SCHEDULES
F43SCHEDULE ZA1Birds which re-use their nests
Common name | Scientific name |
|---|---|
Eagle, Golden | Aquila chrysaetos |
Eagle, White-tailed | Haliaetus albicilla |
Osprey | Pandion haliaetus |
NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account. | |
F44Schedule A1Protected nests and nest sites: birds
Sch. A1 inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 24; S.S.I. 2004/495, art. 2
Common name | Scientific name |
|---|---|
Eagle, White-tailed | Haliaetus albicilla |
SCHEDULE 1 Birds which are Protected by Special Penalties
Part I At All Times
Common name | Scientific name |
|---|---|
Avocet | Recurvirostra avosetta |
Bee-eater | Merops apiaster |
Bittern | Botaurus stellaris |
Bittern, Little | Ixobrychus minutus |
Bluethroat | Luscinia svecica |
Brambling | Fringilla montifringilla |
Bunting, Cirl | Emberiza cirlus |
Bunting, Lapland | Calcarius lapponicus |
Bunting, Snow | Plectrophenax nivalis |
Buzzard, Honey | Pernis apivorus |
Chough | Pyrrhocorax pyrrhocorax |
Corncrake | Crex crex |
Crake, Spotted | Porzana porzana |
Crossbills (all species) | Loxia |
Curlew, Stone | Burhinus oedicnemus |
Divers (all species) | Gavia |
Dotterel | Charadrius morinellus |
Duck, Long-tailed | Clangula hyemalis |
Eagle, Golden | Aquila chrysaetos |
Eagle, White-tailed | Haliaetus albicilla |
Falcon, Gyr | Falco rusticolus |
Fieldfare | Turdus pilaris |
Firecrest | Regulus ignicapillus |
Garganey | Anas querquedula |
Godwit, Black-tailed | Limosa limosa |
Goshawk | Accipiter gentilis |
Grebe, Black-necked | Podiceps nigricollis |
Grebe, Slavonian | Podiceps auritus |
Greenshank | Tringa nebularia |
Gull, Little | Larus minutus |
Gull, Mediterranean | Larus melanocephalus |
Harriers (all species) | Circus |
Heron, Purple | Ardea purpurea |
Hobby | Falco subbuteo |
Hoopoe | Upupa epops |
Kingfisher | Alcedo atthis |
Kite, Red | Milvus milvus |
Merlin | Falco columbarius |
Oriole, Golden | Oriolus oriolus |
Osprey | Pandion haliaetus |
Owl, Barn | Tyto alba |
Owl, Snowy | Nyctea scandiaca |
Peregrine | Falco peregrinus |
Petrel, Leach’s | Oceanodroma leucorhoa |
Phalarope, Red-necked | Phalaropus lobatus |
Plover, Kentish | Charadrius alexandrinus |
Plover, Little Ringed | Charadrius dubius |
Quail, Common | Coturnix coturnix |
Redstart, Black | Phoenicurus ochruros |
Redwing | Turdus iliacus |
Rosefinch, Scarlet | Carpodacus erythrinus |
Ruff | Philomachus pugnax |
Sandpiper, Green | Tringa ochropus |
Sandpiper, Purple | Calidris maritima |
Sandpiper, Wood | Tringa glareola |
Scaup | Aythya marila |
Scoter, Common | Melanitta nigra |
Scoter, Velvet | Melanitta fusca |
Serin | Serinus serinus |
Shorelark | Eremophila alpestris |
Shrike, Red-backed | Lanius collurio |
Spoonbill | Platalea leucorodia |
Stilt, Black-winged | Himantopus himantopus |
Stint, Temminck’s | Calidris temminckii |
Swan, Bewick’s | Cygnus bewickii |
Swan, Whooper | Cygnus cygnus |
Tern, Black | Chlidonias niger |
Tern, Little | Sterna albifrons |
Tern, Roseate | Sterna dougallii |
Tit, Bearded | Panurus biarmicus |
Tit, Crested | Parus cristatus |
Treecreeper, Short-toed | Certhia brachydactyla |
Warbler, Cetti’s | Cettia cetti |
Warbler, Dartford | Sylvia undata |
Warbler, Marsh | Acrocephalus palustris |
Warbler, Savi’s | Locustella luscinioides |
Whimbrel | Numenius phaeopus |
Woodlark | Lullula arborea |
Wryneck | Jynx torquilla |
Part II During the Close Season
Common name | Scientific name |
|---|---|
Goldeneye | Bucephala clangula |
Goose, Greylag (in Outer Hebrides, Caithness, Sutherland and Wester Ross only) | Anser anser |
Pintail | Anas acuta |
Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the comon name or names shall not be taken into account.
F45Schedule 1ABirds which are protected from harassment
Sch. 1A inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 25; S.S.I. 2004/495, art. 2
Common name | Scientific name |
|---|---|
Eagle, White-tailed | Haliaetus albicilla |
SCHEDULE 2 Birds Which May Be Killed or Taken
Part I Outside the Close Season
Common name | Scientific name |
|---|---|
Capercaillie | Tetrao urogallus |
Coot | Fulica atra |
Duck, Tufted | Aythya fuligula |
Gadwall | Anas strepera |
Goldeneye | Bucephala clangula |
Goose, Canada | Branta canadensis |
Goose, Greylag | Anser anser |
Goose, Pink-footed | Anser brachyrhynchus |
Goose, White-fronted (in England and Wales only) | Anser albifrons |
Mallard | Anas platyrhynchos |
Moorhen | Gallinula chloropus |
Pintail | Anas acuta |
Plover, Golden | Pluvialis apricaria |
Pochard | Aythya ferina |
Shoveler | Anas clypeata |
Snipe, Common | Gallinago gallinago |
Teal | Anas crecca |
Wigeon | Anas penelope |
Woodcock | Scolopax rusticola |
Part II By Authorised Persons at all Times
Words in Sch.2 Pt. II removed (01.01.1993) by S.I. 1992/3010, art.2.
Common name | Scientific name |
|---|---|
F1. . . | F1. . . |
F1. . . | F1. . . |
F1. . . | F1. . . |
F1. . . | F1. . . |
F1. . . | F1. . . |
F1. . . | F1. . . |
F1. . . | F1. . . |
F1. . . | F1. . . |
F1. . . | F1. . . |
F1. . . | F1. . . |
F1. . . | F1. . . |
F1. . . | F1. . . |
F1. . . | F1. . . |
Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
SCHEDULE 3 Birds which may be Sold
Part I Alive at all Times if Ringed and Bred in Captivity
Common name | Scientific name |
|---|---|
Blackbird | Turdus merula |
Brambling | Fringilla montifringilla |
Bullfinch | Pyrrhula pyrrhula |
Bunting, Reed | Emberiza schoeniclus |
Chaffinch | Fringilla coelebs |
Dunnock | Prunella modularis |
Goldfinch | Carduelis carduelis |
Greenfinch | Carduelis chloris |
Jackdaw | Corvus monedula |
Jay | Garrulus glandarius |
Linnet | Carduelis cannabina |
Magpie | Pica pica |
Owl, Barn | Tyto alba |
Redpoll | Carduelis flammea |
Siskin | Carduelis spinus |
Starling | Sturnus vulgaris |
Thrush, Song | Turdus philomelos |
Twite | Carduelis flavirostris |
Yellowhammer | Emberiza citrinella |
Part II Dead at all Times
Words in Sch. 3 Pt. II removed (01.01.1993) by S.I. 1992/3010, art.3.
Part III Dead from 1st September to 28th February
Common name | Scientific name |
|---|---|
Capercaillie | Tetrao urogallus |
Coot | Fulica atra |
Duck, Tufted | Aythya fuligula |
Mallard | Anas platyrhynchos |
Pintail | Anas acuta |
Plover, Golden | Pluvialis apricaria |
Pochard | Aythya ferina |
Shoveler | Anas clypeata |
Snipe, Common | Gallinago gallinago |
Teal | Anas crecca |
Wigeon | Anas penelope |
Woodcock | Scolopax rusticola |
Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
SCHEDULE 4 Birds Which Must Be Registered and Ringed if Kept in Captivity
Entries in Sch. 4 removed (24.5.1994) by S.I. 1994/1151, art. 2
Entries in Sch. 4 removed (24.5.1994) subject to specified exceptions by S.I. 1994/1151, art. 2
Words in Sch. 4 inserted (24.5.1994) by S.I. 1994/1151, art. 3
Common name | Scientific name |
|---|---|
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
Bunting, Cirl | Emberiza cirlus |
Bunting, Lapland | Calcarius lapponicus |
Bunting, Snow | Plectrophenax nivalis |
Chough | Pyrrhocorax pyrrhocorax |
F3. . . | F3. . . |
F3. . . | F3. . . |
Crossbills (all species) | Loxia |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F47Falcons (all species) | F47Falconidae |
Fieldfare | Turdus pilaris |
Firecrest | Regulus ignicapillus |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F47Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case) | F47Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps) |
F3. . . | F3. . . |
F3. . . | F3. . . |
Oriole, Golden | Oriolus oriolus |
Osprey | Pandion haliaetus |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
Redstart, Black | Phoenicurus ochruros |
Redwing | Turdus iliacus |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
Serin | Serinus serinus |
Shorelark | Eremophila alpestris |
Shrike, Red-backed | Lanius collurio |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
Tit, Bearded | Panurus biarmicus |
Tit, Crested | Parus cristatus |
F3. . . | F3. . . |
Warbler, Cetti’s | Cettia cetti |
Warbler, Dartford | Sylvia undata |
Warbler, Marsh | Acrocephalus palustris |
Warbler, Savi’s | Locustella Liscinioides |
F3. . . | F3. . . |
Woodlark | Lullula arborea |
Wryneck | Jynx torquilla |
F48Any bird one of whose parents or other lineal ancestor was a bird of a kind specified in the foregoing provisions of this Schedule. |
Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
C1SCHEDULE 5 Animals which are Protected
By virtue of S.I. 1991/367, art. 2(1) entry is further listed in respect of section 9(1) so far as it relates to killing and injuring
By virtue of S.I. 1998/878, art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries
Entry added as provided by S.I. 1988/288, art. 2(1)
Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350, art. 2(1)
Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878, art. 2(1)
Entry removed from Schedule as provided by S.I. 1988/288, art. 2(5)
Entry added (in respect of s. 9(5) only) by S.I. 1989/906, art. 2
Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350, art. 2(2)
Entry added (only in respect of s. 9(1) so far as it relates to taking and in respect of s. 9(5)) by S.I. 1988/288, art. 2(3)
By S. I. 1988/288, art. 2(4) entry (which is already listed in respect of section 9(5) only) is further listed in respect of s. 9(1) so far as it relates to killing and injuring
Entry in Sch. 5 (which was added as provided by S.I. 1988/288, art. 2(1)) removed (16.4.1998) by S.I. 1998/878, art. 2(3)
By virtue of S.I. 1998/878, art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry
By S.I. 1988/288, art. 2(2) it is provided that all Dolphins (Cetacea) and all Porpoises (Cetacea) not already listed in Schedule 5 are added to that Schedule and by S.S.I. 2007/80, reg. 28 it is provided that said Dolphins (all species) and Porpoises (all species) are removed (S.) (15.2.2007)
Common name | Scientific name |
|---|---|
F4Adder (in respect of section 9(5) only) | F4Vipera berus |
F5Allis Shad (in respect of section 9(1) and (4)(a) only) | F5Alosa alosa |
F6Anemone, Ivell’s Sea | F6Edwardsia ivelli |
F6Anemone, Startlet Sea | F6Nematosella vectensis |
F6Apus | F6Triops cancriformis |
Bats, Horseshoe (all species) | Rhinolophidae |
Bats, Typical (all species) | Vespertilionidae |
F7Beetle | F7Graphoderus zonatus |
F7Beetle | F7Hypebaeus flavipes |
F7Beetle | F7Paracymus aeneus |
F7Beetle, Lesser Silver Water | F7Hydrochara caraboides |
F7Beetle, Mire Pill (in respect of section 9(4)(a) only) | F7Curimopsis nigrita |
Beetle, Rainbow Leaf | Chrysolina cerealis |
F8Beetle, Stag (in respect of section 9(5) only) | F8Lucanus cervus |
F6Beetle, Violet Click | F6Limoniscus violaceus |
Burbot | Lota lota |
F9. . . | F9 . . . |
F10Butterfly, Northern Brown Argus | F10Aricia artaxerxes |
F10Butterfly, Adonis Blue | F10Lysandra bellargus |
F10Butterfly, Chalkhill Blue | F10Lysandra coridon |
F10Butterfly, Silver-studded Blue | F10Plebejus argus |
F10Butterfly, Small Blue | F10Cupido minimus |
F5Butterfly, Large Copper | F5Lycaena dispar |
F10Butterfly, Purple Emperor | F10Apatura iris |
F10Butterfly, Duke of Burgandy Fritillary | F10Hamearis lucina |
F10Butterfly, Glanville Fritillary | F10Melitaea cinxia |
Butterfly, Heath Fritillary | Mellicta athalia (otherwise known as Melitaea athalia) |
F11Butterfly, High Brown Fritillary | F11Argynnis adippe |
F5Butterfly, Marsh Fritillary | F5Eurodryas aurinia |
F10Butterfly, Pearl-bordered Fritillary | F10Boloria euphrosyne |
F10Butterfly, Black Hairstreak | F10Strymonidia pruni |
F10Butterfly, Brown Hairstreak | F10Thecla betulae |
F10Butterfly, White Letter Hairstreak | F10Stymonida w-album |
F10Butterfly, Large Heath | F10Coenonympha tullia |
Butterfly, Large Blue | Maculinea arion |
F10Butterfly, Mountain Ringlet | F10Erebia epiphron |
. . . F9 | . . . F9 |
F10Butterfly, Chequered Skipper | F10Carterocephalus palaemon |
F10Butterfly, Lulworth Skipper | F10Thymelicus acteon |
F10Butterfly, Silver Spotted Skipper | F10Hesperia comma |
Butterfly, Swallowtail | Papilio machaon |
F10Butterfly, Large tortoiseshell | F10Nymphalis polychloros |
F10Butterfly, Wood White | F10Leptidea sinapis |
F6Cat, Wild | F6Felis silverstris |
F6Cicada, New Forest | F6Cicadetta montana |
F12Crayfish, Atlantic Stream | F12Austropotamobius pallipes |
Cricket, Field | Gryllus campestris |
Cricket, Mole | Gryllotalpa gryllotalpa |
F8Dameselfly, Southern | F8Coenagrion mercuriale |
Dolphin, Bottle-nosed | Tursiops truncatus (otherwise known as Tursiops tursio) |
Dolphin, Common | Delphinus delphis |
F6Dormouse | F6Muscardinus avellanarius |
Dragonfly, Norfolk Aeshna | Aeshna isosceles |
Frog, Common (in respect of section 9(5) only) | Rana temporaria |
F8Goby, Couch’s | F8Gobius couchii |
F8Goby, Giant | F8Gobius cobitis |
Grasshopper, Wart-biter | Decticus verrucivorus |
F7Hatchet Shell, Northern | F7Thyasira gouldi |
F8Hydroid, Marine | F8Clavopsella navis |
F7Lagoon Snail | F7Paludinella littorina |
F7Lagoon Snail, De Folin’s | F7Caecum armoricum |
F7Lagoon Worm, Tentacled | F7Alkmaria romijni |
F6Leech, Medicinal | F6Hirudo medicinalis |
Lizard, Sand | Lacerta agilis |
F13Lizard, Viviparous (in respect of section 9(5) only) | F13Lacerta vivipara |
F6Marten, Pine | F6Martes martes |
F6Mat. Trembling Sea | F6Victorella pavida |
Moth, Barberry Carpet | Pareulype berberata |
Moth, Black-veined | Siona lineata (otherwise known as Idaea lineata) |
Moth, Essex Emerald | Thetidia smaragdaria |
F8Moth, Fiery Clearwing | F8Bembecia chrysidiformis |
F8Moth, Fisher’s Estuarine | F8Gortyna borelii |
Moth, New Forest Burnet | Zygaena viciae |
Moth, Reddish Buff | Acosmetia caliginosa |
F7Moth, Sussex Emerald | F7Thalera fimbrialis |
F14. . . | F14. . . |
F8Mussel, Fan (in respect of section 9(1), (2) and (5) only) | F8Atrina fragilis |
F15Mussel, Freshwater Pearl | F15Margaritifera margaritifera |
Newt, Great Crested (otherwise known as Warty newt) | Triturus cristatus |
Newt, Palmate (in respect of section 9(5) only) | Triturus helveticus |
Newt, Smooth (in respect of section 9(5) only) | Triturus vulgaris |
Otter, Common | Lutra lutra |
Porpoise, Harbour (otherwise known as Common porpoise) | Phocaena phocaena |
F6Sandworm, Lagoon | F6Armandia cirrhosa |
F7Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only | F7Eunicella verrucosa |
F7Sea Slug, Lagoon | F7Tenellia adspersa |
F8Shad, Twaite (in respect of section 9(4)(a) only) | F8Alosa fallax |
F8Shark, Basking | F8Cetorhinus maximus |
F6Shrimp, Fairy | F6Chirocephalus diaphanus |
F6Shrimp, Lagoon Sand | F6Gammarus insensiblis |
F13Slow-worm (in respect of section 9(5) only) | F13Anguis fragilis |
. . . F9 | . . . F9 |
Snail, Glutinous | Myxas glutinosa |
Snail, Sandbowl | Catinella arenaria |
F13Snake, Grass (in respect of section 9(5) only) | F13Natrix helvetica (also known as Natrix natrix) |
Snake, Smooth | Coronella austriaca |
Spider, Fen Raft | Dolomedes plantarius |
Spider, Ladybird | Eresus niger |
Squirrel, Red | Sciurus vulgaris |
F7Sturgeon | F7Acipenser sturio |
Toad, Common (in respect of section 9(5) only) | Bufo bufo |
Toad, Natterjack | Bufo calamita |
F6Turtles, Marine (all species) | F6Dermochelyidae and Cheloniidae |
F6Vendace | F6Coregonus albula |
F8Vole, Water (in respect of section 9(4) only) | F8Arvicola terrestris |
F6Walrus | F6Odebenus rosmarus |
F6Whale (all species) | F6Cetacea |
F6Whitefish | F6Coregonus lavaretus |
Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
SCHEDULE 6 Animals which may not be Killed or Taken by Certain Methods
Common name | Scientific name |
|---|---|
Badger | Meles meles |
Bats, Horseshoe (all species) | Rinolophidae |
Bats, Typical (all species) | Vespertilionidae |
Cat, Wild | Felis silvestris |
Dolphin, Bottle-nosed | Tursiops truncatus (otherwise known as Tursiops tursio) |
Dolphin, Common | Delphinis delphis |
Dormice (all species) | Gliridae |
Hedgehog | Erinaceus europaeus |
Marten, Pine | Martes martes |
Otter, Common | Lutra lutra |
Polecat | Mustela putorius |
Porpoise, Harbour (otherwise known as Common porpoise) | Phocaena phocaena |
Shrews (all species) | Soricidae |
Squirrel, Red | Sciurus vulgaris |
Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
SCHEDULE 7 PROTECTION OF CERTAIN MAMMALS
The Ground Game Act 1880
1
1
Notwithstanding the provisions of section 6 of the M1Ground Game Act 1880, it shall not be unlawful for the occupier of any land himself, or one other person authorised by him under section 1 of that Act, to use firearms for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise if (except where he has the exclusive right) the occupier has the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.
2
In this paragraph “ground game” means hares and rabbits.
The Agriculture (Scotland) Act 1948
2
1
Notwithstanding the provisions of section 50(1)(a) of the M2Agriculture (Scotland) Act 1948, it shall not be unlawful for the owner of the shooting rights on any land or any person holding those rights from him, or subject to sub-paragraph (2) below the occupier of any land, to use a firearm for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise.
2
The occupier of any land shall not use a firearm as mentioned in sub-paragraph (1) above unless (except where he has the exclusive right) he has first obtained the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.
3
An occupier who is entitled, in terms of this paragraph, to use a firearm for the purpose of killing ground game may, subject to the provisions of section 1 of the Ground Game Act 1880, authorise one other person so to use a firearm.
4
In this paragraph “ground game” means hares and rabbits.
The Dogs (Protection of Livestock) Act 1953
X13
1
At the end of subsection (2) of section 1 of the M3 Dogs (Protection of Livestock) Act 1953 (penalty where dog worries livestock on agricultural land) there shall be inserted the words
or
c
being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep
2
After that subsection there shall be inserted the following subsection—
2A
Subsection (2)(c) of this section shall not apply in relation to—
a
a dog owned by, or in charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either of those persons ; or
b
a police dog, a guide dog, a trained sheep dog, a working gun dog or a pack of hounds.
The Deer Act 1963
F16X24
For subsection (3) of section 10 of the M4 Deer Act 1963 (general exceptions) there shall be substituted the following subsections—
3
A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of any smooth-bore gun for the purpose of killing any deer if he shows that the deer had been so seriously injured otherwise than by his unlawful act or was in such a condition that to kill it was an act of mercy.
4
A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use as a slaughtering instrument, for the purpose of killing any deer, of a smooth-bore gun which—
a
is of not less gauge than 12 bore ;
b
has a barrel less than 24 inches (609.6 millimetres) in length ; and
c
is loaded with a cartridge purporting to contain shot none of which is less than .203 inches (5.16 millimetres) in diameter (that is to say, size AAA or any larger size).
F17X35
1
After section 10 of that Act there shall be inserted the following section—
10A Exceptions for authorised persons.
1
Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of—
a
the taking of killing of any deer by means of shooting ; or
b
the injuring of any deer by means of shooting in an attempt to take or kill it,
on any cultivated land, pasture or enclosed woodland.
2
Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of—
a
the taking or killing of any deer by means of shooting ; or
b
the injuring of any deer by means of shooting in an attempt to take or kill it,
on any cultivated land, pasture or enclosed woodland.
2
Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use, for the purpose of taking or killing any deer on any land, of any smooth-bore gun of not less guage than 12 bore which is loaded with—
a
a cartridge containing a single non-spherical projectile weighing not less than 350 grains (22.68 grammes) ; or
b
a cartridge purporting to contain shot each of which is .203 inches (5.16 millimetres) in diameter (that is to say, size AAA).
3
An authorised person shall not be entitled to rely on the defence provided by subsection (1) or (2) of this section as respects anything done in relation to any deer on any land unless he shows that—
a
he had reasonable grounds for believing that caused, damage to crops, vegetables, fruit, growing timber or any other form of property on the land ;
b
it was likely that further damage would be so caused and any such damage was likely to be serious ; and
c
his action was necessary for the purpose of preventing any such damage.
4
The Secretary of State and the agriculture Minister acting jointly may by order, either generally or in relation to any area or any species and description of deer specified in the order, repeal subsection (2) of this section or amend it by adding any firearm or ammunition or by altering the description of, or deleting, any firearm or ammunition mentioned in it, or by adding any further conditions which must be satisfied.
5
Before making an order under subsection (4) of this section, the Secretary of State and the agriculture Minister shall consult organisations that appear to them to represent persons likely to be interested in or affected by the order.
6
In this section—
“agriculture Minister” means the Minister of Agriculture Fisheries and Food in relation to England and the Secretary of State for Wales in relation to Wales ;
“authorised person”means—
a
the occupier of the land on which the action is taken ;
b
any member of the occupier’s household normally resident on the occupier’s land, acting with the written authority of the occupier ;
c
any person in the ordinary service of the occupier on the occupier’s land, acting with the written authority of the occupier ; or
d
any person having the right to take or kill deer on the land on which the action is taken or any person acting with the written authority of a person having that right.
2
In sections 1(1) and 3(1) of that Act for the words “sections 10 and 11” there shall be substituted the words “sections 10, 10A and 11”.
3
For subsection (1) of section 12 of that Act (orders) there shall be substituted the following subsections—
1
Any power to make orders under this Act shall be exercisable by statutory instrument.
1A
A statutory instrument containing an order under section 1(2) or 3(4) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
1B
No order under section 10A(4) of this Act shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
F18X46
1
In paragraph 1 of Schedule 2 to that Act (prohibited firearms and ammunition) the words “of less guage than 12 bore” shall be omitted.
2
In paragraph 4 of that Schedule the words from “other than” onwards shall be omitted.
The Conservation of Seals Act 1970
X57
1
In subsection (1)(c) of section 10 of the M5Conservation of Seals Act 1970 (power to grant licences), the word “or” immediately following sub-paragraph (ii) shall be omitted and after sub-paragraph (iii) there shall be inserted the words
or
iv
the protection of flora or fauna in an area to which subsection (4) of this section applies,
2
In subsection (3)(b) of that section for the words from “a nature reserve” onwards there shall substituted the words “an area to which subsection (4) of this section applies”.
3
After subsection (3) of that section there shall be inserted the following subsection—
4
This subsection applies to any area which—
a
is a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 ;
b
has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest) ;
c
is an area to which section 29(3) of that Act (special protection for certain areas of special scientific interest) applies ; or
d
has been designated as a marine nature reserve under section 36 of that Act.
The Badgers Act 1973
F198
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F209
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2211
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 8 Plants which are Protected
Entry in Sch. 8 added by S.I. 1988/288, art. 3
Entries in Sch. 8 removed (29.10.1992) by S.I. 1992/2350, art. 3(2)
Entries in Sch. 8 added (29.10.1992) by S.I. 1992/2350, art. 3(1)
Entries in Sch. 8 added (16.4.1998) by S.I. 1998/878, art. 3
Common name | Scientific name |
|---|---|
F24Adder’s-tongue, Least | F24Ophioglossum lusitanicum |
Alison, Small | Alyssum alyssoides |
Broomrape, Bedstraw | Orobanche caryophyllacea |
Broomrape, Oxtongue | Orobanche loricata |
Broomrape, Thistle | Orobanche reticulata |
F24Cabbage, Lundy | F24Rhynchosinapis wrightii |
Calamint, Wood | Calamintha sylvatica |
Catchfly, Alpine | Lychnis alpina |
Cinquefoil, Rock | Potentilla rupestris |
Club-rush, Triangular | Scirpus triquetrus |
F24Colt’s-foot, Purple | F24Homogyne alpina |
Cotoneaster, Wild | Cotoneaster integerrimus |
F24Cottongrass, Slender | F24Eriophorum gracile |
Cow-wheat, Field | Melampyrum arvense |
F24Crocus, Sand | F24Romulea columnae |
Cudweed, Jersey | Gnaphalium luteoalbum |
F24Cudweed, Red-tipped | F24Filago lutescens |
Diapensia | Diapensia lapponica |
Eryngo, Field | Eryngium campestre |
Fern, Dickie’s Bladder | Cystopteris dickieana |
Fern, Killarney | Trichomanes speciosum |
F24Fleabane, Alpine | F24Erigeron borealis |
F24Fleabane, Small | F24Pulicaria vulgaris |
Galingale, Brown | Cyperus fuscus |
Gentian, Alpine | Gentiana nivalis |
F24Gentian, Fringed | F24Gentianella ciliata |
Gentian, Spring | Gentiana verna |
F24Germander, Cut-leaved | F24Teucrium botrys |
Germander, Water | Teucrium scordium |
Gladiolus, Wild | Gladiolus illyricus |
F24Goosefoot, Stinking | F24Chenopodium vulvaria |
F24Grass-poly | F24Lythrum hyssopifolia |
Hare’s-ear, Sickle-leaved | Bupleurum falcatum |
Hare’s-ear, Small | Bupleurum baldense |
F24Hawk’s-beard, Stinking | F24Crepis foetida |
Heath, Blue | Phyllodoce caerulea |
Helleborine, Red | Cephalanthera rubra |
F24Helleborine, Young’s | F24Epipactis youngiana |
F24Horsetail, Branched | F24Equisetum ramosissimum |
F24Hound’s-tongue, Green | F24Cynoglossum germanicum |
Knawel, Perennial | Scleranthus perennis |
Knotgrass, Sea | Polygonum maritimum |
Lady’s-slipper | Cypripedium calceolus |
F27. | F27. |
F27. | |
Leek, Round-headed | Allium sphaerocephalon |
Lettuce, Least | Lactuca saligna |
Lily, Snowdon | Lloydia serotina |
Marsh-mallow, Rough | Althaea hirsuta |
F24Marshwort, Creeping | F24Apium repens |
F24Milk-parsley, Cambridge | F24Selinum carvifolia |
F24Naiad, Holly-leaved | F24Najas marina |
Orchid, Early Spider | Ophryas sphegodes |
Orchid, Fen | Liparis loeselii |
Orchid, Ghost | Epipogium aphyllum |
Orchid, Late Spider | Ophrys fuciflora |
Orchid, Lizard | Himantoglossum hircinum |
Orchid, Military | Orchis militaris |
Orchid, Monkey | Orchis simia |
Pear, Plymouth | Pyrus cordata |
F24Pennyroyal | F24Mentha pulegium |
F24Pigmyweed | F24Crassula aquatica |
Pink, Cheddar | Dianthus gratianopolitanus |
Pink, Childling | Petroraghia nanteuilii |
F24Ragwort, Fen | F24Senecio paludosus |
F24Ramping-fumitory, Martin’s | F24Fumaria martinii |
F24Restharrow, Small | F24Ononis reclinata |
F24Rock-cress, Alpine | F24Arabis alpina |
F24Rock-cress, Bristol | F24Arabis stricta |
Sandwort, Norwegian | Arenaria norvegica |
Sandwort, Teesdale | Minuartia stricta |
Saxifrage, Drooping | Saxifraga cernua |
Saxifrage, Tufted | Saxifraga cespitosa |
Solomon’s-seal, Whorled | Polygonatum verticillatum |
Sow-thistle, Alpine | Cicerbita alpina |
Spearwort, Adder’s-tongue | Ranunculus ophioglossifolius |
F24Speedwell, Fingered | F24Veronica triphyllos |
Speedwell, Spiked | Veronica spicata |
F27. | F27. |
F24Star-of-Bethlehem, Early | F24Gagea bohemica |
Starfruit | Damasonium alisma |
F24Stonewort, Foxtail | F24Lamprothamnium papulosum |
F24Strapwort | F24Corrigiola litoralis |
Violet, Fen | Viola persicifolia |
F24Viper’s-grass | F24Scorzonera humilis |
Water-plantain, Ribbon leaved | Alisma gramineum |
Wood-sedge, Starved | Carex depauperata |
Woodsia, Alpine | Woodsia alpina |
Woodsia, Oblong | Woodsia ilvensis |
Wormwood, Field | Artemisia campestris |
Woundwort, Downy | Stachys germanica |
Woundwort, Limestone | Stachys alpina |
Yellow-rattle, Greater | Rhinanthus serotinus |
[F26Blackwort] | [F26Southbya nigrella] |
[F26Caloplaca, Snow] | [F26Caloplaca nivalis] |
[F26Catapyrenium, Tree] | [F26Catapyrenium psoromoides] |
[F26Catillaria, Laurer’s] | [F26Catellaria laurei] |
[F26Centaury, Slender] | [F26Centaurium tenuiflorum] |
[F26Cladonia, Upright Mountain] | [F26Cladonia stricta] |
[F26Clary, Meadow] | [F26Salvia pratensis] |
[F26Crystalwort, Lizard] | [F26Riccia bifurca] |
[F26Cudweed, Broad-leaved] | [F26Filago pryamidata] |
[F26Dock, Shore] | [F26Rumex rupestris] |
[F26Earwort, Marsh] | [F26Jamesoniella undulifolia] |
[F26Flapwort, Norfolk] | [F26Leiocolea rutheana] |
[F26Frostwort, Pointed] | [F26Gymnomitrion apiculatum] |
[F26Gentian, Dune] | [F26Gentianella uliginosa] |
[F26Gentian, Early] | [F26 Gentianella anglica] |
[F26Grimmia, Blunt-leaved] | [F26Grimmia unicolor] |
[F26Gyalecta, Elm] | [F26Gyalecta ulmi] |
[F26Hawkweed, Northroe] | [F26Hieracium northroense] |
[F26 Hawkweed, Shetland] | [F26Hieracium zetlandicum] |
[F26Hawkweed, Weak-leaved] | [F26Hieracium attenuatifolium] |
[F26Lecanactis, Churchyard] | [F26Lecanactis hemisphaerica] |
[F26Lecanora, Tarn] | [F26Lecanora archariana] |
[F26 Lecidea, Copper] | [F26Lecidea inops] |
[F26Lichen, Arctic Kidney] | [F26Nephroma arcticum] |
[F26Lichen, Ciliate Strap] | [F26Heterodermia leucomelos] |
[F26Lichen, Coralloid Rosette] | [F26Heterodermia propagulifera] |
[F26Lichen, Ear-lobed Dog] | [F26 Peltigera lepidophora] |
[F26Lichen, Forked Hair] | [F26Bryoria furcellata] |
[F26 Lichen, Golden Hair] | [F26Teloschistes flavicans] |
[F26Lichen, Orange Fruited Elm] | [F26 Caloplaca luteoalba] |
[F26Lichen, River Jelly] | [F26Collema dichotomum] |
[F26Lichen, Scaly Breck] | [F26Squamarina lentigera] |
[F26Lichen, Stary Breck] | [F26 Buellia asterella] |
[F26Liverwort] | [F26 Petallophyllum ralfsi] |
[F26Liverwort, Lindenberg’s Leafy] | [F26Adelanthus lindenbergianus] |
[F26Moss] | [F26Drepanocladius vernicosus] |
[F26Moss, Alpine Copper] | [F26Mielichoferia mielichoferi] |
[F26Moss, Baltic Bog] | [F26Sphagnum balticum] |
[F26Moss, Blue Dew] | [F26Saelania glaucescens] |
[F26Moss, Blunt-leaved Bristle] | [F26Orthotrichum obtusifolium] |
[F26Moss, Bright Green Cave | [F26Cyclodictyon laetevirens] |
[F26Moss, Cordate Beard] | [F26Barbula cordata] |
[F26Moss, Cornish Path] | [F26Ditrichum cornubicum] |
[F26Moss, Derbyshire Feather] | [F26Thamnobryum angustifolium] |
[F26Moss, Dune Thread] | [F26Bryum mamillatum] |
[F26Moss, Glaucous Beard] | [F26Barbula glauca] |
[F26Moss, Green Shield] | [F26Buxbaumia viridis] |
[F26Moss, Hair Silk] | [F26Plagiothecium piliferum] |
[F26Moss, Knothole] | [F26Zygodon forsteri] |
[F26Moss Large Yellow Feather] | [F26Scorpidium turgescens] |
[F26Moss, Millimetre] | [F26Micromitrium tenerum] |
[F26Moss, Multifruited River] | [F26Cryphaea lamyana] |
[F26Moss, Nowell’s Limestone] | [F26Zygodon gracilis] |
[F26Moss, Rigid Apple] | [F26Bartramia stricta] |
[F26Moss, Round-leaved Feather] | [F26Rhynocostegium rotundifolium] |
[F26Moss, Schleicher’s Thread] | [F26Bryum schleicheri] |
[F26Moss, Triangular Pygmy] | { F26Acaulon triquetrum] |
[F26Moss, Vaucher’s Feather] | [F26Hypnum vaucheri] |
[F26Mudwort, Welsh] | [F26Limosella australis] |
[F26Naiad, Slender] | [F26Najas flexilis] |
[F26Orache, Stalked] | [F26Halimione pedunculata] |
[F26Orchid, Lapland Marsh] | [F26Dactylorhiza lapponica] |
[F26Pannaria, Caledonia] | [F26Pannaria ignobilis] |
[F26Parmelia, New Forest] | [F26Parmelia minarum] |
[F26Parmentaria, Oil Stain] | [F26Parmentaria chilensis] |
[F26Penny-cress, Perfoliate] | [F26Thlaspi perfoliatum] |
[F26Pertusaria, Alpine Moss] | [F26Pertusaria bryontha] |
[F26Physcia, Southern Grey] | [F26Physcia tribacioides] |
[F26 Pine, Ground] | [F26Ajuga chamaepitys] |
[F26Plantain , Floating Water] | [F26Luronium natans] |
[F26Pseudocyphellaria, Ragged] | [F26Pseudocyphellaria lacerata] |
[F26 Psora, Rusty Alpine] | [F26Psora rubiformis] |
[F26Rampion, Spiked] | [F26Phyteuma spicatum] |
[F26Rustworth, Western] | [F26Marsupella profunda] |
[F26Saxifrage, Marsh] | [F26Saxifrage hirulus] |
[F26Solenopsora, Serpentine] | [F26Solenopsora liparina] |
[F26Stonewort, Bearded] | [F26Chara canescens] |
[F26Turpswort] | [F26Geocalyx graveolens] |
F25Anomodon, Long-leaved | F25Anomodon longifolius |
F25Beech-lichen, New Forest | F25Enterographa elaborata |
F25Bluebell (in respect of section 13(2) only) | F25Hyacinthoides non-scripta |
F25Bolete, Royal | F25Boletus regius |
F25Cladonia, Convoluted | F25Cladonia convoluta |
F25Cut-grass | F25Leersia oryzoides |
F25Deptford Pink ( in respect of England and Wales only) | F25Dianthus armeria |
F25Feather-moss, Polar | F25Hygrohypnum polare |
F25Stack Fleawort, South | F25Tephroseris integrifolia (ssp maritima) |
F25Fungus, Hedgehog | F25Hericium erinaceum |
F25Goblin Lights | F25Catolechia wahlenbergii |
F25Spike-rush, Dwarf | F25Eleocharis parvula |
F25Moss, Flamingo | F25Desmatodon cernuus |
F25Polypore, Oak | F25Buglossoporus pulvinus |
F25Puffball, Sandy Stilt | F25Battarraea phalloides |
F25Sulphur-tresses, Alpine | F25Alectoria ochroleuca |
F25Threadmoss, Long-leaved | F25Bryum neodamense |
Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
SCHEDULE 9 Animals and plants to which section 14 applies
Part I Animals which are established in the wild
Entries in Sch. 9 Pt. I added (17.3.1992) by S.I. 1992/320, art. 2.
Entry in Sch. 9 Pt. I added (5.3.1997) by S.I. 1997/226, art. 2
Entries in Sch. 9 Pt. I added (28.4.1999) by S.I. 1999/1002, art. 2
Entry in Sch. 9 Pt. I added (25.11.1992) by S.I. 1992/2674, art. 2.
Common name | Scientific name |
|---|---|
Bass, Large-mouthed Black | Micropterus salmoides |
Bass, Rock | Ambloplites rupestris |
Bitterling | Rhodeus sericeus |
Budgerigar | Melopsittacus undulatus |
Capercaillie | Tetrao urogallus |
Coypu | Myocastor coypus |
F28Crayfish, Noble | F28Astacus astacus |
F28Crayfish, Signal | F28Pacifastacus leniusculus |
F28Crayfish, Turkish | F28Astacus leptodactylus |
F29Deer, Muntjac | F29Muntiacus reevesi |
F28Deer, Sika | F28Cervus nippon |
F30 Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer | F30 Any hybrid of Cervus nippon |
F30 With respect to the Outer Hebrides and the isalnds of Aaran, Islay, Jura and Rum - (a)Deer, Cervus(allspecies) | F30 Cervus |
F30 (b)Deer, any hybrid one of whose parents or other lineal ancestor was a species of Cervus Deer | F30 Any hybrid of the genus Cervus |
Dormouse, Fat | Glis glis |
Duck, Carolina Wood | Aix sponsa |
Duck, Mandarin | Aix galericulata |
Duck, Ruddy | Oxyura jamaicensis |
Eagle, White-tailed | Haliaetus albicilla |
F28Flatworm, New Zealand | F28Artiposthia triangulata |
Frog, Edible | Rana esculenta |
Frog, European Tree (otherwise known as Common tree frog) | Hyla arborea |
Frog, Marsh | Rana ridibunda |
Gerbil, Mongolian | Meriones unguiculatus |
Goose, Canada | Branta canadensis |
Goose, Egyptian | Alopochen aegyptiacus |
Heron, Night | Nycticorax nycticorax |
Lizard, Common Wall | Podarcis muralis |
Marmot, Prairie (otherwise known as Prairie dog) | Cynomys |
Mink, American | Mustela vison |
Newt, Alpine | Triturus alpestris |
F28Newt, Italian Crested | F28Triturus carnifex |
F31Owl, Barn | F31Tyto alba |
Parakeet, Ring-necked | Psittacula krameri |
Partridge, Chukar | Alectoris chukar |
Partridge, Rock | Alectoris graeca |
Pheasant, Golden | Chrysolophus pictus |
Pheasant, Lady Amherst’s | Chrysolophus amherstiae |
Pheasant, Reeves’ | Syrmaticus reevesii |
Pheasant, Silver | Lophura nycthemera |
Porcupine, Crested | Hystrix cristata |
Porcupine, Himalayan | Hystrix hodgsonii |
Pumpkinseed (otherwise known as Sun-fish or Pond-perch) | Lepomis gibbosus |
Quail, Bobwhite | Colinus virginianus |
Rat, Black | Rattus rattus |
F28Snake, Aesculapian | F28Elaphe longissima |
Squirrel, Grey | Sciurus carolinensis |
Terrapin, European Pond | Emys orbicularis |
Toad, African Clawed | Xenopus laevis |
Toad, Midwife | Alytes obstetricans |
Toad, Yellow-bellied | Bombina variegata |
Wallaby, Red-necked | Macropus rufogriseus |
Wels (otherwise known as European catfish) | Silurus glanis |
Zander | Stizostedion lucioperca |
Part II Plants
Words in Sch. 9 Pt. II added (17.3.1992) by S.I. 1992/320, art. 3
Common name | Scientific name |
|---|---|
Hogweed, Giant | Heracleum mantegazzianum |
Kelp, Giant | Macrocystis pyrifera |
Knotweed, Japanese | Polygonum cuspidatum |
Seaweed, Japanese | Sargassum muticum |
[F32Kelp, Giant] | [F32Macrocystis angustifolia] |
[F32Kelp, Giant] | [F32Macrocystis integrifolia] |
[F32Kelp, Giant] | [F32Macrocystis laevis] |
[F32Kelp, Japanese] | [F32Laminaria japonica] |
[F32Seafingers, Green] | [F32Codium fragile tomentosoides] |
[F32Seaweed, Californian Red] | [F32Pikea californica] |
[F32Seaweed, Hooked Asparagus] | [F32Asparagopsis armata] |
[F32Seaweeds, Laver (except native species)] | [F32Porphyra spp except -] |
[F32p. amethystea] | |
[F32p. leucosticta] | |
[F32p. linearis] | |
[F32p. miniata] | |
[F32p. purpurea] | |
[F32p. umbilicalis] | |
[F32Wakame] | [F32Undaria pinnatifida] |
Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
X6SCHEDULE 10 Amendment of the Endangered Species (Import and Export) Act 1976
The text of Sch. 7 paras. 3-12 and Sch. 10 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.
Part I The Amendments
Licences
1
1
After subsection (3) of section 1 of the 1976 Act (restriction on importation and exportation of certain animals and plants) there shall be inserted the following subsections—
3A
Subsection (3) above shall not apply in relation to an application of any description if the scientific authority concerned has advised the Secretary of State as to whether licences should be issued in pursuance of applications of that description and, if so, their terms.
3B
Where the Secretary of State is satisfied that the issue of a licence authorising the importation or exportation of any item which—
a
is part of or derives from or is made wholly or partly from an animal of any of the kinds to which Schedule 1 or a plant of any of the kinds to which Schedule 2 to this Act for the time being applies ; but
b
is not an item to which Schedule 3 to this Act for the time being applies.
would facilitate the importation or exportation of that item, he may, if he considers it expedient to do so, issue such a licence.
2
In subsections (4), (5), (6) and (7) of that section after the words “subsection (2)” there shall be inserted the words “or (3B)”.
3
In subsection (4) of that section after paragraph (a) there shall be inserted the following paragraphs—
aa
may be issued either to all persons, to persons of a class or to a particular person ;
ab
may be subject to compliance with any specified conditions,
Expenses of returning animals and plants to the wild
2
After subsection (8) of section 1 of the 1976 Act there shall be inserted the following subsection—
9
Where, in the case of a live animal or a plant of any kind which is condemned or deemed to be condemned as forfeited, the Commissioners of Customs and Excise incur any expenses in connection with, or with a view to—
a
its return to the wild ; or
b
its being kept at premises (whether within or outside the United Kingdom) which are suitable for the keeping of animals or plants of that kind,
those expenses may be recovered, as a debt due to the Crown, from the importer or intending exporter of the animal or plant or any person possessing or having control of it at the time of its seizure.
In this subsection expressions which are also used in the Customs and Excise Management Act 1979 have the same meanings as in that Act.
Powers of entry
3
After the subsection inserted by paragraph 2 as subsection (9) of section 1 of the 1976 Act there shall be inserted the following subsections—
10
Any person duly 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 so authorised, enter any premises where animals of any of the kinds to which Schedule 1 or plants of any of the kinds to which Schedlule 2 to this Act for the time being applies are kept (whether temporarily or permanently) in order to ascertain whether any of the animals or plants kept there have been imported contrary to this section.
11
Any person who wilfully obstructs a person acting under subsection (10) above shall be liable on summary conviction to a fine not exceeding £200.
Power to modify Schedules
4
1
In paragraph (c) of section 3 of the 1976 Act (power to modify Schedules) after the word “conservation” there shall be inserted the words “in any area” and after the word “endangered” there shall be inserted the word “there”.
2
After paragraph (d) of that section there shall be inserted the following paragraph—
dd
to restrict the importation of animals or plants of any kind which appear to the Secretary of State to be unlikely to survive for any appreciable time if they are kept in the United Kingdom ;
Sale of certain animals or plants or their derivatives
5
1
In subsection (1) of section 4 of the 1976 Act (offences to sell etc. things imported contrary to section 1 or their derivatives) for the words “Subject to subsection (2)” there shall be substituted the words “Subject to subsections (1B) and (2)”, after the words “has in his possession” there shall be inserted the words “or transports” and the words “and in the following provisions” onwards shall be omitted.
2
After that subsection there shall be inserted the following subsections—
1A
Subject to subsections (1B) and (2) below, a person who sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale—
a
a live or dead animal of any of the kinds to which Schedule 4 to this Act for the time being applies or an egg or other immature stage of such an animal ;
b
a live or dead plant of any of the kinds to which Schedule 5 to this Act for the time being applies ; or
c
any part of or anything which derives from or is made wholly or partly from anything referred to in paragraph (a) or (b) above,
shall be guilty of an offence ; but nothing in this subsection shall apply in relation to anything falling within subsection (1) above or anything which has been imported, or is a part of or derives from or is made wholly or partly from anything which has been imported, before the passing of the Wildlife and Countryside Act 1981.
1B
Subsections (1) and (1A) above do not apply to anything done under and in accordance with the terms of a licence issued by the Secretary of State ; and subsections (4) to (7) of section 1 above shall apply in relation to a licence issued under this subsection as they apply in relation to a licence issued under subsection (2) of that section.
1C
In the following provisions of this section “restricted article” means anything falling within subsection (1) or (1A) above.
3
In subsection (2) of that section after the words “subsection (1)” there shall be inserted the words “or (1A)”.
4
In subsection (5) of that section after the words “subsection (1)” there shall be inserted the words “, (1A)”.
5
In subsection (6) of that section after the words “references to” there shall be inserted the word “hire”.
6
After Schedule 3 to the 1976 Act there shall be inserted as Schedule 4 the Schedule set out in Part II of this Schedule.
7
After the Schedule inserted in the 1976 Act by sub-paragraph (6) there shall be inserted as Schedule 5 the Schedule set out in Part III of this Schedule.
Part II Schedule inserted as Schedule 4
SCHEDULE 4 Animals the Sale etc. of Which is Restricted
This Schedule applies to the following kinds of animals, namely—
MAMMALS
1
The kinds of mammal specified in the first column below—
Marsupials
Kind | Common name |
|---|---|
Bettongia | Rat kangaroo |
Caloprymnus campestris | Desert rat-kangaroo |
Lagorchestes hirsutus | Western hare-wallaby |
Lagostrophus fasciatus | Banded hare-wallaby |
Onychogalea fraenata | Bridle nail-tailed wallaby |
Onychogalea lunata | Crescent nail-tailed wallaby |
Lasiorhinus krefftii | Queensland hairy-nosed wombat |
Chaeropus ecaudatus | Pig-footed bandicoot |
Macrotis lagotis | Rabbit-bandicoot |
Macrotis leucara | Lesser rabbit-bandicoot |
Perameles bougainville | Western barred bandicoot |
Sminthopsis longicaudata | Long-tailed dunnart |
Sminthopsis psammophila | Sandhill dunnart |
Thylacinus cynocephalus | Tasmanian wolf |
Primates
Allocebus | Hairy-eared dwarf lemur |
Cheirogaleus | Dwarf lemurs |
Hapalemur | Gentle lemurs |
Lemur | Lemurs |
Lepilemur | Sportive and weasel lemurs |
Microcebus | Mouse lemurs |
Phaner | Fork-marked mouse lemurs |
Avahi | Avahis (otherwise known as Woolly indris) |
Indri | Indris |
Propithecus | Sifakas |
Daubentonia madagascariensis | Aye-aye |
Callimico goeldii | Goeldi’s marmoset (otherwise known as Goeldi’s tamarin) |
Callithrix aurita | White eared marmoset |
Callithrix flaviceps | Buff-headed marmoset |
Leontopithecus | Maned tamarin (otherwise known as Golden tamarin) |
Saguinus bicolor | Pied tamarin |
Saguinus geoffroyi | Geoffroy’s tamarin |
Saguinus leucopus | White-footed tamarin |
Saguinus oedipus | Cotton-headed tamarin |
Alouatta palliata (otherwise known as Alouatta villosa) | Mantled howler |
Ateles geoffroyi frontatus | Black-browed spider monkey |
Ateles geoffroyi panamensis | Red spider monkey |
Brachyteles arachnoides | Woolly spider monkey |
Cacajao | Uakaris |
Chiropotes albinasus | White-nosed saki |
Saimiri oerstedii | Red-backed squirrel monkey |
Cercocebus galeritus galeritus | Tana River mangabey |
Cercopithecus diana | Diana monkey |
Colobus badius kirkii | Kirk’s red colobus (otherwise known as Zanzibar red colobus) |
Colobus badius rufomitratus | Tana River red colobus |
Macaca silenus | Lion-tailed macaque |
Nasalis larvatus | Proboscis monkey |
Papio leucophaeus (otherwise known as Mandrillus leucophaeus) | Drill |
Papio sphinx (otherwise known as Mandrillus sphinx) | Mandrill |
Presbytis entellus | Langur (otherwise known as Entellus langur or True langur) |
Presbytis geei | Golden langur |
Presbytis pileatus | Caped langur |
Presbytis potenziani | Mentawi leaf monkey |
Pygathrix nemaeus | Douc langur |
Rhinopithecus roxellanae | Snub-nosed langur |
Simias concolor | Mentawi snub-nosed langur |
Hybolates | Gibbons |
Symphalangus syndactylus | Siamang |
Pongidae | Great apes |
Edentates
Pridontes giganteus (otherwise known as Priodontes maximus) | Giant armadillo |
Pangolins
Manis temmincki | South African pangolin |
Rabbits and hares
Caprolagus hispidus | Assam rabbit (otherwise known as Hispid hare) |
Romerolagus diazi | Volcano rabbit |
Rodents
Cynomys mexicanus | Mexican prairie marmot |
Leporillus conditor | Australian sticknest rat |
Pseudomys fumeus | Smoky mouse |
Pseudomys praeconis | Shark Bay mouse |
Xeromys myoides | False water rat |
Zyzomys pendunculatus | Central thick-tailed rat |
Chinchilla (except any domestic form of Chinchilla laniger) | Chinchilla |
Cetaceans
Lipotes vexillifer | Chinese river dolphin |
Physter catodon (otherwise known as Physeter macrocephalus) | Sperm whale |
Platanista gangetica | Ganges dolphin |
Platanista minor | Indus river dolpin |
Sotalia | Humpbacked dolphins |
Sousa | Humpacked dolphins |
Neophocaena phocaenoides | Finless porpoise |
Phocoena sinus | Cochito |
Balaena mysticetus | Greenland right whale (otherwise known as Bowhead whale) |
Balaenoptera borealis | Sei whale |
Balaenoptera musculus | Blue whale |
Balaenoptera physalus | Common rorqual |
Eschrichtius | Grey whales |
Eubalaena | Right whales |
Megaptera novaeangliae | Humpback whale |
Carnivores
Spethos venaticus | Bush dog |
Vulpes velox hebes | Northern kit fox |
Helarctos malayanus | Sun bear |
Selenarctos thibetanus | Asiatic black bear |
Tremarctos ornatus | Spectacled bear |
Ursus arctos isabellinus | Brown bear |
Ursus arctos nelsoni | Mexican brown bear |
Ursus arctos pruinosus | Tibetan brown bear |
Aonyx microdon | Cameroon clawless otter |
Enhydra lutris nereis | Southern sea otter |
Lutra felina | Marine otter |
Lutra longicaudis | South American otter |
Lutra lutra | Eurasian otter |
Lutra provocax | Southern river otter |
Mustela nigripes | Black-footed ferret |
Pteronura brasiliensis | Giant otter |
Prionodon pardicolor | Spotted linsang |
Hyaena brunnea | Brown hyaena |
Acinonyx jubatus | Cheetah |
Felis bengalensis bengalensis | Leopard cat |
Felis concolor coryi | Florida puma |
Felis concolor costaricensis | Costa Rica puma |
Felis concolor cougar | Eastern puma |
Felis jacobita | Andean cat |
Felis rufa escuinapae | Mexican bobcat |
Felis marmorata | Marbled cat |
Felis nigripes | Black-footed cat |
Felis pardalis mearnsi | Costa Rica ocelot |
Felis pardalis mitis | Brazilian ocelot |
Felis planiceps | Flat-headed cat |
Felis rubiginosa | Rusty spotted cat |
Felis temmincki | Asiatic golden cat |
Felis tigrina oncilla | Little spotted cat |
Felis wiedii nicaraguae | Nicaraguan margay |
Felis wiedii salvinia | Guatemalan margay |
Felis yagouaroundi cacomitli | Jaguarundi |
Felis yagouaroundi fossata | Jaguarundi |
Felis yagouaroundi panamensis | Jaguarundi |
Felis yagouaroundi tolteca | Jaguarundi |
Neofelis nebulosa | Clouded leopard |
Panthera leo persica | Asiatic lion |
Panthera onca | Jaguar |
Panthera pardus | Leopard |
Panthera tigris | Tiger |
Panthera uncia | Snow leopard |
Seals
Arcocephalus townsendi | Guadelupe fur seal |
Monachus | Monk seals |
Elephants
Elephas maximus | Asian elephant |
Sea-cows
Dugong dugon | Dugong (otherwise known as Sea-cow) |
Trichechus inunguis | Amazonian manatee |
Trichechus manatus | West Indian manatee |
Odd-toed ungulates
Equus grevyi | Grevy’s zebra |
Equus hemionus hemionus | Mongolian wild ass |
Equus hemionus khur | Indian wild ass |
Equus przewalskii | Przewalski’s horse |
Equus zebra zebra | Cape mountain zebra |
Tapirus bairdii | Central American tapir |
Tapirus indicus | Malayan tapir (otherwise known as Indian tapir) |
Tapirus pinchaque | Mountain tapir (otherwise known as Woolly tapir) |
Rhinocerotidae | Rhinoceroses |
Even-toed ungulates
Babyrousa babyrussa | Babirusa |
Sus salvanius | Pygmy hog |
Vicugna vicugna | Calamian deer |
Axis kuhli | Bawean deer |
Axis porcinus annamiticus | Thai hog deer |
Blastocerus dichotomus | Marsh deer |
Cervus duvauceli | Swamp deer |
Cervus elaphus hanglu | Kashmir stag (otherwise known as Hanglu) |
Cervus eldi | Brow-antlered deer |
Dama mesopotamica | Persian fallow deer |
Hippocamelus antisiensis | Peruvian huemal |
Hippocamelus bisulcus | Chilean huemal |
Moschus moschiferus moschiferus | Himalayan musk deer |
Ozotoceros bezoarticus | Pampas deer |
Pudu pudu | Chilean pudu |
Antilocapra americana peninsularis | Lower California pronghorn |
Antilocapra americana sonoriensis | Sonoran pronghorn |
Bison bison athabascae | Wood bison |
Bos gaurus | Gaur |
Bos mutus | Wild yak |
Bubulas depressicornis | Lowland anoa |
Bubalus mindorensis | Tamaraw |
Bubalus quarlesi | Mountain anoa |
Capra falconeri chiltanensis | Markhor |
Capra falconeri jerdoni | Markhor |
Capra falconeri megaceros | Markhor |
Capricornis sumatraensis | Serow |
Hippotragus niger variani | Giant sable antelope |
Nemorhaedua goral | Goral |
Novibos sauveli | Koupray |
Oryx leucoryx | Arabian oryx |
Ovis ammon hodgsoni | Great Tibetan sheep |
Ovis orientalis ophion | Cyprian mouflon |
Ovis vignei | Urial |
Pantholops hodgsoni | Tibetan antelope |
Rupicapra rupicapra ornata | Abrussi chamois |
BIRDS
2
The kinds of bird specified in the first column below—
Rheas
Pterocnemia pennata | Lesser rhea |
Tinamous
Tinamus solitarius | Solitary tinamou |
Penguins
Spheniscus humboldti | Humboldt penguin |
Grebes
Podilymbus gigas | Atitlan grebe |
Albatrosses
Diomedea albatrus | Short-tailed albatross |
Pelican-like birds
Sula abbotti | Abbot’s booby |
Fregata andrewsi | Christmas Island frigatebird |
Storks
Ciconia ciconia boyciana | Japanese white stork |
Geronticus eremita | Bald ibis |
Nipponia nippon | Japanese crested ibis |
Waterfowl
Anas aucklandica nesiotis | Campbell Island Flightless teal |
Anas laysanensis | Laysan duck |
Anas oustaleti | Marianas Island duck (otherwise known as Marianas Mallard) |
Branta canadensis leucopareia | Aleutian Canada goose |
Branta sandvicensis | Hawaiian goose (otherwise known as Nene) |
Cairina scutulata | White winged wood duck |
Rhodonessa caryophyllacea | Pink-headed duck |
Diurnal Birds of Prey
Cathartidae | New world vultures |
Pandion haliaetus | Osprey |
Accipitridae | True hawks |
Sagittarius serpentarius | Secretary bird |
Falconidae | Falcons |
Gamebirds
Aburria jacutinga | Black-fronted curassow (otherwise known as Black-fronted guan) |
Aburria pipile | White-headed curassow (otherwise known as Piping guan) |
Catreus wallichii | Cheer pheasant |
Colinus virginianus ridgwayi | Masked bobwhite |
Crax blumenbachii | Red-billed curassow |
Crax mitu | Razor-billed curassow |
Crossoptilon crossoptilon | White Eared-pheasant |
Crossoptilon mantchuricum | Brown Eared-pheasant |
Lophophorus impejanus | Himalayan monal |
Lophophorus lhuysii | Chinese monal |
Lophophorus sclateri | Sclater’s monal |
Lophura edwardsi | Edward’s pheasant |
Lophura imperialis | Imperial pheasant |
Lophura swinhoei | Swinhoe’s pheasant |
Macrocephalon maleo | Maleo Fowl |
Oreophasis derbianus | Horned guan |
Penelope albipennis | White-winged guan |
Polyplectron emphanum | Palawan peacock pheasant |
Syrmaticus ellioti | Elliot’s pheasant |
Syrmaticus humiae | Hume’s pheasant (otherwise known as Bar-tailed pheasant) |
Syrmaticus mikado | Mikado pheasant |
Tetraogallus caspius | Caspian snowcock |
Tetraogallus tibetanus | Tibetan snowcock |
Tragopan blythii | Blyth’s tragopan |
Tragopan caboti | Cabot’s tragopan |
Tragopan melanocephalus | Western tragopan |
Tympanuchus cupido attwateri | Attwater’s prairie chicken |
Cranes and rails
Grus americana | Whooping crane |
Grus canadensis nesiotes | Cuban sandhill crane |
Grus canadensis pulla | Mississippi sandhill crane |
Grus japonensis | Manchurian crane (otherwise known as Japanese crane) |
Grus leucogeranus | Siberian White crane |
Grus monacha | Hooded crane |
Grus nigricollis | Black-necked crane |
Grus vipio | White-necked crane (otherwise known as White-naped crane) |
Tricholimnas sylvestris | Lord Howe wood-rail |
Rhynochetos jubatus | Kagu |
Chlamydotis undulata | Houbara bustard |
Choriotis nigriceps (otherwise known as Ardeotis nigriceps) | Great Indian bustard |
Eupodotis bengalensis | Bengal florican |
Waders and Gulls
Numenius borealis | Eskimo curlew |
Tringa guttifer | Spotted greenshank (otherwise known as Nordmann’s greenshank) |
Larus relictus | Relict gull |
Pigeons and doves
Caloenas nicobarica | Nicobar pigeon |
Ducula mindorensis | Mindoro imperial pigeon |
Parrots
Amazona arausiaca | Red-necked parrot (otherwise known as Red-necked amazon) |
Amazona barbadensis | Yellow-shouldered parrot (otherwise known as Yellow-shouldered amazon) |
Amazona brasiliensis | Red-tailed parrot (otherwise known as Red-tailed amazon) |
Amazona guildingii | St. Vincent parrot (otherwise known as St. Vincent amazon) |
Amazona imperialis | Imperial parrot (otherwise known as Imperial amazon) |
Amazona leucocephala | Cuban parrot (otherwise known as Cuban amazon) |
Amazona pretrei | Red-spectacled parrot (otherwise known as Red-spectacled amazon) |
Amazona rhodocorytha(otherwise known as Amazona dufresniana rhodocorytha) | Red-crowned parrot (otherwise known as Red-crowned amazon) |
Amazona versicolor | St Lucia parrot (otherwise known as St Lucia amazon) |
Amazona vinacea | Vinaceous parrot (otherwise known as Vinaceous amazon) |
Amazona vittata | Puerto Rico parrot (otherwise known as Puerto Rican amazon) |
Anodorhynchus glaucus | Glaucous macaw |
Anodorhynchus leari | Lear’s macaw |
Aratinga guaruba | Golden parakeet (otherwise known as Golden conure) |
Cyanopsitta spixii | Spix’s macaw |
Cyanoramphus auriceps forbesi | Forbes’ parakeet |
Cyanoramphus novaezelandiae | Red-fronted parakeet |
Cyclopsitta diophthalma coxeni (otherwise known as Opopsitta diophthalma coxeni) | Coxen’s fig parrot |
Geopsittacus occidentalis | Australian night parrot |
Neophema chrysogaster | Orange-bellied parakeet (otherwise known as Orange-bellied parrot) |
Pezoporus wallicus | Ground parrot |
Pionopsitta pileata | Red-capped parrot (otherwise known as Pileated parrot) |
Psephotus chrysopterygius | Golden-shouldered parakeet (otherwise known as Golden-shouldered parrot or Hooded parakeet) |
Psephotus pulcherrimus | Paradise parrot |
Psittacula echo (otherwise known as Psittacula krameri echo) | Mauritius parakeet (otherwise known as Mauritius ring-necked parakeet) |
Psittacus erithacus princeps | Fernando Po grey parrot |
Pyrrhura cruentata | Blue-throated conure |
Rhynchopsitta pachyrhyncha | Thick-billed parrot |
Rhynchopsitta terrisi | Maroon-fronted parrot |
Strigops habroptilus | Kakapo (otherwise known as Owl parrot) |
Hummingbirds
Ramphodon dohrnii | Hook-billed hermit |
Trogons
Pharomachrus mocinno costaricensis | Costa Rican quetzal (otherwise known as Resplendent quetzal) |
Pharomachrus mocinno mocinno | Magnificent quetzal (otherwise known as Resplendent quetzal) |
Owls
Tytonidae | Barn owls |
Strigidae | Typical owls |
Hornbills
Buceros bicornis (otherwise known as Buceros homrai | Great pied hornbill |
Rhinoplax vigil | Helmeted hornbill |
Woodpeckers
Campephilus imperialis | Imperial woodpecker |
Dryocopus javensis richardsi | Tristram’s woodpecker (otherwise known as White-bellied black woodpecker) |
Songbirds
Cotinga maculata | Banded cotinga |
Xipholena atropurpurea | White-winged cotinga |
Pitta kochi | Koch’s pitta |
Atrichornis clamosa | Noisy scrub-bird |
Leucopsar rothschildi | Rothschild’s mynah |
Dasyornis brachypterus longirostris | Western bristlebird |
Dasyornis broadbenti littoralis | Western rufous bristlebird |
Picathartes gymnocephalus | White-necked rockfowl (otherwise known as Yellow-headed rockfowl or Guinea bear-headed rockfowl) |
Picathartes oreas | Grey-necked rockfowl (otherwise known as Cameroon bare-headed rockfowl or Red-headed rockfowl) |
Zosterops albogularis | White-breasted silver-eye |
Meliphaga cassidix | Helmeted honeyeater |
Spinus cucullatus (otherwise known as Carduelis cucullatus) | Red siskin |
REPTILES
3
The kinds of reptile specified in the first column below—
Crocodilians
Alligator sinensis | Chinese alligator |
Caiman crocodilus apaporiensis | Rio Apaporis caiman (otherwise known as Spectacled caiman) |
Caiman latirostris | Broad-nosed caiman |
Melanosuchus niger | Black caiman |
Crocodylus acutus | American crocodile |
Crocodylus cataphractus | African slender-snouted crocodile (otherwise known as African sharp-nosed crocodile) |
Crocodylus intermedius | Orinoco crocodile |
Crocodylus moreletii | Morelet’s crocodile |
Crocodylus niloticus | Nile crocodile |
Crocodylus novaeguineae mindorensis | Philippine crocodile |
Crocodylus palustris | Mugger (otherwise known as Marsh crocodile or Broad-snouted crocodile) |
Crocodylus porosus | Estuarine crocodile (otherwise known as Salt-water crocodile) |
Crocodylus rhombifer | Cuban crocodile |
Crocodylus siamensis | Siamese crocodile |
Osteolaemus tetraspis | West African dwarf crocodile |
Tomistoma schlegelii | False gharial (otherwise known as False gavial) |
Gavialis gangeticus | Indian gharial (otherwise known as Indian gavial) |
Iguanas
Brachylophus | Fijian iguanas |
Cyclura | Caribbean rock iguanas |
Sauromalus varius | San Esteban Island chuck-walla |
Lizards
Varanus bengalensis | Bengal monitor (otherwise known as Indian monitor or Common monitor) |
Varanus flavescens | Yellow monitor |
Varanus griseus | Desert monitor (otherwise known as Agra monitor or Grey monitor) |
Varanus komodoensis | Komodo dragon |
Snakes
Acrantophis | Madagascar boas |
Bolyeria | Round island boas |
Casarea | Round island boas |
Epicrates inornatus | Yellow tree boa |
Epicrates subflavus | Jamaican boa |
Python molurus molurus | Indian python (otherwise known as Indian rock python) |
Sanzinia madagascariensis | Madagascar boa |
Tuatara
Sphenodon punctatus | Tuatara |
Chelonians
Batagur baska | River terrapin (otherwise known as Tuntong) |
Geoclemys hamiltonii (otherwise known as Damonia hamiltonii) | Black pond turtle (otherwise known as Spotted pond turtle) |
Melanochelys tricarinata (otherwise known as Geoemyda tricarinata or Nicoria tricarinata) | Three-keeled turtle (otherwise known as Three-keeled land tortoise) |
Kachuga tecta tecta | Indian tent turtle (otherwise known as Indian sawback turtle or Roofed turtle or Dura turtle) |
Morenia ocellata | Burmese swamp turtle |
Terrapene coahuila | Aquatic box turtle (otherwise known as Water box turtle) |
Geochelone elephantopus (otherwise known as Testudo elephantopus) | Galapagos giant tortoise |
Geochelone radiata (otherwise known as Testudo radiata) | Radiated tortoise (otherwise known as Rayed tortoise) |
Geochelone yniphora (otherwise known as Testudo yniphora) | Madagascar tortoise (otherwise known as Rayed tortoise or Angonoka) |
Gopherus flavomarginatus (otherwise known as Crophemus polyphemus flavomarginatus) | Mexican gopher tortoise |
Psammobates geometricus (otherwise known as Testudo geometricus) | Geometric tortoise |
Cheloniidae | Sea turtles |
Dermochelys coriacea | Leatherback turtle (otherwise known as Leathery turtle or Luth) |
Lissemys punctata punctata | Indian flap-shelled turtle |
Trionyx ater | Cuatro Cienegas soft-shell turtle (otherwise known as Black soft-shelled turtle) |
Trionyx gangeticus | Ganges soft-shelled turtle (otherwise known as Indian soft-shelled turtle) |
Trionyx hurum | Peacock-marked soft-shelled turtle |
Trionyx nigricans | Dark-coloured soft-shelled turtle |
Pseudemydura umbrina | Short-necked turtle (otherwise known as Western swamp turtle) |
AMPHIBIANS
The kinds of amphibian specified in the first column below—
Andrias davidianus (otherwise known as Megalo batrachus davidianus) | Chinese giant salamander |
Andrias japonicus (otherwise known as Megalobatrachus japonicus) | Japanese giant salamander |
Atelopus varius zeteki | Golden frog (otherwise known as Zetek’s frog) |
Bufo periglenes | Golden toad (otherwise known as Orange toad) |
Bufo superciliaris | Cameroon toad |
Nectophrynoides | Viviparous toads |
FISH
5
The kinds of fish specified in the first column below—
Kind | Common name |
|---|---|
Acipenser brevirostrum | Shortnose sturgeon |
Scleropages formosus | Asiatic bonytongue |
Coregonus alpenae | Longjaw cisco |
Chasmistes cujus | Cui-ui |
Probarbus jullieni | lkan temolek |
Pangasianodon gigas | Giant catfish |
Stizostedion vitreum glaucum | Blue walleye |
Cynoscion macdonaldi | Drum fish |
MOLLUSCS
6
The kinds of mollusc specified below—
Conradilla caelata
Dromus dromas
Epioblasma florentina curtisi (otherwise known as Dysnomia florentina curtisi)
Epioblasma florentina florentina (otherwise known as Dysnomia florentina florentina)
Epioblasma sampsoni (otherwise known as Dysnomia sampsoni)
Epioblasma sulcata perobliqua (otherwise known as Dysnomia sulcata perobliqua)
Epioblasma torulosa gubernaculum (Otherwise known as Dysnomia torulosa gubernaculum)
Epioblasma torulosa torulosa (otherwise known as Dysnomia torulosa torulosa)
Epioblasma turgidula (otherwise known as Dysnomia turgidula)
Epioblasma walkeri (otherwise known as Dysnomia walkeri)
Fusconaia cuneolus
Fusconaia edgariana
Lampsilis higginsi
Lampsilis orbiculata orbiculata
Lampsilis satura
Lampsilis verescens
Plethobasus cicatricosus
Plethobasus cooperianus
Pleurobema plenum
Potamilus capax (otherwise known as Proptera capax)
Quadrula intermedia
Quadrula sparsa
Toxolasma cylindrella (otherwise known as Carunculina cylindrella)
Unio nickliniana (otherwise known as Megalonaias nickliniana)
Unio tampicoensis tecomatensis (otherwise known as Lampsilis tampicoensis tecomatensis)
Villosa trabalis (otherwise known as Micromya trabalis)
NOTE. The second column of this Schedule gives a common name or names, where available, and is included by way of guidance only ; in the event of any dispute or proceedings, only the first column is to be taken into account.
Part III
Schedule inserted as Schedule 5
SCHEDULE 5
Plants the sale etc. of which is restricted
This Schedule applies to the kinds of plant specified in the second column below—
Family | Kind |
|---|---|
Apocynaceae | Pachypodium namaquanum |
Araceae | Alocasia sanderana |
Cactaceae | Ariocarpus agavoides |
Ariocarpus scapharostrus | |
Aztekium ritteri | |
Echinocereus lindsayi | |
Obregonia denegrii | |
Pelecyphora aselliformis | |
Pelecyphora strobiliformis | |
Caryocaraceae | Caryocar costaricense |
Caryophyllaceae | Gymnocarpus przewalskii |
Melandrium mongolicus | |
Silene mongolica | |
Stellaria pulvinata | |
Cupressaceae | Fitzroya cupressoides |
Pilgerodendron uviferum | |
Cycadaceae | Mirocycas calocoma |
Gentianaceae | Prepusa hookeriana |
Humiriaceae | Vantanea barbourii |
Juglandaceae | Engelhardtia pterocarpa |
Leguminosae | Ammopiptanthus mongolicum |
Cynometra hemitomophylla | |
Platymiscium pleiostachyum | |
Tachigalia versicolor | |
Liliaceae | Aloe albida |
Aloe pillansii | |
Aloe polyphylla | |
Aloe thorncropftii | |
Aloe vossii | |
Melastomataceae | Lavoisiera itambana |
Meliaceae | Guarea longipetiola |
Moraceae | Batocarpus costaricensis |
Nepenthaceae | Nepenthes rajah |
Orchidaceae | Cattleya skinneri |
Cattleya trianae | |
Didiciea cunninghamii | |
Laelia jongheana | |
Laelia lobata | |
Lycaste virginalis var alba | |
Peristeria elata | |
Renanthera imschootiana | |
Vanda coerulea | |
Pinaceae | Abies guatemalensis |
Abies nebrodensis | |
Podocarpaceae | Podocarpus costalis |
Podocarpus parlatorei | |
Proteaceae | Orothamnus zeyheri |
Protea odorata | |
Rubiaceae | Balmea stormae |
Sarraceniaceae | Sarracenia alabamensis alabamensis |
Sarracenia jonesii | |
Sarracenia oreophila | |
Saxifragaceae (otherwise known as Grossulariaceae) | Ribes sardoum |
Stangeriaceae | Stangeria eriopus |
Ulmaceae | Celtis aetnensis |
Welwitschiaceae | Welwitschia bainesii |
Zamiaceae | Encephalartos |
Zingiberaceae | Hedychium philippinense |
F46SCHEDULE 10A Delegation of appellate functions
Sch. 10A inserted (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 7
Interpretation
1
In this Schedule—
“appointed person” means a person appointed under section 28F(8) or 28L(10); and
“appointment”, in the case of any appointed person, means appointment under either of those provisions.
Appointments
2
An appointment under section 28F(8) or 28L(10) must be in writing and—
a
may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified;
b
may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and
c
may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal or matter which has not been determined by the appointed person before that time.
Powers of appointed person
3
Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal or matter to which his appointment relates, have the same powers and duties as the Secretary of State, other than—
a
any function of making regulations;
b
any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or
c
any function of appointing a person for the purpose—
i
of enabling persons to appear before and be heard by the person so appointed, or
ii
of referring any question or matter to that person.
Holding of local inquiries and other hearings by appointed persons
4
1
If either of the parties to an appeal or matter expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.
2
Whether or not a party to an appeal or matter has asked for an opportunity to appear and be heard, the appointed person—
a
may hold a local inquiry or other hearing in connection with the appeal or matter, and
b
shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal or matter.
3
Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter.
4
Subject to section 28F(10) or 28L(12), the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.
Revocation of appointments and making of new appointments
5
1
Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal or matter, the Secretary of State shall, unless he proposes to determine the appeal or matter himself, appoint another person under section 28F(8) or 28L(10) to determine the appeal or matter instead.
2
Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh.
3
Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.
Certain acts and omissions of appointed persons to be treated as those of the Secretary of State
6
1
Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State.
2
Sub-paragraph (1) shall not apply—
a
for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or
b
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.
SCHEDULE 11 Procedure in connection with Certain Orders under Part II
Coming into operation
1
1
An original order or a restrictive amending order shall take effect on its being made.
2
It shall be the duty of the Secretary of State to consider every original order or restrictive amending order made by him or a relevant authority, and any such order shall cease to have effect nine months after it is made unless the Secretary of State has previously given notice under paragraph 6 that he has considered it and does not propose to amend or revoke it or he has amended or revoked it or, in the case of an order made by such an authority, the authority has revoked it.
3
An amending or revoking order, other than a restrictive amending order, made by a relevant authority shall be submitted by the authority to the Secretary of State for confirmation and shall not take effect until confirmed by him.
4
Subject to paragraphs 3(1) and 4(4), an amending or revoking order, other than a restrictive amending order, made by the Secretary of State shall not take effect until confirmed by him.
5
An amending or revoking order requiring confirmation shall, by virtue of this sub-paragraph, stand revoked if the Secretary of State gives notice under paragraph 6 that the order is not to be confirmed.
Publicity for orders
2
1
Where an order takes effect immediately, the authority making the order (whether the relevant authority or the Secretary of State) shall give notice—
a
setting out the order or describing its general effect and in either case stating that it has taken effect;
b
naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge at all reasonable hours; and
c
specifying the time (not being less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.
2
Where an order requires confirmation, the authority making the order shall give notice—
a
setting out the order or describing its general effect and in either case stating that it has been made and requires confirmation; and
b
stating in relation to it the matters specified in sub-paragraph (1)(b) and (c).
3
Subject to sub-paragraph (4), the notice to be given under sub-paragraph (1) or (2) shall be given—
a
by publication in the Gazette and also at least one local newspaper circulating in the area in which the land to which the order relates is situated;
b
by serving a like notice on every owner and occupier of any of that land; and
c
in the case of a notice given by the Secretary of State, by serving a like notice on the relevant authority in whose area the land to which the order relates is situated.
4
The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (3)(b); but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.
Unopposed orders
3
1
Where an order made by a relevant authority takes effect immediately and no representations or objections are duly made in respect of it or any so made are withdrawn,—
a
the Secretary of State shall as soon as practicable after considering it decide either to take no action on the order or to make an order amending or revoking it (subject, however, to paragraph 5); and
b
the amending or revoking order shall take effect immediately, but it shall not require confirmation and no representation or objection with respect to it shall be entertained.
2
Where an order requiring confirmation is made and no representations or objections are duly made in respect of it or any so made are withdrawn, the Secretary of State may confirm the order (with or without modifications).
Opposed orders
4
1
If any representation or objection duly made with respect to an order is not withdrawn, then, as soon as practicable in the case of an order having immediate effect and before confirming an order requiring confirmation, the Secretary of State shall either—
a
cause a local inquiry to be held; or
b
afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.
2
On considering any representations or objections duly made and the report of any person appointed to hold the inquiry or to hear representations or objections, the Secretary of State—
a
shall, if the order has already taken effect, decide either to take no action on the order or to make an order (subject, however, to paragraph 5) amending or revoking the order as the Secretary of State thinks appropriate in the light of the report, representations or objections, without consulting the relevant authority where that authority made the order; or
b
if the order requires confirmation, may confirm it (with or without modifications).
3
The provisions of subsections (2) to (5) of section 250 of the M6Local Government Act 1972 or subsections (4) to (8) of section 210 of the M7Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply in relation to any inquiry held under this paragraph as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.
4
An amending or revoking order made by virtue of this paragraph shall take effect immediately, but it shall not require confirmation and no representation or objection with respect to it shall be entertained.
Restriction on power to amend orders or confirm them with modifications
5
The Secretary of State shall not by virtue of paragraph 3(1) or 4(2) amend an order which has taken effect, or confirm any other order with modifications, so as to extend the area to which an original order applies.
Notice of final decision on orders
6
1
The Secretary of State shall as soon as practicable after making an order by virtue of paragraph 3(1) or 4(2) give notice—
a
setting out the order or describing its general effect and in either case stating that it has taken effect; and
b
stating the name of the place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge at all reasonable hours.
2
The Secretary of State shall give notice of any of the following decisions of his as soon as practicable after making the decision—
a
a decision under paragraph 3(1) or 4(2) to take no action on an order which has already taken effect;
b
a decision to confirm or not to confirm an order requiring confirmation under this Schedule.
3
A notice under this paragraph of a decision to confirm an order shall—
a
set out the order as confirmed or describe its general effect, and in either case state the day on which the order took effect;
b
state the name of the place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge at all reasonable hours.
4
A notice under this paragraph shall be given by publishing it in accordance with paragraph 2(3) and serving a copy of it on any person on whom a notice was required to be served under paragraph 2(3) or (4).
Proceedings for questioning validity of orders
7
1
This paragraph applies to any order which has taken effect and as to which the Secretary of State has given notice under paragraph 6 of a decision of his to take no action or to amend the order in accordance with paragraph 3 or 4; and in this paragraph “the relevant notice” means any such notice.
2
If any person is aggrieved by an order to which this paragraph applies and desires to question its validity on the ground that it is not within the powers of section 29 or 34, as the case may be, or that any of the requirements of this Schedule have not been complied with in relation to it, he may within six weeks from the date of the relevant notice make an application to the Court under this paragraph.
3
On any such application the Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of those requirements—
a
in England and Wales, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant; or
b
in Scotland, make such declarator as seems to the Court to be appropriate.
4
Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatsoever.
5
In this paragraph “the Court” means the High Court in relation to England and Wales and the Court of Session in relation to Scotland.
Interpretation
8
In this Schedule—
“amending order” and “revoking order” mean an order which amends or, as the case may be, revokes a previous order;
“the Gazette” means—
- a
if the order relates in whole or in part to England and Wales, the London Gazette;
- b
if the order relates in whole or in part to Scotland, the Edinburgh Gazette;
- a
“order” means an order under section 29 or 34;
“original order” means an order other than an amending or revoking order;
“the relevant authority” has the same meaning as in section 34;
“restrictive amending order” means an amending order which extends the area to which a previous order applies.
SCHEDULE 12 Procedure in Connection With Orders Under Section 36
Consultation
1
Before making an order, the Secretary of State shall consult with such person as he may consider appropriate.
Publicity for draft orders
2
1
Before making an order, the Secretary of State shall prepare a draft of the order and give notice—
a
stating that he proposes to make the order and the general effect of it;
b
naming a place in the area in which the land to which the draft order relates is situated where a copy of the draft order, and of any byelaws made or proposed to be made by a relevant authority for the protection of the area specified in the draft order, may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and
c
specifying the time (not being less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the draft order may be made.
2
Subject to sub-paragraph (3), the notice to be given under sub-paragraph (1) shall be given—
a
by publication in the Gazette and also at least one local newspaper circulating in the area in which the land to which the draft order relates is situated;
b
by serving a like notice on—
i
every person in whom is vested an interest in or right over any of that land;
ii
every relevant authority whose area includes any of that land; and
iii
such other bodies as may be prescribed or as the Secretary of State may consider appropriate; and
c
by causing a copy of the notice to be displayed in a prominent position—
i
at council offices in the locality of the land to which the draft order relates; and
ii
at such other places as the Secretary of State may consider appropriate.
3
The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i).
4
Subject to sub-paragraph (3), sub-paragraph (2)(b) and (c) shall be complied with not less than 28 days before the expiration of the time specified in the notice.
Unopposed orders
3
If no representations or objections are duly made, or if any so made are withdrawn, the Secretary of State may make the order with or without modifications.
Opposed orders
4
1
If any representation or objection duly made is not withdrawn the Secretary of State shall, before making the order, either—
a
cause a local inquiry to be held; or
b
afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.
2
On considering any representations or objections duly made and the report of the person appointed to hold the inquiry or hear representations or objections, the Secretary of State may make the order with or without modifications.
Restriction on power to make orders with modifications
5
1
The Secretary of State shall not make an order with modifications so as—
a
to affect land not affected by the draft order; or
b
to authorise the making of any byelaw not authorised by the draft order,
except after complying with the requirements of sub-paragraph (2).
2
The said requirements are that the Secretary of State shall—
a
give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made;
b
hold a local inquiry or afford any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and
c
consider the report of the person appointed to hold the inquiry or to hear representations or objections.
Local inquiries
6
1
The provisions of subsections (2) to (5) of section 250 of the M8Local Government Act 1972 or subsections (4) to (8) of section 210 of the M9Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply in relation to any inquiry held under paragraph 4 or 5 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.
2
A local inquiry caused to be held under paragraph 4 or 5 before the making of an order may be held concurrently with any local inquiry caused to be held before the confirmation of byelaws made by a relevant authority for the protection of the area specified in the order.
Notice of making of orders
7
1
As soon as practicable after an order is made, the Secretary of State shall give notice—
a
describing the general effect of the order as made and stating the date on which it took effect; and
b
naming a place in the area in which the land to which the order relates is situated where a copy of the order as made may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours.
2
A notice under sub-paragraph (1) shall be given—
a
by publication in the manner required by paragraph 2(2)(a);
b
by serving a like notice on any persons on whom notices were required to be served under paragraph 2(2)(b); and
c
by causing like notices to be displayed in the like manner as the notices required to be displayed under paragraph 2(2)(c).
Proceedings for questioning validity of orders
8
1
If any person is aggrieved by an order which has taken effect and desires to question its validity on the ground that it is not within the powers of section 36 or that any of the requirements of this Schedule have not been complied with in relation to it, he may within 42 days from the date of publication of the notice under paragraph 7 make an application to the Court under this paragraph.
2
On any such application the Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements—
a
in England and Wales, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant; or
b
in Scotland, make such declarator as seems to the Court to be appropriate.
3
Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatever.
4
In this paragraph “the Court” means the High Court in relation to England and Wales and the Court of Session in relation to Scotland.
Supplemental
9
1
In this Schedule—
“area” includes district F33or Welsh county or county borough;
“council offices” means offices or buildings acquired or provided by a local authority;
“the Gazette” means—
- a
if the order relates in whole or in part to England and Wales, the London Gazette;
- b
if the order relates in whole or in part to Scotland, the Edinburgh Gazette;
- a
“order” means an order under section 36;
“prescribed” means prescribed by regulations made by the Secretary of State;
and expressions to which a meaning is assigned by section 36 have the same meanings in this Schedule as in that section.
2
References in this Schedule to land include references to any waters covering it; and for the purposes of this Schedule any area in Great Britain which is bounded by tidal waters or parts of the sea shall be taken to include—
a
the waters adjacent to that area up to the seaward limits of territorial waters; and
b
the land covered by the said adjacent waters.
3
Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
SCHEDULE 13 Provisions With Respect to the Countryside Commission
Status
1
The Commission shall be a body corporate.
2
The Commission shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or priviledge of the Crown; and the Commission’s property shall not be regarded as property of, or property held on behalf of, the Crown.
Members
3
1
The Commission shall consist of a chairman and such number of other members as the Secretary of State may determine, of whom one may be appointed to be deputy chairman.
2
The members of the Commission shall be appointed by the Secretary of State and shall hold and vacate office in accordance with such terms as may be prescribed by or under regulations made by the Secretary of State and, on vacating office, shall be eligible for re-appointment.
3
Regulations under sub-paragraph (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
A member may at any time by notice in writing to the Secretary of State resign his office.
4
1
The Commission—
a
shall pay to their members such remuneration and allowances (if any) as the Secretary of State may, with the approval of the Minister, determine; and
b
as regards any member in whose case the Secretary of State may, with the approval of the Minister, so determine, shall pay such pension to or in respect of him, or make such payments towards the provision of such pension as the Secretary of State may, with the Minister’s approval, determine.
2
If a person ceases to be a member of the Commission, and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may, with the approval of the Minister, require the Commission to pay to that person a sum of such amount as the Secretary of State may, with the Minister’s approval, determine.
Committee for Wales
F495. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Procedure
6
The procedure (including the quorum) of the Commission shall be such as they may determine.
7
The validity of any proceeding of the Commission shall not be affected by any vacancy among the members thereof or by any defect in the appointment of a member thereof.
Staff
8
1
The Commission shall appoint—
a
with the approval of the Secretary of State, a chief officer and
b
such number of other employees as they may with the approval of the Secretary of State and the Minister determine.
2
The Commission shall pay to their employees such remuneration and allowances as they may with the approval of the Secretary of State and the Minister determine.
3
In the case of any person to be employed by them on and after the appointed day who immediately before that day was a civil servant, the Commission shall ensure that, so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the coming into force of this Schedule, the terms and conditions of his employment, taken as a whole, are not less favourable than those which he then enjoyed.
4
In relation to any person who—
a
is a civil servant before the appointed day; and
b
is as from that day employed by the Commission,
F50Chapter I of Part XIV of the Employment Rights Act 1996 shall have effect as if his service as a civil servant had been employment under the Commission.
9
1
The Commission shall in the case of such of their employees as they may with the approval of the Secretary of State and the Minister determine,—
a
pay such pension to or in respect of them;
b
make such payments towards the provision of such pensions; or
c
provide and maintain such schemes (whether contributory or not) for the payment of such pensions,
as they may with the approval of the Secretary of State and the Minister determine.
2
In this paragraph any reference to the payment of pensions to or in respect of the Commission’s employees includes a reference to the payment of pensions by way of compensation to or in respect of any of the Commission’s employees who suffer loss of office or employment or loss or diminution of emoluments.
10
1
Employment with the Commission shall be included among the kinds of employment to which a superannuation scheme under section 1 of the M15Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) the words “Countryside Commission” shall be inserted after the words “Monopolies Commission”.
2
The Commission shall pay to the Minister at such times in each financial year as may be determined by the Minister, subject to any directions of the Treasury, sums of such amounts as he may so determine for the purposes of this paragraph as being equivalent to the increase during the year of such liabilities of his under the Principal Civil Service Pension Scheme as are attributable to the provision of pensions to or in respect of persons who are, or have been, in the service of the Commission in so far as that increase results from the service of those persons during that financial year and to the expense to be incurred in administering those pensions.
Accounts and report
11
1
The Commission shall keep proper accounts and other records, and shall prepare for each financial year a statement of account in such form as the Secretary of State with the approval of the Treasury may direct and submit those statements of account to the Secretary of State at such time as he may with the approval of the Treasury direct.
2
The Secretary of State shall, as respects each financial year, send the Commission’s statement of accounts to the Comptroller and Auditor General not later than the end of November following the year.
3
The Comptroller and Auditor General shall examine, certify and report on the statement of accounts and lay copies of it, together with his report, before each House of Parliament.
12
The Commission shall furnish the Secretary of State with such returns, accounts and other information with respect to their property and activities or proposed activities as he may from time to time require, and shall afford to the Secretary of State facilities for the verification of information so furnished and for that purpose permit any person authorised in that behalf by the Secretary of State to inspect and make copies of the Commission’s accounts, books, documents or papers and give that person such explanation of them as he may reasonably require.
13
1
The Commission shall, as soon as possible after the end of each financial year, make to the Secretary of State a report on the discharge by them of their functions under the 1949 Act, the 1968 Act and this Act during that year.
2
Without prejudice to the generality of sub-paragraph (1), but subject to the provisions of sub-paragraph (3), the report of the Commission for any year shall include—
a
a statement of the action taken by the Commission to promote the enjoyment of the countryside by members of the public who are disabled; and
b
a record of all questions with which the Commission have been concerned during that year and which appear to the Commission to be of general public interest, indicating the purport of any representations or recommendations made by the Commission with respect thereto, and the conclusions (if any) reached thereon.
C23
The report of the Commission for any year shall set out any direction given by the Secretary of State during that year under section 3 of the 1949 Act unless the Secretary of State has notified to the Commission his opinion that it is against the interests of national security so to do.
4
The Secretary of State shall lay a copy of every report of the Commission under this paragraph before each House of Parliament.
Land
14
The Commission, for the purpose of providing themselves with office or other accommodation in connection with the exercise of any of their functions, may, with the approval of the Secretary of State, acquire land, erect and maintain buildings or other structures thereon, and when the land is no longer required for such purpose, dispose of it.
15
Any land occupied by the Commission shall, for the purpose of any rate on property, be treated as if it were property occupied by or on behalf of the Crown for public purposes.
Interpretation
16
In this Schedule—
“appointed day” means the day appointed for the coming into force of this Schedule;
“the Commission” means the Countryside Commission;
“financial year” means the period commencing with the appointed day and ending with 31st March following that day, and each successive period of twelve months;
“the Minister” means F51the Treasury;
“pension” includes allowance or gratuity.
SCHEDULE 14 Applications for Certain Orders Under Part III
Form of applications
1
An application shall be made in the prescribed form and shall be accompanied by—
a
a map drawn to the prescribed scale and showing the way or ways to which the application relates; and
b
copies of any documentary evidence (including statements of witnesses) which the applicant wishes to adduce in support of the application.
Notice of applications
2
1
Subject to sub-paragraph (2), the applicant shall serve a notice stating that the application has been made on every owner and occupier of any land to which the application relates.
2
If, after reasonable inquiry has been made, the authority are satsified that it is not practicable to ascertain the name or address of an owner or occupier of any land to which the application relates, the authority may direct that the notice required to be served on him by sub-paragraph (1) may be served by addressing it to him by the description “owner” or “occupier” of the land (describing it) and by affixing it to some conspicuous object or objects on the land.
3
When the requirements of this paragraph have been complied with, the applicant shall certify that fact to the authority.
4
Every notice or certificate under this paragraph shall be in the prescribed form.
Determination by authority
3
1
As soon as reasonably practicable after receiving a certificate under paragraph 2(3), the authority shall—
a
investigate the matters stated in the application; and
b
after consulting with every local authority whose area includes the land to which the application relates, decide whether to make or not to make the order to which the application relates.
2
If the authority have not determined the application within twelve months of their receiving a certificate under paragraph 2(3), then, on the applicant making representations to the Secretary of State, the Secretary of State may, after consulting with the authority, direct the authority to determine the application before the expiration of such period as may be specified in the direction.
3
As soon as practicable after determining the application, the authority shall give notice of their decision by serving a copy of it on the applicant and any person on whom notice of the application was required to be served under paragraph 2(1).
Appeal against a decision not to make an order
4
1
Where the authority decide not to make an order, the applicant may, at any time within 28 days after service on him of notice of the decision, serve notice of appeal against that decision on the Secretary of State and the authority.
2
If on considering the appeal the Secretary of State considers that an order should be made, he shall give to the authority such directions as appear to him necessary for the purpose.
Interpretation
5
1
In this Schedule—
“application” means an application under section 53(5);
“local authority” means F34a non-metroplitan district council, a parish F35. . . council or the parish meeting of a parish not having a separate parish council F36but, in relation to Wales, means a community council;
“prescribed” means prescribed by regulations made by the Secretary of State.
2
Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
SCHEDULE 15 Procedure in Connection with Certain Orders Under Part III
Consultation
1
Before making an order, the authority shall consult with every local authority whose area includes the land to which the order relates.
Coming into operation
2
An order shall not take effect until confirmed either by the authority or the Secretary of State under paragraph 6 or by the Secretary of State under paragraph 7.
Publicity for orders
3
1
On making an order, the authority shall give notice in the prescribed form—
a
describing the general effect of the order and stating that it has been made and requires confirmation;
b
naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and
c
specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.
2
Subject to sub-paragraph (4), the notice to be given under sub-paragraph (1) shall be given—
a
by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated;
b
by serving a like notice on—
i
every owner and occupier of any of that land;
ii
every local authority whose area includes any of that land;
iii
every person on whom notice is required to be served in pursuance of sub-paragraph (3); and
iv
such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and
c
by causing a copy of the notice to be displayed in a prominent position—
i
at the ends of so much of any way as is affected by the order;
ii
at council offices in the locality of the land to which the order relates; and
iii
at such other places as the authority may consider appropriate.
3
Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “specified” means specified in the requirement.
4
The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i); but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.
5
Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (4) shall be complied with not less than 42 days before the expiration of the time specified in the notice.
6
A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order.
7
A notice required to be displayed by sub-paragraph (2)(c) at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.
8
At any time after the publication of a notice under this paragraph and before the expiration of the period specified in the notice for the making of representations and objections, any person may require the authority to inform him what documents (if any) were taken into account in preparing the order and—
a
as respects any such documents in the possession of the authority, to permit him to inspect them and take copies; and
b
as respects any such documents not in their possession, to give him any information the authority have as to where the documents can be inspected;
and on any requirement being made under this sub-paragraph the authority shall comply therewith within 14 days of the making of the requirement.
9
Nothing in sub-paragraph (8) shall be construed as limiting the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 7 or 8.
Representations or objections made with respect to abandoned surveys or reviews
4
1
This paragraph applies where a survey begun under sections 27 to 32 of the 1949 Act, or a review begun under section 33 of that Act, is abandoned after a draft map and statement have been prepared.
2
If an order modifies the definitive map and statement so as—
a
to show any particulars shown in the draft map and statement but not in the definitive map and statement; or
b
to omit any particulars shown in the definitive map and statement but not in the draft map and statement,
any representation or objection duly made with respect to the showing in or omission from the draft map and statement of those particulars shall be treated for the purposes of paragraphs 6 and 7 as a representation or objection duly made with respect to the corresponding modifications made by the order.
Severance of orders
5
1
Where at any time representations or objections duly made and not withdrawn relate to some but not all of the modifications made by an order, the authority may, by notice given to the Secretary of State, elect that, for the purposes of the following provisions of this Schedule, the order shall have effect as two separate orders—
a
the one comprising the modifications to which the representations or objections relate; and
b
the other comprising the remaining modifications.
2
Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.
Unopposed orders
6
1
If no representations or objections are duly made, or if any so made are withdrawn, the authority may—
a
confirm the order without modification; or
b
if they require any modification to be made, submit the order to the Secretary of State for confirmation by him.
2
Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State may confirm the order with or without modifications.
Opposed orders
7
1
If any representation or objection duly made is not withdrawn the authority shall submit the order to the Secretary of State for confirmation by him.
2
Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall either—
a
cause a local inquiry to be held; or
b
afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.
3
On considering any representations or objections duly made and the report of the person appointed to hold the inquiry or hear representations or objections, the Secretary of State may confirm the order with or without modifications.
Restriction on power to confirm orders with modifications
8
1
The Secretary of State shall not confirm an order with modifications so as—
a
to affect land not affected by the order;
b
not to show any way shown in the order or to show any way not so shown; or
c
to show as a highway of one description a way which is shown in the order as a highway of another description,
except after complying with the requirements of sub-paragraph (2).
2
The said requirements are that the Secretary of State shall—
a
give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made;
b
hold a local inquiry or afford any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and
c
consider the report of the person appointed to hold the inquiry or to hear representations or objections.
Local inquiries
9
The provisions of subsections (2) to (5) of section 250 of the M10Local Government Act 1972 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply in relation to any inquiry held under paragraph 7 or 8 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.
Appointment of inspectors etc.
10
1
A decision of the Secretary of State under paragraph 6, 7 or 8 shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.
2
The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.
3
Where the Secretary of State has appointed a person to make a decision under paragraph 6, 7 or 8 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.
4
Where by virtue of sub-paragraph (2) or (3) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.
5
Regulations under this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.
F38 Hearings and local inquiries
Sch. 15 para. 10A and cross-heading inserted (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(8); S.I. 2004/292, art. 2 (with savings in art. 3(1)); S.I 2005/1314, {art.2(a)}; S.I. 2005/2459, art. 2(2)(b)(iii)
F3710A
1
Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the M11Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to any hearing or local inquiry held under paragraph 7 or 8 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.
2
In its application to a hearing or inquiry held under paragraph 7 or 8 by a person appointed under paragraph 10(1), subsection (5) of that section shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.
3
Section 322A of the M12Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) shall apply in relation to a hearing or local inquiry under paragraph 7 or 8 as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.
Notice of final decisions on orders
11
1
As soon as practicable after a decision to confirm an order is made or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice—
a
describing the general effect of the order as confirmed and stating that it has been confirmed (with or without modification) and the date on which it took effect; and
b
naming a place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours.
2
A notice under sub-paragraph (1) shall be given—
a
by publication in the manner required by paragraph 3(2)(a);
b
by serving a like notice on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4); and
c
by causing like notices to be displayed in the like manner as the notices required to be displayed under paragraph 3(2)(c).
3
A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as confirmed as relates to that land or, as the case may be, the area of that authority; and, in the case of an order which has been confirmed with modifications, a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order as confirmed.
4
As soon as practicable after a decision not to confirm an order or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4).
Proceedings for questioning validity of orders
12
1
If any person is aggrieved by an order which has taken effect and desires to question its validity on the ground that it is not within the powers of section 53 or 54 or that any of the requirements of this Schedule have not been complied with in relation to it, he may within 42 days from the date of publication of the notice under paragraph 11 make an application to the High Court under this paragraph.
2
On any such application the High Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant.
3
Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatsoever.
Supplemental
13
1
The Secretary of State may, subject to the provisions of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders as appears to him to be expedient.
2
In this Schedule—
“council offices” means offices or buildings acquired or provided by the authority or by a local authority;
“local authority” means F39a non-metropolitan district council, a parish F40. . . council or the parish meeting of a parish not having a separate parish council F41but, in relation to Wales, means a community council;
“order” means an order to which the provisions of this Schedule apply;
“prescribed” means prescribed by regulations made by the Secretary of State.
3
Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
X7SCHEDULE 16 Orders Creating, Extinguishing or Diverting Footpaths or Bridleways
The text of Sch. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F421
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Highways Act 1980
5
1
In subsection (1) of section 119 of the Highways Act 1980 (diversion of footpaths and bridleways) for the words from the beginning to “or on to land” there shall be substituted the words “Where it appears to a council as respects a footpath or bridleway in their area (other than one that is a trunk road or a special road) that, in the interests of the owner, lessee or occupier of land crossed by the path or way or of the public, it is expedient that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or”.
2
In subsection (5) of that section for the words “the council may require the owner, lessee or occupier on whose representations they are acting” there sball be substituted the words “on the representations of an owner, lessee or occupier of land crossed by the path or way, the council may require him”.
6
1
In sub-paragraphs (1)(b) and 2(b) of paragraph I of Schedule 6 to that Act (procedure as to certain orders relating to footpaths and bridleways) after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge”.
2
For sub-paragraph (3) of that paragraph there shall be substituted the following sub-paragraph—
3
The notices to be given under sub-paragraph (1) or (2) above shall be given—
a
by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated ;
b
by serving a like notice on—
i
every owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977) of any of that land ;
ii
every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land ;
iii
every person on whom notice is required to be served in pursuance of sub-paragraph (3A) or (3B) below ; and
iv
such other persons as may be prescribed in relation to the area in which that land is situated or as the authority or, as the case may be, the Secretary of State may consider appropriate ; and
c
by causing a copy of the notice to be displayed in a prominent position—
i
at the ends of so much of any footpath or bridleway as is created, stopped up or diverted by the order ;
ii
at council offices in the locality of the land to which the order relates ; and
iii
at such other places as the authority or, as the case may be, the Secretary of State may consider appropriate.
3
After that sub-paragraph there shall be inserted the following sub-paragraphs—
3A
Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such public path creation orders, public path extinguishment orders and public path diversion orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “specified” means specified in the requirement.
3B
Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders and draft public path diversion orders as are prepared bv the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “specified” means specified in the requirement.
3C
The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub- paragraph (3)(b)(i) above ; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.
4
After sub-paragraph (4) of that paragraph there shall be inserted the following sub-paragraphs—
4A
Sub-paragraph (3)(b) and (c) and, where applicable, sub-paragraphs (3C) and (4) above shall be complied with not less than 28 days before the expiration of the time specified in the notice.
4B
A notice required to be served by sub-paragraph (3)(b)(i), (ii) or (iv) above shall be accompanied by a copy of the order.
4C
A notice required to be displayed by sub-paragraph (3)(c)(i) above at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.
4D
In sub-paragraph (3)(c)(ii) above “council offices” means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.
7
After paragraph 2 of that Schedule there shall be inserted the following paragraph—
2A
1
A decision of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State shall, except in such classes of case as may for the tim,- being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State ; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.
2
The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) above and apart from this sub-paragraph, fahs to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.
3
Where the Secretary of State has appointed a person to make a decision under paragraph 2 above the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.
4
Where by virtue of sub-paragraph (2) or (3) above a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.
5
Provision may be made by regulations of the Secretary of State for the giving of publicity to any directions given by the Secretary of State under this paragraph.
8
1
In paragraph 4 of that Schedule after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge” and for heads (a) and (b) there shall be substituted the following heads—
a
serve a like notice on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above ; and
b
cause like notices to be displayed in the like manner as the notices caused to be displayed under paragraph 1(3)(c) above;
2
That paragraph as so amended shall be renumbered as paragraph 4(1) of that Schedule and after that provision as so renumbered there shall be inserted the following sub-paragraphs—
2
A notice required to be served by sub-paragraph (1)(a) above, on—
a
a person on whom notice was required to be served by paragraph 1(3)(b)(i) or (ii) above , or
b
in the case of an order which has been confirmed or made with modifications, a person on whom notice was required to be served by paragraph 1(3)(b)(iv) above,
shall be accompanied by a copy of the order as confirmed or made.
3
As soon as may be after a decision not to confirm an order to which this Schedule applies, the authority by whom the order was made shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above.
9
After that paragraph there shall be inserted the following paragraph—
4A
As soon as may be after an order to which this Schedule applies has come into operation otherwise than—
a
on the date on which it was confirmed or made by the Secretary of State or confinned as an unopposed order ; or
b
at the expiration of a specified period beginning with that date,
the authority by whom the order was made or, in the case of an order made by the Secretary of State, the Secretary of State shall give notice of its coming into operation by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.
Supplemental
10
1
The amendments made by the foregoing provisions of this Schedule shall not apply in relation to any order if it was made or a draft thereof was prepared, or a notice relating to it was given under paragraph 1 of the relevant Schedule, before the commencement date.
2
X8SCHEDULE 17 Enactments repealed
The text of Sch. 17 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.
Part I Enactments repealed one month after the passing of this Act
Chapter | Short title | Extent of repeal |
|---|---|---|
12, 13 & 14 Geo. 6. c. 97. | The National Parks and Access to the Countryside Act 1949. | Section 23. |
1968 c. 41. | The Countryside Act 1968. | Section 14. |
In section 15(1) the words “which is not for the time being managed as a nature reserve but”. | ||
1973 c. 37. | The Water Act 1973. | In section 22(3) the words “not being land for the time being managed as a nature reserve”. |
1973 c. 54. | The Nature Conservancy Council Act 1973. | Section 3. |
1973 c. 65. | The Local Government (Scotland) Act 1973. | In Schedule 27, in Part II, paragraph 101. |
1980 c. 66. | The Highways Act 1980. | In section 134, subsection (3) and in subsection (5) the words “(3) or”. |
In section 135(1), the words “6 or” and “6 weeks or”. |
Part II Enactments repealed on a day to be appointed
Chapter | Short title | Extent of repeal |
|---|---|---|
2 & 3 Geo. 5. c. 14 | The Protection of Animals (Scotland) Act 1912. | In section 9 the words “or any snare” and “or snare”. |
12, 13 & 14 Geo. 6. c. 97. | The National Parks and Access to the Countryside Act 1949. | Sections 2 and 4. |
Sections 27 to 35. | ||
Section 38. | ||
Section 95. | ||
2 & 3 Eliz. 2. c. 30. | The Protection of Birds Act 1954. | The whole Act. |
1963 c. 33. | The London Government Act 1963. | In section 60, subsections (1) to (4). |
1963 c. 36 | The Deer Act 1963. | In Schedule 2, in paragraph 1 the words “of less guage than 12 bore” and in paragraph 4 the words from “other than” onwards. |
1964 c. 59. | The Protection of Birds Act 1954 (Amendment) Act 1964. | The whole Act. |
1967 c. 46. | The Protection of Birds Act 1967. | The whole Act. |
1968 c. 41. | The Countryside Act 1968. | In section 1, subsection (4) and, in subsection (5), the words “and 2(1)” and the words “and in section 4(1)” onwards. |
Section 3. | ||
In Schedule 3, in Part I, the entry relating to the National Parks and Access to the Countryside Act 1949, and Parts II, III and IV. | ||
1970 c. 30. | The Conservation of Seals Act 1970. | In section 10(1)(c), the word “or” immediately following sub-paragraph (ii). |
1971 c. 23. | The Courts Act 1971. | In Schedule 8, paragraph 31. |
In Schedule 9, in Part II, the entry relating to section 31 of the National Parks and Access to the Countryside Act 1949. | ||
1971 c. 78. | The Town and Country Planning Act 1971. | In Schedule 20, in paragraph 1(2)(a), the words “in the London Gazette and”. |
1972 c. 70. | The Local Government Act 1972. | In Schedule 17, paragraphs 22 to 33. |
In Schedule 29, paragraph 37. | ||
1973 c. 37. | The Water Act 1973. | In Schedule 8, paragraph 67. |
1973 c. 54. | The Nature Conservancy Council Act 1973. | In section 5(3) the words from the beginning to “save as aforesaid”. |
1973 c. 57. | The Badgers Act 1973. | Sections 6 and 7. |
Section 8(2)(c). | ||
In section 11, the definitions of “area of special protection” and “authorised person”. | ||
1973 c. 65. | The Local Government (Scotland) Act 1973. | In Schedule 27, in Part II, paragraphs 115 and 168. |
1975 c. 21. | The Criminal Procedure (Scotland) Act 1975. | In Schedule 7C, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975. |
1975 c. 48. | The Conservation of Wild Creatures and Wild Plants Act 1975. | The whole Act. |
1976 c. 16. | The Statute Law (Repeals) Act 1976. | In Schedule 2, in Part II, the entry relating to the Protection of Birds Act 1967. |
1976 c. 72. | The Endangered Species (Import and Export) Act 1976. | Section 13(6). |
1977 c. 45. | The Criminal Law Act 1977. | In Schedule 6, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975. |
1979 c. 2. | The Customs and Excise Management Act 1979. | In Schedule 4, in paragraph 12, in the Table the entry relating to the Protection of Birds Act 1954. |
1980 c. 66. | The Highways Act 1980. | In section 31(10) the words “or of that subsection” onwards. |
Section 340(2)(d). | ||
1981 c. 22. | The Animal Health Act 1981. | In Schedule 5, paragraph 1. |
1981 c. 37. | The Zoo Licensing Act 1981. | In section 4(5), the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975. |
Sch. ZA1 inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 47, 107; S.I. 2006/1382, art. 2