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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
(1)The 1981 Act is amended as follows.
(2)In section 6 (sale etc. of live or dead wild birds, eggs etc.) subsections (9) and (10) are repealed.
(3)In section 7 (registration etc. of certain captive birds) subsections (6) and (7) are repealed.
(4)In section 19ZC (wildlife inspectors: Scotland)—
(a)in subsection (3)—
(i)in paragraph (a), after “9(5)” insert “ , 11I(1) ”,
(ii)in paragraph (d) for “or 14A” substitute “ , 14ZC, 14A, 14B or 14K ”,
(iii)in paragraph (e) for the words from “verifying” to the end substitute “—
(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.”,
(b)in subsection (5) for “13(2), 14 or 14A” substitute “ 11I(1), 13(2), 14, 14ZC, 14A, 14B or 14K ”,
(c)in subsection (9), in the definition of “relevant registration or licence” in paragraph (b) for “13(2), 14 or 14A” substitute “ 11I(1), 13(2), 14, 14ZC or 14A ”.
(5)In section 19ZD (power to take samples: Scotland)—
(a)in subsections (3) and (4) for “13(2), 14 or 14A” substitute “ 11I(1), 13(2), 14, 14ZC, 14A, 14B or 14K ”,
(b)in subsection (10) after paragraph (b) insert—
“(c)“tissue” means any type of biological material other than blood.”.
(6)In section 24 (functions of GB conservation bodies), in subsection (4)—
(a)immediately after paragraph (a) insert “ or ”,
(b)the word “or” immediately after paragraph (b) is repealed,
(c)paragraph (c) is repealed.
After section 69 of the 1981 Act (offences by bodies corporate etc.), insert—
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.”.
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Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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