XB inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 3; S.I. 2006/1382, art. 2
F259
Ss. 19ZC, 19ZD inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 17; S.S.I. 2004/407, art. 2
F260
S. 26A inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 22; S.S.I. 2004/407, art. 2
F261
S. 27ZA inserted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 5}
F262
S. 27A and preceding heading repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 77, Sch. 12; S.I. 2006/2541, art. 2
E40
This version of this provision extends to Scotland only; a separate version has been created for England and Wales
F263
S. 28 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2) (S.S.I. 2004/495), {art. 2}
E41
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F264
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F265
Words in s. 28 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F266
Words in s. 28(1)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(2)(8); S.I. 2014/3088, art. 2(b)
F267
S. 28(1A)-(1C) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(3)(8); S.I. 2014/3088, art. 2(b)
F268
Words in s. 28(2) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(4)(8); S.I. 2014/3088, art. 2(b)
F269
Words in s. 28 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F270
Words in s. 28(5) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(5)(8); S.I. 2014/3088, art. 2(b)
F271
S. 28(6A) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(6)(8); S.I. 2014/3088, art. 2(b)
F272
S. 28(9A) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(7)(8); S.I. 2014/3088, art. 2(b)
F273
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F274
Words in s. 28A substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F275
Words in s. 28A(3)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 3; S.I. 2014/3088, art. 2(b)
F276
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F277
Words in s. 28B substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F278
Words in s. 28B(2)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(2)(6); S.I. 2014/3088, art. 2(b)
F279
S. 28B(2A)-(2C) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(3)(6); S.I. 2014/3088, art. 2(b)
F280
Words in s. 28B(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(4)(6); S.I. 2014/3088, art. 2(b)
F281
Words in s. 28B(7) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(5)(a)(6); S.I. 2014/3088, art. 2(b)
F282
Words in s. 28B(7) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(5)(b)(6); S.I. 2014/3088, art. 2(b)
F283
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F284
Words in s. 28C substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F285
Words in s. 28C(2)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(2)(5); S.I. 2014/3088, art. 2(b)
F286
S. 28C(2A)-(2C) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(3)(5); S.I. 2014/3088, art. 2(b)
F287
Words in s. 28C(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(4)(a)(5); S.I. 2014/3088, art. 2(b)
F288
Words in s. 28C(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(4)(b)(5); S.I. 2014/3088, art. 2(b)
F289
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F290
Words in s. 28D substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F291
Words in s. 28D(1) renumbered (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) as s. 28D(1)(a) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(2); S.I. 2014/3088, art. 2(b)
F292
Words in s. 28D substituted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 56, 107; S.I. 2006/1382, art. 2
F293
S. 28D(1)(b) and preceding word inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(2); S.I. 2014/3088, art. 2(b)
F294
Words in s. 28D(2)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(3)(a); S.I. 2014/3088, art. 2(b)
F295
Words in s. 28D(2)(a) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(3)(b); S.I. 2014/3088, art. 2(b)
M21
1991 c. 56.
M22
1991 c. 59.
F296
Words in s. 28D(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(4); S.I. 2014/3088, art. 2(b)
F297
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
C17
S. 28E(1) excluded (30.1.2001) by 1987 c. 53, s. 9(7)(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)
S. 28E(1) excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)
F298
Words in s. 28E substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F299
Words in s. 28E substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F300
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F301
Words in s. 28F substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
M23
1972 c. 70.
M24
1990 c. 8.
F302
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
C18
S. 28G(2) excluded (30.1.2001) by 1987 c. 53, s. 9(7)(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)
S. 28G(2) excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)
M25
1975 c. 26.
F303
Words in s. 28G(3)(e) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 81(2), Sch. 12; S.I. 2006/2541, art.2
F304
S. 28G(4) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 81(3); S.I. 2006/2541, art.2
F305
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F306
Words in s. 28H substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F307
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
C19
S. 28I excluded (30.1.2001) by 1987 c. 53, s. 9(7) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)
S. 28I excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6 (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)
F308
Words in s. 28I substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F309
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F310
Words in s. 28J substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F311
Words in s. 28J substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F312
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F313
Words in s. 28J substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F314
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
M26
1972 c. 70.
M27
1990 c. 8.
F315
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F316
Words in s. 28M substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F317
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F318
Words in s. 28N substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F319
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
M28
1990 c. 8.
F320
Words in s. 28P substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F321
S. 28P(5A)(5B) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(2), 107; S.I. 2006/2541, art. 2
F322
S. 28P(6A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(3), 107; S.I. 2006/2541, art. 2
F323
Words in s. 28P(7) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(4), 107; S.I. 2006/2541, art. 2
F324
Words in s. 28P(7) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(4), 107; S.I. 2006/2541, art. 2
F325
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F326
Words in s. 28Q substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F327
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
F328
Words in s. 28R substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F329
S. 29 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 102, 103(2), Sch. 9 para. 2, Sch. 16 Pt. III and s. 29 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. II para. 11); S.S.I. 2004/495, art. 2
F330
S. 30 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 102, 103(2), Sch. 9 para. 2, Sch. 16 Pt. III and s. 30 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2
E42
This version of this provision extends to Scotland only; a separate version has been created for England and Wales
F331
S. 31 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2
F332
S. 31 sidenote substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(3)
E43
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F333
S. 31(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(2)
F334
Words in s. 31(1)(b) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(5), 107; S.I. 2006/2541, art. 2
M29
1968 c. 19.
F335
Words in s. 31(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 37; S.I. 2009/1604, art. 2(a)(d)
F336
Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F337
Words in s. 31 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
E44
This version of this provision extends to Scotland only; a separate version has been created for England and Wales
F338
S. 32 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2
E45
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F339
Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(2)(a)
F340
Words in s. 32(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 4
F341
Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(2)(b)
F342
Words in s.32 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
F343
S. 32(3) substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(3)
F344
S. 33 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2
F345
Words in s. 33(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 82; S.I. 2006/2541, art. 2
E46
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F346
S. 34 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2
E47
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F347
S. 34(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 83(2); S.I. 2006/2541, art. 2
C20
S. 34(2): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
F348
Words in s. 34(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107), {Sch. 11 para. 83(3)}; S.I. 2006/2541, art. 2
F349
Words in s. 34(5) substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(1)
F350
S. 34(6): definition of “the agency” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 83(5)(a), Sch. 12; S.I. 2006/2541, art. 2
F351
Definition in s. 34(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(2)
F352
Words in s. 34(1)(3)(6) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F353
Para. (aa) in the definition of “the relevant authority” in s. 34(6) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F354
S. 34(6): para. (b) definition of “the relevant authority” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 83(5)(b), Sch. 12; S.I. 2006/2541, art. 2
X2
S. 27A and preceding heading repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 77, Sch. 12; S.I. 2006/2541, art. 2 and new s. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2
F355
S. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2
F356
S. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2
F357
S. 28CA inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 7; S.I. 2014/3088, art. 2(b)
F358
S. 28CB inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d)(2)(b)(ii), Sch. 13 para. 8; S.I. 2014/3088, art. 2(b)
F359
S. 28S inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(1), 107; S.I. 2006/2541, art. 2
X3
The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.
F360
Words in s. 35 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 85; S.I. 2006/2541, art. 2
F361
S. 35(1A)-(1D) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 10 (with Sch. 13 para. 10(2)); S.I. 2014/3088, art. 2(b)
F362
S. 37 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(a), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(b)(c); and s. 37 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(b) (with s. 162); S.S.I. 2010/230, art. 2(h)
X4
The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.
F363
S. 37A inserted (30.1.2001) by 2000 c. 37, ss. 77, 103(2)
F364
Words in s. 37A(1)(a)(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 36; S.I. 2006/2541, art. 2
M30
1991 c. 56.
M31
1991 c. 59.
F365
S. 38 repealed (1.4.1991) by Environmental Protection Act 1990 (c.43, SIF 46:4), s. 162(2), Sch. 16 Pt. VI; S.I. 1991/685, art. 3
F366
Words in cross-heading preceding s. 34A omitted (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 146(1), 324(2)(b)(i), Sch. 11 para. 2(3) (with s. 145); S.I. 2014/3088, art. 2(b); and those same words repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(a) (with s. 162); S.S.I. 2010/230, art. 2(h)
F367
S. 35A inserted (E.W.) (12.11.2009 for certain purposes, 12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(1)(c)(2)(b)(ii), Sch. 13 para. 11; S.I. 2014/3088, art. 2(b)
C21
S. 39 modified (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)
S. 39 modified (20.9.2006) by The Natural Environment and Rural Communities Act 2006 (Commencement No. 3 and Transitional Provisions) Order 2006 (S.I. 2006/2541), art. 3(1), Sch. para. 5
F368
Words in s. 39(1) repealed (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, ss. 96(a), 102, 103(2), Sch. 16 Pt. VI; S.I. 2001/114, art. 2(2)(m); S.I. 2001/1410, art. 2(q)
M32
1967 c. 10.
F369
S. 39(5)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.
F370
S. 39(5)(aa) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 para. 31(2)
F371
S. 39(5)(b) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F372
S. 39(5)(d)-(f) inserted (1.4.2001 for E. and 1.5.2001for W.) by 2000 c. 37, s. 96(b); S.I. 2001/114, art. 2(2)(f); S.I. 2001/1410, art. 2(h)
F373
S. 39(5)(d) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 87, Sch. 12; S.I. 2006/2541, art. 2
C22
S. 41 modified (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7
F374
S. 41 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2
F375
S. 41(1) repealed by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(5), Sch. 4
M33
1911 c. 49.
F376
S. 41(2)(a)–(c) substituted for words by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(4), Sch. 3 para. 4
F377
Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(4)(a)
F378
Words in s. 41(3) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 8(2) (with s. 32); S.S.I. 2000/312, art. 2
F379
Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(4)(b)
F380
Words in s. 41(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(2), Sch. 12; S.I. 2006/2541, art. 2
F381
Definition substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(5)
F382
S. 41(5): definitions of “management agreement” and “the relevant authority” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(3); S.I. 2006/2541, art. 2
F383
S. 41(5A) inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 Pt. I para. 31(3)
F384
Words in s. 41(5A) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(2) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 2
F385
S. 41(6) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(4), Sch. 12; S.I. 2006/2541, art. 2
F386
Words in s. 42(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(2)(a), 107; S.I. 2006/2541, art. 2
F387
Words in s. 42(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(2)(b), 107; S.I. 2006/2541, art. 2
C23
S. 42(2) applied by The Peak District National Park Authority Order 2002 (S.I. 2002/80), art. 2
C24
S. 42(2) applied by S.I. 1991/1616, art. 2
F388
Words in s. 42(2)(b) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(3), 107; S.I. 2006/2541, art. 2
F389
Words in s. 42 substituted (1.4.1996) by 1995 c. 25, s. 78, Sch. 10 para. 22(3) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1995/2950, art. 3(1)(2)
F390
Words in s. 42(6) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(4), 107; S.I. 2006/2541, art. 2
F391
S. 42(8) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(5), 107; S.I. 2006/2541, art. 2
C25
S. 43 modified (19.9.1995) by 1995 c. 25, ss. 69(3), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)
F392
Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(4)
F393
Words substituted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(2)(a)
F394
Words substituted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(2)(b)
F395
Words substituted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(3)
F396
S. 43(1A)–(1C) inserted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(4)
F397
Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(4)
F398
Words in s. 43(1A) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VI; S.I. 1991/685, art. 3
F399
Words in s. 43(1B) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 90(2)(a); S.I. 2006/2541, art. 2
F400
Words in s. 43(1B) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 90(2)(b); S.I. 2006/2541, art. 2
F401
Words in s. 43(1C) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 90(3); S.I. 2006/2541, art. 2
F402
S. 43(3) added by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(5)
F403
S. 44(1) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.
F404
S. 44(1A) inserted (19.9.1995) by 1995 c. 25, ss. 69(4), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)
F405
Words in s. 44(1A) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.
F406
Words in s. 44(2)(3) substituted (1.4.1996) by 1995 c. 25, s. 78, Sch. 10 para. 22(4)(a)(b) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1995/2950, art. 3(1)
F407
S. 44(4) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 Pt. I para. 31(4)
F408
Words in s. 44(4) substituted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(4)(c) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 3
F409
S. 45(1) renumbered from s. 45 ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 6(4); S.I. 1991/685, art.3.
F410
Words in s. 45(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 91(2)(a); S.I. 2006/2541, art. 2
F411
Words in s. 45(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 91(2)(b), Sch. 12; S.I. 2006/2541, art. 2
F412
S. 45(2) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 91(3), Sch. 12; S.I. 2006/2541, art. 2
F413
S. 46 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.
F414
S. 41A inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 89; S.I. 2006/2541, art. 2
F415
S. 47 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 92(4); S.I. 2006/2541, art. 2
F416
S. 48 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F417
Words inserted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 6(6); S.I. 1991/685, art.3.
F418
Words in s. 49(1)(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 93; S.I. 2006/2541, art. 2
E48
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F419
S. 50 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2
C26
S. 50 modified (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)
E49
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F420
Words in s. 50(1)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 94(2); S.I. 2006/2541, art. 2
F421
Words in s. 50(1)(a) substituted for words and s. 50(1)(a)(i)(ii) (E.W.) (30.1.2001) by 2000 c. 37, ss. 79, 103(2)
F422
Words in s. 50(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 94(3), Sch. 12; S.I. 2006/2541, art. 2
F423
Definition substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(6)
F424
S. 50(4): definitions inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 94(4); S.I. 2006/2541, art. 2
E50
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F425
S. 51 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2); S.S.I. 2004/495, art. 2
E51
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
C27
S. 51 amended (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 11 para. 21
F426
S. 51(1)(a)-(m) substituted for s. 51(1)(a)-(d) (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(2), 103(2)
F427
Words in s. 51(1)(c)(h) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(2); S.I. 2006/2541, art. 2
F428
S. 51(1)(ka) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(2), 107; S.I. 2006/2541, art. 2
F429
S. 51(1A)(1B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(3), 103(2)
F430
Words in s. 51(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(3), 107; S.I. 2006/2541, art. 2
F431
Words in s. 51(2)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(3); S.I. 2006/2541, art. 2
F432
Words in s. 51(2)(a)(b)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(4)(a)(b)(c)
F433
Words in s. 51(2)(c) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(6), 105(2), 107, Sch. 12; S.I. 2006/2541, art. 2
F434
Words in s. 51(2)(c) substituted (1.4.1996) by virtue of 1995 c. 25, s. 78, Sch. 10 para. 22(5) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1995/2950, art. 3(1)(2)
F435
S. 51(2A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(4); S.I. 2006/2541, art. 2
F436
S. 51(3)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(5), 103(2)
F437
S. 51(3A)(3B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(6), 103(2)
F438
Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F439
S. 51(5) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(7), 103(2)
F440
S. 52(1): definition of “the Nature Conservancy Councils” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 96, Sch. 12; S.I. 2006/2541, art. 2
F441
Words in s. 52(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 96, Sch. 12; S.I. 2006/2541, art. 2
F442
S. 52(1): definitions of "notice", "notification" and "site of special scientific interest" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(2)
C28
S. 52(2) excluded (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(b), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)
F443
Words and s. 52(2)(a)(b) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(5)
F444
Words in s. 52(2) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(6) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 3
F445
Words in s. 52(2) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(6), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F446
S. 52(2)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2
F447
Words in s. 52(2)(b) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2
F448
Words in s. 52(2) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(3)
F449
S. 52(2A)-(2C) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(4)
M34
1965 c. 64.
F450
S. 52(5) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)
F451
S. 52(1): definition of "estuarial waters" inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 4; S.I. 2014/3088, art. 2(b)
F452
S. 51A inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 4; S.I. 2006/1382, art. 2
F453
S. 34A and preceding cross-heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 84; S.I. 2006/2541, art. 2
C29
S. 53: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
S. 53 excluded (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 49(5), 103(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F454
Words in s. 53(1) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(2); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F455
Words in s. 53(3)(a)(iii) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F456
Words in s. 53(3)(b) inserted (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(1)(a), 107; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2
F457
Words in s. 53(3)(c)(i) substituted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(4); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F458
Words in s. 53(3)(c)(i) inserted (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(1)(a), 107; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2
F459
Words in s. 53(4)(a) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(5); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F460
S. 53(4A)(4B) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(6); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F461
S. 53(5A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(7); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F462
S. 53A inserted (21.11.2005 for W. and 18.2.2008 for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 2; S.I. 2005/1314, art. 4; S.I. 2008/308, art. 2
F463
S. 53B inserted (27.9.2005 for E. and 21.11.2005 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 2; S.I. 2005/2459, art. 2(1); S.I. 2005/1314, art. 4
F464
S. 54 repealed (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 47(1), 102, 103(3), Sch. 16 Pt. II; S.I. 2006/1172, art. 2 (with art. 3); S.I. 2006/1279, art. 2
F465
S. 55(7)(8) inserted (27.9.2005 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 5; S.I. 2005/2459, art. 2(1); S.I. 2006/1279, art. 2
F466
Words in s. 56(1)(d) substituted (2. 5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(2)(a); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F467
Words in s. 56(1)(d) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(2)(b); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F468
Words in s. 56(1)(d) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(2)(c); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F469
S. 56(1A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
M35
1988 c. 52.
F470
Words in s. 56(2)(a) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(4)(a)(i); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F471
Words in s. 56(2)(a) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(4)(a)(ii); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F472
Words in s. 56(2)(b) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(4)(b); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F473
S. 56(2A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(5); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F474
S. 56(3A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(6); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F475
S. 56(4A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(7); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F476
S. 56(5) repealed (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 102, 103(3), Sch. 5 Pt. I para. 6(8), Sch. 16 Pt. II; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F477
Words in s. 57(1) repealed (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 102, 103(3), Sch. 5 Pt. I para. 7(2), Sch. 16 Pt. II; S.I. 2006/1172, art. 2
F478
Words in s. 57(2) substituted (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(3); S.I. 2006/1172, art. 2
F479
Words in s. 57(3) inserted (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(4); S.I. 2006/1172, art. 2
F480
S. 57(3A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(5); S.I. 2006/1172, art. 2
F481
S. 57(5A) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(7) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F482
S. 57(6A)(6B)(6C) inserted (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(6); S.I. 2006/1172, art. 2
F483
S. 57A inserted (13.2.2004 for E. and 31.5.2005 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 8; S.I. 2004/292, art. 2; S.I. 2005/1314, art. 2
F484
S. 54A inserted (prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 4
C30
S. 59 applied (3.7.2006 for E. and 12.7.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(3)(5), 2(1), Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)
F485
Words in s. 59(1) inserted (3.7.2006 for E. and 12.7.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177, reg. 1(3)(5), Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)
F486
Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F487
S. 60 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14
X5
The text of s. 61 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F488
S. 61 repealed (E.W.) by Rights of Way Act 1990 (c. 24, SIF 59), s. 6(4)
M36
1980 c. 66.
C31
S. 62: functions made exercisable concurrently (22.7.2004) by virtue of The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 25(1)(2)(xxx), Sch. (with art. 35)
S. 62: functions made exercisable concurrently (22.7.2004) by virtue of The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 25(1)(2)(xxx), Sch. (with art. 35)
C32
S. 62 applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(1), Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)
F489
Words in s. 62 inserted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)
X6
The text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M37
1980 c. 66.
X7
The text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F490
S. 66(1): definition of “restricted byway” inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 9; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F491
Definition substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(6)
F492
Words in s. 66(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(8) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F493
S. 67 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 54(2), 107; S.I. 2006/2541, art. 2
C33
S. 67 amended (E.W.) (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 49(6), 103(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
F494
S. 67(1A)(1B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 6
F495
Word in s. 67(2) repealed (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III
F496
Word in s. 67(2) repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 321, 324(2)(b)(i)(4), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(c); and same word repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(c) (with s. 162); S.S.I. 2010/230, art. 2(h)
F497
S. 70A inserted by Wildlife and Countryside (Services of Notices) Act 1985 (c. 59, SIF 4:5), s. 1(1)
C34
S. 70A applied (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(2), 103(2), Sch. 11 para. 22
F498
Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(2)(a)
M38
1990 c. 8 (123:1).
F499
Words in s. 70A(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 34(2)
F500
Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(2)(b)
F501
S. 71 renumbered (E.W.) (1.10.2006) as s. 71(1) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 97(2)(4); S.I. 2006/2541, art. 2
M39
1949 c. 97.
M40
1968 c. 41.
F502
Definition inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 Pt. I para. 31(5)
F503
S. 71: definition of "statutory maximum" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group2.
F504
S. 72(2) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 97(3)(4); S.I. 2006/2541, art. 2
F505
S. 72(1) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII
X8
The text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M41
1946 c. 73.
M42
1948 c. 45.
M43
1961 c. 64.
F506
S. 72(10) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2
M44
1980 c. 66.
M45
1981 c. 37.
X9
The text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F507
S. 73(4) repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.
C35
Power of appointment conferred by s. 74(3) fully exercised: S.I. 1982/3237, 990, 1136, 1217, 1983/20, 87
F508
S. 74(5A) inserted (E.W.S.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. I para. 2
F509
S. 74(5A) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2
F510
S. 66A inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 54(1), 107; S.I. 2006/2541, art. 2
F511
S. 70B inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 57, 107; S.I. 2006/1382, art. 2
F512
Sch. 1 Pt. I : Words inserted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(3)
F513
Sch. 2 Pt. 1 words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(4)
F514
Words in Sch.2 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.2 .
F515
Words in Sch. 3 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.3 .
F516
Sch. 3 Pt. III : Words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(5)
F517
Entries in Sch. 4 removed (24.5.1994) by S.I. 1994/1151 , art. 2
F518
Sch. 4 : entries omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356) , arts. 2 , 3(1)(2) ; and those same entries omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780) , art. 2(2) ; and those same entries removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418) , art. 2(1)
F519
Sch. 4 : entries removed (24.5.1994) subject to specified exceptions by The Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 (S.I. 1994/1151) , art. 2 ; and further specified entries (except the entries for Falcon, Peregrine (Falco peregrinus) and Merlin (Falco columbarius) under the heading "Falcons (all species)" and except the entries for Buzzard, Honey (Pernis apivorus), Eagle, Golden (Aquila chrysaetos), Eagle, White-tailed (Haliaeetus albicilla), Goshawk (Accipter gentilis), Harrier, Marsh (Circus aeruginosus) and Harrier, Montagu's (Circus pygargus) under the heading "Hawks, True") omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356) , arts. 2 , 3(1)(2) ; and those same specified entries omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780) , art. 2(2) ; and those same specified entries removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418) , art. 2(1)
F520
Sch. 4 : words omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356) , arts. 2 , 3(3) ; and those same words omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780) , art. 2(3) ; and those same words removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418) , art. 2(2)
E52
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
C36
By S.I. 1988/288 , art. 2(2) it is provided that all Dolphins (Cetacea) and all Porpoises (Cetacea) not already listed in Schedule 5 are added to that Schedule and by S.S.I. 2007/80 , reg. 28 it is provided that said Dolphins (all species) and Porpoises (all species) are removed (S.) (15.2.2007)
F521
By virtue of S.I. 1991/367 , art. 2(1) entry is further listed in respect of section 9(1) so far as it relates to killing and injuring
F522
By virtue of S.I. 1998/878 , art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries
F523
Entry added as provided by S.I. 1988/288 , art. 2(1)
F524
Sch. 5 : entries removed (S.) (15.2.2007) by The Conservation (Natural Habitats, & c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80) , reg. 28
F525
Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350 , art. 2(1)
F526
Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878 , art. 2(1)
F527
Entry removed from Schedule as provided by S.I. 1988/288 , art. 2(5)
F528
Entry added (in respect of s. 9(5) only) by S.I. 1989/906 , art. 2
F529
Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350 , art. 2(2)
F530
Entry added (only in respect of s. 9(1) so far as it relates to taking and in respect of s. 9(5)) by S.I. 1988/288 , art. 2(3)
F531
By S. I. 1988/288 , art. 2(4) entry (which is already listed in respect of section 9(5) only) is further listed in respect of s. 9(1) so far as it relates to killing and injuring
F532
Entry in Sch. 5 (which was added as provided by S.I. 1988/288 , art. 2(1) ) removed (16.4.1998) by S.I. 1998/878 , art. 2(3)
F533
By virtue of S.I. 1998/878 , art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry
E53
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F534
By S.I. 1988/288 , art. 2(2) it is provided that all Dolphins (Cetacea) and all Porpoises (Cetacea) not already listed in Schedule 5 are added to that Schedule and by S.I. 2007/1843 , reg. 7(7)(g) it is provided that said Dolphins (all species) and Porpoises (all species) are omitted (E.W.) (21.8.2007)
F535
Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(b)
F536
Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(c)
F537
Sch. 5 : words in entries inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(a)
F538
Sch. 5 : entries relating to dolphins or porpoises omitted (21.7.2007) by virtue of The Conservation (Natural Habitats &c. ) (Amendment) Regulations 2007 (S.I. 2007/1843) , art. 7(7)(g)
F539
Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(h)
F540
Sch. 5 : words inserted (E.W.) (1.10.2008) by The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2008 (S.I. 2008/2127) , reg. 4
F541
Sch. 5 : words in entry substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(d)
F542
Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}
F543
Sch. 5 : entries inserted (E.W.) (6.4.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008 (S.I. 2008/431) , art. 2 , Sch.
F544
Sch. 5 : words in entry relating to "Seahorse, Short Snouted" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(a)
F545
Sch. 5 : words in entry relating to "Seahorse, Spiny" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(b)
F546
Sch. 5 : words in entry relating to "Snail, Roman" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(d)
F547
Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}
F548
Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}
F549
Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}
F550
Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}
F551
Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}
F552
Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}
F553
Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}
F554
Sch. 5 : entry of “Turtles, Marine (all species)” and “Dermochelyidae and Cheloniidae” omitted (E.W.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(e)
F555
Sch. 5 : words in entry relating to "Vole, Water" omitted (E.W.) (12.8.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(e)
F556
Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(f)
F557
Sch. 5 : Note 2 inserted (E.W.) (6.4.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008 (S.I. 2008/431) , art. 2(c)
M46
1880 c. 47 .
M47
1948 c. 45 .
X10
The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M48
1953 c. 28 .
X11
The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F558
Sch. 7 para. 4 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3) , ss. 17(6) , 18(3) , Sch.4 .
M49
1963 c. 36 .
X12
The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F559
Sch. 7 para. 5 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3) , ss. 17(6) , 18(3) , Sch.4 .
X13
The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F560
Sch. 7 para. 6 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3) , ss. 17(6) , 18(3) , Sch.4 .
X14
The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M50
1970 c. 30 .
F561
Sch. 7 para. 8 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.
F562
Sch. 7 para. 9 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.
F563
Sch. 7 para. 10 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.
F564
Sch. 7 para. 11 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.
F565
Sch. 7 para. 12 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.
F566
Entry in Sch. 8 added by S.I. 1988/288, art. 3
F567
Entries in Sch. 8 added (16.4.1998) by S.I. 1998/878, art. 3
F568
Entries in Sch. 8 added (29.10.1992) by S.I. 1992/2350, art. 3(1)
F569
Sch. 8: entries removed (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), reg. 29
F570
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(a)
F571
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(b)
F572
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(c)
F573
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(d)
F574
Entries in Sch. 8 removed (29.10.1992) by S.I. 1992/2350, art. 3(2)
F575
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(e)
F576
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(f)
F577
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(g)
F578
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(h)
F579
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(i)
F580
Entries in Sch. 9 Pt. 1 added (E.W.) (6.4.2010) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(2)
F581
Entries in Sch. 9 Pt. 1 removed (E.W.) (6.4.2010) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(3)
F582
Entries in Sch. 9 Pt. 1 added (17.3.1992) by S.I. 1992/320, art. 2.
F583
Entry in Sch. 9 Pt. 1 added (5.3.1997) by S.I. 1997/226, art. 2
F584
Entries in Sch. 9 Pt. 1 added (28.4.1999) by S.I. 1999/1002, art. 2
F585
Entry in Sch. 9 Pt. 1 added (25.11.1992) by S.I. 1992/2674, art. 2.
F586
Words in Sch. 9 Pt. 2 added (17.3.1992) by S.I. 1992/320, art. 3
F587
Entries in Sch. 9 Pt. 2 added (E.W.) (6.4.2010) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(4)
F588
Entries in Sch. 9 Pt. 2 removed (E.W.) (6.4.2010) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(5)
X15
The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F589
Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2
F590
Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2
F591
Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2
F592
Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2
F593
Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2
F594
Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2
F595
Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2
F596
Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2
F597
Sch. 13 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , ss. 105(1)(2) , 107 , Sch. 11 para. 98 , Sch. 12 ; S.I. 2006/2441 , art. 2
F598
Words in Sch. 14 para. 4(2) inserted (E.W.) (13.2.2004 for E. and 31.5.2005 for W.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 10 ; S.I. 2004/292 , art. 2 ; S.I. 2005/1314 , art. 2(a)
F599
Words substituted by Local Government Act 1985 (c. 51, SIF 81:1) , ss. 1 , 2 , 7 , Sch. 3 para. 7(8)
F600
Words in Sch. 14 para. 5(1) repealed (1.4.1996) by 1994 c. 19 , s. 66(6)(8) , Sch. 16 para. 65(11) , Sch. 18 (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2
F601
Words in Sch. 14 para. 5(1) added (1.4.1996) by 1994 c. 19 , s. 66(6) , Sch. 16 para. 65(11) (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2
F602
Words in Sch. 15 para. 3(1)(c) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(2) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)
F603
Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(3)(a) ); S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)
F604
Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(3)(b) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)
E54
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F605
Words in Sch. 15 para. 7(2) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(4) ; S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)
F606
Sch. 15 para. 7(2A) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(5) ; S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)
F607
Words in Sch. 15 para. 7(3) substituted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(6) : S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)
E55
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
E56
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F608
Words in Sch. 15 para. 8(2)(a) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(7)(a) ; S.I. 2002/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii)
F609
Sch. 15 para. 8(2)(b)(c)(3)(4) substituted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) for Sch. 15 para. 8(2)(b)(c) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(7)(b) : S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii)
E57
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F610
Sch. 15 para. 9 omitted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by virtue of 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(8) and repealed (6.12.2006 for W. and otherwise prosp.) by 2000 c. 37 , ss. 102 , 103(3) , Sch. 16 Pt. II ; S.I. 2004/292 , art. 2(d)(iii) (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii) ; S.I. 2006/3257 , art. 2
F611
Sch. 15 para. 10A and cross-heading inserted (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(8) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I 2005/1314, {art.2(a)}; S.I. 2005/2459 , art. 2(2)(b)(iii)
M51
1972 c. 70 .
M52
1990 c. 8 .
F612
Sch. 15 para. 10A and cross-heading inserted (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(8) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I 2005/1314, {art.2(a)}; S.I. 2005/2459 , art. 2(2)(b)(iii)
F613
Words substituted by Local Government Act 1985 (c. 51, SIF 81:1) , ss. 1 , 2 , 7 , Sch. 3 para. 7(8)
F614
Words in Sch. 15 para. 13(2) repealed (1.4.1996) by 1994 c. 19 , s. 66(6)(8) , Sch. 16 para. 65(12) , Sch. 18 (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2
F615
Words in Sch. 15 para. 13(2) added (1.4.1996) by 1994 c. 19 , s. 66(6) , Sch. 16 para. 65(12) (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2
F616
Sch. 16 paras. 1–4 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2) , ss. 3 , 5 , Sch. 1 Pt. I ,Sch. 3
M53
1980 c. 66 .
M54
1946 c. 49 .
X16
The text of Sch. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
X17
The text of Sch. 17 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F617
Sch. ZA1 inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , ss. 47 , 107 ; S.I. 2006/1382 , art. 2
F618
Sch. A1 inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 24; S.S.I. 2004/495, art. 2
F619
Sch. 1A inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 25; S.S.I. 2004/495, art. 2
F620
Sch. 10A inserted (30.1.2001) by 2000 c. 37 , ss. 75(1) , 103(2) , Sch. 9 para. 7
F621
S. 21(4A)(4D) omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2); S.I. 2006/1382, art. 2
F622
S. 21(4A)(4D) omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2); S.I. 2006/1382, art. 2
F623
Words in s. 27(1) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 11(a); S.I. 2011/556, art. 2(2)(k)
F624
Definition "inshore fisheries and conservation authority" in s. 27(1) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 11(b); S.I. 2011/556, art. 2(2)(k)
F625
Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
F626
Words in s. 2 title added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F627
S. 2 inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(e), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F628
S. 6(5B) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(e), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)
F629
S. 6(1A)(1B) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)
F630
S. 6(5)(5A) substituted for s. 6(5) (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)
F631
S. 16(3A) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)
F632
S. 16(9)-(9ZB) substituted for s. 16(9)-(9ZC) (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)
F633
S. 22(2ZA) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 10(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(h)
F634
S. 1(6) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F635
Words in s. 2(1) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F636
Words in s. 2(3) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F637
Words in s. 2(7) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(g)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F638
Words in s. 2(7) added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(g)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F639
Words in s. 2(4) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(2)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)
F640
Words in s. 2(6) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)
F641
S. 2(4)(ba)(bb) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(f)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F642
S. 2(4)(ca)(cb) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(f)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F643
Words in s. 5(5)(c) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(5), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F644
Words in s. 6(1)(a) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)
F645
Words in s. 6(1)(a) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)
F646
Word in s. 6(2)(a) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(c)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)
F647
Words in s. 6(2)(a) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(c)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)
F648
S. 6(6) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(f), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)
F649
Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F650
Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)
F651
Ss. 11G , 11H inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)
F652
Word in s. 16(3) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)
F653
S. 16(3)(i) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)
F654
S. 16(8B) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(c), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)
F655
S. 16(13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(e), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)
F656
Words in s. 22(1)(b) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 10(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(h)
F657
S. 26(2)(a) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F658
Word in s. 26(2) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F659
S. 26(2)(b) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F660
Para reference (a) in s. 26(3) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(b)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F661
S. 26(3)(b) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(b)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)
F662
S. 26(4)(aa) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)
F663
Words in s. 26(4)(c) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)
F664
Words in s. 26(5) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)
F665
Words in s. 26(4)(b) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)
F666
Definition "game bird" in s. 27(1) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 2(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(a)
F667
Words in s. 27(1) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 2(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(a)
F668
S. 16A inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)
F669
Entries in Sch. 6 repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 19 , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(k)
F670
Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(a) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)
F671
Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(b) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)
F672
Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(c) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)
F673
Sch. 2 Pt. IA inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(8) , 43(1) (with s. 41(1) ); S.S.I. 2011/279 , art. 2(1)(b)
F674
Sch. 3 Pt. IA inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 5(4)(a) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(c)
F675
Sch. 3 Pt. IIA inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 5(4)(b) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(c)
F676
Entries in Sch. 3 Pt. III repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 5(4)(c) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(c)
F677
Sch. 5A inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 6(5) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(d)
F678
Sch. 6A inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 7(4) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(e)
F679
Entries in Sch. 5 inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(2) , Sch. 1
F680
Entries in Sch. 5 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(3) , Sch. 2
F681
Words in Sch. 5 entry inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(4)
F682
Words in Sch. 5 entry substituted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(5)
F683
Words in Sch. 5 entry substituted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(6)
F684
Words in Sch. 5 entry inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(7)
F685
Sch. 5 Note 2 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(8)
F686
Entries in Sch. 8 inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015), arts. 1(b), 3(2) ,Sch. 3
F687
Entries in Sch. 8 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015), arts. 1(b), 3(3), Sch. 4
F688
Ss. 10A, 10B inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(d); S.S.I. 2011/433, art. 2(1)(b)
F689
S. 11I inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 8(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(f); S.S.I. 2011/433, art. 2(1)(b)
F690
Word in s. 16(3) inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 9(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(g); S.S.I. 2011/433, art. 2(1)(b)
F691
Word in s. 16(3) inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 9(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(g); S.S.I. 2011/433, art. 2(1)(b)
F692
Word in s. 16(4)(b) inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 9(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(g); S.S.I. 2011/433, art. 2(1)(b)
F693
Words in s. 19A substituted (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 12(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(i); S.S.I. 2011/433, art. 2(1)(b)
F694
Words in s. 19A substituted (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 12(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(i); S.S.I. 2011/433, art. 2(1)(b)
F695
S. 19A(a)(e) inserted (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 12(c), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(i); S.S.I. 2011/433, art. 2(1)(b)
F696
Words in Sch. 5 heading added (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(4), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)
F697
Sch. 7 heading substituted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)
F698
S. 4 heading substituted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)
F699
S. 3 repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(2), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)
F700
S. 6(2A) inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 21(2), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)
F701
S. 7(5A) inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 21(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)
F702
Words in s. 4(1) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)
F703
Words in s. 4(2) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(c), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)
F704
Words in s. 4(3) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(c), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)
F705
S. 11(3D) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(i)
F706
S. 12YA inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(2), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)
F707
S. 14C inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 15, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(d)
F708
Words in s. 16(1) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)
F709
Word in s. 16(2) substituted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)
F710
Word in s. 26(2) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(5)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)
F711
Word in s. 26(2) inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)
F712
Ss. 18A, 18B inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 24, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)
F713
Words in s. 26(4)(a) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(5)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)
F714
S. 69A inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 23, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)
F715
S. 66B inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 41(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(i)
F716
S. 12 repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)
F717
S. 15A(2A) inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 21(4), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)
E58
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
E59
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
E60
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
E61
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F718
S. 11(3)-(3B) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(i)
F719
S. 26B inserted (S.) (2.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 20, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(2)
F720
S. 14(1)-(2D) substituted for s. 14(1)(2) (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(2)(a), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(a)(i); S.S.I. 2012/175, art. 2(1)(a) (with art. 3(3))
F721
S. 14ZC inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(3), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(a)(ii); S.S.I. 2012/175, art. 2(1)(a) (with art. 3(3))
F722
S. 14B substituted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(5), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(a)(iii); S.S.I. 2012/175, art. 2(1)(a) (with art. 3(3))
F723
Words in s. 26(4)(a) inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(b)(ii), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(b)(i); S.S.I. 2012/175, art. 2(1)(c)
F724
Words in s. 26(4)(b) inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(b)(iii), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(b)(i); S.S.I. 2012/175, art. 2(1)(c)
F725
S. 26(4A)(4B) inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(c), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(b)(ii); S.S.I. 2012/175, art. 2(1)(c)
F726
Sch. 9 repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(8), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)
F727
S. 6(9)(10) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(2), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F728
S. 7(6)(7) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(3), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F729
Word in s. 14(3) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(2)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)
F730
S. 14(5)(6) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(2)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)
F731
Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)
F732
Word in s. 16(4)(c) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(2), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c) (with art. 3(3)(4))
F733
S. 24(4A) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(5), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)
F734
Words in s. 21(6)(b) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(3)(d), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)
F735
Words in s. 22(1)(b) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(4)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)
F736
Words in s. 22(1)(c) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(4)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)
F737
Word in s. 24(4) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(6)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F738
Word in s. 24(4) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(6)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F739
S. 24(4)(c) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(6)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F740
Words in s. 26(1) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)
F741
Words in s. 26(4) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(b)(i), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)
F742
Word in s. 14A heading substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(4)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)
F743
S. 14A(1) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(4)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)
F744
S. 14A(3) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(4)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)
F745
Word in s. 19ZC(3)(a) inserted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F746
Words in s. 19ZC(3)(d) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F747
Words in s. 19ZC(3)(e) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F748
Words in s. 19ZC(5) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F749
Words in s. 19ZC(9) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F750
Words in s. 19ZD(3)(4) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(5)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F751
S. 19ZD(10)(c) inserted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(5)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)
F752
S. 70A(2A)(2B) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(7), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)
F753
Words in s. 17 heading inserted (S.) (22.11.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(5)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3A)(b) (as inserted by S.S.I. 2012/281, art. 2(2))
F754
Words in s. 17 inserted (S.) (22.11.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(5)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3A)(b) (as inserted by S.S.I. 2012/281, art. 2(2))
F755
Entries in Sch. 1A inserted (16.3.2013) by The Wildlife and Countryside Act 1981 (Variation of SchedulesA1 and 1A) (Scotland) Order 2013 (S.S.I. 2013/31), arts. 1(1), 3
F756
Entry in Sch. A1 inserted (16.3.2013) by The Wildlife and Countryside Act 1981 (Variation of SchedulesA1 and 1A) (Scotland) Order 2013 (S.S.I. 2013/31), arts. 1(1), 2
F757
S. 16(8C) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 170(2) (with Sch. 7)
F758
Words in s. 16(9) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 170(3) (with Sch. 7)
F759
Words in s. 27(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 171(2) (with Sch. 7)
F760
Words in s. 27(3A) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 171(3) (with Sch. 7)
F761
Words in s. 50(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 179 (with Sch. 7)
F762
Words in s. 51(2)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 179 (with Sch. 7)
F763
Words in s. 27AA substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 172 (with Sch. 7)
F764
Words in s. 34A(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 173 (with Sch. 7)
F765
Words in s. 41A substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 176 (with Sch. 7)
F766
S. 47 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 177 (with Sch. 7)
F767
Words in s. 49 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 178 (with Sch. 7)
F768
Words in s. 70B(7)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 179 (with Sch. 7)
F769
S. 37A(2A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(4) (with Sch. 7)
F770
Words in s. 37A(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(5) (with Sch. 7)
F771
Words in s. 37A(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(2) (with Sch. 7)
F772
Word in s. 37A(2)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(3)(a) (with Sch. 7)
F773
S. 37A(2)(c) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(3)(b) (with Sch. 7)
F774
S. 16(12)(c) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 170(4) (with Sch. 7)
F775
S. 15A(2)(b) substituted (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), reg. 2(1), Sch. 5 para. 1 (with regs. 3(4)(5), 31)
F776
S. 36 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(a), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(b)(c); and s. 36 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(b) (with s. 162); S.S.I. 2010/230, art. 2(h)
F777
Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(b)(c); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)
F778
Words in s. 52(2C) substituted (E.W.) (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 3 (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(g) (with art. 5)
F779
Words in s. 34(4) substituted for paras. (4)(a)(b) (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(3) (with reg. 5(1))
F780
Words in s. 28P(5A) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(d) (with reg. 5(1))
F781
Words in s. 28P(1) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(a) (with reg. 5(1))
F782
Words in s. 28P(2) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(b) (with reg. 5(1))
F783
Words in s. 28P(3) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(c) (with reg. 5(1))
F784
Words in s. 28P(6) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(e) (with reg. 5(1))
F785
Words in Sch. 9 Pt. 1 heading inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(2), 57(4); S.I. 2015/481, reg. 2(b)
F786
Entries in Sch. 9 Pt. 1 omitted (E.W.) (5.3.2015 for E.) by virtue of Infrastructure Act 2015 (c. 7), ss. 24(3), 57(4); S.I. 2015/481, reg. 2(b)
F787
Sch. 9 Pt. 1A inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(4), 57(4); S.I. 2015/481, reg. 2(b)
F788
Sch. 9 Pt. 1B inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(5), 57(4); S.I. 2015/481, reg. 2(b)
F789
Words in s. 14(1)(b) inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 25(2), 57(4); S.I. 2015/481, reg. 2(c)
F790
Words in s. 14ZA heading substituted (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 25(3), 57(4); S.I. 2015/481, reg. 2(c)
F791
Words in s. 14ZB heading substituted (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 25(4), 57(4); S.I. 2015/481, reg. 2(c)
F792
Words in s. 22(5)(a) inserted (5.3.2015 for E., 12.4.2015 for W.) by Infrastructure Act 2015 (c. 7), ss. 25(5), 57(4); S.I. 2015/481, reg. 2(c); S.I. 2015/990, reg. 2
F793
S. 25(3) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(5), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2
F794
S. 14(4A) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(2), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2
F795
S. 19(9) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(4), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2; S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2
F796
S. 26(7) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(6), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2; S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2
F797
Sch. 9A inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(3), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2
F798
S. 28F(12) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 5; S.I. 2016/52, art. 4(a) (with art. 17)
F799
S. 28L(14) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 6; S.I. 2016/52, art. 4(a) (with art. 17)
F800
Words in Sch. 15 para. 10A(1) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 7(a); S.I. 2016/52, art. 4(a) (with art. 17)
F801
Words in Sch. 15 para. 10A(3) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 7(b); S.I. 2016/52, art. 4(a) (with art. 17)
F802
Sch. 15 para. 10A(4) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 7(c); S.I. 2016/52, art. 4(a) (with art. 17)
F803
S. 1(3ZA) inserted (E.W.) (6.4.2016) by The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/127), regs. 1(2), 2(2)
F804
Words in s. 27(1) substituted (E.W.) (6.4.2016) by The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/127), regs. 1(2), 2(3)
F805
S. 32(2A) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(4)
F806
Words in s. 50(1)(a) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(8)
F807
Words in s. 51(1)(c) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(9)(a)
F808
Words in s. 51(1)(h) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(9)(b)
F809
Words in s. 28E(3)(b) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(2)
F810
S. 28J(13) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(3)
F811
S. 39(5)(e) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(5)
F812
S. 40 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(6)
F813
Words in s. 41(5) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(7)(a)
F814
Words in s. 41(5) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(7)(b)
C37
S. 28E excluded (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 3(1)(f) (with arts. 4, 5(3))
F815
S. 66B(7A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 16(b)
F816
Words in s. 66B(7)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 16(a)
C38
S. 14 excluded (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 54(8) (with reg. 56(2))
C39
S. 2(6) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))
C40
S. 16 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))
F817
Sch. 6ZA inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), reg. 1(1), Sch. (with reg. 9)
F818
S. 11(2) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(2)
F819
Words in s. 11(5) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(3)
F820
Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)
F821
Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)
F822
Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)
F823
Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)
F824
S. 11(7A) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(5)
F825
S. 16(3ZA)-(3ZK) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 4
F826
S. 22(6)(7) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 5
F827
Words in s. 14C(2)(a) repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with s. 83); S.S.I. 2019/47, reg. 2 (with regs. 3-22)
F828
S. 14P(6)(d) and word repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with s. 83); S.S.I. 2019/47, reg. 2 (with regs. 3-22)
C41
S. 28E excluded (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), arts. 1, 45(1)(d) (with art. 45(7), Sch. 13 Pt. 1 para. 19)
F829
Sch. 9B inserted (1.11.2019) (S.) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(8)
F830
S. 14AA inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(2)
F831
Words in s. 16(4)(c) substituted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(4)(a)
F832
S. 16(4B) inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(4)(b)
F833
Word in s. 21(6)(b) inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(d)(i)
F834
Words in s. 21(6)(b) substituted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(d)(ii)
F835
Word in s. 14C(1)(a) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(a)
F836
S. 14C(2)(ba) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(b)(i)
F837
S. 14C(2)(b)(ia)(ib) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(b)(ii)
F838
Word in s. 14C(10) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(c)
F839
S. 14C(11) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(d)
F840
Word in s. 19ZC(3)(d) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(a)
F841
Word in s. 19ZC(5) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(b)
F842
Words in s. 19ZC(9) substituted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(c)(i)
F843
Words in s. 19ZC(9) substituted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(c)(ii)
F844
Word in s. 19ZD(3) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(6)(a)
F845
Word in s. 19ZD(4) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(6)(b)
F846
Words in s. 7(3)(c) substituted (S.) (6.11.2019) by The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1354), regs. 1, 2(a)
F847
Words in s. 7(3)(c) substituted (S.) (6.11.2019) by The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1354), regs. 1, 2(b)
C42
S. 14ZA(3)(b) applied (1.12.2019) by The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), arts. 1(1), 3(6) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))
F848
Words in Sch. 9 Pt. 1 omitted (E.W.) (1.12.2019) by virtue of The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(3)(a) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))
F849
Words in Sch. 9 Pt. 2 omitted (E.W.) (1.12.2019) by virtue of The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(3)(b)(i) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))
F850
Words in Sch. 9 Pt. 2 substituted (E.W.) (1.12.2019) by The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(3)(b)(ii) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))
F851
S. 14(4ZA) inserted (E.W.) (1.12.2019) by The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(2) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))
F852
Sch. 9A para. 1(2)(a)-(c) substituted for Sch. 9A para. 1(2)(a)(b) (1.12.2019) by The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(4)(a) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))
F853
Sch. 9A para. 2(6) inserted (1.12.2019) by The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(4)(b) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))
F854
Words in Sch. 2 Pt. 1 inserted (E.W.) (31.3.2020) by The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (England) Order 2020 (S.I. 2020/245), arts. 1(1), 2(a)
F855
Words in Sch. 2 Pt. 1 inserted (E.W.) (31.3.2020) by The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (England) Order 2020 (S.I. 2020/245), arts. 1(1), 2(b)
F856
S. 16(3ZZA) inserted (E.W.) (1.4.2020) by The Humane Trapping Standards (England and Wales) Regulations 2019 (S.I. 2019/1288), regs. 1(1), 2
F857
Words in Sch. 2 Pt. 1 omitted (E.W.) (1.4.2020) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (Wales) Order 2020 (S.I. 2020/272), arts. 1, 2(a)
F858
Words in Sch. 2 Pt. 1 omitted (E.W.) (1.4.2020) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (Wales) Order 2020 (S.I. 2020/272), arts. 1, 2(b)
C43
S. 28E excluded (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 44(1)(e) (with art. 44(8))
E62
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
F859
Word in s. 18A(6)(a) repealed (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(3)(a), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F860
S. 18A(6)(a)(iia) inserted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(3)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F861
Words in s. 20(2) substituted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(4), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F862
S. 20 title substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(5), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F863
S. 21(1)-(1C) substituted for s. 21(1)-(1B) (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(a), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F864
S. 21(4) repealed (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F865
S. 21(4ZZA) repealed (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F866
S. 21(4ZA) repealed (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F867
S. 21(4B)-(4E) inserted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(c), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F868
Words in s. 21(5) inserted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(d)(i), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F869
Words in s. 21(5) substituted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(d)(ii), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F870
Word in s. 15A(2) repealed (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(2)(a), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F871
S. 15A(2)(aa) inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(2)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F872
Words in s. 15A(2)(b) inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(2)(c), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F873
S. 14AB inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(3)
F874
Words in s. 14(4ZA) substituted (E.W.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(c), 6(2); 2020 c. 1, Sch. 5 para. 1(1)
F875
Words in s. 14AA(6) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(2)(a)(i)
F876
Words in s. 14AA(6) substituted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(2)(a)(ii)
F877
Words in s. 14AA(6) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(2)(b)
F878
S. 21(4CA) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(4)(a)
F879
Word in s. 21(6)(b) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(4)(b)
F880
Words in s. 27 inserted (E.W.) (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)
F881
Words in s. 27(1) inserted (S.) (31.12.2020) by The Wildlife and Countryside Act 1981 (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/84), regs. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)
F882
Words in Sch. 9A para. 1(2)(a) substituted (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(c), 6(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F883
Sch. 9A para. 2(6) substituted (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(c), 6(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F884
Words in Sch. 9B para. 1 substituted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(5)(a)
F885
Words in Sch. 9B para. 1 inserted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(5)(b)
F886
Words in Sch. 9B para. 1 omitted (31.12.2020) by virtue of The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(5)(c)
F887
Word in Sch. 9B para. 2(1)(c)(ii) substituted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(6)(a)(i)
F888
Words in Sch. 9B para. 2(2)(a) substituted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(6)(a)(ii)
F889
Word in Sch. 9B para. 3(1)(c)(ii) substituted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(6)(b)(i)
F890
Words in Sch. 9B para. 3(2)(a) substituted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(6)(b)(ii)
F891
Words in Sch. 9B para. 3(2)(b) substituted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(6)(b)(iii)
F892
Word in Sch. 9B para. 4(1)(b)(ii) substituted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(6)(c)(i)
F893
Words in Sch. 9B para. 4(2)(a)(ii) substituted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(6)(c)(ii)
F894
Word in Sch. 9B para. 5(1)(c) substituted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(7)
F895
S. 27AA(2)(3) inserted (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 6(3); S.I. 2021/7, reg. 2(c)
F896
S. 37A(2B) inserted (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 7; S.I. 2021/7, reg. 2(c)
F897
S. 27AA(1): s. 27AA renumbered as s. 27AA(1) (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 6(2); S.I. 2021/7, reg. 2(c)
F898
Words in s. 27AA(2)(b) substituted (W.) (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 21(a)
F899
Words in s. 27AA(3) substituted (W.) (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 21(b)
F900
Words in s. 37A(2B) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 22(a)
F901
Words in s. 37A(2B) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 22(b)
F902
Words in Sch. 5 inserted (1.3.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 18(3)(a), 22(2); S.S.I. 2021/42, reg. 2
F903
Words in Sch. 5 inserted (1.3.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 18(3)(b), 22(2); S.S.I. 2021/42, reg. 2
F904
Words in Sch. 5A repealed (1.3.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 18(4)(a), 22(2); S.S.I. 2021/42, reg. 2
F905
Words in Sch. 5A repealed (1.3.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 18(4)(b), 22(2); S.S.I. 2021/42, reg. 2
F906
S. 10A(2)(a) repealed (1.3.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 18(2), 22(2); S.S.I. 2021/42, reg. 2
F907
Words in Sch. 9 Pt. 1 inserted (31.5.2021) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) (No. 2) Order 2021 (S.I. 2021/548), arts. 1(1), 2(2) (with art. 4) (which expiring provision is revoked (31.1.2025) by S.I. 2024/1342, arts. 1(1), 2(2))
C44
S. 28E excluded (2.6.2022) by The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022 (S.I. 2022/549), arts. 1, 3(1)(f) (with arts. 6, 34)
F908
Word in s. 10(1)(a) omitted (E.W.) (30.9.2022) by virtue of Environment Act 2021 (c. 30), ss. 111(1)(a), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)
F909
S. 10(1)(c) and word inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(1)(b), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)
F910
Word in s. 16(3)(h) omitted (E.W.) (30.9.2022) by virtue of Environment Act 2021 (c. 30), ss. 111(2)(a), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)
F911
S. 16(3)(j) and word inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(2)(b), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)
F912
S. 16(3B) inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(3), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)
F913
Words in s. 16(5A)(c) inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(4), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)
F914
Words in s. 16(6)(b) inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(4), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)
F915
Words in s. 16(9)(c) inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(5), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)
F916
Sch. 9 Pt. 1A entry inserted (E) (1.10.2022) by The Beavers (England) Order 2022 (S.I. 2022/858), arts. 1(1), 3(2); and (W.) (4.3.2026) by The Beavers (Wales) Order 2026 (W.S.I. 2026/18), arts. 1(1), 2(2)
C45
S. 28E excluded (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), arts. 1, 3(1) (with arts. 6(2), 18, Sch. 11 paras. 5, 30)
F917
Words in s. 16(3) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(6), 56(2)(d)
F918
Words in s. 16(3ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(7)(a), 56(2)(d)
F919
Words in s. 16(3ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(7)(b), 56(2)(d)
F920
Words in s. 16(3ZG)(b) substituted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(8), 56(2)(d)
F921
Words in s. 16(3ZI)(b) substituted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(9), 56(2)(d)
F922
S. 11(7ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(b), 56(2)(d)
F923
S. 11(1)(ba)-(bd) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(a), 56(2)(d)
F924
Words in s. 11(2)(b)(i) omitted (W.) (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 47(a)(i), 56(2)(d)
F925
Words in s. 11(2)(b)(ii) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 47(a)(ii), 56(2)(d)
F926
Words in s. 11(2)(c)(i) omitted (W.) (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 47(b)(i), 56(2)(d)
F927
Words in s. 11(2)(c)(ii) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 47(b)(ii), 56(2)(d)
F928
Words in s. 11(1)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(a), 56(2)(d)
F929
Words in s. 11(1)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(b), 56(2)(d)
F930
S. 11(1)(be) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(c), 56(2)(d)
F931
Words in s. 11(2)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(a)(i), 56(2)(d)
F932
Words in s. 11(2)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(a)(ii), 56(2)(d)
F933
Words in s. 11(2)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(b)(i), 56(2)(d)
F934
Words in s. 11(2)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(b)(ii), 56(2)(d)
F935
Words in s. 11(3)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(4), 56(2)(d)
F936
Words in s. 11(5) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(5), 56(2)(d)
C46
S. 28E excluded (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 3(1) (with arts. 18, 35, Sch. 9)
C47
S. 28H excluded (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 3(1) (with arts. 18, 35, Sch. 9)
F937
Ss. 16AA-16AF inserted (1.7.2024 for the insertion of ss. 16AC and 16AD, 22.7.2024 in so far as not already in force) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(2), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pts. 1, 2
F938
Sch. 2 Pt. 1B inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(5), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F939
S. 2(1A)-(1D) substituted for s. 2(1A) (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(2)(a), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F940
Word in s. 2(3C)(a)(ii) repealed (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(2)(b)(i), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F941
S. 2(3C)(c) and word inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(2)(b)(ii), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F942
S. 16A(1B) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(3)(a), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F943
S. 16A(5A) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(3)(d), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F944
Words in s. 16A(7) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(3)(e), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F945
Words in s. 16A(3) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(3)(b), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F946
S. 16A(5)(aa) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(3)(c), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F947
Words in s. 17 inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(4), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F948
S. 26(2)(d) inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(3)(a), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F949
S. 26(3)(d) inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(3)(b), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F950
S. 26(2)(e) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(5)(a), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F951
S. 26(3)(e) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(5)(b), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
F952
Words in s. 27(1) inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(4), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2
C48
S. 53(3)(a)(i) modified (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), arts. 1, 12(5) (with art. 32, Sch. 15)
F953
Ss. 11A-11F repealed (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(3), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F954
S. 11(3CA) inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(e), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F955
S. 11(1)(ab)-(ad) substituted (S.) (25.11.2024) for s. 11(1)(a)(aa) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(a), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F956
S. 11(1A) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(b), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F957
Words in s. 11(2)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(c)(i), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F958
S. 11(2)(aa)(ab) inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(c)(ii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F959
Words in s. 11(3C) substituted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(d), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F960
S. 16(3ZZA) inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(c), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F961
Word in s. 16(1A)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss., 35(2) 6(4(a)(i) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F962
S. 16(1A)(c)(d) inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(a)(ii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F963
Word in s. 16(3) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss., 35(2) 6(4(b) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F964
Words in s. 16(3ZA) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(d), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F965
Words in s. 16(3ZB)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(e)(i), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F966
Words in s. 16(3ZB)(b) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(e)(ii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F967
Words in s. 16(3ZB)(c) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(e)(iii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F968
Words in s. 16(3ZC) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(f), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F969
Words in s. 16(3ZD) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(g), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F970
Words in s. 16(3ZE)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(h), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F971
Words in s. 16(3ZG) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(i), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F972
Words in s. 16(3ZH)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(j), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F973
Words in s. 16(3ZI)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(k)(i), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F974
Words in s. 16(3ZI)(b) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(k)(ii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F975
Words in s. 16(3ZI)(c) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(k)(iii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F976
Words in s. 17 substituted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(5)(a), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F977
S. 21(1C)(e) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(6)(b), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F978
S. 21(1A)(e)-(g) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(6)(a), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F979
S. 26(2)(f) and word inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(7)(a), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F980
S. 26(3)(f) and word inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(7)(b), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F981
Words in s. 16(3ZC) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(f), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F982
Words in s. 16(3ZD) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(g), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F983
Words in s. 17 heading substituted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(5)(b), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F984
Words in Sch. 9 Pt. 1 omitted (E.) (4.5.2021) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) Order 2021 (S.I. 2021/236), arts. 1(b), 2(2); and words in Sch. 9 Pt. 1 omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 53(a)(i)
F985
Words in Sch. 9 Pt. 1 omitted (E.) (4.5.2021) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) Order 2021 (S.I. 2021/236), arts. 1(b), 2(2); and words in Sch. 9 Pt. 1 omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 53(a)(ii)
F986
Words in Sch. 9 Pt. 2 omitted (E.) (4.5.2021) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) Order 2021 (S.I. 2021/236), arts. 1(b), 2(3); and words in Sch. 9 Pt. 2 omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 53(b)
C49
S. 53(3)(a)(i) modified (5.11.2025) by The Tillbridge Solar Order 2025 (S.I. 2025/1105), arts. 1, 13(5) (with art. 49, Sch. 15)
C50
S. 28H excluded (9.10.2024) by The M3 Junction 9 Development Consent Order 2024 (S.I. 2024/752), arts. 1, 3(1) (with art. 4, Sch. 10) (as amended by S.I. 2024/1020, Sch.)
C51
S. 28E excluded (9.10.2024) by The M3 Junction 9 Development Consent Order 2024 (S.I. 2024/752), arts. 1, 3(1) (with art. 4, Sch. 10) (as amended by S.I. 2024/1020, Sch.)
F987
S. 16(6A) inserted (E.W.) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 40(2) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)
F988
S. 16(8ZA) inserted (E.W.) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 40(3) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)
F989
Words in s. 16(8A) inserted (E.W.) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 40(4) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)
F990
Word in s. 16(9) inserted (E.W.) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 40(5) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)
F991
Sch. 9 Pt. 1B entry omitted (E.) (1.10.2022) by virtue of The Beavers (England) Order 2022 (S.I. 2022/858), arts. 1(1), 3(3); and (W.) (4.3.2026) by virtue of The Beavers (Wales) Order 2026 (W.S.I. 2026/18), arts. 1(1), 2(3)
C52
S. 53(3)(a) modified (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), arts. 1, 13(5) (with Sch. 14)

Wildlife and Countryside Act 1981

Part I Wildlife¶

Protection of birds and prevention of poaching¶

E11 Protection of wild birds, their nests and eggs.¶

E32 Exceptions to s. 1.¶

E43 Areas of special protection.¶

E74 Exceptions to ss. 1 and 3.¶

E95 Prohibition of certain methods of killing or taking wild birds.¶

E116 Sale etc. of live or dead wild birds, eggs etc.¶

E137 Registration etc. of certain captive birds.¶

8 Protection of captive birds.¶

Protection of other animals and prevention of poaching¶

E159 Protection of certain wild animals.¶

E1610 Exceptions to s. 9.¶

10A Protection of wild hares etc.¶

10B Exceptions to s. 10A¶

E1911 Prohibition of certain methods of killing or taking wild animals.¶

F95311A Snares: training, identification numbers, tags etc.¶

F95311B Snares: duty to inspect etc.¶

F95311C Snares: authorisation from landowners etc.¶

F95311D Snares: presumption arising from identification number¶

F95311E Snares: record keeping¶

F95311F Snaring: review and report to the Scottish Parliament¶

11G Prevention of poaching: wild hares, rabbits etc.¶

11H Exceptions to s. 11G¶

11I Sale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully¶

12YA Relaxation of restriction on night shooting of hares and rabbits¶

12 Protection of certain mammals.¶

Protection of plants¶

E2113 Protection of wild plants.¶

Miscellaneous¶

E23C5C6C3814 Introduction of new species etc.¶

14ZA Sale etc. of certain animals and plants included in Schedule 9 ¶

14ZB Codes of practice in connection with species which are non-native or included in Schedule 9 ¶

14ZC Prohibition on keeping etc. of invasive animals or plants¶

14A Prohibition on sale etc. of invasive animals or plants¶

14AA Contravention of Invasive Alien Species Regulation¶

14B Notification of presence of invasive animals or plants etc.¶

14C Non-native species etc.: code of practice¶

14D Power to make species control orders¶

14E Emergency species control orders¶

14F Content of species control orders¶

14G Notice of species control orders¶

14H Appeals in connection with species control orders¶

14I Coming into effect of species control orders¶

14J Review of species control orders¶

14K Offences in relation to species control orders¶

14L Enforcement of operations under species control orders¶

14M Species control orders: powers of entry¶

14N Species control orders: entry by warrant etc.¶

14O Species control orders: powers of entry: supplemental¶

14P Interpretation of sections 14 to 14O¶

15 Endangered species (import and export).¶

15A Possession of pesticides¶

Supplemental¶

C7E24C4016 Power to grant licences.¶

16AA Licensing: land on which certain birds may be killed or taken¶

16AB Appeals relating to section 16AA licences¶

16AC Section 16AA Licence: code of practice¶

16AD Section 16AA Licence: delegation of power in relation to code of practice¶

16AE Report on operation and effect of section 16AA licences¶

16AF Report on operation and effect of section 16AA licences: delegation¶

16A Delegation of licence-granting power: Scotland¶

17 False statements made for obtaining registration , identification number or licence etc. False statements made for obtaining registration or licence etc.¶

18 Attempts to commit offences etc.¶

E58C918A Wildlife inspectors¶

C10E6018B Group 1 offences and licences: power to enter premises¶

C1118C Group 1 offences and licences: examining specimens and taking samples¶

18D Group 2 offences and licences etc. : power to enter premises ¶

18E Group 2 offences: examining specimens and taking samples¶

C1218F Restrictions on taking of samples from live specimens¶

E2719 Enforcement.¶

19XA Constables' powers in connection with samples¶

19XB Offences in connection with enforcement powers¶

19ZA Enforcement: wildlife inspectors.¶

19ZB Power to take samples.¶

C14 19ZC Wildlife inspectors: Scotland¶

C15 19ZD Power to take samples: Scotland¶

19A Evidence in Scotland in certain proceedings.¶

E2920 Proceedings for summary offences.¶

^E11 Protection of wild birds, their nests and eggs.¶

^E32 Exceptions to s. 1.¶

^E43 Areas of special protection.¶

^E74 Exceptions to ss. 1 and 3.¶

^E95 Prohibition of certain methods of killing or taking wild birds.¶

^E116 Sale etc. of live or dead wild birds, eggs etc.¶

^E137 Registration etc. of certain captive birds.¶

^E159 Protection of certain wild animals.¶

^E1610 Exceptions to s. 9.¶

^E1911 Prohibition of certain methods of killing or taking wild animals.¶

^F95311A Snares: training, identification numbers, tags etc.¶

^F95311B Snares: duty to inspect etc.¶

^F95311C Snares: authorisation from landowners etc.¶

^F95311D Snares: presumption arising from identification number¶

^F95311E Snares: record keeping¶

^F95311F Snaring: review and report to the Scottish Parliament¶

^E2113 Protection of wild plants.¶

^E23^C5^C6^C3814 Introduction of new species etc.¶

^C7^E24^C4016 Power to grant licences.¶

^E58^C918A Wildlife inspectors¶

^C10^E6018B Group 1 offences and licences: power to enter premises¶

^C1118C Group 1 offences and licences: examining specimens and taking samples¶

^C1218F Restrictions on taking of samples from live specimens¶

^E2719 Enforcement.¶

^C14 19ZC Wildlife inspectors: Scotland¶

^C15 19ZD Power to take samples: Scotland¶

^E2920 Proceedings for summary offences.¶

^E3121 Penalties, forfeitures etc.¶

^E3222 Power to vary Schedules.¶

^E3424 Functions of GB conservation bodies¶

^E3726 Regulations, orders, notices etc.¶

^E3827 Interpretation of Part I.¶

^F256 27ZA Application of Part 1 to England and Wales¶

^X2 Sites of special scientific interest and limestone pavements ¶

^E41 28 Sites of special scientific interest.¶

^C37^C41^C43^C44^C45^C46^C5128E Duties in relation to sites of special scientific interest.¶

^C47^C5028H Statutory undertakers, etc.: duty in relation to carrying out operations.¶

^C19 28I Statutory undertakers, etc.: duty in relation to authorising operations.¶

^E4331 Restoration following offence under section 28P.¶

^E4532 Duties of agriculture Ministers with respect to areas of special scientific interest.¶

^E4734 Limestone pavement orders.¶

^F366Nature reserves, ... and Ramsar sites¶

^X335 National nature reserves.¶

^F77636 Marine nature reserves.¶

^X437A Ramsar sites.¶

^F36538 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^C2139 Management agreements with owners and occupiers of land.¶

^F81240 Experimental schemes.¶

^C2241 Duties of agriculture Ministers with respect to the countryside.¶

^C2543 Maps of National Parks showing certain areas of moor or heath.¶

^F41346 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F76647 Grants to the Countryside Council for Wales¶

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F416¶

^C26^E4950 Payments under certain agreements offered by authorities.¶

^E51^C2751 Powers of entry.¶