Nature Conservation (Scotland) Act 2004

Miscellaneous

23 (1) Section 27 (interpretation of Part I) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “poultry”, for “domestic” substitute “the domestic forms of the following, that is to say”,

(b) in the definition of “wild bird”—

(i) for “kind” substitute “species”,

(ii) for “Great Britain” substitute “any member State or the European territory of any member State”,

(c) in the definition of “wild plant”, after “plant” insert “(including fungi)”.

(3) After subsection (2) insert—

“(2A) An animal shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully held in captivity—

(a) where the animal is of a viviparous species, when it was born,

(b) where the animal is of an oviparous species, when the egg was laid.”

(4) After subsection (3) insert—

“(3ZA) Any reference in this Part to a plant which is growing—

(a) includes a reference to a bulb, corm or rhizome;

(b) does not include a reference to a seed or spore.”