Search Legislation

The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2001 No. 337

WILDLIFE

The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001

Made

1st October 2001

Laid before the Scottish Parliament

2nd October 2001

Coming into force

4th November 2001

The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001 and shall come into force on 4th November 2001.

(2) These Regulations extend to Scotland only.

Amendment of 1981 Act

2.—(1) The Wildlife and Countryside Act 1981(2) is amended as follows.

(2) In section 2(4)(a) omit “capercaillie and”.

(3) In Part I of Schedule 1 (birds which are protected by special penalties)–

(a)in the first column, after “Buzzard, Honey”, insert “Capercaillie”; and

(b)in the second column, after “Pernis apivorus”, insert “Tetrao urogallus”.

(4) In Part I of Schedule 2 (birds which may be killed or taken), in the first colum, omit “Capercaillie” and, in the second column, omit “Tetrao urogallus”.

(5) In Part III of Schedule 3 (birds which may be sold), in the first column, omit “Capercaillie” and, in the second column, omit “Tetrao urogallus”.

RHONA BRANKIN

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

1st October 2001

Explanatory Note

(This note is not part of the Order)

These Regulations are being made to ensure compliance with Council Directive of 2nd April 1979 on the Conservation of Wild Birds (79/409/EEC) (O.J. L 103, 25.04.79, p.1) as amended by Commission Directive 91/244/EEC (O.J. No. L 115, 08.05.91, p.41), Council Directive 94/24/EC (O.J. No. L 164, 30.06.94, p.9) and Commission Directive 97/49/EC (O.J. No. L 223, 13.08.97, p.9).

The Regulations remove the capercaillie (tetrao urogallus) from Part I of Schedule 2 to the Wildlife and Countryside Act 1981 which contains the list of species which may be hunted in Scotland and place it in Part I of Schedule 1 to that Act which provides greater legal protection to the species by making offences involving the bird punishable by special penalties as described in Section 21 of the Wildlife and Countryside Act 1981.

The Regulations also remove the reference to capercaillie in the definition of “close season”, as set out in Section 2(4)(a) of the above Act, and remove the reference to capercaillie as a bird which may be sold from Schedule 3 of that Act.

(1)

1972 c. 68; section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources