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U.K.

Wildlife and Countryside Act 1981

1981 CHAPTER 69

An Act to repeal and re-enact with amendments the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975; to prohibit certain methods of killing or taking wild animals; to amend the law relating to protection of certain mammals; to restrict the introduction of certain animals and plants; to amend the Endangered Species (Import and Export) Act 1976; to amend the law relating to nature conservation, the countryside and National Parks and to make provision with respect to the Countryside Commission; to amend the law relating to public rights of way; and for connected purposes.

[30th October 1981]

Modifications etc. (not altering text)

C1Act amended (1.4.1996) by S.I. 1996/593, reg. 2 , Sch. 1

Act: certain functions transferred (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(1), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)

Part I U.K. Wildlife

Protection of birdsE+W+S

1 Protection of wild birds, their nests and eggs.E+W+S

(1)Subject to the provisions of this Part, if any person intentionally—

(a)kills, injures or takes any wild bird;

(b)takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or

(c)takes or destroys an egg of any wild bird,

he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any person has in his possession or control—

(a)any live or dead wild bird or any part of, or anything derived from, such a bird; or

(b)an egg of a wild bird or any part of such an egg,

he shall be guilty of an offence.

(3)A person shall not be guilty of an offence under subsection (2) if he shows that—

(a)the bird or egg had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; or

(b)the bird, egg or other thing in his possession or control had been sold (whether to him or any other person) otherwise than in contravention of those provisions;

and in this subsection “the relevant provisions” means the provisions of this Part and of orders made under it and, in the case of a bird or other thing falling within subsection (2)(a), the provisions of the Protection of Birds Acts 1954 to 1967 and of orders made under those Acts.

(4)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subject to the provisions of this Part, if any person intentionally [F2or recklessly]

(a)disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or

(b)disturbs dependent young of such a bird,

he shall be guilty of an offenceF3. . . .

(6)In this section “wild bird” does not include any bird which is shown to have been bred in captivity.

(7)Any reference in this Part to any bird included in Schedule 1 is a reference to any bird included in Part I and, during the close season for the bird in question, any bird included in Part II of that Schedule.

Textual Amendments

F1S. 1(4) repealed (30.1.2001 for E.W and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F2Words in s. 1(5) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 1 and inserted by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(5); S.S.I. 2004/407, art. 2

F3Words in s. 1(5) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

2 Exceptions to s. 1.E+W+S

(1)Subject to the provisions of this section, a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.

(2)Subject to the provisions of this section, an authorised person shall not be guilty of an offence under section 1 by reason of—

(a)the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;

(b)the taking, damaging or destruction of a nest of such a bird; or

(c)the taking or destruction of an egg of such a bird.

(3)Subsections (1) and (2) shall not apply in Scotland on Sundays or on Christmas Day; and subsection (1) shall not apply on Sundays in any area of England and Wales which the Secretary of State may by order prescribe for the purposes of that subsection.

(4)In this section and section 1 “close season” means—

(a)in the case of [F4capercaillie and] (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September;

(b)in the case of snipe, the period in any year commencing with 1st February and ending with 11th August;

(c)in the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August;

(d)in any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August.

(5)The Secretary of State may by order made with respect to the whole or any specified part of Great Britain vary the close season for any wild bird specified in the order.

(6)If it appears to the Secretary of State expedient that any wild birds included in Part II of Schedule 1 or Part I of Schedule 2 should be protected during any period outside the close season for those birds, he may by order made with respect to the whole or any specified part of Great Britain declare any period (which shall not in the case of any order exceed fourteen days) as a period of special protection for those birds; and this section and section 1 shall have effect as if any period of special protection declared under this subsection for any birds formed part of the close season for those birds.

(7)Before making an order under subsection (6) the Secretary of State shall consult a person appearing to him to be a representative of persons interested in the shooting of birds of the kind proposed to be protected by the order.

Textual Amendments

F4Words in s. 2(4)(a) omitted (S.) (4.11.2001) by virtue of S.S.I. 2001/337, reg. 2(2)

Modifications etc. (not altering text)

C2S.2(6): Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

3 Areas of special protection.E+W

(1)The Secretary of State may by order make provision with respect to any area specified in the order providing for all or any of the following matters, that is to say—

(a)that any person who, within that area or any part of it specified in the order, at any time or during any period so specified, intentionally—

(i)kills, injures or takes any wild bird or any wild bird so specified;

(ii)takes, damages or destroys the nest of such a bird while that nest is in use or being built;

(iii)takes or destroys an egg of such a bird;

(iv)disturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; or

(v)disturbs dependent young of such a bird,

shall be guilty of an offence under this section;

(b)that any person who, except as may be provided in the order, enters into that area or any part of it specified in the order at any time or during any period so specified shall be guilty of an offence under this section;

(c)that where any offence under this Part, or any such offence under this Part as may be specified in the order, is committed within that area, [F5the offence shall be treated as falling within section 7(3A)].

(2)An authorised person shall not by virtue of any such order be guilty of an offence by reason of—

(a)the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;

(b)the taking, damaging or destruction of the nest of such a bird;

(c)the taking or destruction of an egg of such a bird; or

(d)the disturbance of such a bird or dependent young of such a bird.

(3)The making of any order under this section with respect to any area shall not affect the exercise by any person of any right vested in him, whether as owner, lessee or occupier of any land in that area or by virtue of a licence or agreement.

(4)Before making any order under this section the Secretary of State shall give particulars of the intended order either by notice in writing to every owner and every occupier of any land included in the area with respect to which the order is to be made or, where the giving of such a notice is in his opinion impracticable, by advertisement in a newspaper circulating in the [F6locality] in which that area is situated.

(5)The Secretary of State shall not make an order under this section unless—

(a)all the owners and occupiers aforesaid have consented thereto;

(b)no objections thereto have been made by any of those owners or occupiers before the expiration of a period of three months from the date of the giving of the notice or the publication of the advertisement; or

(c)any such objections so made have been withdrawn.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F5Words in s. 3(1)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 2

3 Areas of special protection.S

(1)The Secretary of State may by order make provision with respect to any area specified in the order providing for all or any of the following matters, that is to say—

(a)that any person who, within that area or any part of it specified in the order, at any time or during any period so specified, intentionally—

(i)kills, injures or takes any wild bird or any wild bird so specified;

(ii)takes, damages or destroys the nest of such a bird while that nest is in use or being built;

(iii)takes or destroys an egg of such a bird;

(iv)disturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; or

(v)disturbs dependent young of such a bird,

shall be guilty of an offence under this section;

(b)that any person who, except as may be provided in the order, enters into that area or any part of it specified in the order at any time or during any period so specified shall be guilty of an offence under this section;

(c)F314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)An authorised person shall not by virtue of any such order be guilty of an offence by reason of—

(a)the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;

(b)the taking, damaging or destruction of the nest of such a bird;

(c)the taking or destruction of an egg of such a bird; or

(d)the disturbance of such a bird or dependent young of such a bird.

(3)The making of any order under this section with respect to any area shall not affect the exercise by any person of any right vested in him, whether as owner, lessee or occupier of any land in that area or by virtue of a licence or agreement.

(4)Before making any order under this section the Secretary of State shall give particulars of the intended order either by notice in writing to every owner and every occupier of any land included in the area with respect to which the order is to be made or, where the giving of such a notice is in his opinion impracticable, by advertisement in a newspaper circulating in the [F315locality] in which that area is situated.

(5)The Secretary of State shall not make an order under this section unless—

(a)all the owners and occupiers aforesaid have consented thereto;

(b)no objections thereto have been made by any of those owners or occupiers before the expiration of a period of three months from the date of the giving of the notice or the publication of the advertisement; or

(c)any such objections so made have been withdrawn.

Extent Information

E16This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F314S. 3(1)(c) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

4 Exceptions to ss. 1 and 3.E+W+S

(1)Nothing in section 1 or in any order made under section 3 shall make unlawful—

(a)anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M1Agriculture Act 1947, or by the Secretary of State under section 39 of the M2Agriculture (Scotland) Act 1948;

(b)anything done under, or in pursuance of an order made under, section 21 or 22 of the M3Animal Health Act 1981; or

(c)except in the case of a wild bird included in Schedule 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.

(2)Notwithstanding anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of—

(a)the taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

(b)the killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

(c)any act made unlawful by those provisions if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.

(3)Notwithstanding anything in the provisions of section 1 or any order made under section 3, an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of—

(a)preserving public health or public or air safety;

(b)preventing the spread of disease; or

(c)preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, [F7, fisheries or inland waters].

[F8(4)An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection (3)(c) unless he shows that as regards that purpose, there was no other satisfactory solution.

(5)An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time for any purpose mentioned in that paragraph if it had become apparent, before that time, that that action would prove necessary for that purpose and either—

(a)a licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; or

(b)an application by him for such a licence had been determined.

(6)An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action.]

Textual Amendments

F7Words in s. 4(3)(c) substituted (30.11.1995) by S.I. 1995/2825, reg. 2(1)

F8S. 4(4)-(6) inserted (30.11.1995) by S.I. 1995/2825, reg. 2(2)

Marginal Citations

5 Prohibition of certain methods of killing or taking wild birds.E+W+S

(1)Subject to the provisions of this Part, if any person—

(a)sets in position any of the following articles, being an article which is of such a nature and is so placed as to be calculated to cause bodily injury to any wild bird coming into contact therewith, that is to say, any springe, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance;

(b)uses for the purpose of killing or taking any wild bird any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net, baited board, bird-lime or substance of a like nature to bird-lime;

(c)uses for the purpose of killing or taking any wild bird—

(i)any bow or crossbow;

(ii)any explosive other than ammunition for a firearm;

(iii)any automatic or semi-automatic weapon;

(iv)any shot-gun of which the barrel has an internal diameter at the muzzle of more than one and three-quarter inches;

(v)any device for illuminating a target or any sighting device for night shooting;

(vi)any form of artificial lighting or any mirror or other dazzling device;

(vii)any gas or smoke not falling within paragraphs (a) and (b); or

(viii)any chemical wetting agent;

(d)uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; F9 . . .

(e)uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, [F10 ; or

(f)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection and which is not lawful under subsection (5),]

he shall be guilty of an offenceF11. . . .

(2)Subject to subsection (3), the Secretary of State may by order, either generally or in relation to any kind of wild bird specified in the order, amend subsection (1) by adding any method of killing or taking wild birds or by omitting any such method which is mentioned in that subsection.

(3)The power conferred by subsection (2) shall not be exerciseable, except for the purpose of complying with an international obligation, in relation to any method of killing or taking wild birds which involves the use of a firearm.

(4)In any proceedings under subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to wild birds.

[F12(4A)In any proceedings under subsection (1)(f) relating to an act which is mentioned in subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to wild birds.]

(5)Nothing in subsection (1) shall make unlawful—

(a)the use of a cage-trap or net by an authorised person for the purpose of taking a bird included in Part II of Schedule 2;

(b)the use of nets for the purpose of taking wild duck in a duck decoy which is shown to have been in use immediately before the passing of the M4Protection of Birds Act 1954; or

(c)the use of a cage-trap or net for the purpose of taking any game bird if it is shown that the taking of the bird is solely for the purpose of breeding;

but nothing in this subsection shall make lawful the use of any net for taking birds in flight or the use for taking birds on the ground of any net which is projected or propelled otherwise than by hand.

Textual Amendments

F9Word "or" in s. 5(1)(d) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(2), 3(3).

F10Word "or" and s. 5(1)(f) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(3), 3(3).

F11Words in s. 5(1) repealed (30.1.2001 for E.W. and 26.3.2002 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

Marginal Citations

6 Sale etc. of live or dead wild birds, eggs etc.E+W

(1)Subject to the provisions of this Part, if any person—

(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live wild bird other than a bird included in Part I of Schedule 3, or an egg of a wild bird or any part of such an egg; or

(b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any person F13. . . —

(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any dead wild bird other than a bird included in Part II or III of Schedule 3, or any part of, or anything derived from, such a wild bird; or

(b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(3)Subject to the provisions of this Part, if any person shows or causes or permits to be shown for the purposes of any competition or in any premises in which a competition is being held—

(a)any live wild bird other than a bird included in Part I of Schedule 3; or

(b)any live bird one of whose parents was such a wild bird,

he shall be guilty of an offence.

(4)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Any reference in this section to any bird included in Part I of Schedule 3 is a reference to any bird included in that Part which was bred in captivity and has been ringed or marked in accordance with regulations made by the Secretary of State; and regulations so made may make different provision for different birds or different provisions of this section.

(6)Any reference in this section to any bird included in Part II or III of Schedule 3 is a reference to any bird included in Part II and, during the period commencing with 1st September in any year and ending with 28th February of the following year, any bird included in Part III of that Schedule.

(7)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8A)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version on this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F13Words in s. 6(2) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 3, Sch. 16 Pt. IV (with Sch. 12 para. 10(6))

F14S. 6(4) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F15S. 6(7)-(10) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))

6 Sale etc. of live or dead wild birds, eggs etc.S

(1)Subject to the provisions of this Part, if any person—

(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live wild bird other than a bird included in Part I of Schedule 3, or an egg of a wild bird or any part of such an egg; or

(b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any person who is not for the time being registered in accordance with regulations made by the Secretary of State—

(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any dead wild bird other than a bird included in Part II or III of Schedule 3, or any part of, or anything derived from, such a wild bird; or

(b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(3)Subject to the provisions of this Part, if any person shows or causes or permits to be shown for the purposes of any competition or in any premises in which a competition is being held—

(a)any live wild bird other than a bird included in Part I of Schedule 3; or

(b)any live bird one of whose parents was such a wild bird,

he shall be guilty of an offence.

(4)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Any reference in this section to any bird included in Part I of Schedule 3 is a reference to any bird included in that Part which was bred in captivity and has been ringed or marked in accordance with regulations made by the Secretary of State; and regulations so made may make different provision for different birds or different provisions of this section.

(6)Any reference in this section to any bird included in Part II or III of Schedule 3 is a reference to any bird included in Part II and, during the period commencing with 1st September in any year and ending with 28th February of the following year, any bird included in Part III of that Schedule.

(7)The power of the Secretary of State to make regulations under subsection (2) shall include power—

(a)to impose requirements as to the carrying out by a person registered in accordance with the regulations of any act which, apart from the registration, would constitute an offence under this section; and

(b)to provide that any contravention of the regulations shall constitute such an offence.

(8)Regulations under subsection (2) shall secure that no person shall become or remain registered [F316within five years of his having been convicted of—

(a)an offence under this Part (being an offence relating to the protection of birds or other animals); or

(b)any other offence involving their ill-treatment,]

no account being taken for this purpose of a conviction which has become spent by virtue of the M66Rehabilitation of Offenders Act 1974.

(8A)The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (2).

(9)Any person authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter and inspect any premises where a registered person keeps any wild birds for the purpose of ascertaining whether an offence under this section is being, or has been, committed on those premises.

(10)Any person who intentionally obstructs a person acting in the exercise of the power conferred by subsection (9) shall be guilty of an offence.

Extent Information

E17This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F14S. 6(4) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F316S. 6(8): paras. (a)(b) and preceding words substituted (S.) (26.3.2003) for paras. (a)(b) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 2

Marginal Citations

M661974. c. 53.

7 Registration etc. of certain captive birds.E+W

(1)If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence F16. . ..

(2)The power of the Secretary of State to make regulations under subsection (1) shall include power—

(a)to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and

(b)to make different provision for different birds or different descriptions of birds.

[F17(2A)The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).]

(3)If any person keeps or has in his possession or under his control any bird included in Schedule 4—

(a)within five years of his having been convicted of an offence under this Part [F18which falls within subsection (3A)]; or

(b)within three years of his having been convicted of any other offence under this Part so far as it relates to the protection of birds or other animals or any offence involving their ill-treatment,

he shall be guilty of an offence.

[F19(3A)The offences falling within this subsection are—

(a)any offence under section 1(1) or (2) in respect of—

(i)a bird included in Schedule 1 or any part of, or anything derived from, such a bird,

(ii)the nest of such a bird, or

(iii)an egg of such a bird or any part of such an egg;

(b)any offence under section 1(5) or 5;

(c)any offence under section 6 in respect of—

(i)a bird included in Schedule 1 or any part of, or anything derived from, such a bird, or

(ii)an egg of such a bird or any part of such an egg;

(d)any offence under section 8.]

(4)If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person—

(a)within five years of that person’s having been convicted of such an offence as is mentioned in paragraph (a) of subsection (3); or

(b)within three years of that person’s having been convicted of such an offence as is mentioned in paragraph (b) of that subsection,

he shall be guilty of an offence.

(5)No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the M5Rehabilitation of Offenders Act 1974.

F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F16Words in s. 7(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))

F17S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)

F18Words in s. 7(3)(a) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(1)

F19S. 7(3A) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(2)

F20S. 7(6)(7) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))

Modifications etc. (not altering text)

C3S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.

Marginal Citations

7 Registration etc. of certain captive birds.S

(1)If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence F317. . . .

(2)The power of the Secretary of State to make regulations under subsection (1) shall include power—

(a)to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and

(b)to make different provision for different birds or different descriptions of birds.

[F318(2A)The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).]

(3)If any person keeps or has in his possession or under his control any bird included in Schedule 4 [F319within five years of his having been convicted of—

(a)an offence under this Part (being an offence relating to the protection of birds or other animals); or

(b)any other offence involving their ill-treatment,]

he shall be guilty of an offence.

(4)If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person[F320 within five years of that person’s having been convicted of such an offence as is mentioned in subsection (3),] he shall be guilty of an offence.

(5)No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the M67Rehabilitation of Offenders Act 1974.

(6)Any person authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter and inspect any premises where any birds included in Schedule 4 are kept for the purpose of ascertaining whether an offence under this section is being, or has been, committed on those premises.

(7)Any person who intentionally obstructs a person acting in the exercise of the power conferred by subsection (6) shall be guilty of an offence.

Extent Information

E18This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F317Words in s. 7(1) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), s. 86, Sch. 5

F318S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)

F319S. 7(3): paras. (a)(b) and preceding words substituted (S.) (26.3.2003) for paras. (a)(b) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 2

F320S. 7(4)(a)(b) substituted (S.) (26.3.2003) for words by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 3

Modifications etc. (not altering text)

C37S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.

Marginal Citations

8 Protection of captive birds.E+W+S

(1)If any person keeps or confines any bird whatever in any cage or other receptacle which is not sufficient in height, length or breadth to permit the bird to stretch its wings freely, he shall be guilty of an offenceF21. . . .

(2)Subsection (1) does not apply to poultry, or to the keeping or confining of any bird—

(a)while that bird is in the course of conveyance, by whatever means;

(b)while that bird is being shown for the purposes of any public exhibition or competition if the time during which the bird is kept or confined for those purposes does not in the aggregate exceed 72 hours; or

(c)while that bird is undergoing examination or treatment by a veterinary surgeon or veterinary practitioner.

(3)Every person who—

(a)promotes, arranges, conducts, assists in, receives money for, or takes part in, any event whatever at or in the course of which captive birds are liberated by hand or by any other means whatever for the purpose of being shot immediately after their liberation; or

(b)being the owner or occupier of any land, permits that land to be used for the purposes of such an event,

shall be guilty of an offenceF22. . . .

Textual Amendments

F21Words in s. 8(1) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

F22Words in s. 8(3) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5

Protection of other animalsE+W+S

9 Protection of certain wild animals.E+W+S

(1)Subject to the provisions of this Part, if any person intentionally kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any person has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal, he shall be guilty of an offence.

(3)A person shall not be guilty of an offence under subsection (2) if he shows that—

(a)the animal had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; or

(b)the animal or other thing in his possession or control had been sold (whether to him or any other person) otherwise than in contravention of those provisions;

and in this subsection “the relevant provisions” means the provisions of this Part and of the M6Conservation of Wild Creatures and Wild Plants Act 1975.

(4)Subject to the provisions of this Part, if any person intentionally [F23or recklessly]

(a)damages or destroys, or obstructs access to, any structure or place which any wild animal included in Schedule 5 uses for shelter or protection; or

(b)disturbs any such animal while it is occupying a structure or place which it uses for that purpose,

he shall be guilty of an offence.

[F24(4A)Subject to the provisions of this Part, if any person intentionally or recklessly disturbs any wild animal included in Schedule 5 as—

(a)a dolphin or whale (cetacea), or

(b)a basking shark (cetorhinus maximus),

he shall be guilty of an offence.]

(5)Subject to the provisions of this Part, if any person—

(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal; or

(b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(6)In any proceedings for an offence under subsection (1), (2) or (5)(a), the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

Textual Amendments

F23 Words in s. 9(4) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 5(a) and by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(5); S.S.I. 2004/407, art. 2

F24 S. 9(4A) inserted (E.W.) (30.1.2001) by 2000 c. 37 , ss. 81(1), 103(2), Sch. 12 para. 5(b)

Marginal Citations

10 Exceptions to s. 9.E+W+S

(1)Nothing in section 9 shall make unlawful—

(a)anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M7Agriculture Act 1947, or by the Secretary of State under section 39 of the M8Agriculture (Scotland) Act 1948; or

(b)anything done under, or in pursuance of an order made under, the M9Animal Health Act 1981.

(2)Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house.

(3)Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—

(a)the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

(b)the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

(c)any act made unlawful by that section if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.

(4)Notwithstanding anything in section 9, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5 if he shows that his action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

(5)A person shall not be entitled to rely on the defence provided by subsection (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the Nature Conservancy Council [F25for the area in which the house is situated or, as the case may be, the act is to take place] of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used.

(6)An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either—

(a)a licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

(b)an application for such a licence had been determined.

Textual Amendments

Marginal Citations

11 Prohibition of certain methods of killing or taking wild animals.E+W+S

(1)Subject to the provisions of this Part, if any person—

(a)sets in position any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith;

(b)uses for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as aforesaid, any bow or cross-bow or any explosive other than ammunition for a firearm; F26 . . .

(c)uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, [F27 ; or

(d)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,]

he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any person—

(a)sets in position any of the following articles, being an article which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedule 6 which comes into contact therewith, that is to say, any trap or snare, any electrical device for killing or stunning or any poisonous, poisoned or stupefying substance;

(b)uses for the purpose of killing or taking any such wild animal any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net;

(c)uses for the purpose of killing or taking any such wild animal—

(i)any automatic or semi-automatic weapon;

(ii)any device for illuminating a target or sighting device for night shooting;

(iii)any form of artificial light or any mirror or other dazzling device; or

(iv)any gas or smoke not falling within paragraphs (a) and (b);

(d)uses as a decoy, for the purpose of killing or taking any such wild animal, any sound recording; F28 . . .

(e)uses any mechanically propelled vehicle in immediate pursuit of any such wild animal for the purpose of driving, killing or taking that animal, [F29 ; or

(f)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection,]

he shall be guilty of an offence.

(3)Subject to the provisions of this Part, if any person—

(a)sets in position [F30or knowingly causes or permits to be set in position] any snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; and

(b)while the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day,

he shall be guilty of an offence.

(4)The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.

(5)In any proceedings for an offence under subsection (1)(b) or (c) or (2)(b), (c), (d) or (e), [F31and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs] the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

(6)In any proceedings for an offence under subsection (2)(a) it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in Schedule 6.

[F32(7)In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in subsection (2)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in Schedule 6.]

Textual Amendments

F26 Word "or" in s. 11(1)(b) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(a), 3(3).

F27 Word "or" and s. 11(1)(d) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(b), 3(3).

F28 Word "or" in s. 11(2)(d) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(3)(a), 3(3).

F29 Word "or" and s. 11(2)(f) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(3)(b), 3(3).

F30 Words in s. 11(3)(a) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(4), 3(3).

12 Protection of certain mammals.E+W+S

Schedule 7, which amends the law relating to the protection of certain mammals, shall have effect.

Protection of plantsE+W+S

13 Protection of wild plants.E+W+S

(1)Subject to the provisions of this Part, if any person—

(a)intentionally picks, uproots or destroys any wild plant included in Schedule 8; or

(b)not being an authorised person, intentionally uproots any wild plant not included in that Schedule,

he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any person—

(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild plant included in Schedule 8, or any part of, or anything derived from, such a plant; or

(b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(3)Notwithstanding anything in subsection (1), a person shall not be guilty of an offence by reason of any act made unlawful by that subsection if he shows that the act was an incidental result of a lawful operation and could not reasonably have been avoided.

(4)In any proceedings for an offence under subsection (2)(a), the plant in question shall be presumed to have been a wild plant unless the contrary is shown.

MiscellaneousU.K.

14 Introduction of new species etc.E+W+S

(1)Subject to the provisions of this Part, if any person releases or allows to escape into the wild any animal which—

(a)is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; or

(b)is included in Part I of Schedule 9,

he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence.

(3)Subject to subsection (4), it shall be a defence to a charge of committing an offence under subsection (1) or (2) to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

(4)Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession.

[F33(5)Any person authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for the purpose of ascertaining whether an offence under subsection (1) or (2) is being, or has been, committed on that land; but nothing in this subsection shall authorise any person to enter a dwelling.]

[F33(6)Any person who intentionally obstructs a person acting in the exercise of the power conferred by subsection (5) shall be guilty of an offence.]

Textual Amendments

F33S. 14(5)(6) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV

Valid from 01/10/2006

[F3414ZASale etc. of invasive non-native speciesE+W

(1)Subject to the provisions of this Part, a person is guilty of an offence if he sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale—

(a)an animal or plant to which this section applies, or

(b)anything from which such an animal or plant can be reproduced or propagated.

(2)Subject to the provisions of this Part, a person is guilty of an offence if he publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell—

(a)an animal or plant to which this section applies, or

(b)anything from which such an animal or plant can be reproduced or propagated.

(3)This section applies to an animal or plant which—

(a)is within section 14(1) or (2) (animals and plants which must not be released etc. into the wild),

(b)is of a description prescribed for the purposes of this section by an order made by the Secretary of State, and

(c)is a live animal or live plant.

(4)An order under subsection (3) may be made in relation to a particular area or a particular time of the year.

(5)Subsections (3) and (4) of section 14 (defence of due diligence etc.) apply to an offence under this section as they apply to an offence under that section.]

Valid from 01/10/2006

[F3514ZBCodes of practice in connection with invasive non-native speciesE+W

(1)The Secretary of State may issue or approve a code of practice relating to—

(a)animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state,

(b)animals or plants included in Schedule 9, or

(c)any description of animals or plants mentioned in paragraph (a) or (b).

(2)The Secretary of State may revise or replace a code or approve its revision or replacement.

(3)The Secretary of State must ensure that a code is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it.

(4)A person's failure to comply with a provision of a code does not make him liable to criminal or civil proceedings.

(5)A code—

(a)is admissible in evidence in any proceedings, and

(b)must be taken into account by a court in any case in which it appears to the court to be relevant.]

Textual Amendments

Valid from 01/10/2004

[F3614AProhibition on sale etc. of certain animals or plantsS

(1)This section applies to—

(a)any animal of a type mentioned in subsection (1) or (1A) of section 14 specified in an order made by the Scottish Ministers for the purposes of this section; and

(b)any plant—

(i)which does not ordinarily grow in Great Britain in a wild state or which is a hybrid of such a plant; or

(ii)of a type mentioned in subsection (2) of section 14,

specified in such an order.

(2)Subject to the provisions of this Part, any person who—

(a)sells, offers or exposes for sale or has in the person’s possession or transports for the purpose of sale any animal or plant to which this section applies; or

(b)publishes or causes to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell, any such animal or plant,

is guilty of an offence.

(3)An order under subsection (1) may specify particular types of animals or plants—

(a)subject to such exceptions;

(b)only at such times of the year;

(c)only in relation to such areas,

as the order may specify.

Textual Amendments

Valid from 01/10/2004

14BGuidance: non-native speciesS

(1)The Scottish Ministers may issue guidance (or approve guidance issued by others) for the purpose of providing persons with recommendations, advice and information regarding—

(a)any animal of a type mentioned in subsection (1) or (1A) of section 14,

(b)any plant of a type mentioned in subsection (2) of that section or specified in an order under section 14A(1)(b)(i),

and may issue revisions of any guidance issued by them (or approve revisions of guidance issued by others).

(2)A person who fails to comply with any guidance issued or approved under subsection (1) is not by reason only of that failure liable in any criminal or civil proceedings.

(3)But any such guidance is admissible in evidence in such proceedings and a court may take account of any failure to comply with it in determining any questions in the proceedings.]

Textual Amendments

15 Endangered species (import and export).U.K.

X1(1)The M10Endangered Species (Import and Export) Act 1976 shall have effect subject to the amendments provided for in Schedule 10 ; and in that Schedule “the 1976 Act” means that Act.

(2)The functions of the Nature Conservancy [F37Councils] shall include power to advise or assist—

(a)any constable;

(b)any officer commissioned or other person appointed or authorised by the Commissioners of Customs and Excise to exercise any function conferred on the Commissioners by the said Act of 1976; or

(c)any person duly authorised by the Secretary of State under section 7(3) of that Act,

in, or in connection with, the enforcement of that Act or any order made under it.

Editorial Information

X1The text of ss. 15(1), 38(6), 40, 46(1)-(3), and 47(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

Marginal Citations

Valid from 01/10/2004

[F3815APossession of pesticidesS

(1)Any person who is in possession of any pesticide containing one or more prescribed active ingredient shall be guilty of an offence.

(2)A person shall not be guilty of an offence under subsection (1) if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with—

(a)any regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), or

(b)the Biocidal Products Regulations 2001 (S.I. 2001/880) or any regulations replacing those regulations.

(3)In this section—

  • pesticide” has the meaning given in the Food and Environment Protection Act 1985 (c. 48), and

  • prescribed active ingredient” means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers.]

Textual Amendments

SupplementalU.K.

16 Power to grant licences.E+W

(1)Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—

[F39(a)for scientific, research or educational purposes;]

(b)for the purpose of ringing or marking, or examining any ring or mark on, wild birds;

(c)for the purpose of conserving wild birds;

[F40(ca)for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

(cb)for the purpose of conserving flora or fauna;]

(d)for the purpose of protecting any collection of wild birds;

(e)for the purposes of falconry or aviculture;

(f)for the purposes of any public exhibition or competition;

(g)for the purposes of taxidermy;

(h)for the purpose of photography;

(i)for the purposes of preserving public health or public or air safety;

(j)for the purpose of preventing the spread of disease; or

(k)for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber [F41, fisheries or inland waters],

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

[F42(1A)The appropriate authority—

(a)shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and

(b)shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.]

(2)Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—

(a)a gannet on the island of Sula Sgeir; or

(b)a gull’s egg or, at any time before 15th April in any year, a lapwing’s egg,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

(3)Sections 9(1), (2) [F43, (4) and (4A)], 11(1) and (2) and 13(1) do not apply to anything done—

(a)for scientific or educational purposes;

(b)for the purpose of ringing or marking, or examining any ring or mark on,wild animals;

(c)for the purpose of conserving wild animals or wild plants or introducing them to particular areas;

(d)for the purpose of protecting any zoological or botanical collection;

(e)for the purpose of photography;

(f)for the purpose of preserving public health or public safety;

(g)for the purpose of preventing the spread of disease; or

(h)for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

(4)The following provisions, namely—

(a)section 6(1) and (2);

(b)sections 9(5) and 13(2); and

(c)section 14,

do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.

(5)Subject to [F44subsections (5A) and (6)], a licence under the foregoing provisions of this section—

(a)may be, to any degree, general or specific;

(b)may be granted either to persons of a class or to a particular person;

(c)may be subject to compliance with any specified conditions;

(d)may be modified or revoked at any time by the appropriate authority; and

(e)subject to paragraph (d), shall be valid for the period stated in the licence;

and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.

[F45(5A)A licence under subsection (1) which authorises any action in respect of wild birds—

(a)shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;

(b)shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and

(c)subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.]

(6)A licence under subsection [F46(2) or (3)] which authorises any person to kill wild birds or wild animals—

(a)shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and

(b)subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.

(7)It shall be a defence in proceedings for an offence under section 8(b) of the M11Protection of Animals Act 1911 or section 7(b) of the M12Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—

(a)the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and

(b)any conditions specified in the licence were complied with.

(8)For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.

(9)In this section “the appropriate authority” means—

(a)in the case of a licence under [F47any of paragraphs (a) to (cb)] of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the [F48relevant] Nature Conservancy Council;

(b)in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid;

(c)in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) of subsection (3), the [F48relevant] Nature Conservancy Council;

(d)in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and

(e)in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.

[F49(9A)In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 (No.79/409/EEC) on the conservation of wild birds.]

(10)The agriculture Minister—

(a)shall from time to time consult with [F50each of the Nature Conservancy Councils] as to the exercise [F51in the area of that Council] of his functions under this section; and

(b)shall not grant a licence of any description unless he has been advised by the [F52relevant Nature Conservancy] Council as to the circumstances in which, in their opinion, licences of that description should be granted.

[F53(11)For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the Nature Conservancy Council for the area in which it is proposed to carry on the activity requiring a licence.]

Extent Information

E4This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F39S. 16(1)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(a)

F40S. 16(1)(ca)(cb) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(b)

F41Words in s. 16(2)(k) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(c)

F42S. 16(1A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(3)

F43Words in s. 16(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 6

F44Words in s. 16(5) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(4)

F45S. 16(5A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(5)

F46Words in s. 16(6) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(6)

F47Words in s. 16(9)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(7)

F49S. 16(9A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(8)

Modifications etc. (not altering text)

C4S. 16: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

16 Power to grant licences.S

(1)Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—

[F321(a)for scientific, research or educational purposes;]

(b)for the purpose of ringing or marking, or examining any ring or mark on, wild birds;

(c)for the purpose of conserving wild birds;

[F322(ca)for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

(cb)for the purpose of conserving flora or fauna;]

(d)for the purpose of protecting any collection of wild birds;

(e)for the purposes of falconry or aviculture;

(f)for the purposes of any public exhibition or competition;

(g)for the purposes of taxidermy;

(h)for the purpose of photography;

(i)for the purposes of preserving public health or public or air safety;

(j)for the purpose of preventing the spread of disease; or

(k)for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber [F323, fisheries or inland waters],

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

[F324(1A)The appropriate authority—

(a)shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and

(b)shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.]

(2)Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—

(a)a gannet on the island of Sula Sgeir; or

(b)a gull’s egg or, at any time before 15th April in any year, a lapwing’s egg,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

(3)Sections 9(1), (2) and (4), 11(1) and (2) and 13(1) do not apply to anything done—

(a)for scientific or educational purposes;

(b)for the purpose of ringing or marking, or examining any ring or mark on,wild animals;

(c)for the purpose of conserving wild animals or wild plants or introducing them to particular areas;

(d)for the purpose of protecting any zoological or botanical collection;

(e)for the purpose of photography;

(f)for the purpose of preserving public health or public safety;

(g)for the purpose of preventing the spread of disease; or

(h)for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

(4)The following provisions, namely—

(a)section 6(1) and (2);

(b)sections 9(5) and 13(2); and

(c)section 14,

do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.

(5)Subject to [F325subsections (5A) and (6)], a licence under the foregoing provisions of this section—

(a)may be, to any degree, general or specific;

(b)may be granted either to persons of a class or to a particular person;

(c)may be subject to compliance with any specified conditions;

(d)may be modified or revoked at any time by the appropriate authority; and

(e)subject to paragraph (d), shall be valid for the period stated in the licence;

and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.

[F326(5A)A licence under subsection (1) which authorises any action in respect of wild birds—

(a)shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;

(b)shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and

(c)subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.]

(6)A licence under subsection [F327(2) or (3)] which authorises any person to kill wild birds or wild animals—

(a)shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and

(b)subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.

(7)It shall be a defence in proceedings for an offence under section 8(b) of the M68Protection of Animals Act 1911 or section 7(b) of the M69Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—

(a)the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and

(b)any conditions specified in the licence were complied with.

(8)For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.

(9)In this section “the appropriate authority” means—

(a)in the case of a licence under [F328any of paragraphs (a) to (cb)] of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the [F329relevant] Nature Conservancy Council;

(b)in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid;

(c)in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) of subsection (3), the [F329relevant] Nature Conservancy Council;

(d)in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and

(e)in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.

[F330(9A)In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 (No.79/409/EEC) on the conservation of wild birds.]

(10)The agriculture Minister—

(a)shall from time to time consult with [F331each of the Nature Conservancy Councils] as to the exercise [F332in the area of that Council] of his functions under this section; and

(b)shall not grant a licence of any description unless he has been advised by the [F333relevant Nature Conservancy] Council as to the circumstances in which, in their opinion, licences of that description should be granted.

[F334(11)For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the Nature Conservancy Council for the area in which it is proposed to carry on the activity requiring a licence.]

Extent Information

E19This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F321S. 16(1)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(a)

F322S. 16(1)(ca)(cb) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(b)

F323Words in s. 16(2)(k) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(c)

F324S. 16(1A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(3)

F325Words in s. 16(5) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(4)

F326S. 16(5A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(5)

F327Words in s. 16(6) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(6)

F328Words in s. 16(9)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(7)

F330S. 16(9A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(8)

Modifications etc. (not altering text)

C38S. 16: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

17 False statements made for obtaining registration or licence etc.E+W+S

A person who, for the purposes of obtaining, whether for himself or another, a registration in accordance with regulations made under section [F546(2) or] 7(1) or the grant of a licence under section 16—

(a)makes a statement or representation, or furnishes a document or information, which he knows to be false in a material particular; or

(b)recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular,

shall be guilty of an offence.

Textual Amendments

F54Words in s. 17 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV

18 Attempts to commit offences etc.E+W+S

(1)Any person who attempts to commit an offence under the foregoing provisions of this Part shall be guilty of an offence and shall be punishable in like manner as for the said offence.

(2)Any person who for the purposes of committing an offence under the foregoing provisions of this Part, has in his possession anything capable of being used for committing the offence shall be guilty of an offence and shall be punishable in like manner as for the said offence.

Valid from 31/05/2006

[F5518AWildlife inspectorsE+W

(1)In this Part, “wildlife inspector” means a person authorised in writing under this section by—

(a)the Secretary of State (in relation to England), or

(b)the National Assembly for Wales (in relation to Wales).

(2)An authorisation under subsection (1) is subject to any conditions or limitations specified in it.

(3)A wildlife inspector must, if required to do so, produce evidence of his authority before entering any premises under section 18B or 18D.

(4)A wildlife inspector entering premises under either of those sections may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under section 18C or 18E.

Textual Amendments

Modifications etc. (not altering text)

Valid from 31/05/2006

18BGroup 1 offences and licences: power to enter premisesE+W

(1)A wildlife inspector may, at any reasonable time, enter and inspect any premises—

(a)for the purpose of ascertaining whether a Group 1 offence is being or has been committed;

(b)for the purpose of—

(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 Group 1 licence, or

(ii)ascertaining whether any condition to which a Group 1 licence was subject has been complied with.

(2)In this Part—

  • Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and

  • Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.

(3)Nothing in this section confers power to enter a dwelling.

Textual Amendments

Modifications etc. (not altering text)

Valid from 31/05/2006

18CGroup 1 offences and licences: examining specimens and taking samplesE+W

(1)The powers conferred by this section are exercisable where a wildlife inspector has entered any premises for a purpose mentioned in section 18B(1)(a) or (b).

(2)The inspector, or a veterinary surgeon accompanying him, may—

(a)for any such purpose, examine any specimen, and

(b)subject to subsection (5) and section 18F, take a sample from it.

(3)Specimen” means—

(a)any bird, other animal or plant, or

(b)any part of, or anything derived from, a bird, other animal or plant.

(4)Sample” means a sample of blood, tissue or other biological material.

(5)No sample may be taken under subsection (2) from a live bird, other animal or plant except for the purpose of establishing its identity or ancestry.

(6)The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—

(a)making an examination under subsection (2)(a), or

(b)taking a sample under subsection (2)(b).

(7)The inspector may take and remove from the premises a specimen which is not a live bird, other animal or plant, if there are reasonable grounds for believing that it is evidence of a Group 1 offence.

Textual Amendments

Modifications etc. (not altering text)

Valid from 31/05/2006

18DGroup 2 offences and licences etc.: power to enter premisesE+W

(1)A wildlife inspector may, at any reasonable time, enter and inspect any premises—

(a)for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;

(b)where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

(c)for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises;

(d)for the purpose of—

(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 Group 2 licence or a relevant registration, or

(ii)ascertaining whether any condition to which a Group 2 licence was subject has been complied with.

(2)In this Part—

  • Group 2 offence” means an offence under section 6, 7, 9(5), 13(2) or 14,

  • Group 2 licence” means a licence authorising anything which would otherwise be a Group 2 offence, and

  • relevant registration” means a registration in accordance with regulations under section 7(1).

(3)In subsection (1)—

(a)paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—

(i)a Group 2 licence or a relevant registration held by an occupier of the dwelling, or

(ii)an application by an occupier of the dwelling for a Group 2 licence or a relevant registration, and

(b)paragraph (c) does not confer any power to enter a dwelling.

Textual Amendments

Valid from 31/05/2006

18EGroup 2 offences: examining specimens and taking samplesE+W

(1)A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector or a veterinary surgeon.

(2)A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed, require the taking of a sample from a specimen found by him in the exercise of powers conferred by section 18D in order to determine its identity or ancestry.

(3)A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed in respect of any specimen (the relevant specimen), require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—

(a)is alleged to be, or

(b)which the wildlife inspector suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(4)Where, pursuant to a requirement under this section—

(a)a bird or other animal is to be examined, or

(b)a sample is to be taken from a bird or other animal,

a person who has the bird or animal in his possession or control must give the person making the examination or taking the sample such assistance as he may reasonably require for that purpose.

(5)Specimen” and “sample” have the same meaning as in section 18C.

(6)This section is subject to section 18F.

Textual Amendments

Valid from 31/05/2006

18FRestrictions on taking of samples from live specimensE+W

(1)No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird or other animal except by a veterinary surgeon.

(2)No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird, other animal or plant unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.]

Textual Amendments

Modifications etc. (not altering text)

19 Enforcement.E+W

(1)If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—

(a)stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b)search or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing;

(c)F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.

(2)If a constable suspects with reasonable cause that any person is committing an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) [F57or arresting a person, in accordance with section 25 of Police and Criminal Evidence Act 1984, for such an offence], enter any land other than a dwelling-house.

(3)If a justice of the peace is satisfied by information on oath that there are reasonable grounds for [F58suspecting that an offence under this Part has been committed] and that evidence of the offence may be found on any premises, he may grant a warrant to any constable (with or without other persons) to enter upon and search those premises for the purpose of obtaining that evidence.

In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.

Extent Information

E5This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F58Words in s. 19(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 7

19 Enforcement.S

(1)If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—

(a)stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b)search or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing;

(c)arrest that person F335. . . ;

(d)seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.

(2)If a constable suspects with reasonable cause that any person is committing an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1), enter any land other than a dwelling-house.

(3)If a justice of the peace is satisfied by information on oath that there are reasonable grounds for suspecting that [F336an offence under this Part] has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable (with or without other persons) to enter upon and search those premises for the purpose of obtaining that evidence.

In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.

Extent Information

E20This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F335Words in s. 19(1)(c) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 4(a)

F336S. 19(3): paras. (a)(b) substituted (S.) (26.3.2003) for words by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 4(b)

Valid from 31/05/2006

[F5919XAConstables' powers in connection with samplesE+W

(1)A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by this section is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample.

(2)A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (the relevant specimen) may require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—

(a)is alleged to be, or

(b)the constable suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(3)Where a sample from a live bird or other animal is to be taken pursuant to a requirement under this section, any person who has possession or control of the specimen must give the person taking the sample such assistance as he may reasonably require for that purpose.

(4)Specimen” and “sample” have the same meaning as in section 18C.

(5)This section is subject to section 18F (restrictions on taking samples).]

Textual Amendments

Valid from 31/05/2006

[F5919XBOffences in connection with enforcement powersE+W

(1)A person is guilty of an offence if he—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), or

(b)fails without reasonable excuse to give any assistance reasonably required under section 18C(6).

(2)A person is guilty of an offence if he—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), or

(b)fails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), or

(c)fails without reasonable excuse to give any assistance reasonably required under section 18E(4).

(3)A person is guilty of an offence if he—

(a)fails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), or

(b)fails without reasonable excuse to give any assistance reasonably required under section 19XA(3).

(4)Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence.]

Textual Amendments

[F6019ZA Enforcement: wildlife inspectors.E+W

(1)In this Part, “wildlife inspector” means a person authorised in writing by the Secretary of State under this subsection.

(2)An authorisation under subsection (1) is subject to any conditions or limitations specified in it.

(3)A wildlife inspector may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised—

(a)enter and inspect any premises for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;

(b)enter and inspect any premises where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

(c)enter any premises for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises;

(d)enter and inspect any premises for the purpose of verifying any statement or representation which has been made by an occupier, or any document or information which has been furnished by him, and which he made or furnished—

(i)for the purposes of obtaining (whether for himself or another) a relevant registration or licence, or

(ii)in connection with a relevant registration or licence held by him.

(4)In subsection (3)—

(a)paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—

(i)a relevant registration or licence held by an occupier of the dwelling, or

(ii)an application by an occupier of the dwelling for a relevant registration or licence; and

(b)paragraph (c) does not confer any power to enter a dwelling.

(5)A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2) or 14 is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector.

(6)Any person who has in his possession or control any live bird or other animal shall give any wildlife inspector acting in the exercise of powers conferred by this section such assistance as the inspector may reasonably require for the purpose of examining the bird or other animal.

(7)Any person who—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5), or

(b)fails without reasonable excuse to give any assistance reasonably required under subsection (6),

shall be guilty of an offence.

(8)Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence.

(9)In this section—

  • relevant registration or licence” means—

    (a)

    a registration in accordance with regulations under section 7(1), or

    (b)

    a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 9(5), 13(2) or 14; and

  • specimen” means any bird, other animal or plant or any part of, or anything derived from, a bird, other animal or plant.]

Textual Amendments

F60Ss. 19ZA, 19ZB inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 8

[F6119ZB Power to take samples.E+W

(1)A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample of blood or tissue in order to determine its identity or ancestry.

(2)A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (“the relevant specimen”) may require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(3)A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2) or 14 is being or has been committed, require the taking of a sample of blood or tissue from a specimen found by him in the exercise of powers conferred by section 19ZA(3)(a) to (c) in order to determine its identity or ancestry.

(4)A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2) or 14 is being or has been committed in respect of any specimen (“the relevant specimen”), require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the wildlife inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(5)No sample from a live bird, other animal or plant shall be taken pursuant to a requirement under this section unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

(6)No sample from a live bird or other animal shall be taken pursuant to such a requirement except by a veterinary surgeon.

(7)Where a sample from a live bird or other animal is to be taken pursuant to such a requirement, any person who has possession or control of the specimen shall give the person taking the sample such assistance as he may reasonably require for that purpose.

(8)A constable entering premises under section 19(2), and any wildlife inspector entering premises under section 19ZA(3), may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be required for the exercise on the premises of powers under subsections (1) to (4).

(9)Any person who—

(a)intentionally obstructs a wildlife inspector acting in the exercise of the power conferred by subsection (3),

(b)fails without reasonable excuse to make available any specimen in accordance with a requirement under subsection (2) or (4), or

(c)fails without reasonable excuse to give any assistance reasonably required under subsection (7),

shall be guilty of an offence.

(10)In this section—

(a)specimen” has the same meaning as in section 19ZA, and

(b)in relation to a specimen which is a part of, or is derived from, a bird, other animal or plant, references to determining its identity or ancestry are to determining the identity or ancestry of the bird, other animal or plant.]

Textual Amendments

F61Ss. 19ZA, 19ZB inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 8

Valid from 01/10/2004

[F6219ZCWildlife inspectors: ScotlandS

(1)The Scottish Ministers may authorise any person to carry out the functions conferred by this section and section 19ZD(3), (4) and (8) (and any person so authorised is to be known as a “wildlife inspector”).

(2)An authorisation under subsection (1)—

(a)shall be in writing, and

(b)is subject to any conditions or limitations specified in it.

(3)A wildlife inspector may, at any reasonable time and (if required to do so) upon producing evidence of authorisation, enter and inspect—

(a)any premises for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;

(b)any premises where the inspector has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

(c)any premises where the inspector has reasonable cause to believe that any birds are kept, for the purpose of ascertaining whether an offence under section 8(1) is being, or has been, committed on those premises;

(d)any premises for the purpose of ascertaining whether an offence under section 14 or 14A is being, or has been, committed on those premises;

(e)any premises for the purpose of verifying any statement or representation which has been made by an occupier, or any document or information which has been furnished by the occupier, and which the occupier made or furnished—

(i)for the purposes of obtaining (whether for the occupier or another person) a relevant registration or licence; or

(ii)in connection with a relevant registration or licence held by the occupier.

(4)In subsection (3)—

(a)paragraphs (a) to (c) do not confer power to enter a dwelling except for purposes connected with—

(i)a relevant registration or licence held by an occupier of the dwelling; or

(ii)an application by an occupier of the dwelling for a relevant registration or licence,

(b)paragraph (d) does not confer power to enter a dwelling.

(5)A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 8(1), 9(5), 13(2), 14 or 14A is being, or has been, committed in respect of any specimen, require any person who has possession or control of the specimen to make it available for examination by the inspector.

(6)Any person who has possession or control of any live bird or other animal shall give any wildlife inspector acting in the exercise of powers conferred by this section such assistance as the inspector may reasonably require for the purpose of examining the bird or other animal.

(7)Any person who—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5); or

(b)fails without reasonable excuse to give any assistance reasonably required under subsection (6),

shall be guilty of an offence.

(8)Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence.

(9)In this section—

  • relevant registration or licence” means—

    (a)

    a registration in accordance with regulations under section 7(1); or

    (b)

    a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), 13(2), 14 or 14A;

  • specimen” means any bird, other animal or plant or any part of, or anything derived from, a bird, other animal or plant.

Textual Amendments

Modifications etc. (not altering text)

Valid from 01/10/2004

19ZDPower to take samples: ScotlandS

(1)A constable who suspects with reasonable cause that a specimen found by the constable in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample of blood or tissue in order to determine its origin, identity or ancestry.

(2)A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (“the relevant specimen”) may require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.

(3)A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2), 14 or 14A is being or has been committed, require the taking of a sample of blood or tissue from a specimen found by the inspector in the exercise of powers conferred by section 19ZC(3)(a) to (d) in order to determine its origin, identity or ancestry.

(4)A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2), 14 or 14A is being or has been committed in respect of any specimen (“the relevant specimen”), require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.

(5)No sample from a live bird, other animal or plant shall be taken pursuant to a requirement under this section unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

(6)No sample from a live bird or other animal shall be taken pursuant to such a requirement except by a veterinary surgeon.

(7)Where a sample from a live bird or other animal is to be taken pursuant to such a requirement, any person who has possession or control of the specimen shall give the person taking the sample such assistance as that person may reasonably require for that purpose.

(8)A constable entering premises under section 19(2), and any wildlife inspector entering premises under section 19ZC(3), may take with him a veterinary surgeon if the constable or, as the case may be, inspector has reasonable grounds for believing that such a person will be required for the exercise on the premises of powers under subsection (1) or (2) or, as the case may be, (3) or (4).

(9)Any person who—

(a)intentionally obstructs a wildlife inspector acting in the exercise of the power conferred by subsection (3),

(b)fails without reasonable excuse to make available any specimen in accordance with a requirement under subsection (2) or (4), or

(c)fails without reasonable excuse to give any assistance reasonably required under subsection (7),

shall be guilty of an offence.

(10)In this section—

(a)specimen” has the same meaning as in section 19ZC;

(b)in relation to a specimen which is a part of, or is derived from, a bird, other animal or plant, references to determining its origin, identity or ancestry are to determining the origin, identity or ancestry of the bird, other animal or plant.]

Textual Amendments

Modifications etc. (not altering text)

[F6319A Evidence in Scotland as to taking or destruction of eggs.S

In any proceedings in Scotland for an offence under section 1(1)(c) of, or by virtue of section 3(1)(a)(iii) of, this Act, the accused may be convicted on the evidence of one witness.]

Textual Amendments

F63S. 19A inserted (18.9.1993) (S.) by 1993 c. 9, s.36 (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(3), Sch.2.

20 Summary prosecutions.E+W

F64(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Summary proceedings for [F65an offence under this Part] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than two years after the commission of the offence.

(3)For the purpose of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Extent Information

E6This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F64S. 20(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 9(1)(a), Sch. 16 Pt. IV (with Sch. 12 para. 9(2))

F65Words in s. 20(2) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 9(1)(b)(2)

20 Summary prosecutions.S

(1)F337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Summary proceedings for an offence [F338under this Part] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than two years after the commission of the offence.

(3)For the purpose of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Extent Information

E21This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F338Words in s. 20(2) substituted (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 5(b)

21 Penalties, forfeitures etc.E+W

[F66(1)Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.]

(4)A person guilty of an offence under section 14 shall be liable—

(a)on summary conviction, [F67to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both];

(b)on conviction on indictment, [F67to imprisonment for a term not exceeding two years or to a fine, or to both].

[F68(4A)Except in a case falling within subsection (4B), a person guilty of an offence under section 19ZA(7) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4B)A person guilty of an offence under subsection (7) of section 19ZA in relation to a wildlife inspector acting in the exercise of the power conferred by subsection (3)(c) of that section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(4C)A person guilty of an offence under section 19ZA(8) shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4D)A person guilty of an offence under section 19ZB(9) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

(5)Where an offence to which subsection (1) F69. . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.

(6)The court by which any person is convicted of an offence under this Part—

(a)shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and

(b)may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14, any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.

(7)Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

Extent Information

E7This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F66S. 21(1) substituted for s. 21(1)-(3) (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(2)(6)

F67Words in s. 21(4)(a)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 9 para. 10(3)(a)(b)(6)

F68S. 21(4A)-(4D) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(4)(6)

F69Words in s. 21(5) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 9 para. 10(5)(6), Sch. 16 Pt. IV

21 Penalties, forfeitures etc.S

[F339(1)Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.]

(2)F340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person guilty of an offence under section 14 shall be liable—

[F341(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.]

(5)Where an offence to which subsection (1), F342. . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.

(6)The court by which any person is convicted of an offence under this Part—

(a)shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and

(b)may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14, any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.

(7)Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

Extent Information

E22This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F341S. 21(4)(a)(b) substituted (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(c)

F342Words in s. 21(5) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(d)

22 Power to vary Schedules.E+W+S

(1)The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of Schedules 1 to 4.

(2)An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.

(3)The Secretary of State may, on a representation made [F70jointly to him by the Nature Conservancy Councils], by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—

(a)add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and

(b)remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered

[F71and the functions of the Nature Conservancy Councils under this subsection shall be special functions of the Councils for the purposes of section 133 of the Environmental Protection Act 1990].

(4)The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or with respect to particular provisions of this Part or particular times of the year—

(a)add any animals to, or remove any animals from, Schedule 5 or Schedule 6; and

(b)add any plants to, or remove any plants from, Schedule 8.

(5)The Secretary of State may by order, either generally or with respect to particular areas of Great Britain—

(a)add any animals to, or remove any animals from, Part I of Schedule 9; and

(b)add any plants to, or remove any plants from, Part II of that Schedule.

23 Advisory bodies and their functions.E+W+S

(1)The Secretary of State may—

(a)establish any body or bodies, consisting in each case of such members as he may from time to time appoint;

(b)assign to any body or bodies the duty referred to in subsection (4).

(2)Without prejudice to his power under subsection (1), the Secretary of State shall, as soon as practicable after the commencement date,—

(a)establish at least one body under paragraph (a) of subsection (1); or

(b)assign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4).

(3)A reference in this Part to an advisory body is a reference to a body which is established under subsection (1) or to which the duty there referred to is assigned under that subsection.

(4)It shall be the duty of an advisory body to advise the Secretary of State on any question which he may refer to it or on which it considers it should offer its advice—

(a)in connection with the administration of this Part; or

(b)otherwise in connection with the protection of birds or other animals or plants.

(5)In so far as it does not have power to do so apart from this subsection, an advisory body may publish reports relating to the performance by it of its duty under subsection (4).

(6)Before appointing a person to be a member of an advisory body established under subsection (1)(a), the Secretary of State shall consult such persons or bodies as he thinks fit.

(7)The Secretary of State may, out of moneys provided by Parliament and to such an extent as may be approved by the Treasury, defray or contribute towards the expenses of an advisory body established under subsection (1)(a).

24 Functions of Nature Conservancy Council.E+W

(1)The Nature Conservancy [F72Councils, acting jointly] may at any time and shall five years after [F7330th October 1991] and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—

(a)any animal should be added to, or removed from, Schedule 5;

(b)any plant should be added to, or removed from, Schedule 8

[F74and the functions of the Nature Conservancy Councils under this subsection shall be special functions of the Councils for the purposes of section 133 of the Environmental Protection Act 1990].

(2)Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led [F75to that advice being given.]

[F76(3)The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.]

(4)The functions of the [F77Nature Conservancy Councils] shall include power to advise or assist—

(a)any constable;

(b)any proper officer of a local authority; or

[F78(c)any wildlife inspector,]

in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.

Extent Information

E8This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F75Words in s. 24(2) substituted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(b); 1991/685, art.3.

F78S. 24(4)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 11

24 Functions of Nature Conservancy Council.S

(1)The Nature Conservancy [F343Councils, acting jointly] may at any time and shall five years after [F34430th October 1991] and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—

(a)any animal should be added to, or removed from, Schedule 5;

(b)any plant should be added to, or removed from, Schedule 8

[F345and the functions of the Nature Conservancy Councils under this subsection shall be special functions of the Councils for the purposes of section 133 of the Environmental Protection Act 1990].

(2)Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led [F346to that advice being given.]

[F347(3)The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.]

(4)The functions of the [F348Nature Conservancy Councils] shall include power to advise or assist—

(a)any constable;

(b)any proper officer of a local authority; or

(c)any person duly authorised by the Secretary of State under section 6(9), 7(6) or 14(5),

in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.

Extent Information

E23This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F346Words in s. 24(2) substituted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(b); 1991/685, art.3.

25 Functions of local authorities.E+W+S

(1)Every local authority shall take such steps as they consider expedient for bringing to the attention of the public and of schoolchildren in particular the effect of—

(a)the provisions of this Part; and

(b)any order made under this Part affecting the whole or any part of their area.

(2)A local authority in England and Wales may institute proceedings for any offence under this Part or any order made under it which is committed within their area.

26 Regulations, orders, notices etc.E+W+S

(1)Any power to make regulations or orders under this Part shall be exercisable by statutory instrument.

(2)A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than sections 2(6), 3, 5 and 11, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)No order under section 5 or 11 shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(4)Before making any order under this Part, the Secretary of State—

(a)except in the case of an order under section 2(6), shall give to any local authority affected and, except in the case of an order under section 3, any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order;

(b)except in the case of an order under section 22(3), shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and

(c)may, if he thinks fit, cause a public inquiry to be held.

(5)Notice of the making of an order under this Part shall be published by the Secretary of State—

(a)if the order relates in whole or in part to England and Wales, in the London Gazette; and

(b)if the order relates in whole or in part to Scotland, in the Edinburgh Gazette.

(6)The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area.

Valid from 01/10/2004

[F7926AEnforcement of wildlife legislationS

Regulations under section 2(2) of the European Communities Act 1972 (c. 68) for the purpose of implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/EC may, despite paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.]

Textual Amendments

27 Interpretation of Part I.E+W+S

(1)In this Part, unless the context otherwise requires—

  • advertisement” includes a catalogue, a circular and a price list;

  • advisory body” has the meaning given by section 23;

  • agriculture Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State;

  • authorised person” means—

    (a)

    the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;

    (b)

    any person authorised in writing by the local authority for the area within which the action authorised is taken;

    (c)

    as respects anything done in relation to wild birds, any person authorised in writing by any of the following bodies, that is to say, [F80any of the Nature Conservancy Councils], F81. . . a district board for a fishery district within the meaning of the M13Salmon Fisheries (Scotland) Act 1862 or a local fisheries committee constituted under the M14Sea Fisheries Regulation Act 1966;

    (d)

    [F82any person authorised in writing by the National Rivers Authority, a water undertaker or a sewerage undertaker;]

  • so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land;

  • automatic weapon” and “semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;

  • aviculture” means the breeding and rearing of birds in captivity;

  • destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” shall be construed accordingly;

  • domestic duck” means any domestic form of duck;

  • domestic goose” means any domestic form of goose;

  • firearm” has the same meaning as in the M15Firearms Act 1968;

  • game bird” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;

  • [F83inland waters” means—

    (a)

    inland waters within the meaning of the Water Resources Act 1991; M16

    (b)

    any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;

    (c)

    controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M17 other than ground waters as defined in section 30A(1)(d) of that Act.]

  • livestock” includes any animal which is kept—

    (a)

    for the provision of food, wool, skins or fur;

    (b)

    for the purpose of its use in the carrying on of any agricultural activity; or

    (c)

    for the provision or improvement of shooting or fishing;

  • local authority” means—

    (a)

    in relation to England F84. . ., a county, district or London borough council F85. . .;

    (aa)

    [F86in relation to Wales, a county council or county borough council;]

    (b)

    in relation to Scotland, a [F87council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

  • occupier”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish;

  • pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;

  • poultry” means domestic fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;

  • sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;

  • uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

  • vehicle” includes aircraft, hovercraft and boat;

  • [F88water authority”, in relation to Scotland, has the same meaning as in the M18Water (Scotland) Act 1980;]

  • wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;

  • wild bird” means any bird of a kind which is ordinarily resident in or is a visitor to Great Britain in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;

  • wild plant” means any plant which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.

  • [F89wildlife inspector” has the meaning given by section 19ZA(1).]

(2)A bird shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully in captivity when the egg was laid.

(3)Any reference in this Part to an animal of any kind includes, unless the context otherwise requires, a reference to an egg, larva, pupa, or other immature stage of an animal of that kind.

[F90(3A)Any reference in this Part to the Nature Conservancy Councils is a reference to [F91English Nature], [F92Scottish Natural Heritage] and the Countryside Council for Wales.]

(4)This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council.

(5)This Part extends to the territorial waters adjacent to Great Britain, and for the purposes of this Part any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part.

Textual Amendments

F80Words in s. 27(1) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a),Sch. 9 para. 11(7)(a); S.I. 1991/685, art. 3.

F82S. 27(1): para. (d) in definition of "authorised person" inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 60(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 66(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F83Definition in s. 27(1) inserted (30.11.1995) by S.I. 1995/2825, reg. 4

F86S. 27(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F87Words in s. 27(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(2); S.I. 1996/323, art. 4(1)(b)(c)

F88S. 27(1): definition of "water authority" repealed (S.) (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 11(2); S.S.I. 2002/118, art. 2(3)

F89S. 27(1): definition of "wildlife inspector" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 12

F91Words in s. 27(3A) substituted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 1(h)(i)

Marginal Citations

Valid from 14/07/2004

[F9327ZAApplication of Part 1 to England and WalesE+W

(1)The amendments made to this Part of the Act by the 2004 Regulations have effect in relation to England only, and accordingly, in the application of this Act in relation to Wales, this Part continues to have effect without the amendments made by the 2004 Regulations.

This subsection is subject to any regulations which may be made under section 2(2) of the European Communities Act 1972 by the National Assembly for Wales.

(2)In this section “the 2004 Regulations” means the Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2004.]

Textual Amendments

F93S. 27ZA inserted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 5}

Part II E+W+S Nature Conservation, Countryside and National Parks

F94 Nature conservationE+W+S

[F9527A Construction of references to Nature Conservancy Council.E+W+S

In this Part references to “the Nature Conservancy Council” are, unless the contrary intention appears, references—

(a)in relation to land in, or land covered by waters adjacent to, England, to [F96English Nature]];

(b)in relation to land in, or land covered by waters adjacent to, Scotland, to [F97Scottish Natural Heritage]; and

(c)in relation to land in, or land covered by waters adjacent to, Wales, to the Countryside Council for Wales;

and references to “the Council” shall be construed accordingly.

Valid from 01/10/2006

[F9827AAApplication of sections 28 to 34 in WalesE+W+S

In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to the Countryside Council for Wales.]

Textual Amendments

[F9928 Sites of special scientific interest.E+W

(1)Where the Nature Conservancy Council are of the opinion that any area of land is of special interest by reason of any of its flora, fauna, or geological or physiographical features, it shall be the duty of the Council to notify that fact—

(a)to the local planning authority in whose area the land is situated;

(b)to every owner and occupier of any of that land; and

(c)to the Secretary of State.

(2)The Council shall also publish a notification of that fact in at least one local newspaper circulating in the area in which the land is situated.

(3)A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to it may be made; and the Council shall consider any representation or objection duly made.

(4)A notification under subsection (1)(b) shall also specify—

(a)the flora, fauna, or geological or physiographical features by reason of which the land is of special interest, and

(b)any operations appearing to the Council to be likely to damage that flora or fauna or those features,

and shall contain a statement of the Council’s views about the management of the land (including any views the Council may have about the conservation and enhancement of that flora or fauna or those features).

(5)Where a notification under subsection (1) has been given, the Council may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

(a)give notice to the persons mentioned in subsection (1) withdrawing the notification; or

(b)give notice to those persons confirming the notification (with or without modifications).

(6)A notification shall cease to have effect—

(a)on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (1); or

(b)if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to there, at the end of that period.

(7)The Council’s power under subsection (5)(b) to confirm a notification under subsection (1) with modifications shall not be exercised so as to add to the operations specified in the notification or extend the area to which it applies.

(8)As from the time when there is served on the owner or occupier of any land which has been notified under subsection (1)(b) a notice under subsection (5)(b) confirming the notification with modifications, the notification shall have effect in its modified form in relation to so much (if any) of that land as remains subject to it.

(9)A notification under subsection (1)(b) of land in England and Wales shall be a local land charge.

(10)For the purposes of this section and sections 28A to 28D, “local planning authority”, in relation to land within the Broads, includes the Broads Authority.]

Extent Information

E9This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F99Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

28 Areas of special scientific interest.S

(1)Where the Nature Conservancy Council are of the opinion that any area of land is of special interest by reason of any of its flora, fauna, or geological or physiographical features, it shall be the duty of the Council to notify that fact—

(a)to the local planning authority in whose area the land is situated;

[F349(aa)where the land is situated in a National Park in Scotland, the National Park authority for the National Park;]

(b)to every owner and occupier of any of that land; and

(c)to the Secretary of State.

[F350(2)A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect thereto may be made; and the Council shall consider any representation or objection duly made.]

(3)

F351(4)A notification under subsection (1)(b) shall specify—

(a)the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; and

(b)any operations appearing to the Council to be likely to damage that flora or fauna or those features.

[F352(4A)Where a notification under subsection (1) has been given, the Council may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

(a)give notice to the persons mentioned in subsection (1) withdrawing the notification; or

(b)give notice to those persons confirming the notification (with or without modifications);

and the notification shall cease to have effect—

(i)on the giving of notice of its withdrawal under paragraph (a) of this subsection to any of the persons mentioned in subsection (1), or

(ii)if not withdrawn or confirmed by notice under paragraph (a) or (b) of this subsection within the said period of nine months, at the end of that period.

(4B)The Council’s power under subsection (4A)(b) to confirm a notification under subsection (1) with modifications shall not be exercised so as to add to the operations specified in the notification or extend the area to which it applies.

(4C)As from the time when there is served on the owner or occupier of any land which has been notified under subsection (1)(b) a notice under subsection (4A) confirming the notification with modifications, the notification shall have effect in its modified form in relation to so much (if any) of that land as remains subject to it.]

(5)The owner or occupier of any land which has been notified under subsection (1)(b) shall not [F353while the notification remains in force] carry out, or cause or permit to be carried out, on that land any operation specified in the notification unless—

(a)one of them has, [F354after service on him of the notification], given the Council written notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and

(b)one of the conditions specified in subsection (6) is fulfilled.

(6)The said conditions are—

(a)that the operation is carried out with the Council’s written consent;

(b)that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act; and

(c)that [F355four months] have expired from the giving of the notice under subsection (5).

[F356(6A)If before the expiry of the four months referred to in subsection (6)(c) the relevant person agrees with the Council in writing that, subject to subsection (6B), the condition specified in paragraph (c) of subsection (6) shall not apply in relation to the operation mentioned in subsection (5)(a), then, subject to subsection (6B), subsection (5) shall as from the date of the agreement have effect in relation to the operation in question (as regards both the owner and the occupier of land) as if paragraph (c) of subsection (6) were omitted.

(6B)If after an agreement has been made with the Council under subsection (6A) the relevant person (whether a party to the agreement or not) gives the Council written notice that he wishes to terminate the agreement, then as from the giving of the notice subsection (5) shall have effect in relation to the operation in question (as regards both the owner and the occupier of the land) as if paragraph (c) of subsection (6) specified the condition that one month or, if the notice under this subsection specified a longer period, that longer period has expired from the giving of the notice under this subsection.

(6C)In subsection (6A) and (6B) “the relevant person”—

(a)in a case where the notice under subsection (5) was given by the owner of the land in question, means the owner of that land;

(b)in a case where that notice was given by the occupier of that land, means the occupier of that land.]

(7)A person who, without reasonable excuse, contravenes subsection (5) shall be liable on summary conviction to a fine not exceeding [F357level 4 on the standard scale].

(8)It is a reasonable excuse in any event for a person to carry out an operation if—

(a)the operation was authorised by a planning permission granted on an application under F358. . . [F359Part III of the Town and Country Planning (Scotland) Act 1997]; or

(b)the operation was an emergency operation particulars of which (including details of the emergency) were notified to the Council as soon as practicable after the commencement of the operation.

(9)The Council shall have power to enforce the provisions of this section; but nothing in this subsection shall be construed as authorising the Council to institute proceedings in Scotland for an offence.

F360(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F360(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F361(12)The Council shall compile and maintain a register of notifications in respect of each local planning authority in Scotland.

(12A)There shall be included in any such register as is mentioned in subsection (12)—

(a)copies of all notifications given under subsection (1) which relate wholly or partly to land situated within the district of the authority;

(b)copies of all plans referred to in any such notification; and

(c)copies of all notices served under subsection (4A) which relate to any such notification.

(12B)Each local planning authority in Scotland shall keep a copy of the register relating to their district available at their principal office for free public inspection, and may similarly keep, at such of their other offices as they think fit, a copy of such part of the register as appears to them to relate to the area in which the office is situated.]

(13)Section 23 of the 1949 Act (which is superseded by this section) shall cease to have effect; but any notification given under that section shall have effect as if given under subsection (1)(a).

[F362(13A)For the purposes of this section “local planning authority”, in relation to land within the Broads, includes the Broads Authority.]

(14)F363

Extent Information

E24This version of this provision extends to Scotland only; a separate version has been created for England and Wales

Textual Amendments

F359Words in s. 28(8)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 34(1)

Modifications etc. (not altering text)

C40S. 28(12)-(12B) applied (with modifications) (30.10.1994) by S.I. 1994/2716, reg. 18(4)(b)

[F10028A Variation of notification under section 28.E+W

(1)At any time after notice has been given under section 28(5)(b) confirming a notification (with or without modifications), the Nature Conservancy Council may by notice vary the matters specified or stated in the confirmed notification (whether by adding to them, changing them, or removing matter from them).

(2)The area of land cannot be varied under this section.

(3)The Council shall give notice setting out the variation to—

(a)the local planning authority in whose area the land is situated,

(b)every owner and occupier of any of the land who in the opinion of the Council may be affected by the variation, and

(c)the Secretary of State,

and after service of a notice under paragraph (b) the notification under section 28(1)(b) shall have effect in its varied form.

(4)Section 28(3) shall apply to such a notice as it applies to a notification under section 28(1).

(5)Where a notice under subsection (3) has been given, the Council may within the period of nine months beginning with the date the last of the owners and occupiers referred to in subsection (3)(b) was served with the notice either—

(a)give notice to the persons mentioned in subsection (3) withdrawing the notice; or

(b)give notice to them confirming the notice (with or without modifications).

(6)A notice under subsection (3) shall cease to have effect—

(a)on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (3); or

(b)if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to in that subsection, at the end of that period.

(7)As from the time when there is served on the owner or occupier of any land a notice under subsection (5)(b) confirming a notice of variation with modifications, the notification under section 28(1)(b) shall have effect as so varied.

(8)A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notice under subsection (3) or (5)(b).]

Textual Amendments

F100Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

[F10128B Notification of additional land.E+W

(1)Where the Nature Conservancy Council are of the opinion that if land adjacent to a site of special scientific interest (“the extra land”) were combined with the site of special scientific interest (“the SSSI”), the combined area of land would be of special interest by reason of any of its flora, fauna, or geological or physiographical features, the Council may decide to notify that fact.

(2)If they do so decide, the persons whom they must notify are—

(a)the local planning authority in whose area the extra land is situated;

(b)every owner and occupier of any of that extra land; and

(c)the Secretary of State.

(3)No such notification may be given until after notice has been given under section 28(5)(b) confirming (with or without modifications) the notification under section 28(1) relating to the SSSI.

(4)Subsections (2) and (3) of section 28 shall apply for the purposes of this section as they apply for the purposes of that section.

(5)A notification under subsection (2)(b) shall also specify—

(a)the area of land constituting the SSSI;

(b)what (as at the date of the notification under subsection (2)(b)) is specified or contained in the notification under section 28(1)(b) relating to the SSSI by virtue of section 28(4); and

(c)the reasons why the Council is of the opinion referred to in subsection (1).

(6)In addition, the notification under subsection (2)(b) shall include a statement—

(a)saying whether or not anything among the matters specified in the notification by virtue of subsection (5)(c) is particularly relevant to the extra land; and

(b)if any such thing is of particular relevance, specifying which.

(7)Subsections (5) to (7) of section 28 apply in relation to a notification under subsection (2) of this section as they apply in relation to a notification under subsection (1) of that section, as if references to “subsection (1)” in section 28(5) to (7) were references to subsection (2) of this section.

(8)As from the time when a notification under subsection (2)(b) is served on the owner or occupier of any land, the notification under section 28(1)(b) shall have effect as if it included the notification under subsection (2)(b).

(9)As from the time when there is served on the owner or occupier of any land which has been notified under subsection (2)(b) a notice under section 28(5)(b) (as applied by subsection (7) of this section) confirming the notification under subsection (2)(b) with modifications, the notification under section 28(1)(b) (as extended by virtue of subsection (8) of this section) shall have effect in its modified form.

(10)A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notification under subsection (2) or under section 28(5)(b) as applied by subsection (7) of this section.]

Textual Amendments

F101Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

[F10228C Enlargement of SSSI.E+W

(1)Where the Nature Conservancy Council are of the opinion that any area of land which includes, but also extends beyond, a site of special scientific interest (“the SSSI”) is of special interest by reason of any of its flora, fauna, or geological or physiographical features, the Council may decide to notify that fact.

(2)If they do so decide, the persons whom they must notify are—

(a)the local planning authority in whose area the land (including the SSSI) is situated;

(b)every owner and occupier of any of that land (including the SSSI); and

(c)the Secretary of State.

(3)Subsections (2) to (8) of section 28 apply to a notification under subsection (2) of this section as they apply to a notification under subsection (1) of that section, as if references to “subsection (1)” and “subsection (1)(b)” in section 28(2) to (8) were references to subsection (2) and subsection (2)(b) of this section respectively.

(4)No notification may be given under subsection (2) until after notice has been given under section 28(5)(b) (or section 28(5)(b) as applied by subsection (3)) confirming (with or without modifications) the notification under section 28(1) (or subsection (2)) relating to the SSSI.

(5)As from the time when a notification under subsection (2) is served on the owner or occupier of any land included in the SSSI, the notification in relation to that land which had effect immediately before the service of the notification under subsection (2) shall cease to have effect.

(6)A notification under subsection (2)(b) of land in England and Wales shall be a local land charge; and, to the extent that any such land was the subject of a local land charge by virtue of section 28(9), that local land charge shall be discharged.

(7)A notice under section 28E(1)(a) and a consent under section 28E(3)(a) given before a notification under subsection (2)(b) continue to have effect.

(8)The enlargement of a site of special scientific interest under this section does not affect anything done under section 28J to 28L.

(9)Any reference to—

(a)a notification under section 28(1) (or any of its paragraphs) shall be construed as including the corresponding notification under subsection (2);

(b)a notification under section 28(5)(b) shall be construed as including a notification under that provision as applied by subsection (3); and

(c)a local land charge existing by virtue of section 28(9) shall be treated as including one existing by virtue of subsection (6).]

Textual Amendments

F102Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

Valid from 12/01/2010

[F10328CAGuidance in relation to subtidal notifications of SSSIsE+W

(1)The ministerial authority may issue guidance to Natural England about the exercise of the power conferred by section 28(1B), 28B(2B) or 28C(2B) to give a notification under section 28(1), 28B(2) or 28C(2) (as the case may be) in relation to land lying below mean low water mark.

(2)In this section and section 28CB “the ministerial authority” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the Welsh Ministers.]

Textual Amendments

F103S. 28CA inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 7; S.I. 2014/3088, art. 2(b)

Valid from 12/11/2009

[F10428CBPower to call in subtidal notificationsE+W

(1)This section applies where a notification under section 28(1), 28B(2) or 28C(2) has been given in relation to land lying below mean low water mark (“the subtidal land”) by virtue of section 28(1B), 28B(2B) or 28C(2B) (as the case may be).

(2)Natural England may not give notice under section 28(5)(b) confirming the notification unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.

(For the meaning of “the ministerial authority”, see section 28CA.)

(3)At any time before the notification is confirmed the ministerial authority may give notice to Natural England that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.

(4)If the ministerial authority gives notice under subsection (3), Natural England may not give notice under section 28(5) until the ministerial authority has given a direction under subsection (5).

(5)The ministerial authority may direct—

(a)that the notification (if confirmed) must include all of the subtidal land;

(b)that the notification (if confirmed) must not include any of the subtidal land;

(c)that the notification (if confirmed) must, or must not, include such part of that land as is specified in the direction;

(d)that the decision whether the notification (if confirmed) should include the subtidal land is to be taken by Natural England.

(6)If the ministerial authority gives a direction under subsection (5), Natural England must give notice under section 28(5)(a) or (b), in accordance with that direction, within the period of three months beginning with the date on which the direction is received by them.

(7)The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—

(a)appearing before and being heard by a person appointed by the ministerial authority for that purpose;

(b)providing written representations to such a person.

(8)A person appointed under subsection (7) must make a report to the ministerial authority of any oral or written representations made under that subsection.

(9)The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (7).

(10)The power to make regulations under subsection (9) is exercisable by statutory instrument.

(11)A statutory instrument containing regulations made under subsection (9) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12)A statutory instrument containing regulations made under subsection (9) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Textual Amendments

F104S. 28CB inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d)(2)(b)(ii), Sch. 13 para. 8; S.I. 2014/3088, art. 2(b)

[F10528D Denotification.E+W

(1)Where the Nature Conservancy Council are of the opinion that all or part of a site of special scientific interest is no longer of special interest by reason of any of the matters mentioned in section 28(1), they may decide to notify that fact.

(2)If they do so decide, the persons whom they must notify are—

(a)the local planning authority in whose area the land which the Council no longer consider to be of special interest is situated;

(b)every owner and occupier of any of that land;

(c)the Secretary of State;

(d)the Environment Agency; and

(e)every relevant undertaker (within the meaning of section 4(1) of the M19Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the M20Land Drainage Act 1991) whose works, operations or activities may affect the land.

(3)The Council shall also publish a notification of that fact in at least one local newspaper circulating in the area in which the land referred to in subsection (2)(a) is situated.

(4)Section 28(3) shall apply to a notification under subsection (2) or (3) as it applies to a notification under section 28(1).

(5)Where a notification under subsection (2) has been given, the Council may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

(a)give notice to the persons mentioned in subsection (2) withdrawing the notification, or

(b)give notice to those persons confirming the notification, or confirming it in relation to an area of land specified in the notice which is smaller than that specified in the notification under subsection (2),

but if they do neither the notification shall cease to have effect.

(6)A notification under subsection (2) shall have effect in relation to any land as from the time a notice under subsection (5)(b) is served on its owner or occupier, and from that time a notification under section 28(1)(b) in relation to that land shall cease to have effect.

(7)A local land charge existing by virtue of section 28(9) shall be discharged in relation to land which is the subject of a notice under subsection (5)(b).]

Textual Amendments

F105Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

Marginal Citations

[F10628E Duties in relation to sites of special scientific interest.E+W

(1)The owner or occupier of any land included in a site of special scientific interest shall not while the notification under section 28(1)(b) remains in force carry out, or cause or permit to be carried out, on that land any operation specified in the notification unless—

(a)one of them has, after service of the notification, given the Nature Conservancy Council notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and

(b)one of the conditions specified in subsection (3) is fulfilled.

(2)Subsection (1) does not apply to an owner or occupier being an authority to which section 28G applies acting in the exercise of its functions.

(3)The conditions are—

(a)that the operation is carried out with the Council’s written consent;

(b)that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act;

(c)that the operation is carried out in accordance with a management scheme under section 28J or a management notice under section 28K.

(4)A consent under subsection (3)(a) may be given—

(a)subject to conditions, and

(b)for a limited period,

as specified in the consent.

(5)If the Council do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).

(6)The Council may, by notice given to every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates—

(a)withdraw the consent; or

(b)modify it (or further modify it) in any way.

(7)The following—

(a)a consent under subsection (3)(a) granting consent subject to conditions or for a limited period, and

(b)a notice under subsection (5) or (6),

must include a notice of the Council’s reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8).

(8)The matters referred to in subsection (7) are—

(a)the rights of appeal under section 28F;

(b)the effect of subsection (9); and

(c)in the case of a notice under subsection (6), the effect of section 28M.

(9)A withdrawal or modification of a consent is not to take effect until—

(a)the expiry of the period for appealing against it; or

(b)if an appeal is brought, its withdrawal or final determination.

(10)The Council shall have power to enforce the provisions of this section.]

Textual Amendments

F106Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

Modifications etc. (not altering text)

C11S. 28E(1) excluded (30.1.2001) by 1987 c. 53, s. 9(7)(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)

S. 28E(1) excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)

[F10728F Appeals in connection with consents.E+W

(1)The following persons—

(a)an owner or occupier who has been refused a consent under section 28E(3)(a),

(b)an owner or occupier who has been granted such a consent but who is aggrieved by conditions attached to it, or by the fact that it is for a limited period, or by the length of that period,

(c)an owner or occupier who is aggrieved by the modification of a consent;

(d)an owner or occupier who is aggrieved by the withdrawal of a consent,

may by notice appeal to the Secretary of State against the relevant decision.

(2)If the Nature Conservancy Council neither give consent nor refuse it within the period of four months beginning with the date on which the notice referred to in section 28E(1)(a) was sent, the person who gave that notice may for the purposes of subsection (1) treat the Council as having refused consent (and his appeal is to be determined on that basis).

(3)Notice of an appeal must reach the Secretary of State—

(a)except in a case falling within subsection (2), within the period of two months beginning with the date of the notice giving consent or the notice under section 28E(5) or (6), or

(b)in a case falling within subsection (2), within the period of two months beginning immediately after the expiry of the four-month period referred to there,

or, in either case, within such longer period as is agreed in writing between the Council and the appellant.

(4)Before determining an appeal, the Secretary of State may, if he thinks fit—

(a)cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or

(b)cause a local inquiry to be held,

and he must act as mentioned in paragraph (a) or (b) if either party to the appeal asks to be heard in connection with the appeal.

(5)On determining an appeal against a decision, the Secretary of State may—

(a)affirm the decision,

(b)where the decision was a refusal of consent, direct the Council to give consent,

(c)where the decision was as to the terms of a consent (whether the original or a modified one), quash all or any of those terms,

(d)where the decision was a withdrawal or modification of consent, quash the decision,

and where he exercises any of the powers in paragraphs (b), (c) or (d) he may give directions to the Council as to the terms on which they are to give consent.

(6)The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—

(a)notices of appeal and supporting documentation required, and

(b)how appeals are to be brought and considered,

and any such regulations may make different provision for different cases and circumstances.

(7)A statutory instrument containing regulations under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal.

(9)Schedule 10A shall have effect with respect to appointments under subsection (8).

(10)Subsections (2) to (5) of section 250 of the M21Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there—

(a)to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and

(b)to the Minister causing an inquiry to be held were to the Secretary of State.

(11)Section 322A of the M22Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section.]

Textual Amendments

F107Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

Marginal Citations

[F10828G Statutory undertakers, etc.: general duty.E+W

(1)An authority to which this section applies (referred to in this section and in sections 28H and 28I as “a section 28G authority”) shall have the duty set out in subsection (2) in exercising its functions so far as their exercise is likely to affect the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.

(2)The duty is to take reasonable steps, consistent with the proper exercise of the authority’s functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest.

(3)The following are section 28G authorities—

(a)a Minister of the Crown (within the meaning of the Ministers of the M23Crown Act 1975) or a Government department;

(b)the National Assembly for Wales;

(c)a local authority;

(d)a person holding an office—

(i)under the Crown,

(ii)created or continued in existence by a public general Act of Parliament, or

(iii)the remuneration in respect of which is paid out of money provided by Parliament;

(e)a statutory undertaker (meaning the persons referred to in section 262(1), (3) and (6) of the M24Town and Country Planning Act 1990); and

(f)any other public body of any description.]

Textual Amendments

F108Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

Modifications etc. (not altering text)

C12S. 28G(2) excluded (30.1.2001) by 1987 c. 53, s. 9(7)(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)

S. 28G(2) excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)

Marginal Citations

[F10928H Statutory undertakers, etc.: duty in relation to carrying out operations.E+W

(1)A section 28G authority shall give notice to the Nature Conservancy Council before carrying out, in the exercise of its functions, operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.

(2)Subsection (1) applies even if the operations would not take place on land included in a site of special scientific interest.

(3)In response to the notice referred to in subsection (1), the Council may send a notice—

(a)saying that they do not assent to the proposed operations, or

(b)assenting to them (with or without conditions),

but if they do not send a notice under paragraph (b) within the period of 28 days beginning with the date of the notice under subsection (1) they shall be treated as having declined to assent.

(4)If the Council do not assent, or if the authority proposes to carry out the operations otherwise than in accordance with the terms of the Council’s assent, the authority—

(a)shall not carry out the operations unless the condition set out in subsection (5) is satisfied, and

(b)shall comply with the requirements set out in subsection (6) when carrying them out.

(5)The condition is that the authority has, after the expiry of the period of 28 days beginning with the date of the notice under subsection (1), notified the Council of—

(a)the date on which it proposes to start the operations (which must be after the expiry of the period of 28 days beginning with the date of the notification under this paragraph), and

(b)how (if at all) it has taken account of any written advice it received from the Council, before the date of the notification under this paragraph, in response to the notice under subsection (1).

(6)The requirements are—

(a)that the authority carry out the operations in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological or physiographical features by reason of which the site is of special interest (taking account, in particular, of any such advice as is referred to in subsection (5)(b)); and

(b)that the authority restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur.]

Textual Amendments

F109Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

[F11028I Statutory undertakers, etc.: duty in relation to authorising operations.E+W

(1)This section applies where the permission of a section 28G authority is needed before operations may be carried out.

(2)Before permitting the carrying out of operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, a section 28G authority shall give notice of the proposed operations to the Nature Conservancy Council.

(3)Subsection (2) applies even if the operations would not take place on land included in a site of special scientific interest.

(4)The authority shall wait until the expiry of the period of 28 days beginning with the date of the notice under subsection (2) before deciding whether to give its permission, unless the Nature Conservancy Council have notified the authority that it need not wait until then.

(5)The authority shall take any advice received from the Council into account—

(a)in deciding whether or not to permit the proposed operations, and

(b)if it does decide to do so, in deciding what (if any) conditions are to be attached to the permission.

(6)If the Council advise against permitting the operations, or advise that certain conditions should be attached, but the section 28G authority does not follow that advice, the authority—

(a)shall give notice of the permission, and of its terms, to the Council, the notice to include a statement of how (if at all) the authority has taken account of the Council’s advice, and

(b)shall not grant a permission which would allow the operations to start before the end of the period of 21 days beginning with the date of that notice.

(7)In this section “permission”, in relation to any operations, includes authorisation, consent, and any other type of permission (and “permit” and “permitting” are to be construed accordingly).]

Textual Amendments

F110Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

Modifications etc. (not altering text)

C13S. 28I excluded (30.1.2001) by 1987 c. 53, s. 9(7) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)

S. 28I excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6 (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)

[F11128J Management schemes.E+W

(1)The Nature Conservancy Council may formulate a management scheme for all or part of a site of special scientific interest.

(2)A management scheme is a scheme for—

(a)conserving the flora, fauna, or geological or physiographical features by reason of which the land (or the part of it to which the scheme relates) is of special interest; or

(b)restoring them; or

(c)both.

(3)The Council shall serve notice of a proposed management scheme on every owner and occupier of any of the land (or the part of it to which the scheme would relate); but it may be served on them only after they have been consulted about the proposed management scheme.

(4)The notice may be served with the notification referred to in section 28(1)(b) or afterwards.

(5)The owners and occupiers upon whom the notice must be served (referred to in this section as “the relevant owners and occupiers”) are—

(a)if it is served with the notification under section 28(1)(b), or later but before the notification referred to in section 28(5)(b), the owners and occupiers referred to in section 28(1)(b);

(b)if it is served with the notification under section 28(5)(b) or later, the owners and occupiers of such of the land as remains subject to the notification.

(6)The notice of a proposed management scheme must include a copy of the proposed scheme.

(7)The notice must specify the time (not being less than three months from the date of the giving of the notice) within which, and the manner in which, representations or objections with respect to the proposed management scheme may be made; and the Council shall consider any representation or objection duly made.

(8)Where a notice under subsection (3) has been given, the Council may within the period of nine months beginning with the date on which the notice was served on the last of the relevant owners and occupiers either—

(a)give notice to the relevant owners and occupiers withdrawing the notice, or

(b)give notice to them confirming the management scheme (with or without modifications),

and if notice under paragraph (b) is given, the management scheme shall have effect from the time the notice is served on all of the relevant owners or occupiers.

(9)A notice under subsection (3) shall cease to have effect—

(a)on the giving of a notice of withdrawal under subsection (8)(a) to any of the relevant owners and occupiers; or

(b)if not withdrawn or confirmed by notice under subsection (8) within the period of nine months referred to there, at the end of that period.

(10)The Council’s power under subsection (8)(b) to confirm a management scheme with modifications shall not be exercised so as to make complying with it more onerous.

(11)The Council may at any time cancel or propose the modification of a management scheme.

(12)In relation to—

(a)the cancellation of a management scheme, subsections (3) to (5) apply, and

(b)a proposal to modify a management scheme, subsections (3) to (10) apply,

as they apply in relation to a proposal for a management scheme.

(13)An agreement under section 16 of the 1949 Act or section 15 of the 1968 Act relating to a site of special scientific interest may provide for any matter for which a management scheme relating to that site provides (or could provide).]

Textual Amendments

F111Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

[F11228K Management notices.E+W

(1)Where it appears to the Nature Conservancy Council that—

(a)an owner or occupier of land is not giving effect to a provision of a management scheme, and

(b)as a result any flora, fauna or geological or physiographical features by reason of which the land is of special interest are being inadequately conserved or restored,

they may if they think fit serve a notice on him (a “management notice”).

(2)They may not serve a management notice unless they are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land in accordance with the management scheme.

(3)A management notice is a notice requiring the owner or occupier to—

(a)carry out such work on the land, and

(b)do such other things with respect to it,

as are specified in the notice, and to do so before the dates or within the periods so specified.

(4)The work and other things specified in the notice must appear to the Council to be measures which it is reasonable to require in order to ensure that the land is managed in accordance with the management scheme.

(5)The management notice must explain the effect of subsection (7) and (8) and of sections 28L and 28M(2) to (4).

(6)A copy of the management notice must be served on every other owner and occupier of the land.

(7)If any of the work or other things required by a management notice have not been done within the period or by the date specified in it, the Council may—

(a)enter the land, and any other land, and carry out the work, or do the other things; and

(b)recover from the owner or occupier upon whom the notice was served any expenses reasonably incurred by them in carrying out the work or doing the other things.

(8)If an appeal is brought against the management notice, and upon the final determination of the appeal the notice is affirmed (with or without modifications), subsection (7) applies as if the references there to the management notice were to the notice as affirmed.]

Textual Amendments

F112Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

[F11328L Appeals against management notices.E+W

(1)A person who is served with a management notice may appeal against its requirements to the Secretary of State; and a management notice does not take effect until—

(a)the expiry of the period for appealing against it; or

(b)if an appeal is brought, its withdrawal or final determination.

(2)An appeal may be on the ground that some other owner or occupier of the land should take all or any of the measures specified in the management notice, or should pay all or part of their cost.

(3)Where the grounds of appeal are, or include, that mentioned in subsection (2), the appellant must serve a copy of his notice of appeal on each other person referred to.

(4)Before determining an appeal, the Secretary of State may, if he thinks fit—

(a)cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or

(b)cause a local inquiry to be held,

and he must act as mentioned in paragraph (a) or (b) if either party to the appeal (or, in a case falling within subsection (2), any of the other persons mentioned there) asks to be heard in connection with the appeal.

(5)On determining the appeal, the Secretary of State may quash or affirm the management notice; and if he affirms it, he may do so either in its original form or with such modifications as he thinks fit.

(6)In particular, on determining an appeal whose grounds are, or include, those mentioned in subsection (2), the Secretary of State may—

(a)vary the management notice so as to impose its requirements (or some of them) upon any such other person as is referred to in the grounds; or

(b)determine that a payment is to be made by any such other person to the appellant.

(7)In exercising his powers under subsection (6), the Secretary of State must take into account, as between the appellant and any of the other people referred to in subsection (2)—

(a)their relative interests in the land (considering both the nature of the interests and the rights and obligations arising under or by virtue of them);

(b)their relative responsibility for the state of the land which gives rise to the requirements of the management notice; and

(c)the relative degree of benefit to be derived from carrying out the requirements of the management notice.

(8)The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—

(a)the period within which and the manner in which appeals are to be brought, and

(b)the manner in which they are to be considered,

and any such regulations may make different provision for different cases or circumstances.

(9)A statutory instrument containing regulations under subsection (8) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal.

(11)Schedule 10A shall have effect with respect to appointments under subsection (10).

(12)Subsections (2) to (5) of section 250 of the M25Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there—

(a)to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and

(b)to the Minister causing an inquiry to be held were to the Secretary of State.

(13)Section 322A of the M26Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section.]

Textual Amendments

F113Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

Marginal Citations

[F11428M Payments.E+W

(1)Where the Council, under section 28E(6), modify or withdraw a consent, they shall make a payment to any owner or occupier of the land who suffers loss because of the modification or withdrawal.

(2)The Council may, if they think fit, make one or more payments to any owner or occupier of land in relation to which a management scheme under section 28J is in force.

(3)The amount of a payment under this section is to be determined by the Council in accordance with guidance given and published by the Ministers.

(4)Section 50(3) applies to the determination of the amount of payments under this section as it applies to the determination of the amount of payments under that section.]

Textual Amendments

F114Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

[F11528N Compulsory purchase.E+W

(1)The Nature Conservancy Council may in circumstances set out in subsection (2) acquire compulsorily all or any part of a site of special scientific interest.

(2)The circumstances are—

(a)that the Council are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land; or

(b)that the Council have entered into such an agreement, but they are satisfied that it has been breached in such a way that the land is not being managed satisfactorily.

(3)A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) is to be determined by an arbitrator appointed by the Lord Chancellor.

(4)Where the Council have acquired land compulsorily under this section, they may—

(a)manage it themselves; or

(b)dispose of it, or of any interest in it, on terms designed to secure that the land is managed satisfactorily.

(5)Section 103 of the 1949 Act (general provisions as to acquisition of land) applies for the purposes of this section as it applies for the purposes of that Act.]

Textual Amendments

F115Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

[F11628P Offences.E+W

(1)A person who, without reasonable excuse, contravenes section 28E(1) is guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.

(2)A section 28G authority which, in the exercise of its functions, carries out an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest—

(a)without first complying with section 28H(1), or

(b)(if it has complied with section 28H(1)) without first complying with section 28H(4)(a),

is, unless there was a reasonable excuse for carrying out the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.

(3)A section 28G authority acting in the exercise of its functions which, having complied with section 28H(1), fails without reasonable excuse to comply with section 28H(4)(b) is guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.

(4)For the purposes of subsections (1), (2) and (3), it is a reasonable excuse in any event for a person to carry out an operation (or to fail to comply with a requirement to send a notice about it) if—

(a)subject to subsection (5), the operation in question was authorised by a planning permission granted on an application under Part III of the M27Town and Country Planning Act 1990 or permitted by a section 28G authority which has acted in accordance with section 28I; or

(b)the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to the Nature Conservancy Council as soon as practicable after the commencement of the operation.

(5)If an operation needs both a planning permission and the permission of a section 28G authority, subsection (4)(a) does not provide reasonable excuse unless both have been obtained.

(6)A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—

(a)intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which land is of special interest, or intentionally or recklessly disturbs any of those fauna, and

(b)knew that what he destroyed, damaged or disturbed was within a site of special scientific interest,

is guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.

(7)It is a reasonable excuse in any event for a person to do what is mentioned in subsection (6) if—

(a)paragraph (a) or (b) of subsection (4) is satisfied in relation to what was done (reading references there to an operation as references to the destruction, damage or disturbance referred to in subsection (6)), and

(b)where appropriate, subsection (5) is also satisfied, reading the reference there to an operation in the same way.

(8)A person who without reasonable excuse fails to comply with a requirement of a management notice is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.

(9)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

(10)Proceedings in England and Wales for an offence under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than the Council.

(11)In this section, “a section 28G authority” means an authority to which section 28G applies.]

Textual Amendments

F116Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

Marginal Citations

[F11728Q Change of owner or occupier.E+W

(1)This section applies where the owner of land included in a site of special scientific interest—

(a)disposes of any interest of his in the land; or

(b)becomes aware that it is occupied by an additional or a different occupier.

(2)If this section applies, the owner shall send a notice to the Nature Conservancy Council before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation.

(3)The notice is to specify the land concerned and—

(a)in a subsection (1)(a) case, the date on which the owner disposed of the interest in the land, and the name and address of the person to whom he disposed of the interest; or

(b)in a subsection (1)(b) case, the date on which the change of occupation took place (or, if the owner does not know the exact date, an indication of when to the best of the owner’s knowledge it took place), and, as far as the owner knows them, the name and address of the additional or different occupier.

(4)A person who fails without reasonable excuse to comply with the requirements of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5)For the purposes of subsection (1), an owner “disposes of” an interest in land if he disposes of it by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage.]

Textual Amendments

F117Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

[F11828R Byelaws.E+W

(1)The Nature Conservancy Council may make byelaws for the protection of a site of special scientific interest.

(2)The following provisions of the 1949 Act apply in relation to byelaws under this section as they apply in relation to byelaws under section 20 of that Act—

(a)subsections (2) and (3) of section 20 (reading references there to nature reserves as references to sites of special scientific interest); and

(b)sections 106 and 107.]

Textual Amendments

F118Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)

Valid from 01/10/2006

[F11928SNotices and signs relating to SSSIsE+W+S

(1)Natural England may, on any land included in a site of special scientific interest, put up and maintain notices or signs relating to the site.

(2)Natural England may remove any notice or sign put up under subsection (1).

(3)Any other person who intentionally or recklessly and without reasonable excuse takes down, damages, destroys or obscures a notice or sign put up under subsection (1) is guilty of an offence.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.]

[F12029 Special protection for certain areas of special scientific interest.E+W+S

(1)Where it appears to the Secretary of State expedient to do so—

(a)in the case of any land to which this paragraph applies, for the purpose of securing the survival in Great Britain of any kind of animal or plant or of complying with an international obligation; or

(b)in the case of any land to which this paragraph applies, for the purpose of conserving any of its flora, fauna, or geological or physiographical features,

he may, after consultation with the Nature Conservancy Council, by order apply subsection (3) to that land; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of orders under this section.

An order made under this section may be amended or revoked by a subsequent order so made.

(2)Paragraphs (a) and (b) of subsection (1) apply to any land which in the opinion of the Secretary of State is—

(a)of special interest; and

(b)in the case of paragraph (b) of that subsection, of national importance,

by reason of any of its flora, fauna, or geological or physiographical features.

(3)Subject to subsection (4), no person shall carry out on any land to which this subsection applies any operation which—

(a)appears to the Secretary of State to be likely to destroy or damage the flora, fauna, or geological or physiographical features by reason of which the land is land to which paragraph (a) or, as the case may be, paragraph (b) of subsection (1) applies; and

(b)is specified in the order applying this subsection to the land.

(4)Subsection (3) shall not apply in relation to any operation carried out, or caused or permitted to be carried out, by the owner or occupier of the land if—

(a)one of them has, after the [F121making of the order], given the Council [F122written] notice of a proposal to carry out the operation, specifying its nature and the land on which it is proposed to carry it out; and

(b)one of the conditions specified in subsection (5) is fulfilled.

(5)The said conditions are—

(a)that the operation is carried out with the Council’s written consent;

(b)that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act; and

(c)subject to subsections (6) and (7), that three months have expired from the giving of the notice under subsection (4).

(6)If before the expiration of the period mentioned in paragraph (c) of subsection (5) the Council offer to enter into an agreement for the acquisition of the interest of the person who gave the notice under subsection (4) or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act providing for the making by them of payments to that person, that paragraph shall have effect as if for the said period there were substituted—

(a)where the agreement is entered into before the expiration of twelve months from the giving of the notice, the period expiring on the day on which it is entered into;

(b)in any other case, twelve months from the giving of the notice or three months from rejection or withdrawal of the offer to enter into the agreement, whichever period last expires.

(7)If before the expiration of the period mentioned in paragraph (c) of subsection (5), or that paragraph as it has effect by virtue of subsection (6), an order is made for the compulsory acquisition by the Council of the interest of the person who gave the notice under subsection (4), that paragraph shall have effect as if for the said period there were substituted the period expiring—

(a)in the case of an order which is confirmed, on the day on which the Council enter on the land;

(b)in any other case, on the day on which the order is withdrawn or the Secretary of State decides not to confirm it.

(8)A person who, without reasonable excuse, contravenes subsection (3) shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(9)It is a reasonable excuse in any event for a person to carry out an operation if—

(a)the operation was authorised by a planning permission granted on an application under F123. . . [F124Part III of the Town and Country Planning (Scotland) Act 1997]; or

(b)the operation was an emergency operation particulars of which (including details of the emergency) were notified to the Council as soon as practicable after the commencement of the operation.

(10)An order made under this section in relation to land in Scotland shall be registered either—

(a)in a case where the land affected by the order is registered in that Register, in the Land Register of Scotland; or

(b)in any other case, in the appropriate Division of the General Register of Sasines.

(11)A report submitted by the Council to the Secretary of State under [F125paragraph 20 of Schedule 6 to the Environmental Protection Act 1990][F126or under section 10(2) of the Natural Heritage (Scotland) Act 1991]for any year shall set out particulars of any areas of land as respects which orders under this section have come into operation during that year.]

Textual Amendments

F124Words in s. 29(9)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 34(1)

Modifications etc. (not altering text)

C14S. 29(1)(2): Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[F12730 Compensation where order is made under s. 29.E+W+S

(1)Subsection (2) applies where an order is made under section 29 and subsection (3) applies where—

(a)notice of a proposal to carry out an operation is duly given to the Nature Conservancy Council under subsection (4) of that section; and

(b)paragraph (c) of subsection (5) of that section has effect as modified by subsection (6) or (7) of that section.

(2)The Council shall pay compensation to any person having at the time of the making of the order an interest in land comprised in an agricultural unit comprising land to which the order relates who, on a claim made to the Council within the time and in the manner prescribed by regulations under this section, shows that the value of his interest is less than what it would have been if the order had not been made; and the amount of the compensation shall be equal to the difference between the two values.

(3)The Council shall pay compensation to any person having at the time of the giving of the notice an interest in land to which the notice relates who, on a claim made to the Council within the time and in the manner prescribed by regulations under this section, shows that—

(a)he has reasonably incurred expenditure which has been rendered abortive, or expenditure in carrying out work which has been rendered abortive, by reason of paragraph (c) of subsection (5) of section 29 having effect as modified by subsection (6) or (7) of that section; or

(b)he has incurred loss or damage which is directly attributable to that paragraph having effect as so modified;

but nothing in this subsection shall entitle any such person to compensation in respect of any reduction in the value of his interest in the land.

(4)For the purposes of subsection (2)—

(a)an interest in land shall be valued as at the time when the order is made;

(b)where a person, by reason of his having more than one interest in land, makes more than one claim under that subsection in respect of the same order, his various interests shall be valued together;

(c)F128. . .section 10 of the M28Land Compensation (Scotland) Act 1973 (restricted interests in land) shall apply in relation to compensation under that subsection as it applies in relation to compensation under Part I of that Act.

(5)For the purposes of assessing any compensation payable under subsection (2), the rules set out in F129. . .section 12 of the M29Land Compensation (Scotland) Act 1963 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(6)No claim shall be made under subsection (2) in respect of any order under section 29 unless the Secretary of State has given notice under paragraph 6(1) or (2) of Schedule 11 of his decision in respect of the order; and, without prejudice to subsection (4)(a), that decision will be taken into account in assessing the compensation payable in respect of the order.

(7)Compensation under this section shall carry interest, at the rate for the time being prescribed under F130. . .section 40 of the Land Compensation (Scotland) Act 1963, from the date of the claim until payment.

(8)Except in so far as may be provided by regulations under this section, any question of disputed compensation under this section shall be referred to and determined by F131. . .the Lands Tribunal for Scotland.

(9)In relation to the determination of any such question, the provisions of F132. . .sections 9 and 11 of the Land Compensation (Scotland) Act 1963 (procedure and costs) shall apply, subject to any necessary modifications and to the provisions of any regulations under this section.

(10)Regulations under this section shall be made by the Secretary of State and shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(11)In this section “agricultural unit” means land which is occupied as a unit for agricultural purposes, including any dwelling-house or other building occupied by the same person for the purpose of farming the land.]

Textual Amendments

F128Words in s. 30(4)(c) omitted (30.1.2001) by virtue of 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. I para. 1(4)(a)

F129Words in s. 30(5) omitted (30.1.2001) by virtue of 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. I para. 1(4)(b)

F130Words in s. 30(7) omitted (30.1.2001) by virtue of 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. I para. 1(4)(c)

F131Words in s. 30(8) omitted (30.1.2001) by virtue of 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. I para. 1(4)(d)

F132Words in s. 30(9) omitted (30.1.2001) by virtue of 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. I para. 1(4)(e)

Marginal Citations

31[F133Restoration following offence under section 28P.]E+W

[F134(1)Where—

(a)the operation in respect of which a person is convicted of an offence under section 28P(1), (2) or (3) has destroyed or damaged any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or

(b)a person is convicted of an offence under section 28P(6),

the court by which he is convicted, in addition to dealing with him in any other way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations (whether on land included in the site of special scientific interest or not) as may be so specified for the purpose of restoring the site of special scientific interest to its former condition.]

(2)An order under this section made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the M30Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person’s conviction any such order does not take effect, and on appeal to the House of Lords the conviction is restored by that House, the House may make any order under this section which could be made on his conviction by the court which convicted him.

(3)In the case of an order under this section made by a magistrates’ court the period specified in the order shall not begin to run—

(a)in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates’ court;

(b)where notice of appeal is given within the period so prescribed, until determination of the appeal.

(4)At any time before an order under this section has been complied with or fully complied with, the court by which it was made may, on the application of the person against whom it was made, discharge or vary the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary.

(5)If, within the period specified in an order under this section, the person against whom it was made fails, without reasonable excuse, to comply with it, he shall be liable on summary conviction—

(a)to a fine not exceeding [F135level 5 on the standard scale]; and

(b)in the case of a continuing offence, to a further fine not exceeding £100 for each day during which the offence continues after conviction.

(6)If, within the period specified in an order under this section, any operations specified in the order have not been carried out, the Nature Conservancy Council may enter the land and carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by them in doing so.

(7)In the application of this section to Scotland—

(a)subsections (2) and (3) shall not apply; and

(b)for the purposes of any appeal or review, an order under this section is a sentence.

Extent Information

E10This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F133S. 31 sidenote substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(3)

F134S. 31(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(2)

Marginal Citations

31 Restoration where order under s. 29 is contravened.S

(1)Where the operation in respect of which a person is convicted of an offence under section 29 has destroyed or damaged any of the flora, fauna, or geological or physiographical features by reason of which the land on which it was carried out is of special interest, the court by which he is convicted, in addition to dealing with him in any other way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations for the purpose of restoring the land to its former condition as may be so specified.

(2)An order under this section made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the M70Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person’s conviction any such order does not take effect, and on appeal to the House of Lords the conviction is restored by that House, the House may make any order under this section which could be made on his conviction by the court which convicted him.

(3)In the case of an order under this section made by a magistrates’ court the period specified in the order shall not begin to run—

(a)in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates’ court;

(b)where notice of appeal is given within the period so prescribed, until determination of the appeal.

(4)At any time before an order under this section has been complied with or fully complied with, the court by which it was made may, on the application of the person against whom it was made, discharge or vary the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary.

(5)If, within the period specified in an order under this section, the person against whom it was made fails, without reasonable excuse, to comply with it, he shall be liable on summary conviction—

(a)to a fine not exceeding [F364level 5 on the standard scale]; and

(b)in the case of a continuing offence, to a further fine not exceeding £100 for each day during which the offence continues after conviction.

(6)If, within the period specified in an order under this section, any operations specified in the order have not been carried out, the Nature Conservancy Council may enter the land and carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by them in doing so.

(7)In the application of this section to Scotland—

(a)subsections (2) and (3) shall not apply; and

(b)for the purposes of any appeal or review, an order under this section is a sentence.

Extent Information

E25This version of this provision extends to Scotland only; a separate version has been created for England and Wales

Textual Amendments

Marginal Citations

32 Duties of agriculture Ministers with respect to areas of special scientific interest.E+W

(1)Where an application for [F136a farm capital grant] is made as respects expenditure incurred or to be incurred for the purpose of activities on [F137land included in a site of special scientific interest]. . ., the appropriate Minister—

(a)shall, so far as may be consistent with the purposes of [F138the grant provisions], so exercise his functions thereunder as to further the conservation of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; and

(b)where the Nature Conservancy Council have objected to the making of the grant on the ground that the activities in question have destroyed or damaged or will destroy or damage that flora or fauna or those features, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State.

(2)Where, in consequence of an objection by the Council, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (1)(b), the Council shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act—

(a)imposing restrictions as respects those activities; and

(b)providing for the making by them of payments to the applicant.

[F139(3)In this section—

  • the appropriate Minister” means the Minister responsible for determining the application;

  • farm capital grant” means—

(a)a grant under a scheme made under section 29 of the Agriculture Act 1970; or

(b)a grant under regulations made under section 2(2) of the European Communities Act 1972 to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature;

  • grant provisions” means—

(i)in the case of such a grant as is mentioned in paragraph (a) above, the scheme under which the grant is made and section 29 of the Agriculture Act 1970; and

(ii)in the case of such a grant as is mentioned in paragraph (b) above, the regulations under which the grant is made and the Community instrument in pursuance of which the regulations were made.]

Extent Information

E11This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F137Words in s. 32(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 4

32 Duties of agriculture Ministers with respect to areas of special scientific interest.S

(1)Where an application for [F365a farm capital grant] is made as respects expenditure incurred or to be incurred for the purpose of activities on land notified under section 28(1) or land to which section 29(3) applies, the appropriate Minister—

(a)shall, so far as may be consistent with the purposes of [F366the grant provisions], so exercise his functions thereunder as to further the conservation of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; and

(b)where the Nature Conservancy Council have objected to the making of the grant on the ground that the activities in question have destroyed or damaged or will destroy or damage that flora or fauna or those features, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State.

(2)Where, in consequence of an objection by the Council, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (1)(b), the Council shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act—

(a)imposing restrictions as respects those activities; and

(b)providing for the making by them of payments to the applicant.

[F367(3)In this section—

  • the appropriate Minister” means the Minister responsible for determining the application;

  • farm capital grant” means—

(a)a grant under a scheme made under section 29 of the Agriculture Act 1970; or

(b)a grant under regulations made under section 2(2) of the European Communities Act 1972 to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature;

  • grant provisions” means—

(i)in the case of such a grant as is mentioned in paragraph (a) above, the scheme under which the grant is made and section 29 of the Agriculture Act 1970; and

(ii)in the case of such a grant as is mentioned in paragraph (b) above, the regulations under which the grant is made and the Community instrument in pursuance of which the regulations were made.]

Extent Information

E26This version of this provision extends to Scotland only; a separate version has been created for England and Wales

Textual Amendments

33 Ministerial guidance as respects areas of special scientific interest.E+W+S

(1)The Ministers shall from time to time, after consultation with the Nature Conservancy [F140Councils] and such persons appearing to them to represent other interests concerned as they consider appropriate—

(a)prepare codes containing such recommendations, advice and information as they consider proper for the guidance of—

(i)persons exercising functions under sections 28 to 32; and

(ii)persons affected or likely to be affected by the exercise of any of those functions; and

(b)revise any such code by revoking, varying, amending or adding to the provisions of the code in such manner as the Ministers think fit.

(2)A code prepared in pursuance of subsection (1) and any alterations proposed to be made on a revision of such a code shall be laid before both Houses of Parliament forthwith after being prepared; and the code or revised code, as the case may be, shall not be issued until the code or the proposed alterations have been approved by both Houses.

(3)Subject to subsection (2), the Ministers shall cause every code prepared or revised in pursuance of subsection (1) to be printed, and may cause copies of it to be put on sale to the public at such price as the Ministers may determine.

34 Limestone pavement orders.E+W

(1)Where the Nature Conservancy Council or [F141the Agency] are of the opinion that any land in the countryside which comprises a limestone pavement is of special interest by reason of its flora, fauna or geological or physiographical features, it shall be the duty of the Council or [F141the Agency] to notify that fact to the local planning authority in whose area the land is situated.

(2)Where it appears to the Secretary of State or the relevant authority that the character or appearance of any land notified under subsection (1) would be likely to be adversely affected by the removal of the limestone or by its disturbance in any way whatever, the Secretary of State or that authority may make an order (in this section referred to as a “limestone pavement order”) designating the land and prohibiting the removal or disturbance of limestone on or in it; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of limestone pavement orders.

(3)The relevant authority may, after consultation with the Council and [F141the Agency], amend or revoke a limestone pavement order made by the authority; and the Secretary of State may, after such consultation as aforesaid, amend or revoke any such order made by him or that authority but, in the case of an order made by that authority, only after consultation with that authority.

(4)If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable—

(a)on summary conviction, to a fine not exceeding [F142£20,000];

(b)on conviction on indictment, to a fine.

(5)It is a reasonable excuse in any event for a person to remove or disturb limestone or cause or permit its removal or disturbance, if the removal or disturbance was authorised by a planning permission granted on an application under [F143Part III of the Town and Country Planning Act 1990] or [F144Part III of the Town and Country Planning (Scotland) Act 1997].

(6)In this section—

  • F141the agency” means the [F141Countryside Agency] in relation to England F145 . . . F146. . .;

  • limestone pavement” means an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion;

  • [F147the relevant authority” means—

(a)in relation to a non-metropolitan county [F148in England], the county planning authority and, in relation to any other area in England, the local planning authority;

[F149(aa)in relation to any area in Wales, the local planning authority;]

(b)in relation to Scotland, the authority exercising district planning functions.]

Extent Information

E12This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F141Words in s. 34(6) substituted (20.2.1999) by S.I. 1999/416, art. 3(d), Sch. 1 para. 9(2)

F142Words in s. 34(4)(a) substituted (30.1.2001) by 2000 c. 37, ss. 78(1), 103(2)

F144Words in s. 34(5) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 34(1)

F145Words in s. 34(6) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43 SIF 46:4), s. 162(2), Sch. 16 Pt. VI; S.I. 1991/685, art. 3

F149Para. (aa) in the definition of “the relevant authority” in s. 34(6) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Modifications etc. (not altering text)

C19S. 34(2): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

34 Limestone pavement orders.S

(1)Where the Nature Conservancy Council or [F368the Agency] are of the opinion that any land in the countryside which comprises a limestone pavement is of special interest by reason of its flora, fauna or geological or physiographical features, it shall be the duty of the Council or [F368the Agency] to notify that fact to the local planning authority in whose area the land is situated.

(2)Where it appears to the Secretary of State or the relevant authority that the character or appearance of any land notified under subsection (1) would be likely to be adversely affected by the removal of the limestone or by its disturbance in any way whatever, the Secretary of State or that authority may make an order (in this section referred to as a “limestone pavement order”) designating the land and prohibiting the removal or disturbance of limestone on or in it; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of limestone pavement orders.

(3)The relevant authority may, after consultation with the Council and [F368the Agency], amend or revoke a limestone pavement order made by the authority; and the Secretary of State may, after such consultation as aforesaid, amend or revoke any such order made by him or that authority but, in the case of an order made by that authority, only after consultation with that authority.

(4)If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(5)It is a reasonable excuse in any event for a person to remove or disturb limestone or cause or permit its removal or disturbance, if the removal or disturbance was authorised by a planning permission granted on an application under [F369Part III of the Town and Country Planning Act 1990] or [F370Part III of the Town and Country Planning (Scotland) Act 1997].

(6)In this section—

  • F368the agency” means the [F368Countryside Agency] in relation to England F371 . . . F372. . .;

  • limestone pavement” means an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion;

  • [F373the relevant authority” means—

(a)in relation to a non-metropolitan county [F374in England], the county planning authority and, in relation to any other area in England, the local planning authority;

[F375(aa)in relation to any area in Wales, the local planning authority;]

(b)in relation to Scotland, the authority exercising district planning functions.]

Extent Information

E27This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F368Words in s. 34(6) substituted (20.2.1999) by S.I. 1999/416, art. 3(d), Sch. 1 para. 9(2)

F370Words in s. 34(5) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 34(1)

F371Words in s. 34(6) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43 SIF 46:4), s. 162(2), Sch. 16 Pt. VI; S.I. 1991/685, art. 3

F375Para. (aa) in the definition of “the relevant authority” in s. 34(6) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

X235 National nature reserves.E+W+S

(1)Where the Nature Conservancy Council are satisfied that any land which—

(a)is being managed as a nature reserve under an agreement entered into with the Council;

(b)is held by the Council and is being managed by them as a nature reserve; or

(c)is held by an approved body and is being managed by that body as a nature reserve,

is of national importance, they may declare that land to be a national nature reserve.

(2)A declaration by the Council that any land is a national nature reserve shall be conclusive of the matters declared; and subsections (4) and (5) of section 19 of the 1949 Act shall apply in relation to any such declaration as they apply in relation to a declaration under that section.

(3)On the application of the approved body concerned, the Council may, as respects any land which is declared to be a national nature reserve under subsection (1)(c), make byelaws for the protection of the reserve.

(4)Subsections (2) and (3) of section 20 and section 106 of the 1949 Act shall apply in relation to byelaws under this section as they apply in relation to byelaws under the said section 20.

(5)In this section—

  • approved body” means a body approved by the Council for the purposes of this section;

  • nature reserve” has the same meaning as in Part III of the 1949 Act.

Editorial Information

X2The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

X336 Marine nature reserves.E+W

(1)Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea [F150which are landward of the baselines from which the breadth of the territorial sea adjacent to Great Britain is measured or are seaward of those baselines up to a distance of three nautical miles], it appears to the Secretary of State expedient, on an application made by the Nature Conservancy Council, that the land and waters covering it should be managed by the Council for the purpose of—

(a)conserving marine flora or fauna or geological or physiographical features of special interest in the area; or

(b)providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to marine flora and fauna and the physical conditions in which they live, or for the study of geological and physiographical features of special interest in the area,

he may by order designate the area comprising that land and those waters as a marine nature reserve; and the Council shall manage any area so designated for either or both of those purposes.

(2)An application for an order under this section shall be accompanied by—

(a)a copy of the byelaws which, if an order is made, the Council propose making under section 37 for the protection of the area specified in the application; and

(b)a copy of any byelaws made or proposed to be made for the protection of that area by a relevant authority;

and an order made on the application shall authorise the making under that section of such of the byelaws proposed to be made by the Council as may be set out in the order with or without modifications.

(3)Byelaws the making of which is so authorised—

(a)shall not require the Secretary of State’s consent under subsection (1) of section 37; and

(b)notwithstanding anything in the provisions applied by subsection (4) of that section, shall take effect on their being made.

(4)The provisions of Schedule 12 shall have effect as to the making, validity and date of coming into operation of orders under this section; and an order made under this section may be amended or revoked by a subsequent order so made.

(5)The powers exercisable by the Council for the purpose of managing an area designated as a marine nature reserve under this section shall include power to install markers indicating the existence and extent of the reserve.

(6)Nothing in this section or in byelaws made under section 37 shall interfere with the exercise of any functions of a relevant authority, any functions conferred by or under an enactment (whenever passed) or any right of any person (whenever vested).

(7)In this section—

  • enactment” includes an enactment contained in a local Act;

  • local authority” means—

    (a)

    in relation to England and Wales, a county council, [F151a county borough council,] a district council, F152. . . or a London borough council;

    (b)

    in relation to Scotland, a [F153council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

  • [F154nautical miles” means international nautical miles of 1,852 metres;]

  • relevant authority” means a local authority, [F155the National Rivers Authority, a water undertaker, a sewerage undertaker,] an internal drainage board, a navigation authority, a harbour authority, F156. . . , a lighthouse authority, a conservancy authority, [F157the Scottish Environment Protection Agency], a district board for a fishery district within the meaning of the M31Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under the M32Sea Fisheries Regulation Act 1966.

Editorial Information

X3The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Extent Information

E13This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F157Words in s. 36(7) substituted (S.) (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 6

Modifications etc. (not altering text)

Marginal Citations

X2236 Marine nature reserves.S

(1)Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea [F150which are landward of the baselines from which the breadth of the territorial sea adjacent to Great Britain is measured or are seaward of those baselines up to a distance of three nautical miles], it appears to the Secretary of State expedient, on an application made by the Nature Conservancy Council, that the land and waters covering it should be managed by the Council for the purpose of—

(a)conserving marine flora or fauna or geological or physiographical features of special interest in the area; or

(b)providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to marine flora and fauna and the physical conditions in which they live, or for the study of geological and physiographical features of special interest in the area,

he may by order designate the area comprising that land and those waters as a marine nature reserve; and the Council shall manage any area so designated for either or both of those purposes.

(2)An application for an order under this section shall be accompanied by—

(a)a copy of the byelaws which, if an order is made, the Council propose making under section 37 for the protection of the area specified in the application; and

(b)a copy of any byelaws made or proposed to be made for the protection of that area by a relevant authority;

and an order made on the application shall authorise the making under that section of such of the byelaws proposed to be made by the Council as may be set out in the order with or without modifications.

(3)Byelaws the making of which is so authorised—

(a)shall not require the Secretary of State’s consent under subsection (1) of section 37; and

(b)notwithstanding anything in the provisions applied by subsection (4) of that section, shall take effect on their being made.

(4)The provisions of Schedule 12 shall have effect as to the making, validity and date of coming into operation of orders under this section; and an order made under this section may be amended or revoked by a subsequent order so made.

(5)The powers exercisable by the Council for the purpose of managing an area designated as a marine nature reserve under this section shall include power to install markers indicating the existence and extent of the reserve.

(6)Nothing in this section or in byelaws made under section 37 shall interfere with the exercise of any functions of a relevant authority, any functions conferred by or under an enactment (whenever passed) or any right of any person (whenever vested).

(7)In this section—

  • enactment” includes an enactment contained in a local Act;

  • local authority” means—

    (a)

    in relation to England and Wales, a county council, [F151a county borough council,] a district council, F152 or a London borough council;

    (b)

    in relation to Scotland, a [F153council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

  • [F154nautical miles” means international nautical miles of 1,852 metres;]

  • relevant authority” means a local authority, [F376Scottish Water] or any other statutory water undertakers, an internal drainage board, a navigation authority, a harbour authority, F156, a lighthouse authority, a conservancy authority, [F157the Scottish Environment Protection Agency], a district board for a fishery district within the meaning of the M31Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under the M32Sea Fisheries Regulation Act 1966.

Editorial Information

X22The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Extent Information

E28This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F157Words in s. 36(7) substituted (S.) (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 6

F376Words commencing "Scottish Water" substituted (S.) (1.4.2002) for words commencing "a water authority" by Water Industry (Scotland) Act 2002 (asp. 3), s. 71, Sch. 7 {para. 11(3)}; S.S.I 2002/118, {art. 2(3)}

Modifications etc. (not altering text)

Marginal Citations

X437 Byelaws for protection of marine nature reserves.E+W+S

(1)The Nature Conservancy Council may, with the consent of the Secretary of State make byelaws for the protection of any area designated as a marine nature reserve under section 36.

(2)Without prejudice to the generality of subsection (1), byelaws made under this section as respects a marine nature reserve—

(a)may provide for prohibiting or restricting, either absolutely or subject to any exceptions—

(i)the entry into, or movement within, the reserve of persons and vessels;

(ii)the killing, taking, destruction, molestation or disturbance of animals or plants of any description in the reserve, or the doing of anything therein which will interfere with the sea bed or damage or disturb any object in the reserve; or

(iii)the depositing of rubbish in the reserve;

(b)may provide for the issue, on such terms and subject to such conditions as may be specified in the byelaws, of permits authorising entry into the reserve or the doing of anything which would otherwise be unlawful under the byelaws; and

(c)may be so made as to apply either generally or with respect to particular parts of the reserve or particular times of the year.

(3)Nothing in byelaws made under this section shall—

(a)prohibit or restrict the exercise of any right of passage by a vessel other than a pleasure boat; or

(b)prohibit, except with respect to particular parts of the reserve at particular times of the year, the exercise of any such right by a pleasure boat.

(4)Nothing in byelaws so made shall make unlawful—

(a)anything done for the purpose of securing the safety of any vessel, or of preventing damage to any vessel or cargo, or of saving life;

(b)the discharge of any substance from a vessel; or

(c)anything done more than 30 metres below the sea bed.

(5)Sections 236 to 238 of the M33Local Government Act 1972 or sections 202 to 204 of the M34Local Government (Scotland) Act 1973 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding the amount there specified and provide for the proof of byelaws in legal proceedings) shall apply to byelaws under this section as if the Council were a local authority within the meaning of the said Act of 1972 or the said Act of 1973, so however that in relation to such byelaws the said sections shall apply subject to such modifications (including modifications increasing the maximum fines which the byelaws may impose) as may be prescribed by regulations made by the Secretary of State.

Regulations under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In relation to byelaws under this section the confirming authority for the purposes of the said section 236 or the said section 202 shall be the Secretary of State.

(7)The Secretary of State may, after consultation with the Council, direct them—

(a)to revoke any byelaws previously made under this section; or

(b)to make any such amendments of any byelaws so made as may be specified in the direction.

(8)The Council shall have power to enforce byelaws made under this section; but nothing in this subsection shall be construed as authorising the Council to institute proceedings in Scotland for an offence.

(9)Proceedings in England and Wales for an offence under byelaws made under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than the Council.

(10)In this section “vessel” includes a hovercraft and any aircraft capable of landing on water and “pleasure boat” shall be construed accordingly.

(11)References in this section to animals or plants of any description include references to eggs, seeds, spores, larvae or other immature stages of animals or plants of that description.

Editorial Information

X4The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Marginal Citations

[F158X537A Ramsar sites.E+W

(1)Where a wetland in Great Britain has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article, the Secretary of State shall—

(a)notify English Nature if all or part of the wetland is in England;

(b)notify the Countryside Council for Wales if it is in Wales; or

(c)notify both of them if it is partly in England and partly in Wales.

(2)Subject to subsection (3), upon receipt of a notification under subsection (1), each body notified shall, in turn, notify—

(a)the local planning authority in whose area the wetland is situated;

(b)every owner and occupier of any of that wetland;

(c)the Environment Agency; and

(d)every relevant undertaker (within the meaning of section 4(1) of the M35Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the M36Land Drainage Act 1991) whose works, operations or activities may affect the wetland.

(3)English Nature and the Countryside Council for Wales may agree that in a case where the Secretary of State notifies both of them under subsection (1)(c), any notice under subsection (2) is to be sent by one or the other of them (and not both), so as to avoid duplicate notices under that subsection.

(4)Subject to subsection (5), the “Ramsar Convention” is the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by—

(a)the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and

(b)the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987.

(5)If the Ramsar Convention is further amended after the passing of the Countryside and Rights of Way Act 2000, the reference to the Ramsar Convention in subsection (1) is to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision).]

Editorial Information

X5The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F158S. 37A inserted (30.1.2001) by 2000 c. 37, ss. 77, 103(2)

Marginal Citations

X6F15938. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Editorial Information

X6The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

Valid from 01/10/2006

Nature reserves, marine nature reserves and Ramsar sitesE+W+S

[F16034AMeaning of “appropriate conservation body”E+W+S

In the following provisions of this Part “the appropriate conservation body” means—

(a)in relation to England, Natural England;

(b)in relation to Wales, the Countryside Council for Wales;

(c)in relation to Scotland, Scottish Natural Heritage.

Textual Amendments

Valid from 12/11/2009

[F16135APower to call in subtidal declarationsE+W+S

(1)This section applies where—

(a)the appropriate conservation body propose to declare land to be a national nature reserve under section 35(1), and

(b)the land to which the proposed declaration relates includes, by virtue of section 35(1B), land lying below mean low water mark (“the subtidal land”).

(2)The appropriate conservation body may not declare the reserve unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.

(3)At any time before the reserve is declared the ministerial authority may give notice to the appropriate conservation body that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.

(4)If the ministerial authority gives notice under subsection (3), the appropriate conservation body may not declare the reserve until the ministerial authority has given a direction under subsection (5).

(5)The ministerial authority may direct—

(a)that the reserve (if declared) must include all of the subtidal land;

(b)that the reserve (if declared) must not include any of the subtidal land;

(c)that the reserve (if declared) must, or must not, include such part of that land as is specified in the direction;

(d)that the decision whether the reserve (if declared) should include the subtidal land is to be taken by the appropriate conservation body.

(6)The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—

(a)appearing before and being heard by a person appointed by the ministerial authority for that purpose;

(b)providing written representations to such a person.

(7)A person appointed under subsection (6) must make a report to the ministerial authority of any oral or written representations made under that subsection.

(8)The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (6).

(9)The power to make regulations under subsection (8) is exercisable by statutory instrument.

(10)A statutory instrument containing regulations made under subsection (8) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)A statutory instrument containing regulations made under subsection (8) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(12)In this section “the ministerial authority” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the Welsh Ministers.]]

Textual Amendments

F161S. 35A inserted (E.W.) (12.11.2009 for certain purposes, 12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(1)(c)(2)(b)(ii), Sch. 13 para. 11; S.I. 2014/3088, art. 2(b)

CountrysideE+W+S

39 Management agreements with owners and occupiers of land.E+W

(1)A relevant authority may, for the purpose of conserving or enhancing the natural beauty or amenity of any land which is F162. . . within their area or promoting its enjoyment by the public, make an agreement (in this section referred to as a “management agreement”) with any person having an interest in the land with respect to the management of the land during a specified term or without limitation of the duration of the agreement.

(2)Without prejudice to the generality of subsection (1), a management agreement—

(a)may impose on the person having an interest in the land restrictions as respects the method of cultivating the land, its use for agricultural purposes or the exercise of rights over the land and may impose obligations on that person to carry out works or agricultural or forestry operations or do other things on the land;

(b)may confer on the relevant authority power to carry out works for the purpose of performing their functions under the 1949 Act and the 1968 Act; and

(c)may contain such incidental and consequential provisions (including provisions for the making of payments by either party to the other) as appear to the relevant authority to be necessary or expedient for the purposes of the agreement.

(3)The provisions of a management agreement with any person interested in the land shall, unless the agreement otherwise provides, be binding on persons deriving title under or from that person and be enforceable by the relevant authority against those persons accordingly.

(4)Schedule 2 to the M37Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants) shall apply to management agreements as it applies to forestry dedication covenants.

(5)In this section “the relevant authority” means—

F163(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F164(aa)as respects land within the Broads, the Broads Authority;]

(b)

F165(c)as respects any other land, the local planning authority.

[F166(d)as respects any land in England, the Countryside Agency;

(e)as respects any land in Wales, the Countryside Council for Wales;

(f)as respects land in any area of outstanding natural beauty designated under section 82 of the Countryside and Rights of Way Act 2000 for which a conservation board has been established under section 86 of that Act, that board.]

(6)The powers conferred by this section on a relevant authority shall be in addition to and not in derogation of any powers conferred on such an authority by or under any enactment.

X740 Experimental schemes.E+W

For subsections (1) and (2) of section 4 of the 1968 Act (under which the Countryside Commission may submit for the Secretary of State’s approval proposals for experimental schemes in relation to particular areas and are required to carry out proposals approved by him) there shall be substituted the following subsection—

(1)The Commission, after consultation with such local authorities and other bodies as appear to the Commission to have an interest, may from time to time make and carry out or promote the carrying out of any experimental scheme designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity which—

(a)in relation to the countryside generally or to any particular area involves the development or application of new methods, concepts or techniques, or the application or further development of existing methods, concepts or techniques ; and

(b)is designed to illustrate the appropriateness of the scheme in question for the countryside generally or for any particular area.

Editorial Information

X7The text of ss. 15(1), 38(6), 40, 46(1)-(3), and 47(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

41 Duties of agriculture Ministers with respect to the countryside.E+W+S

(1)

F167(2)In the exercise of his general duty under section 4(2) of the M38Small Landholders (Scotland) Act 1911 of promoting the interests of agriculture and other rural industries, and without prejudice to the generality of that duty, the Secretary of State shall make provision, through such organisation as he considers appropriate, for the giving of

[F168(a)advice to persons carrying on agricultural businesses on the conservation and enhancement of the natural beauty and amenity of the countryside;

(b)advice to such persons on diversification into other enterprises of benefit to the rural economy; and

(c)advice to government departments and other bodies exercising statutory functions on the promotion and furtherance of such diversification as is mentioned in paragraph (b).]

(3)Where an application for [F169a farm capital grant] is made as respects expenditure incurred or to be incurred for the purposes of activities on land which is in a National Park [F170(including a National Park in Scotland)]or an area specified for the purposes of this subsection by the Ministers, the appropriate Minister—

(a)shall, so far as may be consistent with the purposes of the [F171the grant provisions], so exercise his functions thereunder as to further the conservation and enhancement of the natural beauty and amenity of the countryside and to promote its enjoyment by the public; and

(b)where the relevant authority have objected to the making of the grant on the ground that the activities in question have had or will have an adverse effect on the natural beauty or amenity of the countryside or its enjoyment by the public, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State;

and this subsection shall have effect, in its application to Scotland, as if references to the amenity of the countryside were omitted.

(4)Where, in consequence of an objection by the relevant authority, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (3)(b), the relevant authority shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, a management agreement—

(a)imposing restrictions as respects those activities; and

(b)providing for the making by them of payments to the applicant.

(5)In this section—

  • [F172agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970;][F172the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32;]

  • management agreement”—

    (a)

    in relation to England and Wales, means an agreement under section 39;

    (b)

    in relation to Scotland, means an agreement under section 49A of the M39Countryside (Scotland) Act 1967;

  • the relevant authority”—

    (a)

    in relation to England and Wales, has the same meaning as in section 39;

    (b)

    in relation to Scotland, means the authority exercising district planning functions.

[F173(5A)For the purposes of this section the Broads shall be treated as a National Park [F174(and, as respects land within the Broads, any reference in this section to the relevant authority is accordingly a reference to the Broads Authority).].]

(6)F175 subsection (2) extends only to Scotland.

National ParksE+W

Valid from 01/10/2006

[F17641AApplication of sections 42 to 45 in WalesE+W

In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to the Countryside Council for Wales.]

42 Notification of agricultural operations on moor and heath in National Parks.E+W

(1)The Ministers may, if satisfied that it is expedient to do so, by order apply subsection (2) to any land which is comprised in a National Park and which appears to them to consist of or include moor or heath.

(2)Subject to subsection (3), no person shall—

(a)by ploughing or otherwise convert into agricultural land any land to which this subsection applies and which is moor or heath which has not been agricultural land at any time within the preceding 20 years; or

(b)carry out on any such land any other agricultural operation or any forestry operation which (in either case) appears to the Ministers to be likely to affect its character or appearance and is specified in the order applying this subsection to that land.

(3)Subsection (2) shall not apply in relation to any operation carried out, or caused or permitted to be carried out, by the owner or occupier of the land if—

(a)one of them has, after the coming into force of the order, given the [F177National Park authority] written notice of a proposal to carry out the operation, specifying its nature and the land on which it is proposed to carry it out; and

(b)one of the conditions specified in subsection (4) is satisfied.

(4)The said conditions are—

(a)that the [F177National Park authority] have given their consent to the carrying out of the operation;

(b)where that authority have neither given nor refused their consent, that three months have expired from the giving of the notice; and

(c)where that authority have refused their consent, that twelve months have expired from the giving of the notice.

(5)A person who, without reasonable excuse, contravenes subsection (2) shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(6)Where the [F177National Park authority] are given notice under this section in respect of any land, the authority shall forthwith send copies of the notice to the Ministers, the Nature Conservancy Council and the [F178Countryside Agency].

(7)In considering for the purposes of this section whether land has been agricultural land within the preceding 20 years, no account shall be taken of any conversion of the land into agricultural land which was unlawful under the provisions of this section or section 14 of the 1968 Act.

(8)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9)The said section 14 (which is superseded by this section) shall cease to have effect; but this section shall have effect as if any order under that section in force immediately before the coming into force of this section had been made under this section.

Textual Amendments

F178Words in s. 42(6) substituted (20.2.1999) by S.I. 1999/416, art. 3(d), Sch. 1 para. 9(3)

Modifications etc. (not altering text)

43 Maps of National Parks showing certain areas of moor or heath.E+W

(1)Every [F179local planning authority] whose area comprises the whole or any part of a National Park shall—

(a)before the expiration of the period of two years beginning with [F180the relevant date], prepare a map of the Park or the part thereof showing any areas [F181to which this section applies whose natural beauty] it is, in the opinion of the authority, particularly important to conserve; and

(b)[F182at intervals of not more than five years] review the particulars contained in the map and make such revisions thereof (if any) as may be requisite.

[F183(1A)In considering under subsection (1) whether any area to which this section applies is one whose natural beauty it is particularly important to conserve, a [F184local planning authority] shall act in accordance with the guidelines from time to time issued F185 . . . under subsection (1B).

(1B)The [F186Countryside Agency][F187and the Countryside Council for Wales shall each] issue guidelines for the guidance of county planning authorities in considering as mentioned in subsection (1A), and [F188the Commission and the Council may each] from time to time revise any guidelines so issued.

(1C)Before issuing or revising any guidelines under subsection (1B) the [F189Agency][F190or, as the case may be, the Council] shall consult such bodies as appear to them to represent interests concerned; and before preparing or revising any map under subsection (1) a [F184local planning authority] shall consult such bodies as appear to the authority to represent interests concerned with matters affecting the Park or part of the Park in question.]

(2)The authority shall cause a map prepared or revised in pursuance of subsection (1) to be printed, and shall cause copies thereof to be put on sale to the public at such price as the authority may determine.

[F191(3)This section applies to any area of mountain, moor, heath, woodland, down, cliff or foreshore (including any bank, barrier, dune, beach, flat or other land adjacent to the foreshore); and in this section “the relevant date” means the date of issue of the first guidelines under subsection (1B).]

Textual Amendments