(1)In section 1 of the 1981 Act (protection of wild birds, their nests and eggs), for subsection (6) 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 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 Directive of the Council of the European Communities dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds.”
(2)In section 6 of the 1981 Act (sale etc. of live or dead wild birds, eggs etc.), for subsection (5) substitute—
“(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 Directive of the Council of the European Communities dated 2nd April 1979 (No 1979/409/EEC) on the conservation of wild birds.
(5B)Regulations made for the purposes of subsection (5)(b) may make different provision for different birds or different provisions of this section.”
Commencement Information
I1S. 48 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)