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Wildlife and Countryside Act 1981

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SCHEDULES

[F1SCHEDULE ZA1E+WBirds which re-use their nests

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Amendments (Textual)

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.

Common nameScientific name
Eagle, GoldenAquila chrysaetos
Eagle, White-tailedHaliaetus albicilla
OspreyPandion haliaetus]

[F2Schedule A1SProtected nests and nest sites: birds

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Amendments (Textual)

Common nameScientific name
Eagle, White-tailedHaliaetus albicilla]

Sections 1, 2, 4, 6, 19 and 22.

SCHEDULE 1E+W+S Birds which are Protected by Special Penalties

Part I E+W+S At All Times

Common nameScientific name
AvocetRecurvirostra avosetta
Bee-eaterMerops apiaster
BitternBotaurus stellaris
Bittern, LittleIxobrychus minutus
BluethroatLuscinia svecica
BramblingFringilla montifringilla
Bunting, CirlEmberiza cirlus
Bunting, LaplandCalcarius lapponicus
Bunting, SnowPlectrophenax nivalis
Buzzard, HoneyPernis apivorus
[F3Capercaillie][F3 Tetracurogallus]
ChoughPyrrhocorax pyrrhocorax
CorncrakeCrex crex
Crake, SpottedPorzana porzana
Crossbills (all species)Loxia
Curlew, StoneBurhinus oedicnemus
Divers (all species)Gavia
DotterelCharadrius morinellus
Duck, Long-tailedClangula hyemalis
Eagle, GoldenAquila chrysaetos
Eagle, White-tailedHaliaetus albicilla
Falcon, GyrFalco rusticolus
FieldfareTurdus pilaris
FirecrestRegulus ignicapillus
GarganeyAnas querquedula
Godwit, Black-tailedLimosa limosa
GoshawkAccipiter gentilis
Grebe, Black-neckedPodiceps nigricollis
Grebe, SlavonianPodiceps auritus
GreenshankTringa nebularia
Gull, LittleLarus minutus
Gull, MediterraneanLarus melanocephalus
Harriers (all species)Circus
Heron, PurpleArdea purpurea
HobbyFalco subbuteo
HoopoeUpupa epops
KingfisherAlcedo atthis
Kite, RedMilvus milvus
MerlinFalco columbarius
Oriole, GoldenOriolus oriolus
OspreyPandion haliaetus
Owl, BarnTyto alba
Owl, SnowyNyctea scandiaca
PeregrineFalco peregrinus
Petrel, Leach’sOceanodroma leucorhoa
Phalarope, Red-neckedPhalaropus lobatus
Plover, KentishCharadrius alexandrinus
Plover, Little RingedCharadrius dubius
Quail, CommonCoturnix coturnix
Redstart, BlackPhoenicurus ochruros
RedwingTurdus iliacus
Rosefinch, ScarletCarpodacus erythrinus
RuffPhilomachus pugnax
Sandpiper, GreenTringa ochropus
Sandpiper, PurpleCalidris maritima
Sandpiper, WoodTringa glareola
ScaupAythya marila
Scoter, CommonMelanitta nigra
Scoter, VelvetMelanitta fusca
SerinSerinus serinus
ShorelarkEremophila alpestris
Shrike, Red-backedLanius collurio
SpoonbillPlatalea leucorodia
Stilt, Black-wingedHimantopus himantopus
Stint, Temminck’sCalidris temminckii
Swan, Bewick’sCygnus bewickii
Swan, WhooperCygnus cygnus
Tern, BlackChlidonias niger
Tern, LittleSterna albifrons
Tern, RoseateSterna dougallii
Tit, BeardedPanurus biarmicus
Tit, CrestedParus cristatus
Treecreeper, Short-toedCerthia brachydactyla
Warbler, Cetti’sCettia cetti
Warbler, DartfordSylvia undata
Warbler, MarshAcrocephalus palustris
Warbler, Savi’sLocustella luscinioides
WhimbrelNumenius phaeopus
WoodlarkLullula arborea
WryneckJynx torquilla
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Amendments (Textual)

F3Sch. 1 Pt. I: Words inserted (S.) (4.11.2001) by S.S.I. 2001/337, reg. 2(3)

Part II E+W+S During the Close Season

Common nameScientific name
GoldeneyeBucephala clangula
Goose, Greylag (in Outer Hebrides, Caithness, Sutherland and Wester Ross only)Anser anser
PintailAnas 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.

[F4Schedule 1ASBirds which are protected from harassment

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Amendments (Textual)

Common nameScientific name
Eagle, White-tailedHaliaetus albicilla]

Sections 2, 3, and 22.

SCHEDULE 2E+W+S Birds Which May Be Killed or Taken

Part I E+W+S Outside the Close Season

Common nameScientific name
[F5Capercaillie][F5Tetrao urogallus]
CootFulica atra
Duck, TuftedAythya fuligula
GadwallAnas strepera
GoldeneyeBucephala clangula
Goose, CanadaBranta canadensis
Goose, GreylagAnser anser
Goose, Pink-footedAnser brachyrhynchus
Goose, White-fronted (in England and Wales only)Anser albifrons
MallardAnas platyrhynchos
MoorhenGallinula chloropus
PintailAnas acuta
Plover, GoldenPluvialis apricaria
PochardAythya ferina
ShovelerAnas clypeata
Snipe, CommonGallinago gallinago
TealAnas crecca
WigeonAnas penelope
WoodcockScolopax rusticola
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Amendments (Textual)

F5Sch. 2 Pt. I: Words omitted (S.) (4.11.2001) by S.S.I. 2001/337, reg. 2(4)

Part II E+W+S By Authorised Persons at all Times

Common nameScientific name
F6. . .F6. . .
F6. . .F6. . .
F6. . .F6. . .
F6. . .F6. . .
F6. . .F6. . .
F6. . .F6. . .
F6. . .F6. . .
F6. . .F6. . .
F6. . .F6. . .
F6. . .F6. . .
F6. . .F6. . .
F6. . .F6. . .
F6. . .F6. . .
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Amendments (Textual)

F6Words in Sch.2 Pt. II removed (01.01.1993) by S.I. 1992/3010, art.2.

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.

Sections 6 and 22.

SCHEDULE 3E+W+S Birds which may be Sold

Part I E+W+S Alive at all Times if Ringed and Bred in Captivity

Common nameScientific name
BlackbirdTurdus merula
BramblingFringilla montifringilla
BullfinchPyrrhula pyrrhula
Bunting, ReedEmberiza schoeniclus
ChaffinchFringilla coelebs
DunnockPrunella modularis
GoldfinchCarduelis carduelis
GreenfinchCarduelis chloris
JackdawCorvus monedula
JayGarrulus glandarius
LinnetCarduelis cannabina
MagpiePica pica
Owl, BarnTyto alba
RedpollCarduelis flammea
SiskinCarduelis spinus
StarlingSturnus vulgaris
Thrush, SongTurdus philomelos
TwiteCarduelis flavirostris
YellowhammerEmberiza citrinella

Part II E+W+S Dead at all Times

Common nameScientific name
F7. . .F7. . .
WoodpigeonColumba palumbus
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Amendments (Textual)

F7Words in Sch. 3 Pt. II removed (01.01.1993) by S.I. 1992/3010, art.3.

Part III E+W+S Dead from 1st September to 28th February

Common nameScientific name
[F8 Capercaillie][F8Tetrao urogallus]
CootFulica atra
Duck, TuftedAythya fuligula
MallardAnas platyrhynchos
PintailAnas acuta
Plover, GoldenPluvialis apricaria
PochardAythya ferina
ShovelerAnas clypeata
Snipe, CommonGallinago gallinago
TealAnas crecca
WigeonAnas penelope
WoodcockScolopax rusticola
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Amendments (Textual)

F8Sch. 3 Pt. III: Words omitted (S.) (4.11.2001) by S.S.I. 2001/337, reg. 2(5)

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.

Sections 7 and 22.

SCHEDULE 4E+W+S Birds Which Must Be Registered and Ringed if Kept in Captivity

Common nameScientific name
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F10. . . F10. . .
F10. . . F10. . .
F10. . . F10. . .
F10. . . F10. . .
F9. . .F9. . .
F9. . .F9. . .
F10. . . F10. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
[F11Falcons (all species)][F11Falconidae]
F10. . . F10. . .
F10. . . F10. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
[F11Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case)][F11Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps)]
F9. . .F9. . .
F9. . .F9. . .
F10. . . F10. . .
OspreyPandion haliaetus
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F10. . . F10. . .
F10. . . F10. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F10. . . F10. . .
F10. . . F10. . .
F10. . . F10. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F9. . .F9. . .
F10. . . F10. . .
F10. . . F10. . .
F9. . .F9. . .
F10. . . F10. . .
F10. . . F10. . .
F10. . . F10. . .
F10. . . F10. . .
F9. . .F9. . .
F10. . . F10. . .
F10. . . F10. . .
F12. . .
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Amendments (Textual)

F9Entries in Sch. 4 removed (24.5.1994) by S.I. 1994/1151, art. 2

F11Sch. 4: entries removed (24.5.1994) subject to specified exceptions by The Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 (S.I. 1994/1151), art. 2; and further specified entries (except the entries for Falcon, Peregrine (Falco peregrinus) and Merlin (Falco columbarius) under the heading "Falcons (all species)" and except the entries for Buzzard, Honey (Pernis apivorus), Eagle, Golden (Aquila chrysaetos), Eagle, White-tailed (Haliaeetus albicilla), Goshawk (Accipter gentilis), Harrier, Marsh (Circus aeruginosus) and Harrier, Montagu's (Circus pygargus) under the heading "Hawks, True") omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356), arts. 2, 3(1)(2); and those same specified entries omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780), art. 2(2); and those same specified entries removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418), art. 2(1)

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.

Sections 9, 10, 22 and 24.

F13SCHEDULE 5E+W Animals which are Protected

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Extent Information

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

Amendments (Textual)

F13By 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.I. 2007/1843, reg. 7(7)(g) it is provided that said Dolphins (all species) and Porpoises (all species) are omitted (E.W.) (21.8.2007)

Common nameScientific name
[F14Adder (in respect of section 9(5) only)][F14Vipera berus]
[F15Allis Shad (in respect of section 9(1) and (4)(a) only)][F15Alosa alosa]
[F16Anemone, Ivell’s Sea][F16Edwardsia ivelli]
[F16Anemone, Startlet Sea][F16Nematosella vectensis]
[F16Apus][F16Triops cancriformis]
Bats, Horseshoe (all species [F17but in respect of section 9(4)(b) and (c) and (5) only])Rhinolophidae
Bats, Typical (all species [F18but in respect of section 9(4)(b) and (c) and (5) only])Vespertilionidae
[F19Beetle] [F19Graphoderus zonatus]
[F19Beetle] [F19Hypebaeus flavipes]
[F19Beetle] [F19Parcymus aeneus]
[F19Beetle, Lesser Silver Water] [F19Hydrochara caraboides]
[F19Beetle, Mire Pill (in respect of section 9(4)(a) only)] [F19Curimopsis nigrita]
Beetle, Rainbow LeafChrysolina cerealis
[F20Beetle, Stag (in respect of section 9(5) only)][F20Lucanus cervus]
[F16Beetle, Violet Click][F16Limoniscus violaceus]
BurbotLota lota
. . . F21 . . . F21
[F22Butterfly, Northern Brown Argus][F22Aricia artaxerxes]
[F22Butterfly, Adonis Blue][F22Lysandra bellargus]
[F22Butterfly, Chalkhill Blue][F22Lysandra coridon]
[F22Butterfly, Silver-studded Blue][F22Plebejus argus]
[F22Butterfly, Small Blue][F22Cupido minimus]
[F15Butterfly, Large Copper][F15Lycaena dispar]
[F22Butterfly, Purple Emperor][F22Apatura iris]
[F22Butterfly, Duke of Burgandy Fritillary][F22Hamearis lucina]
[F22Butterfly, Glanville Fritillary][F22Melitaea cinxia]
Butterfly, Heath FritillaryMellicta athalia (otherwise known as Melitaea athalia)
[F23Butterfly, High Brown Fritillary][F23Argynnis adippe]
[F15Butterfly, Marsh Fritillary][F15Eurodryas aurinia]
[F22Butterfly, Pearl-bordered Fritillary][F22Boloria euphrosyne]
[F22Butterfly, Black Hairstreak][F22Strymonidia pruni]
[F22Butterfly, Brown Hairstreak][F22Thecla betulae]
[F22Butterfly, White Letter Hairstreak][F22Stymonida w-album]
[F22Butterfly, Large Heath][F22Coenonympha tullia]
Butterfly, Large Blue[F24 (in respect of section 9(4)(b) and (c) and (5) only)]Maculinea arion
[F22Butterfly, Mountain Ringlet][F22Erebia epiphron]
. . . F21 . . . F21
[F22Butterfly, Chequered Skipper][F22Carterocephalus palaemon]
[F22Butterfly, Lulworth Skipper][F22Thymelicus acteon]
[F22Butterfly, Silver Spotted Skipper][F22Hesperia comma]
Butterfly, SwallowtailPapilio machaon
[F22Butterfly, Large tortoiseshell][F22Nymphalis polychloros]
[F22Butterfly, Wood White][F22Leptidea sinapis]
[F16Cat, Wild][F24 (in respect of section 9(4)(b) and (c) and (5) only)][F16Felis silverstris]
[F16Cicada, New Forest][F16Cicadetta montana]
[F25Crayfish, Atlantic Stream][F25Austropotamobius pallipes]
Cricket, FieldGryllus campestris
Cricket, MoleGryllotalpa gryllotalpa
[F20Dameselfly, Southern][F20Coenagrion mercuriale]
F26. . . F26. . .
F26. . . F26. . .
[F27“Dolphins (all species but in respect of section 9(4A) and (5) only)Cetacea”]
[F16Dormouse][F24 (in respect of section 9(4)(b) and (c) and (5) only)][F16Muscardinus avellanarius]
Dragonfly, Norfolk AeshnaAeshna isosceles
Frog, Common (in respect of section 9(5) only)Rana temporaria
[F20Goby, Couch’s][F20Gobius couchii]
[F20Goby, Giant][F20Gobius cobitis]
Grasshopper, Wart-biterDecticus verrucivorus
[F19Hatchet Shell, Northern] [F19Thyasira gouldi]
[F20Hydroid, Marine][F20Clavopsella navis]
[F19Lagoon Snail] [F19Paludinella littorina]
[F19Lagoon Snail, De Folin’s] [F19Caecum armoricum]
[F19Lagoon Worm, Tentacled] [F19Alkmaria romijni]
[F16Leech, Medicinal][F16Hirudo medicinalis]
Lizard, Sand[F24 (in respect of section 9(4)(b) and (c) and (5) only)]Lacerta agilis
[F28Lizard, Viviparous (in respect of section 9(5) only)][F28Lacerta vivipara]
[F16Marten, Pine][F16Martes martes]
[F16Mat. Trembling Sea][F16Victorella pavida]
Moth, Barberry CarpetPareulype berberata
Moth, Black-veinedSiona lineata (otherwise known as Idaea lineata)
Moth, Essex EmeraldThetidia smaragdaria
[F20Moth, Fiery Clearwing][F20Bembecia chrysidiformis]
[F20Moth, Fisher’s Estuarine][F29(in respect of section 9(4)(b) and (c) and (5) only)][F20Gortyna borelii]
Moth, New Forest BurnetZygaena viciae
Moth, Reddish BuffAcosmetia caliginosa
[F19Moth, Sussex Emerald] [F19Thalera fimbrialis]
F30. . .F30. . .
[F20Mussel, Fan (in respect of section 9(1), (2) and (5) only)][F20Atrina fragilis]
[F31Mussel, Freshwater Pearl][F31Margaritifera margaritifera]
[F32Newt, Great Crested or Warty (in respect of section 9(4)(b) and (c) and (5) only)]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[F24 (in respect of section 9(4)(b) and (c) and (5) only)]Lutra lutra
F26. . . F26. . .
[F33“Porpoises (all species but in respect of section 9(5) only)Cetacea”]
[F16Sandworm, Lagoon][F16Armandia cirrhosa]
[F19Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only] [F19Eunicella verrucosa]
[F34Seahorse, Short Snouted (with respect to England [F35and Wales]only)][F34Hippocampus hippocampus]
[F34Seahorse, Spiny (with respect to England [F36and Wales]only)][F34Hippocampus guttulatus]
[F19Sea Slug, Lagoon] [F19Tenellia adspersa]
[F20Shad, Twaite (in respect of section 9(4)(a) only)][F20Alosa fallax]
[F34Shark, Angel (in respect of section 9(1) only and with respect to England [F37and Wales], other than the excluded waters, only)][F34Squatina squatina]
[F20Shark, Basking][F20Cetorhinus maximus]
[F16Shrimp, Fairy][F16Chirocephalus diaphanus]
[F16Shrimp, Lagoon Sand][F16Gammarus insensiblis]
[F28Slow-worm (in respect of section 9(5) only)][F28Anguis fragilis]
F21. . .F21 . . .
Snail, GlutinousMyxas glutinosa
[F34Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England [F38and Wales]only)][F34Helix pomatia]
Snail, SandbowlCatinella arenaria
[F28Snake, Grass (in respect of section 9(5) only)][F28Natrix helvetica [F28(also known as Natrix natrix)]]
Snake, Smooth[F24 (in respect of section 9(4)(b) and (c) and (5) only)]Coronella austriaca
Spider, Fen RaftDolomedes plantarius
Spider, LadybirdEresus niger
Squirrel, RedSciurus vulgaris
[F19Sturgeon][F24 (in respect of section 9(4)(b) and (c) and (5) only)] [F19Acipenser sturio]
Toad, Common (in respect of section 9(5) only)Bufo bufo
Toad, Natterjack[F24 (in respect of section 9(4)(b) and (c) and (5) only)]Bufo calamita
[F39“Turtle, FlatbackNatator depressus”]
[F40“Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only)Chelonia mydas”]
[F41“Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only)Eretmochelys imbricata”]
[F42“Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only)Lepidochelys kempii”]
[F43“Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only)Dermochelys coriacea”]
[F44“Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only)Caretta caretta”]
[F45“Turtle, Olive RidleyLepidochelys olivacea”.]
F46. . . F46. . .
[F16Vendace][F16Coregonus albula]
[F20Vole, Water F47. . . ][F20Arvicola terrestris]
[F16Walrus][F16Odebenus rosmarus]
[F16Whale (all species)][F48 but in respect of section 9(4A) and (5) only][F16Cetacea]
[F16Whitefish][F16Coregonus lavaretus]
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Amendments (Textual)

F14By 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

F15By virtue of S.I. 1998/878, art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F16Entry added as provided by S.I. 1988/288, art. 2(1)

F19Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350, art. 2(1)

F20Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878, art. 2(1)

F21Entry removed from Schedule as provided by S.I. 1988/288, art. 2(5)

F22Entry added (in respect of s. 9(5) only) by S.I. 1989/906, art. 2

F23Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350, art. 2(2)

F25Entry 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)

F26Sch. 5: entries relating to dolphins or porpoises omitted (21.7.2007) by virtue of The Conservation (Natural Habitats &c. ) (Amendment) Regulations 2007 (S.I. 2007/1843), art. 7(7)(g)

F28By 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

F30Entry 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)

F31By virtue of S.I. 1998/878, art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

F35Sch. 5: words in entry relating to "Seahorse, Short Snouted" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927), art. 2(a)

F36Sch. 5: words in entry relating to "Seahorse, Spiny" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927), art. 2(b)

F46Sch. 5: entry of “Turtles, Marine (all species)” and “Dermochelyidae and Cheloniidae” omitted (E.W.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(7)(e)

F47Sch. 5: words in entry relating to "Vole, Water" omitted (E.W.) (12.8.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927), art. 2(e)

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.

[F49NOTE 2. In this Schedule “excluded waters” means the part of the territorial waters adjacent to England [F50and Wales] which is more than 6 nautical miles from the baselines from which the breadth of those waters are measured; and for these purposes “nautical miles” means international nautical miles of 1,852 metres.]

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Amendments (Textual)

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Extent Information

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

Amendments (Textual)

F13By 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.I. 2007/1843, reg. 7(7)(g) it is provided that said Dolphins (all species) and Porpoises (all species) are omitted (E.W.) (21.8.2007)

Sections 9, 10, 22 and 24.

F13SCHEDULE 5S Animals which are Protected

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Extent Information

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

Amendments (Textual)

F13By 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.I. 2007/1843, reg. 7(7)(g) it is provided that said Dolphins (all species) and Porpoises (all species) are omitted (E.W.) (21.8.2007)

Common nameScientific name
[F14Adder (in respect of section 9(5) only)][F14Vipera berus]
[F15Allis Shad (in respect of section 9(1) and (4)(a) only)][F15Alosa alosa]
[F16Anemone, Ivell’s Sea][F16Edwardsia ivelli]
[F16Anemone, Startlet Sea][F16Nematosella vectensis]
[F16Apus][F16Triops cancriformis]
[F125Bats, Horseshoe (all species)][F125Rhinolophidae]
[F125Bats, Typical (all species)][F125Vespertilionidae]
[F19Beetle] [F19Graphoderus zonatus]
[F19Beetle] [F19Hypebaeus flavipes]
[F19Beetle] [F19Parcymus aeneus]
[F19Beetle, Lesser Silver Water][F19Hydrochara caraboides]
[F19Beetle, Mire Pill (in respect of section 9(4)(a) only)][F19Curimopsis nigrita]
Beetle, Rainbow LeafChrysolina cerealis
[F20Beetle, Stag (in respect of section 9(5) only)][F20Lucanus cervus]
[F16Beetle, Violet Click][F16Limoniscus violaceus]
BurbotLota lota
. . . F21 . . . F21
[F22Butterfly, Northern Brown Argus][F22Aricia artaxerxes]
[F22Butterfly, Adonis Blue][F22Lysandra bellargus]
[F22Butterfly, Chalkhill Blue][F22Lysandra coridon]
[F22Butterfly, Silver-studded Blue][F22Plebejus argus]
[F22Butterfly, Small Blue][F22Cupido minimus]
[F15Butterfly, Large Copper][F15Lycaena dispar]
[F22Butterfly, Purple Emperor][F22Apatura iris]
[F22Butterfly, Duke of Burgandy Fritillary][F22Hamearis lucina]
[F22Butterfly, Glanville Fritillary][F22Melitaea cinxia]
Butterfly, Heath FritillaryMellicta athalia (otherwise known as Melitaea athalia)
[F23Butterfly, High Brown Fritillary][F23Argynnis adippe]
[F15Butterfly, Marsh Fritillary][F15Eurodryas aurinia]
[F22Butterfly, Pearl-bordered Fritillary][F22Boloria euphrosyne]
[F22Butterfly, Black Hairstreak][F22Strymonidia pruni]
[F22Butterfly, Brown Hairstreak][F22Thecla betulae]
[F22Butterfly, White Letter Hairstreak][F22Stymonida w-album]
[F22Butterfly, Large Heath][F22Coenonympha tullia]
[F125Butterfly, Large Blue][F125Maculinea arion]
[F22Butterfly, Mountain Ringlet][F22Erebia epiphron]
. . . F21 . . . F21
[F22Butterfly, Chequered Skipper][F22Carterocephalus palaemon]
[F22Butterfly, Lulworth Skipper][F22Thymelicus acteon]
[F22Butterfly, Silver Spotted Skipper][F22Hesperia comma]
Butterfly, SwallowtailPapilio machaon
[F22Butterfly, Large tortoiseshell][F22Nymphalis polychloros]
[F22Butterfly, Wood White][F22Leptidea sinapis]
[F125[F16Cat, Wild]][F125[F16Felis silverstris]]
[F16Cicada, New Forest][F16Cicadetta montana]
[F25Crayfish, Atlantic Stream][F25Austropotamobius pallipes]
Cricket, FieldGryllus campestris
Cricket, MoleGryllotalpa gryllotalpa
[F20Dameselfly, Southern][F20Coenagrion mercuriale]
Dolphin, Bottle-nosedTursiops truncatus (otherwise known as Tursiops tursio)
Dolphin, CommonDelphinus delphis
[F125[F16Dormouse]][F125[F16Muscardinus avellanarius]]
Dragonfly, Norfolk AeshnaAeshna isosceles
Frog, Common (in respect of section 9(5) only)Rana temporaria
[F20Goby, Couch’s][F20Gobius couchii]
[F20Goby, Giant][F20Gobius cobitis]
Grasshopper, Wart-biterDecticus verrucivorus
[F19Hatchet Shell, Northern][F19Thyasira gouldi]
[F20Hydroid, Marine][F20Clavopsella navis]
[F19Lagoon Snail][F19Paludinella littorina]
[F19Lagoon Snail, De Folin’s] [F19Caecum armoricum]
[F19Lagoon Worm, Tentacled][F19Alkmaria romijni]
[F16Leech, Medicinal][F16Hirudo medicinalis]
[F125Lizard, Sand][F125Lacerta agilis]
[F28Lizard, Viviparous (in respect of section 9(5) only)][F28Lacerta vivipara]
[F16Marten, Pine][F16Martes martes]
[F16Mat. Trembling Sea][F16Victorella pavida]
Moth, Barberry CarpetPareulype berberata
Moth, Black-veinedSiona lineata (otherwise known as Idaea lineata)
Moth, Essex EmeraldThetidia smaragdaria
[F20Moth, Fiery Clearwing][F20Bembecia chrysidiformis]
[F20Moth, Fisher’s Estuarine][F20Gortyna borelii]
Moth, New Forest BurnetZygaena viciae
Moth, Reddish BuffAcosmetia caliginosa
[F19Moth, Sussex Emerald][F19Thalera fimbrialis]
F30. . .F30. . .
[F20Mussel, Fan (in respect of section 9(1), (2) and (5) only)][F20Atrina fragilis]
[F31Mussel, Freshwater Pearl][F31Margaritifera margaritifera]
[F125Newt, Great Crested (otherwise known as Warty newt)][F125Triturus cristatus]
Newt, Palmate (in respect of section 9(5) only)Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)Triturus vulgaris
[F125Otter, Common][F125Lutra lutra]
Porpoise, Harbour (otherwise known as Common porpoise)Phocaena phocaena
[F16Sandworm, Lagoon][F16Armandia cirrhosa]
[F19Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only][F19Eunicella verrucosa]
[F19Sea Slug, Lagoon][F19Tenellia adspersa]
[F20Shad, Twaite (in respect of section 9(4)(a) only)][F20Alosa fallax]
[F20Shark, Basking][F20Cetorhinus maximus]
[F16Shrimp, Fairy][F16Chirocephalus diaphanus]
[F16Shrimp, Lagoon Sand][F16Gammarus insensiblis]
[F28Slow-worm (in respect of section 9(5) only)][F28Anguis fragilis]
F21 . . .F21 . . .
Snail, GlutinousMyxas glutinosa
Snail, SandbowlCatinella arenaria
[F28Snake, Grass (in respect of section 9(5) only)][F28Natrix helvetica [F28(also known as Natrix natrix)]]
[F125Snake, Smooth][F125Coronella austriaca]
Spider, Fen RaftDolomedes plantarius
Spider, LadybirdEresus niger
Squirrel, RedSciurus vulgaris
[F125[F19Sturgeon]][F125[F19Acipenser sturio]]
Toad, Common (in respect of section 9(5) only)Bufo bufo
[F125Toad, Natterjack][F125Bufo calamita]
[F125[F16Turtles, Marine (all species)]][F125[F16Dermochelyidae and Cheloniidae]]
[F16Vendace][F16Coregonus albula]
[F20Vole, Water (in respect of section 9(4) only)][F20Arvicola terrestris]
[F16Walrus][F16Odebenus rosmarus]
[F125[F16Whale (all species)]][F125[F16Cetacea]]
[F16Whitefish][F16Coregonus lavaretus]
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Amendments (Textual)

F14By 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

F15By virtue of S.I. 1998/878, art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F16Entry added as provided by S.I. 1988/288, art. 2(1)

F19Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350, art. 2(1)

F20Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878, art. 2(1)

F21Entry removed from Schedule as provided by S.I. 1988/288, art. 2(5)

F22Entry added (in respect of s. 9(5) only) by S.I. 1989/906, art. 2

F23Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350, art. 2(2)

F25Entry 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)

F28By 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

F30Entry 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)

F31By virtue of S.I. 1998/878, art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

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.

Sections 11 and 22.

SCHEDULE 6E+W+S Animals which may not be Killed or Taken by Certain Methods

Common nameScientific name
BadgerMeles meles
Bats, Horseshoe (all species)Rinolophidae
Bats, Typical (all species)Vespertilionidae
Cat, WildFelis silvestris
Dolphin, Bottle-nosedTursiops truncatus (otherwise known as Tursiops tursio)
Dolphin, CommonDelphinis delphis
Dormice (all species)Gliridae
HedgehogErinaceus europaeus
Marten, PineMartes martes
Otter, CommonLutra lutra
PolecatMustela putorius
Porpoise, Harbour (otherwise known as Common porpoise)Phocaena phocaena
Shrews (all species)Soricidae
Squirrel, RedSciurus 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 7E+W+S PROTECTION OF CERTAIN MAMMALS

The Ground Game Act 1880E+W+S

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.E+W+S

(2)In this paragraph “ground game” means hares and rabbits.

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Marginal Citations

The Agriculture (Scotland) Act 1948E+W+S

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.E+W+S

(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.

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Marginal Citations

The Dogs (Protection of Livestock) Act 1953E+W+S

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 E+W+S

(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.

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Editorial Information

X1The 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.

Marginal Citations

The Deer Act 1963E+W+S

[F51X24For subsection (3) of section 10 of the M4 Deer Act 1963 (general exceptions) there shall be substituted the following subsections—S

(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).]

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Editorial Information

X2The 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.

Amendments (Textual)

Marginal Citations

[F52X35(1)After section 10 of that Act there shall be inserted the following section—S

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.]

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Editorial Information

X3The 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.

Amendments (Textual)

[F53X46(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.S

(2)In paragraph 4 of that Schedule the words from “other than” onwards shall be omitted.]

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Editorial Information

X4The 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.

Amendments (Textual)

The Conservation of Seals Act 1970E+W+S

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 E+W+S

(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.

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Editorial Information

X5The 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.

Marginal Citations

The Badgers Act 1973E+W+S

F548. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F559. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F5610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F5711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F5812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Sections 13, 22 and 24.

SCHEDULE 8E+W+S Plants which are Protected

Common nameScientific name
[F59Adder’s-tongue, Least][F59Ophioglossum lusitanicum]
Alison, SmallAlyssum alyssoides
[F60Anomodon, Long-leaved][F60Anomodon longifolius]
[F60Beech-lichen, New Forest][F60Enterographa elaborata]
[F61Blackwort] [F61Southbya nigrella]
[F60Bluebell (in respect of section 13(2) only)][F60Hyacinthoides non-scripta]
[F60Bolete, Royal][F60Boletus regius]
Broomrape, BedstrawOrobanche caryophyllacea
Broomrape, OxtongueOrobanche loricata
Broomrape, ThistleOrobanche reticulata
[F59Cabbage, Lundy][F59Rhynchosinapis wrightii]
Calamint, WoodCalamintha sylvatica
[F61Caloplaca, Snow] [F61Caloplaca nivalis]
[F61Catapyrenium, Tree] [F61Catapyrenium psoromoides]
Catchfly, AlpineLychnis alpina
[F61Catillaria, Laurer’s] [F61Catellaria laurei]
[F61Centaury, Slender] [F61Centaurium tenuiflorum]
Cinquefoil, RockPotentilla rupestris
[F60Cladonia, Convoluted][F60Cladonia convoluta]
[F61Cladonia, Upright Mountain] [F61Cladonia stricta]
[F61Clary, Meadow] [F61Salvia pratensis]
Club-rush, TriangularScirpus triquetrus
[F59Colt’s-foot, Purple][F59Homogyne alpina]
Cotoneaster, WildCotoneaster integerrimus
[F59Cottongrass, Slender][F59Eriophorum gracile]
Cow-wheat, FieldMelampyrum arvense
[F59Crocus, Sand][F59Romulea columnae]
[F61Crystalwort, Lizard] [F61Riccia bifurca]
[F61Cudweed, Broad-leaved] [F61Filago pryamidata]
Cudweed, JerseyGnaphalium luteoalbum
[F59Cudweed, Red-tipped][F59Filago lutescens]
[F60Cut-grass][F60Leersia oryzoides]
[F60Deptford Pink ( in respect of England and Wales only)][F60Dianthus armeria]
DiapensiaDiapensia lapponica
[F62[F61Dock, Shore][F63 (in respect of section 13(2) only)]] [F62[F61Rumex rupestris]]
[F61Earwort, Marsh] [F61Jamesoniella undulifolia]
Eryngo, FieldEryngium campestre
[F60Feather-moss, Polar][F60Hygrohypnum polare]
Fern, Dickie’s BladderCystopteris dickieana
[F62Fern, Killarney[F64 (in respect of section 13(2) only)]][F62Trichomanes speciosum]
[F61Flapwort, Norfolk] [F61Leiocolea rutheana]
[F59Fleabane, Alpine][F59Erigeron borealis]
[F59Fleabane, Small][F59Pulicaria vulgaris]
[F61Frostwort, Pointed] [F61Gymnomitrion apiculatum]
[F60Fungus, Hedgehog][F60Hericium erinaceum]
Galingale, BrownCyperus fuscus
Gentian, AlpineGentiana nivalis
[F61Gentian, Dune] [F61Gentianella uliginosa]
[F62[F61Gentian, Early][F65 (in respect of section 13(2) only)]] [F62[F61 Gentianella anglica]]
[F59Gentian, Fringed][F59Gentianella ciliata]
Gentian, SpringGentiana verna
[F59Germander, Cut-leaved][F59Teucrium botrys]
Germander, WaterTeucrium scordium
Gladiolus, WildGladiolus illyricus
[F60Goblin Lights][F60Catolechia wahlenbergii]
[F59Goosefoot, Stinking][F59Chenopodium vulvaria]
[F59Grass-poly][F59Lythrum hyssopifolia]
[F61Grimmia, Blunt-leaved] [F61Grimmia unicolor]
[F61Gyalecta, Elm] [F61Gyalecta ulmi]
Hare’s-ear, Sickle-leavedBupleurum falcatum
Hare’s-ear, SmallBupleurum baldense
[F59Hawk’s-beard, Stinking][F59Crepis foetida]
[F61Hawkweed, Northroe] [F61Hieracium northroense]
[F61Hawkweed, Shetland] [F61Hieracium zetlandicum]
[F61Hawkweed, Weak-leaved] [F61Hieracium attenuatifolium]
Heath, BluePhyllodoce caerulea
Helleborine, RedCephalanthera rubra
[F59Helleborine, Young’s][F59Epipactis youngiana]
[F59Horsetail, Branched][F59Equisetum ramosissimum]
[F59Hound’s-tongue, Green][F59Cynoglossum germanicum]
Knawel, PerennialScleranthus perennis
Knotgrass, SeaPolygonum maritimum
[F62Lady’s-slipper[F66 (in respect of section 13(2) only)]][F62Cypripedium calceolus]
F67. . .F67. . .
F67. . .
[F61Lecanactis, Churchyard] [F61Lecanactis hemisphaerica]
[F61Lecanora, Tarn] [F61Lecanora archariana]
[F61Lecidea, Copper] [F61Lecidea inops]
Leek, Round-headedAllium sphaerocephalon
Lettuce, LeastLactuca saligna
[F61Lichen, Arctic Kidney] [F61Nephroma arcticum]
[F61Lichen, Ciliate Strap] [F61Heterodermia leucomelos]
[F61Lichen, Coralloid Rosette] [F61Heterodermia propagulifera]
[F61Lichen, Ear-lobed Dog] [F61 Peltigera lepidophora]
[F61Lichen, Forked Hair] [F61Bryoria furcellata]
[F61Lichen, Golden Hair] [F61Teloschistes flavicans]
[F61Lichen, Orange Fruited Elm] [F61 Caloplaca luteoalba]
[F61Lichen, River Jelly] [F61Collema dichotomum]
[F61Lichen, Scaly Breck] [F61Squamarina lentigera]
[F61Lichen, Stary Breck] [F61 Buellia asterella]
Lily, SnowdonLloydia serotina
[F61Liverwort] [F61 Petallophyllum ralfsi]
[F61Liverwort, Lindenberg’s Leafy] [F61Adelanthus lindenbergianus]
Marsh-mallow, RoughAlthaea hirsuta
[F62[F59Marshwort, Creeping][F68 (in respect of section 13(2) only)]][F62[F59Apium repens]]
[F59Milk-parsley, Cambridge][F59Selinum carvifolia]
[F61Moss] [F61Drepanocladius vernicosus]
[F61Moss, Alpine Copper] [F61Mielichoferia mielichoferi]
[F61Moss, Baltic Bog] [F61Sphagnum balticum]
[F61Moss, Blue Dew] [F61Saelania glaucescens]
[F61Moss, Blunt-leaved Bristle] [F61Orthotrichum obtusifolium]
[F61Moss, Bright Green Cave [F61Cyclodictyon laetevirens]]
[F61Moss, Cordate Beard] [F61Barbula cordata]
[F61Moss, Cornish Path] [F61Ditrichum cornubicum]
[F61Moss, Derbyshire Feather] [F61Thamnobryum angustifolium]
[F61Moss, Dune Thread] [F61Bryum mamillatum]
[F60Moss, Flamingo][F60Desmatodon cernuus]
[F61Moss, Glaucous Beard] [F61Barbula glauca]
[F61Moss, Green Shield] [F61Buxbaumia viridis]
[F61Moss, Hair Silk] [F61Plagiothecium piliferum]
[F61Moss, Knothole] [F61Zygodon forsteri]
[F61Moss Large Yellow Feather] [F61Scorpidium turgescens]
[F61Moss, Millimetre] [F61Micromitrium tenerum]
[F61Moss, Multifruited River] [F61Cryphaea lamyana]
[F61Moss, Nowell’s Limestone] [F61Zygodon gracilis]
[F61Moss, Rigid Apple] [F61Bartramia stricta]
[F61Moss, Round-leaved Feather] [F61Rhynocostegium rotundifolium]
[F61Moss, Schleicher’s Thread] [F61Bryum schleicheri]
[F61Moss, Triangular Pygmy]{ F61Acaulon triquetrum
[F61Moss, Vaucher’s Feather] [F61Hypnum vaucheri]
[F61Mudwort, Welsh] [F61Limosella australis]
[F59Naiad, Holly-leaved][F59Najas marina]
[F62[F61Naiad, Slender][F69 (in respect of section 13(2) only)]] [F62[F61Najas flexilis]]
[F61Orache, Stalked] [F61Halimione pedunculata]
Orchid, Early SpiderOphryas sphegodes
[F62Orchid, Fen[F70 (in respect of section 13(2) only)]][F62Liparis loeselii]
Orchid, GhostEpipogium aphyllum
[F61Orchid, Lapland Marsh] [F61Dactylorhiza lapponica]
Orchid, Late SpiderOphrys fuciflora
Orchid, LizardHimantoglossum hircinum
Orchid, MilitaryOrchis militaris
Orchid, MonkeyOrchis simia
[F61Pannaria, Caledonia] [F61Pannaria ignobilis]
[F61Parmelia, New Forest] [F61Parmelia minarum]
[F61Parmentaria, Oil Stain] [F61Parmentaria chilensis]
Pear, PlymouthPyrus cordata
[F61Penny-cress, Perfoliate] [F61Thlaspi perfoliatum]
[F59Pennyroyal][F59Mentha pulegium]
[F61Pertusaria, Alpine Moss] [F61Pertusaria bryontha]
[F61Physcia, Southern Grey] [F61Physcia tribacioides]
[F59Pigmyweed][F59Crassula aquatica]
[F61Pine, Ground] [F61Ajuga chamaepitys]
Pink, CheddarDianthus gratianopolitanus
Pink, ChildlingPetroraghia nanteuilii
[F62[F61Plantain , Floating Water][F71 (in respect of section 13(2) only)]] [F62[F61Luronium natans]]
[F60Polypore, Oak][F60Buglossoporus pulvinus]
[F61Pseudocyphellaria, Ragged] [F61Pseudocyphellaria lacerata]
[F61Psora, Rusty Alpine] [F61Psora rubiformis]
[F60Puffball, Sandy Stilt][F60Battarraea phalloides]
[F59Ragwort, Fen][F59Senecio paludosus]
[F59Ramping-fumitory, Martin’s][F59Fumaria martinii]
[F61Rampion, Spiked] [F61Phyteuma spicatum]
[F59Restharrow, Small][F59Ononis reclinata]
[F59Rock-cress, Alpine][F59Arabis alpina]
[F59Rock-cress, Bristol][F59Arabis stricta]
[F61Rustworth, Western] [F61Marsupella profunda]
Sandwort, NorwegianArenaria norvegica
Sandwort, TeesdaleMinuartia stricta
Saxifrage, DroopingSaxifraga cernua
[F62[F61Saxifrage, Marsh][F72 (in respect of section 13(2) only)]] [F62[F61Saxifrage hirulus]]
Saxifrage, TuftedSaxifraga cespitosa
[F61Solenopsora, Serpentine] [F61Solenopsora liparina]
Solomon’s-seal, WhorledPolygonatum verticillatum
Sow-thistle, AlpineCicerbita alpina
Spearwort, Adder’s-tongueRanunculus ophioglossifolius
[F59Speedwell, Fingered][F59Veronica triphyllos]
Speedwell, SpikedVeronica spicata
F67. . .F67. . .
[F60Spike-rush, Dwarf][F60Eleocharis parvula]
[F60Stack Fleawort, South][F60Tephroseris integrifolia (ssp maritima)]
[F59Star-of-Bethlehem, Early][F59Gagea bohemica]
StarfruitDamasonium alisma
[F61Stonewort, Bearded] [F61Chara canescens]
[F59Stonewort, Foxtail][F59Lamprothamnium papulosum]
[F59Strapwort][F59Corrigiola litoralis]
[F60Sulphur-tresses, Alpine][F60Alectoria ochroleuca]
[F60Threadmoss, Long-leaved][F60Bryum neodamense]
[F61Turpswort] [F61Geocalyx graveolens]
Violet, FenViola persicifolia
[F59Viper’s-grass][F59Scorzonera humilis]
Water-plantain, Ribbon leavedAlisma gramineum
Wood-sedge, StarvedCarex depauperata
Woodsia, AlpineWoodsia alpina
Woodsia, OblongWoodsia ilvensis
Wormwood, FieldArtemisia campestris
Woundwort, DownyStachys germanica
Woundwort, LimestoneStachys alpina
Yellow-rattle, GreaterRhinanthus serotinus
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Amendments (Textual)

F59Entry added by S.I. 1988/288, art. 3

F60Entries in Sch. 8 added (16.4.1998) by S.I. 1998/878, art. 3

F61Entries in Sch. 8 added (29.10.1992) by S.I. 1992/2350, art. 3(1).

F67Entries in Sch. 8 removed (29.10.1992) by S.I. 1992/2350, art. 3(2).

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.

Sections 14 and 22.

SCHEDULE 9E+W+S Animals and plants to which section 14 applies

Part I E+W+S Animals which are established in the wild

Common nameScientific name
Bass, Large-mouthed BlackMicropterus salmoides
Bass, RockAmbloplites rupestris
BitterlingRhodeus sericeus
BudgerigarMelopsittacus undulatus
CapercaillieTetrao urogallus
CoypuMyocastor coypus
[F73Crayfish, Noble] [F73Astacus astacus]
[F73Crayfish, Signal] [F73Pacifastacus leniusculus]
[F73Crayfish, Turkish] [F73Astacus leptodactylus]
[F74Deer, Muntjac][F74Muntiacus reevesi]
[F73Deer, Sika] [F73Cervus nippon]
[F75 Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer][F75 Any hybrid of Cervus nippon]
[F75 With respect to the Outer Hebrides and the isalnds of Aaran, Islay, Jura and Rum - (a)Deer, Cervus(allspecies)][F75 Cervus]
[F75 (b)Deer, any hybrid one of whose parents or other lineal ancestor was a species of Cervus Deer][F75 Any hybrid of the genus Cervus]
Dormouse, FatGlis glis
Duck, Carolina WoodAix sponsa
Duck, MandarinAix galericulata
Duck, RuddyOxyura jamaicensis
Eagle, White-tailedHaliaetus albicilla
[F73Flatworm, New Zealand] [F73Artiposthia triangulata]
Frog, EdibleRana esculenta
Frog, European Tree (otherwise known as Common tree frog)Hyla arborea
Frog, MarshRana ridibunda
Gerbil, MongolianMeriones unguiculatus
Goose, CanadaBranta canadensis
Goose, EgyptianAlopochen aegyptiacus
Heron, NightNycticorax nycticorax
Lizard, Common WallPodarcis muralis
Marmot, Prairie (otherwise known as Prairie dog)Cynomys
Mink, AmericanMustela vison
Newt, AlpineTriturus alpestris
[F73Newt, Italian Crested] [F73Triturus carnifex]
[F76Owl, Barn] [F76Tyto alba]
Parakeet, Ring-neckedPsittacula krameri
Partridge, ChukarAlectoris chukar
Partridge, RockAlectoris graeca
Pheasant, GoldenChrysolophus pictus
Pheasant, Lady Amherst’sChrysolophus amherstiae
Pheasant, Reeves’Syrmaticus reevesii
Pheasant, SilverLophura nycthemera
Porcupine, CrestedHystrix cristata
Porcupine, HimalayanHystrix hodgsonii
Pumpkinseed (otherwise known as Sun-fish or Pond-perch)Lepomis gibbosus
Quail, BobwhiteColinus virginianus
Rat, BlackRattus rattus
[F73Snake, Aesculapian] [F73Elaphe longissima]
Squirrel, GreySciurus carolinensis
Terrapin, European PondEmys orbicularis
Toad, African ClawedXenopus laevis
Toad, MidwifeAlytes obstetricans
Toad, Yellow-belliedBombina variegata
Wallaby, Red-neckedMacropus rufogriseus
Wels (otherwise known as European catfish)Silurus glanis
ZanderStizostedion lucioperca
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Amendments (Textual)

F73Entries in Sch. 9 Pt. I added (17.03.1992) by S.I. 1992/320, art. 2.

F74Entry in Sch. 9 Pt. I added (5.3.1997) by S.I. 1997/226, art. 2

F75Entries in Sch. 9 Pt. I added (28.4.1999) by S.I. 1999/1002, art. 2

F76Entry in Sch. 9 Pt. I added (25.11.1992) by S.I. 1992/2674, art. 2.

Part II E+W+S Plants

Common nameScientific name
[F77False-acaciaRobinia pseudoacacia]
[F77FanwortCabomba caroliniana]
[F77Fern, WaterAzolla filiculoides]
[F77Fig, HottentotCarpobrotus edulis]
Hogweed, GiantHeracleum mantegazzianum
[F77Hyacinth, waterEichhornia crassipes]
[F78Kelp, Giant] [F78Macrocystis angustifolia]
[F78Kelp, Giant] [F78Macrocystis integrifolia]
[F78Kelp, Giant] [F78Macrocystis laevis]
Kelp, GiantMacrocystis pyrifera
[F78Kelp, Japanese] [F78Laminaria japonica]
Knotweed, JapanesePolygonum cuspidatum
[F77Leek, Few-floweredAllium paradoxum]
[F77Lettuce, waterPistia stratiotes]
[F77Parrot's-featherMyriophyllum aquaticum]
[F77Pennywort, FloatingHydrocotyle ranunculoides]
[F77Salvinia, GiantSalvinia molesta]
[F78Seafingers, Green] [F78Codium fragile tomentosoides]
[F78Seaweed, Californian Red] [F78Pikea californica]
[F78Seaweed, Hooked Asparagus] [F78Asparagopsis armata]
Seaweed, JapaneseSargassum muticum
[F78Seaweeds, Laver (except native species)] [F78Porphyra spp except -]
[F78p. amethystea]
[F78p. leucosticta]
[F78p. linearis]
[F78p. miniata]
[F78p. purpurea]
[F78p. umbilicalis]
[F77ShallonGaultheria shallon]
[F77Stonecrop, Australian swampCrassula helmsii]
[F78Wakame] [F78Undaria pinnatifida]
[F77Waterweed, CurlyLagarosiphon major]
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Amendments (Textual)

F78Words in Sch. 9 Pt. II added (17.3.1992) by S.I. 1992/320, art. 3

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.

Section 15

X6SCHEDULE 10E+W+S+N.I. Amendment of the Endangered Species (Import and Export) Act 1976

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X6The 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 E+W+S+N.I. The Amendments

LicencesE+W+S+N.I.

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—E+W+S+N.I.

(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,; and in paragraph (c) of that subsection for the words from “a period” to “shorter” there shall be substituted the word “such”.

Expenses of returning animals and plants to the wildE+W+S+N.I.

2After subsection (8) of section 1 of the 1976 Act there shall be inserted the following subsection—E+W+S+N.I.

(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 entryE+W+S+N.I.

3After the subsection inserted by paragraph 2 as subsection (9) of section 1 of the 1976 Act there shall be inserted the following subsections—E+W+S+N.I.

(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 SchedulesE+W+S+N.I.

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”.E+W+S+N.I.

(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 derivativesE+W+S+N.I.

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.E+W+S+N.I.

(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 E+W+S+N.I. Schedule inserted as Schedule 4

SCHEDULE 4 E+W+S+N.I. Animals the Sale etc. of Which is Restricted

This Schedule applies to the following kinds of animals, namely—

MAMMALS E+W+S+N.I.

1The kinds of mammal specified in the first column below—E+W+S+N.I.

MarsupialsE+W+S+N.I.
KindCommon name
BettongiaRat kangaroo
Caloprymnus campestrisDesert rat-kangaroo
Lagorchestes hirsutusWestern hare-wallaby
Lagostrophus fasciatusBanded hare-wallaby
Onychogalea fraenataBridle nail-tailed wallaby
Onychogalea lunataCrescent nail-tailed wallaby
Lasiorhinus krefftiiQueensland hairy-nosed wombat
Chaeropus ecaudatusPig-footed bandicoot
Macrotis lagotisRabbit-bandicoot
Macrotis leucaraLesser rabbit-bandicoot
Perameles bougainvilleWestern barred bandicoot
Sminthopsis longicaudataLong-tailed dunnart
Sminthopsis psammophilaSandhill dunnart
Thylacinus cynocephalusTasmanian wolf
PrimatesE+W+S+N.I.
AllocebusHairy-eared dwarf lemur
CheirogaleusDwarf lemurs
HapalemurGentle lemurs
LemurLemurs
LepilemurSportive and weasel lemurs
MicrocebusMouse lemurs
PhanerFork-marked mouse lemurs
AvahiAvahis (otherwise known as Woolly indris)
IndriIndris
PropithecusSifakas
Daubentonia madagascariensisAye-aye
Callimico goeldiiGoeldi’s marmoset (otherwise known as Goeldi’s tamarin)
Callithrix auritaWhite eared marmoset
Callithrix flavicepsBuff-headed marmoset
LeontopithecusManed tamarin (otherwise known as Golden tamarin)
Saguinus bicolorPied tamarin
Saguinus geoffroyiGeoffroy’s tamarin
Saguinus leucopusWhite-footed tamarin
Saguinus oedipusCotton-headed tamarin
Alouatta palliata (otherwise known as Alouatta villosa)Mantled howler
Ateles geoffroyi frontatusBlack-browed spider monkey
Ateles geoffroyi panamensisRed spider monkey
Brachyteles arachnoidesWoolly spider monkey
CacajaoUakaris
Chiropotes albinasusWhite-nosed saki
Saimiri oerstediiRed-backed squirrel monkey
Cercocebus galeritus galeritusTana River mangabey
Cercopithecus dianaDiana monkey
Colobus badius kirkiiKirk’s red colobus (otherwise known as Zanzibar red colobus)
Colobus badius rufomitratusTana River red colobus
Macaca silenusLion-tailed macaque
Nasalis larvatusProboscis monkey
Papio leucophaeus (otherwise known as Mandrillus leucophaeus)Drill
Papio sphinx (otherwise known as Mandrillus sphinx)Mandrill
Presbytis entellusLangur (otherwise known as Entellus langur or True langur)
Presbytis geeiGolden langur
Presbytis pileatusCaped langur
Presbytis potenzianiMentawi leaf monkey
Pygathrix nemaeusDouc langur
Rhinopithecus roxellanaeSnub-nosed langur
Simias concolorMentawi snub-nosed langur
HybolatesGibbons
Symphalangus syndactylusSiamang
PongidaeGreat apes
EdentatesE+W+S+N.I.
Pridontes giganteus (otherwise known as Priodontes maximus)Giant armadillo
PangolinsE+W+S+N.I.
Manis temminckiSouth African pangolin
Rabbits and haresE+W+S+N.I.
Caprolagus hispidusAssam rabbit (otherwise known as Hispid hare)
Romerolagus diaziVolcano rabbit
RodentsE+W+S+N.I.
Cynomys mexicanusMexican prairie marmot
Leporillus conditorAustralian sticknest rat
Pseudomys fumeusSmoky mouse
Pseudomys praeconisShark Bay mouse
Xeromys myoidesFalse water rat
Zyzomys pendunculatusCentral thick-tailed rat
Chinchilla (except any domestic form of Chinchilla laniger)Chinchilla
CetaceansE+W+S+N.I.
Lipotes vexilliferChinese river dolphin
Physter catodon (otherwise known as Physeter macrocephalus)Sperm whale
Platanista gangeticaGanges dolphin
Platanista minorIndus river dolpin
SotaliaHumpbacked dolphins
SousaHumpacked dolphins
Neophocaena phocaenoidesFinless porpoise
Phocoena sinusCochito
Balaena mysticetusGreenland right whale (otherwise known as Bowhead whale)
Balaenoptera borealisSei whale
Balaenoptera musculusBlue whale
Balaenoptera physalusCommon rorqual
EschrichtiusGrey whales
EubalaenaRight whales
Megaptera novaeangliaeHumpback whale
CarnivoresE+W+S+N.I.
Spethos venaticusBush dog
Vulpes velox hebesNorthern kit fox
Helarctos malayanusSun bear
Selenarctos thibetanusAsiatic black bear
Tremarctos ornatusSpectacled bear
Ursus arctos isabellinusBrown bear
Ursus arctos nelsoniMexican brown bear
Ursus arctos pruinosusTibetan brown bear
Aonyx microdonCameroon clawless otter
Enhydra lutris nereisSouthern sea otter
Lutra felinaMarine otter
Lutra longicaudisSouth American otter
Lutra lutraEurasian otter
Lutra provocaxSouthern river otter
Mustela nigripesBlack-footed ferret
Pteronura brasiliensisGiant otter
Prionodon pardicolorSpotted linsang
Hyaena brunneaBrown hyaena
Acinonyx jubatusCheetah
Felis bengalensis bengalensisLeopard cat
Felis concolor coryiFlorida puma
Felis concolor costaricensisCosta Rica puma
Felis concolor cougarEastern puma
Felis jacobitaAndean cat
Felis rufa escuinapaeMexican bobcat
Felis marmorataMarbled cat
Felis nigripesBlack-footed cat
Felis pardalis mearnsiCosta Rica ocelot
Felis pardalis mitisBrazilian ocelot
Felis planicepsFlat-headed cat
Felis rubiginosaRusty spotted cat
Felis temminckiAsiatic golden cat
Felis tigrina oncillaLittle spotted cat
Felis wiedii nicaraguaeNicaraguan margay
Felis wiedii salviniaGuatemalan margay
Felis yagouaroundi cacomitliJaguarundi
Felis yagouaroundi fossataJaguarundi
Felis yagouaroundi panamensisJaguarundi
Felis yagouaroundi toltecaJaguarundi
Neofelis nebulosaClouded leopard
Panthera leo persicaAsiatic lion
Panthera oncaJaguar
Panthera pardusLeopard
Panthera tigrisTiger
Panthera unciaSnow leopard
SealsE+W+S+N.I.
Arcocephalus townsendiGuadelupe fur seal
MonachusMonk seals
ElephantsE+W+S+N.I.
Elephas maximusAsian elephant
Sea-cowsE+W+S+N.I.
Dugong dugonDugong (otherwise known as Sea-cow)
Trichechus inunguisAmazonian manatee
Trichechus manatusWest Indian manatee
Odd-toed ungulatesE+W+S+N.I.
Equus grevyiGrevy’s zebra
Equus hemionus hemionusMongolian wild ass
Equus hemionus khurIndian wild ass
Equus przewalskiiPrzewalski’s horse
Equus zebra zebraCape mountain zebra
Tapirus bairdiiCentral American tapir
Tapirus indicusMalayan tapir (otherwise known as Indian tapir)
Tapirus pinchaqueMountain tapir (otherwise known as Woolly tapir)
RhinocerotidaeRhinoceroses
Even-toed ungulatesE+W+S+N.I.
Babyrousa babyrussaBabirusa
Sus salvaniusPygmy hog
Vicugna vicugnaCalamian deer
Axis kuhliBawean deer
Axis porcinus annamiticusThai hog deer
Blastocerus dichotomusMarsh deer
Cervus duvauceliSwamp deer
Cervus elaphus hangluKashmir stag (otherwise known as Hanglu)
Cervus eldiBrow-antlered deer
Dama mesopotamicaPersian fallow deer
Hippocamelus antisiensisPeruvian huemal
Hippocamelus bisulcusChilean huemal
Moschus moschiferus moschiferusHimalayan musk deer
Ozotoceros bezoarticusPampas deer
Pudu puduChilean pudu
Antilocapra americana peninsularisLower California pronghorn
Antilocapra americana sonoriensisSonoran pronghorn
Bison bison athabascaeWood bison
Bos gaurusGaur
Bos mutusWild yak
Bubulas depressicornisLowland anoa
Bubalus mindorensisTamaraw
Bubalus quarlesiMountain anoa
Capra falconeri chiltanensisMarkhor
Capra falconeri jerdoniMarkhor
Capra falconeri megacerosMarkhor
Capricornis sumatraensisSerow
Hippotragus niger varianiGiant sable antelope
Nemorhaedua goralGoral
Novibos sauveliKoupray
Oryx leucoryxArabian oryx
Ovis ammon hodgsoniGreat Tibetan sheep
Ovis orientalis ophionCyprian mouflon
Ovis vigneiUrial
Pantholops hodgsoniTibetan antelope
Rupicapra rupicapra ornataAbrussi chamois

BIRDS E+W+S+N.I.

2The kinds of bird specified in the first column below—E+W+S+N.I.

RheasE+W+S+N.I.
Pterocnemia pennataLesser rhea
TinamousE+W+S+N.I.
Tinamus solitariusSolitary tinamou
PenguinsE+W+S+N.I.
Spheniscus humboldtiHumboldt penguin
GrebesE+W+S+N.I.
Podilymbus gigasAtitlan grebe
AlbatrossesE+W+S+N.I.
Diomedea albatrusShort-tailed albatross
Pelican-like birdsE+W+S+N.I.
Sula abbottiAbbot’s booby
Fregata andrewsiChristmas Island frigatebird
StorksE+W+S+N.I.
Ciconia ciconia boycianaJapanese white stork
Geronticus eremitaBald ibis
Nipponia nipponJapanese crested ibis
WaterfowlE+W+S+N.I.
Anas aucklandica nesiotisCampbell Island Flightless teal
Anas laysanensisLaysan duck
Anas oustaletiMarianas Island duck (otherwise known as Marianas Mallard)
Branta canadensis leucopareiaAleutian Canada goose
Branta sandvicensisHawaiian goose (otherwise known as Nene)
Cairina scutulataWhite winged wood duck
Rhodonessa caryophyllaceaPink-headed duck
Diurnal Birds of PreyE+W+S+N.I.
CathartidaeNew world vultures
Pandion haliaetusOsprey
AccipitridaeTrue hawks
Sagittarius serpentariusSecretary bird
FalconidaeFalcons
GamebirdsE+W+S+N.I.
Aburria jacutingaBlack-fronted curassow (otherwise known as Black-fronted guan)
Aburria pipileWhite-headed curassow (otherwise known as Piping guan)
Catreus wallichiiCheer pheasant
Colinus virginianus ridgwayiMasked bobwhite
Crax blumenbachiiRed-billed curassow
Crax mituRazor-billed curassow
Crossoptilon crossoptilonWhite Eared-pheasant
Crossoptilon mantchuricumBrown Eared-pheasant
Lophophorus impejanusHimalayan monal
Lophophorus lhuysiiChinese monal
Lophophorus sclateriSclater’s monal
Lophura edwardsiEdward’s pheasant
Lophura imperialisImperial pheasant
Lophura swinhoeiSwinhoe’s pheasant
Macrocephalon maleoMaleo Fowl
Oreophasis derbianusHorned guan
Penelope albipennisWhite-winged guan
Polyplectron emphanumPalawan peacock pheasant
Syrmaticus elliotiElliot’s pheasant
Syrmaticus humiaeHume’s pheasant (otherwise known as Bar-tailed pheasant)
Syrmaticus mikadoMikado pheasant
Tetraogallus caspiusCaspian snowcock
Tetraogallus tibetanusTibetan snowcock
Tragopan blythiiBlyth’s tragopan
Tragopan cabotiCabot’s tragopan
Tragopan melanocephalusWestern tragopan
Tympanuchus cupido attwateriAttwater’s prairie chicken
Cranes and railsE+W+S+N.I.
Grus americanaWhooping crane
Grus canadensis nesiotesCuban sandhill crane
Grus canadensis pullaMississippi sandhill crane
Grus japonensisManchurian crane (otherwise known as Japanese crane)
Grus leucogeranusSiberian White crane
Grus monachaHooded crane
Grus nigricollisBlack-necked crane
Grus vipioWhite-necked crane (otherwise known as White-naped crane)
Tricholimnas sylvestrisLord Howe wood-rail
Rhynochetos jubatusKagu
Chlamydotis undulataHoubara bustard
Choriotis nigriceps (otherwise known as Ardeotis nigriceps)Great Indian bustard
Eupodotis bengalensisBengal florican
Waders and GullsE+W+S+N.I.
Numenius borealisEskimo curlew
Tringa guttiferSpotted greenshank (otherwise known as Nordmann’s greenshank)
Larus relictusRelict gull
Pigeons and dovesE+W+S+N.I.
Caloenas nicobaricaNicobar pigeon
Ducula mindorensisMindoro imperial pigeon
ParrotsE+W+S+N.I.
Amazona arausiacaRed-necked parrot (otherwise known as Red-necked amazon)
Amazona barbadensisYellow-shouldered parrot (otherwise known as Yellow-shouldered amazon)
Amazona brasiliensisRed-tailed parrot (otherwise known as Red-tailed amazon)
Amazona guildingiiSt. Vincent parrot (otherwise known as St. Vincent amazon)
Amazona imperialisImperial parrot (otherwise known as Imperial amazon)
Amazona leucocephalaCuban parrot (otherwise known as Cuban amazon)
Amazona pretreiRed-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 versicolorSt Lucia parrot (otherwise known as St Lucia amazon)
Amazona vinaceaVinaceous parrot (otherwise known as Vinaceous amazon)
Amazona vittataPuerto Rico parrot (otherwise known as Puerto Rican amazon)
Anodorhynchus glaucusGlaucous macaw
Anodorhynchus leariLear’s macaw
Aratinga guarubaGolden parakeet (otherwise known as Golden conure)
Cyanopsitta spixiiSpix’s macaw
Cyanoramphus auriceps forbesiForbes’ parakeet
Cyanoramphus novaezelandiaeRed-fronted parakeet
Cyclopsitta diophthalma coxeni (otherwise known as Opopsitta diophthalma coxeni)Coxen’s fig parrot
Geopsittacus occidentalisAustralian night parrot
Neophema chrysogasterOrange-bellied parakeet (otherwise known as Orange-bellied parrot)
Pezoporus wallicusGround parrot
Pionopsitta pileataRed-capped parrot (otherwise known as Pileated parrot)
Psephotus chrysopterygiusGolden-shouldered parakeet (otherwise known as Golden-shouldered parrot or Hooded parakeet)
Psephotus pulcherrimusParadise parrot
Psittacula echo (otherwise known as Psittacula krameri echo)Mauritius parakeet (otherwise known as Mauritius ring-necked parakeet)
Psittacus erithacus princepsFernando Po grey parrot
Pyrrhura cruentataBlue-throated conure
Rhynchopsitta pachyrhynchaThick-billed parrot
Rhynchopsitta terrisiMaroon-fronted parrot
Strigops habroptilusKakapo (otherwise known as Owl parrot)
HummingbirdsE+W+S+N.I.
Ramphodon dohrniiHook-billed hermit
TrogonsE+W+S+N.I.
Pharomachrus mocinno costaricensisCosta Rican quetzal (otherwise known as Resplendent quetzal)
Pharomachrus mocinno mocinnoMagnificent quetzal (otherwise known as Resplendent quetzal)
OwlsE+W+S+N.I.
TytonidaeBarn owls
StrigidaeTypical owls
HornbillsE+W+S+N.I.
Buceros bicornis (otherwise known as Buceros homraiGreat pied hornbill
Rhinoplax vigilHelmeted hornbill
WoodpeckersE+W+S+N.I.
Campephilus imperialisImperial woodpecker
Dryocopus javensis richardsiTristram’s woodpecker (otherwise known as White-bellied black woodpecker)
SongbirdsE+W+S+N.I.
Cotinga maculataBanded cotinga
Xipholena atropurpureaWhite-winged cotinga
Pitta kochiKoch’s pitta
Atrichornis clamosaNoisy scrub-bird
Leucopsar rothschildiRothschild’s mynah
Dasyornis brachypterus longirostrisWestern bristlebird
Dasyornis broadbenti littoralisWestern rufous bristlebird
Picathartes gymnocephalusWhite-necked rockfowl (otherwise known as Yellow-headed rockfowl or Guinea bear-headed rockfowl)
Picathartes oreasGrey-necked rockfowl (otherwise known as Cameroon bare-headed rockfowl or Red-headed rockfowl)
Zosterops albogularisWhite-breasted silver-eye
Meliphaga cassidixHelmeted honeyeater
Spinus cucullatus (otherwise known as Carduelis cucullatus)Red siskin

E+W+S+N.I.

E+W+S+N.I. REPTILES

3The kinds of reptile specified in the first column below—E+W+S+N.I.

CrocodiliansE+W+S+N.I.
Alligator sinensisChinese alligator
Caiman crocodilus apaporiensisRio Apaporis caiman (otherwise known as Spectacled caiman)
Caiman latirostrisBroad-nosed caiman
Melanosuchus nigerBlack caiman
Crocodylus acutusAmerican crocodile
Crocodylus cataphractusAfrican slender-snouted crocodile (otherwise known as African sharp-nosed crocodile)
Crocodylus intermediusOrinoco crocodile
Crocodylus moreletiiMorelet’s crocodile
Crocodylus niloticusNile crocodile
Crocodylus novaeguineae mindorensisPhilippine crocodile
Crocodylus palustrisMugger (otherwise known as Marsh crocodile or Broad-snouted crocodile)
Crocodylus porosusEstuarine crocodile (otherwise known as Salt-water crocodile)
Crocodylus rhombiferCuban crocodile
Crocodylus siamensisSiamese crocodile
Osteolaemus tetraspisWest African dwarf crocodile
Tomistoma schlegeliiFalse gharial (otherwise known as False gavial)
Gavialis gangeticusIndian gharial (otherwise known as Indian gavial)
IguanasE+W+S+N.I.
BrachylophusFijian iguanas
CycluraCaribbean rock iguanas
Sauromalus variusSan Esteban Island chuck-walla
LizardsE+W+S+N.I.
Varanus bengalensisBengal monitor (otherwise known as Indian monitor or Common monitor)
Varanus flavescensYellow monitor
Varanus griseusDesert monitor (otherwise known as Agra monitor or Grey monitor)
Varanus komodoensisKomodo dragon
SnakesE+W+S+N.I.
AcrantophisMadagascar boas
BolyeriaRound island boas
CasareaRound island boas
Epicrates inornatusYellow tree boa
Epicrates subflavusJamaican boa
Python molurus molurusIndian python (otherwise known as Indian rock python)
Sanzinia madagascariensisMadagascar boa
TuataraE+W+S+N.I.
Sphenodon punctatusTuatara
CheloniansE+W+S+N.I.
Batagur baskaRiver 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 tectaIndian tent turtle (otherwise known as Indian sawback turtle or Roofed turtle or Dura turtle)
Morenia ocellataBurmese swamp turtle
Terrapene coahuilaAquatic 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
CheloniidaeSea turtles
Dermochelys coriaceaLeatherback turtle (otherwise known as Leathery turtle or Luth)
Lissemys punctata punctataIndian flap-shelled turtle
Trionyx aterCuatro Cienegas soft-shell turtle (otherwise known as Black soft-shelled turtle)
Trionyx gangeticusGanges soft-shelled turtle (otherwise known as Indian soft-shelled turtle)
Trionyx hurumPeacock-marked soft-shelled turtle
Trionyx nigricansDark-coloured soft-shelled turtle
Pseudemydura umbrinaShort-necked turtle (otherwise known as Western swamp turtle)

E+W+S+N.I.

E+W+S+N.I. 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 zetekiGolden frog (otherwise known as Zetek’s frog)
Bufo periglenesGolden toad (otherwise known as Orange toad)
Bufo superciliarisCameroon toad
NectophrynoidesViviparous toads

E+W+S+N.I.

E+W+S+N.I. FISH

5The kinds of fish specified in the first column below—E+W+S+N.I.

KindCommon name
Acipenser brevirostrumShortnose sturgeon
Scleropages formosusAsiatic bonytongue
Coregonus alpenaeLongjaw cisco
Chasmistes cujusCui-ui
Probarbus jullienilkan temolek
Pangasianodon gigasGiant catfish
Stizostedion vitreum glaucumBlue walleye
Cynoscion macdonaldiDrum fish

E+W+S+N.I.

E+W+S+N.I. MOLLUSCS

6The kinds of mollusc specified below—E+W+S+N.I.

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 E+W+S+N.I.

E+W+S+N.I. Schedule inserted as Schedule 5

SCHEDULE 5 E+W+S+N.I.

E+W+S+N.I. Plants the sale etc. of which is restricted

This Schedule applies to the kinds of plant specified in the second column below—

FamilyKind
ApocynaceaePachypodium namaquanum
AraceaeAlocasia sanderana
CactaceaeAriocarpus agavoides
Ariocarpus scapharostrus
Aztekium ritteri
Echinocereus lindsayi
Obregonia denegrii
Pelecyphora aselliformis
Pelecyphora strobiliformis
CaryocaraceaeCaryocar costaricense
CaryophyllaceaeGymnocarpus przewalskii
Melandrium mongolicus
Silene mongolica
Stellaria pulvinata
CupressaceaeFitzroya cupressoides
Pilgerodendron uviferum
CycadaceaeMirocycas calocoma
GentianaceaePrepusa hookeriana
HumiriaceaeVantanea barbourii
JuglandaceaeEngelhardtia pterocarpa
LeguminosaeAmmopiptanthus mongolicum
Cynometra hemitomophylla
Platymiscium pleiostachyum
Tachigalia versicolor
LiliaceaeAloe albida
Aloe pillansii
Aloe polyphylla
Aloe thorncropftii
Aloe vossii
MelastomataceaeLavoisiera itambana
MeliaceaeGuarea longipetiola
MoraceaeBatocarpus costaricensis
NepenthaceaeNepenthes rajah
OrchidaceaeCattleya skinneri
Cattleya trianae
Didiciea cunninghamii
Laelia jongheana
Laelia lobata
Lycaste virginalis var alba
Peristeria elata
Renanthera imschootiana
Vanda coerulea
PinaceaeAbies guatemalensis
Abies nebrodensis
PodocarpaceaePodocarpus costalis
Podocarpus parlatorei
ProteaceaeOrothamnus zeyheri
Protea odorata
RubiaceaeBalmea stormae
SarraceniaceaeSarracenia alabamensis alabamensis
Sarracenia jonesii
Sarracenia oreophila
Saxifragaceae (otherwise known as Grossulariaceae)Ribes sardoum
StangeriaceaeStangeria eriopus
UlmaceaeCeltis aetnensis
WelwitschiaceaeWelwitschia bainesii
ZamiaceaeEncephalartos
ZingiberaceaeHedychium philippinense

[F79SCHEDULE 10AE+W Delegation of appellate functions

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Amendments (Textual)

InterpretationE+W

1In this Schedule—E+W

  • 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.

AppointmentsE+W

2An appointment under section 28F(8) or 28L(10) must be in writing and—E+W

(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 personE+W

3Subject 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—E+W

(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 personsE+W

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.E+W

(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 appointmentsE+W

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.E+W

(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 StateE+W

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.E+W

(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.]

Sections 29 and 34.

SCHEDULE 11E+W+S Procedure in connection with Certain Orders under Part II

Coming into operationE+W+S

1E+W+S

1[F80(1)An original order or a restrictive amending order shall take effect on its being made.E+W+S

(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.]

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Amendments (Textual)

F80Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Publicity for ordersE+W+S

2E+W+S

2[F81(1)Where an order takes effect immediately, the authority making the order (whether the relevant authority or the Secretary of State) shall give notice—E+W+S

(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.]

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Amendments (Textual)

F81Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Unopposed ordersE+W+S

3E+W+S

3[F82(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,—E+W+S

(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).]

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Amendments (Textual)

F82Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Opposed ordersE+W+S

4E+W+S

4[F83(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—E+W+S

(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.]

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Amendments (Textual)

F83Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Marginal Citations

Restriction on power to amend orders or confirm them with modificationsE+W+S

5E+W+S

[F84The 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.]

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Amendments (Textual)

F84Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Notice of final decision on ordersE+W+S

6E+W+S

6[F85(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—E+W+S

(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).]

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Amendments (Textual)

F85Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

Proceedings for questioning validity of ordersE+W+S

7E+W+S

7[F86(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.E+W+S

(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 [F8729 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.]

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Amendments (Textual)

F86Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

F87Words in Sch. 11 para. 7(2) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III

InterpretationE+W+S

8E+W+S

[F88In 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;

  • order” means an order under section [F8929 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.]

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Amendments (Textual)

F88Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11); S.S.I. 2004/495, art. 2

F89Words in Sch. 11 para. 8 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III

Section 36.

F90SCHEDULE 12E+W+S Procedure in Connection With Orders Under Section 36

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Amendments (Textual)

F90Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

ConsultationE+W+S

1E+W+S

[F91Before making an order, the Secretary of State shall consult with such person as he may consider appropriate.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F91Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Publicity for draft ordersE+W+S

2E+W+S

2[F92(1)Before making an order, the Secretary of State shall prepare a draft of the order and give notice—E+W+S

(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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F92Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Unopposed ordersE+W+S

3E+W+S

[F93If 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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F93Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Opposed ordersE+W+S

4E+W+S

4[F94(1)If any representation or objection duly made is not withdrawn the Secretary of State shall, before making the order, either—E+W+S

(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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F94Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Restriction on power to make orders with modificationsE+W+S

5E+W+S+N.I.

5[F95(1)The Secretary of State shall not make an order with modifications so as—E+W+S+N.I.

(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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F95Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Local inquiriesE+W+S

6E+W+S

6[F96(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.E+W+S

(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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F96Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Marginal Citations

Notice of making of ordersE+W+S

7E+W+S

7[F97(1)As soon as practicable after an order is made, the Secretary of State shall give notice—E+W+S

(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).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F97Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

Proceedings for questioning validity of ordersE+W+S

8E+W+S

8[F98(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.E+W+S

(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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F98Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

SupplementalE+W+S

9E+W+S

9[F99(1)In this Schedule—E+W+S

  • area” includes district [F100or 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;

  • 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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F99Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

F101F101SCHEDULE 13E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Section 53.

SCHEDULE 14E+W+S Applications for Certain Orders Under Part III

Form of applicationsE+W+S

1An application shall be made in the prescribed form and shall be accompanied by—E+W+S

(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 applicationsE+W+S

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.E+W+S

(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 authorityE+W+S

3(1)As soon as reasonably practicable after receiving a certificate under paragraph 2(3), the authority shall—E+W+S

(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 orderE+W+S

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.E+W+S

(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 [F106(which may include a direction as to the time within which an order is to be made)].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F106Words in Sch. 14 para. 4(2) inserted (E.W.) (13.2.2004 for E. and 31.5.2005 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 10; S.I. 2004/292, art. 2; S.I. 2005/1314, art. 2(a)

InterpretationE+W+S

5(1)In this Schedule—E+W+S

  • application” means an application under section 53(5);

  • local authority” means [F107a non-metroplitan district council], a parish F108. . . council or the parish meeting of a parish not having a separate parish council [F109but, 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Sections 53 and 54.

SCHEDULE 15E+W+S Procedure in Connection with Certain Orders Under Part III

ConsultationE+W+S

1Before making an order, the authority shall consult with every local authority whose area includes the land to which the order relates.E+W+S

Coming into operationE+W+S

2An 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.E+W+S

Publicity for ordersE+W+S

3(1)On making an order, the authority shall give notice in the prescribed form—E+W+S

(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 [F110, which must include particulars of the grounds relied on,] 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 [F111(1)(c) or] (8) shall be construed as limiting [F112the grounds which may be relied on or] the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 7 or 8.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F110Words in Sch. 15 para. 3(1)(c) inserted (E.W.) (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(2); 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)

F111Words in Sch. 15 para. 3(9) inserted (E.W.) (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(3)(a)); 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)

F112Words in Sch. 15 para. 3(9) inserted (E.W.) (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(3)(b); 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)

Representations or objections made with respect to abandoned surveys or reviewsE+W+S

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.E+W+S

(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 ordersE+W+S

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—E+W+S

(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 ordersE+W+S

6(1)If no representations or objections are duly made, or if any so made are withdrawn, the authority may—E+W+S

(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 ordersE+W+S

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.E+W

(2)Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall [F113, subject to sub-paragraph (2A),] 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.

[F114(2A)The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications.]

(3)On considering any representations or objections duly made and the report of [F115any person appointed to hold an inquiry] or hear representations or objections, the Secretary of State may confirm the order with or without modifications.

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Extent Information

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

Amendments (Textual)

F113Words in Sch. 15 para. 7(2) inserted (E.W.) (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(4); S.I. 2004/292, art. 2(d)(iii) (with art. 3(1)); S.I. 2005/2459, art. 2(2)(b)(iii)

F114Sch. 15 para. 7(2A) inserted (E.W.) (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(5); S.I. 2004/292, art. 2(d)(iii) (with art. 3(1)); S.I. 2005/2459, art. 2(2)(b)(iii)

F115Words in Sch. 15 para. 7(3) substituted (E.W.) (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(6): S.I. 2004/292, art. 2(d)(iii) (with art. 3(1)); S.I. 2005/2459, art. 2(2)(b)(iii)

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.S

(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.

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Extent Information

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

Restriction on power to confirm orders with modificationsE+W+S

8(1)The Secretary of State shall not confirm an order with modifications so as—E+W

(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 [F116, which must include particulars of the grounds relied on,] may be made;

[F117(b)if any representation or objection duly made is not withdrawn (but subject to sub-paragraph (3)), hold a local inquiry or afford any person by whom any such representation or objection has been made an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

(c)consider the report of any person appointed to hold an inquiry or to hear representations or objections.

(3)The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his proposal.

(4)Sub-paragraph (2)(a) shall not be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under this paragraph.]

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Extent Information

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

Amendments (Textual)

F116Words in Sch. 15 para. 8(2)(a) inserted (E.W.) (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(7)(a); S.I. 2002/292, art. 2(d)(iii) (with art. 3(1)); S.I. 2005/1314, art. 2(a)(iii); S.I. 2005/2459, art. 2(2)(b)(iii)

F117Sch. 15 para. 8(2)(b)(c)(3)(4) substituted (E.W.) (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.) for Sch. 15 para. 8(2)(b)(c) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(7)(b): S.I. 2004/292, art. 2(d)(iii) (with art. 3(1)); S.I. 2005/1314, art. 2(a)(iii); S.I. 2005/2459, art. 2(2)(b)(iii)

8(1)The Secretary of State shall not confirm an order with modifications so as—S

(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.

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Extent Information

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

Local inquiriesE+W+S

9E+W+S

  • [F118The provisions of subsections (2) to (5) of section 250 of the M11Local 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.]

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Amendments (Textual)

F118Sch. 15 para. 9 omitted (E.W.) (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 virtue of 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 11(8) and repealed (6.12.2006 for W. and otherwise prosp.) by 2000 c. 37, ss. 102, 103(3), Sch. 16 Pt. II; S.I. 2004/292, art. 2(d)(iii) (with savings in art. 3(1)); S.I. 2005/1314, art. 2(a)(iii); S.I. 2005/2459, art. 2(2)(b)(iii); S.I. 2006/3257, art. 2

Marginal Citations

Appointment of inspectors etc.E+W+S

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.E+W+S

(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.

[F119 Hearings and local inquiries]E+W

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Amendments (Textual)

F119Sch. 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)

[F12010A(1)Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the M12Local 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.E+W

(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 M13Town 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.]

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Amendments (Textual)

F120Sch. 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)

Marginal Citations

Notice of final decisions on ordersE+W+S

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—E+W+S

(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 ordersE+W+S

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.E+W+S

(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.

SupplementalE+W+S

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.E+W+S

(2)In this Schedule—

  • council offices” means offices or buildings acquired or provided by the authority or by a local authority;

  • local authority” means [F121a non-metropolitan district council], a parish F122. . . council or the parish meeting of a parish not having a separate parish council [F123but, 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.

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Amendments (Textual)

Section 63.

X7SCHEDULE 16E+W+S Orders Creating, Extinguishing or Diverting Footpaths or Bridleways

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Editorial Information

X7The 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.

F1241—4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

The Highways Act 1980E+W+S

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”.E+W+S

(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”.E+W+S

(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.

7After paragraph 2 of that Schedule there shall be inserted the following paragraph—E+W+S

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—E+W+S

(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..

9After that paragraph there shall be inserted the following paragraph—E+W+S

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.

SupplementalE+W+S

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.E+W+S

(2)Any reference in this paragraph to Schedule 6 to the M14Highways Act 1980 includes a reference to that Schedule as applied by paragraph 3 of the provisions of Part I of Schedule 3 to the 1968 Act which relate to the M15Acquisition of Land (Authorisation Procedure) Act 1946.

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Marginal Citations

Section 73.

X8SCHEDULE 17E+W+S+N.I. Enactments repealed

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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X8The 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 E+W+S+N.I. Enactments repealed one month after the passing of this Act

ChapterShort titleExtent 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 E+W+S+N.I. Enactments repealed on a day to be appointed

ChapterShort titleExtent of repeal
2 & 3 Geo. 5. c. 14The 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. 36The 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.

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