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Wildlife and Countryside Act 1981

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22 Power to vary Schedules.E+W

(1)The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of [F1Schedules ZA1 to 4].

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

(3)The Secretary of State may, on a representation made [F2to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act], by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—

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

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

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(3A)The 2006 Act means the Natural Environment and Rural Communities Act 2006.]

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

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

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

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

(a)add any animals to, or remove any animals from, Part I [F5, IA or IB] of Schedule 9; and

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

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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)

F5Words in s. 22(5)(a) inserted (5.3.2015 for E., 12.4.2015 for W.) by Infrastructure Act 2015 (c. 7), ss. 25(5), 57(4); S.I. 2015/481, reg. 2(c); S.I. 2015/990, reg. 2

22 Power to vary Schedules.S

(1)The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year

[F6(a)] add any bird to, or remove any bird from, any of or any Part of Schedules [F7A1] to 4.

[F8(b)add any animal to, or remove any animal from, Schedule 5 [F9, 5A, 6 or 6A] F10...;

(c)add any plant to, or remove any plant from, Schedule 8 F11....]

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

[F12(2ZA)An order under subsection (1) adding any animal to Schedule 5A may prescribe a close season in the case of that animal for the purposes of section 10A.]

[F13(2A)Before making an order under subsection (1) the Scottish Ministers shall consult Scottish Natural Heritage.]

(3)The Secretary of State may, on a representation made [F14to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act], by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—

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

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

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16(3A)The 2006 Act means the Natural Environment and Rural Communities Act 2006.]

(4)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

Extent Information

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

Amendments (Textual)

F6Words in s. 22(1) renumbered (S.) (1.10.2004) as s. 22(1)(a) by virtue of Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(i); S.S.I. 2004/407, art. 2

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