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 the italic heading before section 1 (protection of wild birds, their nests and eggs), at the end add “ and prevention of poaching ”.
(3)In that section, for subsection (6) (“wild birds” in section 1 does not include birds shown to have been bred in captivity), substitute—
“(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—
(a)it has been lawfully released or allowed to escape from captivity as part of a re-population or re-introduction programme; or
(b)it is a mallard, grey or red-legged partridge, common pheasant or red grouse which is no longer in captivity and is not in a place where it was reared.”.
(4)In section 2 (exceptions to section 1)—
(a)in the title, at the end add “ : acts by certain persons outside close season ”,
(b)in subsection (1), after “this section,” insert “ where subsection (1A) applies ”,
(c)after that subsection insert—
“(1A)This subsection applies where—
(a)the person who kills or injures had—
(i)a legal right to kill such a bird; or
(ii)permission, from a person who had a right to give permission, to kill such a bird; or
(b)the person who takes had—
(i)a legal right to take such a bird; or
(ii)permission, from a person who had a right to give permission, to take such a bird.”,
(d)in subsection (3), after “Christmas Day” insert “ in relation to those birds included in Part I of Schedule 2 which are also included in Part IA of that Schedule ”,
(e)after subsection (3), insert—
“(3A)Subject to the provisions of this section, where subsection (3B) applies a person does not commit an offence under section 1 by reason of the taking for the purposes of breeding of—
(a)a partridge or pheasant included in Part I of Schedule 2; or
(b)an egg of such a bird.
(3B)This subsection applies where—
(a)the person who takes does so during the period of 28 days commencing with the first day of the close season for the bird; and
(b)the person who takes had—
(i)a legal right to take such a bird; or
(ii)permission, from a person who had a right to give permission, to take such a bird.
(3C)A person does not commit an offence under section 1 by reason of the taking of a red grouse if—
(a)the grouse is taken—
(i)for the purpose of preventing the spread of disease; and
(ii)with the intention of releasing it from captivity after no more than 12 hours; and
(b)the person had—
(i)a legal right to take such a grouse; or
(ii)permission, from a person who had a right to give permission, to take such a grouse.”,
(f)in subsection (4)—
(i)after paragraph (b) insert—
“(ba)in the case of pheasant, the period in any year commencing with 2nd February and ending with 30th September;
(bb)in the case of partridge, the period in any year commencing with 2nd February and ending with 31st August;”,
(ii)after paragraph (c) insert—
“(ca)in the case of black grouse, the period commencing with 11th December in any year and ending with 19th August in the following year;
(cb)in the case of ptarmigan and red grouse, the period commencing with 11th December in any year and ending with 11th August in the following year;”,
(g)in subsection (7)—
(i)for “a person” substitute “ such persons ”,
(ii)at the end add “ as he considers appropriate ”.
(5)In section 5(5) (use of cage traps or nets for breeding purposes), for “game bird” substitute “ grouse, mallard, partridge or pheasant included in Part I of Schedule 2 ”.
(6)In section 26 (regulations, orders, notices etc.)—
(a)in subsection (2)—
(i)after “than” insert “—
(a)an order under any of”,
(ii)for “and” substitute “ or ”,
(iii)after “11(4)” insert “; and
(b)an order under section 22(1)(a) which removes from Part I of Schedule 2 black grouse, common pheasant, grey partridge, ptarmigan, red grouse or red-legged partridge,”,
(b)in subsection (3)—
(i)after “No” insert “—
(ii)after “11(4)” insert “; or
(b)order under section 22(1)(a) which removes from Part I of Schedule 2 any bird referred to in paragraph (b) of subsection (2),”.
(7)In Schedule 2, Part I (birds which may be killed or taken outside the close season)—
(a)before the entries relating to the bird with the common name “Mallard” insert in columns 1 and 2 the following entries—
|“Grouse, Black||Tetrao tetrix|
|Grouse, Red||Lagopus lagopus scoticus”,|
(b)after the entries relating to the bird with the common name “Moorhen” insert in columns 1 and 2 the following entries—
|“Partridge, Grey||Perdix perdix|
|Partridge, Red-legged||Alectoris rufa|
|Pheasant, Common||Phasianus colchicus”,|
(c)after the entries relating to the bird with the common name “Pochard” insert in columns 1 and 2 the following entries—
(8)In Schedule 2, after Part I insert—
|Common name||Scientific name|
|Duck, Tufted||Aythya fuligula|
|Goose, Canada||Branta canadensis|
|Goose, Greylag||Anser anser|
|Goose, Pink-footed||Anser brachyrhynchus|
|Plover, Golden||Pluvialis apricaria|
|Snipe, Common||Gallinago gallinago|
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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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