Part IU.K. Wildlife

SupplementalU.K.

27 Interpretation of Part I.E+W

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

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

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

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

  • “authorised person” means—

    (a)

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

    (b)

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

    (c)

    as respects anything done in relation to wild birds, any person authorised in writing [F1 by—

    (i)

    the Welsh Ministers, in relation to things done for purposes relating to fishing or fisheries in the Welsh inshore region (within the meaning of the Marine and Coastal Access Act 2009);

    (ii)

    any] of the following bodies, that is to say, [F2any of the [F3GB conservation bodies]], F4. . . a district board for a fishery district within the meaning of the M1Salmon Fisheries (Scotland) Act 1862 [F5or an inshore fisheries and conservation authority] F6...;

    (d)

    [F7any person authorised in writing by—

    (i)

    the Environment Agency, in relation to anything done in England;

    (ii)

    the Natural Resources Body for Wales, in relation to anything done in Wales; or

    (iii)

    a water undertaker or a sewerage undertaker,]

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

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

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

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

  • “domestic duck” means any domestic form of duck;

  • “domestic goose” means any domestic form of goose;

  • “firearm” has the same meaning as in the M2Firearms Act 1968;

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

  • [F8 “inland waters” means—

    (a)

    inland waters within the meaning of the Water Resources Act 1991; M3

    (b)

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

    (c)

    controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M4 other than ground waters as defined in section 30A(1)(d) of that Act.]

  • [F9 “inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;]

  • “livestock” includes any animal which is kept—

    (a)

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

    (b)

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

    (c)

    for the provision or improvement of shooting or fishing;

  • “local authority” means—

    (a)

    in relation to England F10. . ., a county, district or London borough council F11. . .;

    (aa)

    [F12in relation to Wales, a county council or county borough council;]

    (b)

    in relation to Scotland, a [F13council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

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

  • “pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;

  • “poultry” means domestic fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;

  • [F14 “premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;]

  • “sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;

  • “uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

  • “vehicle” includes aircraft, hovercraft and boat;

  • F15......

  • “wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;

  • “wild bird” means any bird of a [F16species] which is ordinarily resident in or is a visitor to [F17the European territory of any member State] in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;

  • [F18 “the Wild Birds Directive” means [F19Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds];]

  • “wild plant” means any plant which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.

  • [F20 “wildlife inspector” has the meaning given by [F21 section 18A(1)].]

(2)A bird shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully in captivity when the egg was laid.

(3)Any reference in this Part to an animal of any kind includes, unless the context otherwise requires, a reference to an egg, larva, pupa, or other immature stage of an animal of that kind.

[F22(3A) In this Part “the GB conservation bodies” means—

(a)Natural England,

(b)[F23the Natural Resources Body for Wales], and

(c)Scottish Natural Heritage,

and references to a conservation body are to be read accordingly.]

(4)This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council.

(5)This Part extends to the territorial waters adjacent to Great Britain, and for the purposes of this Part any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part.

Extent Information

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

Textual Amendments

F1S. 27(1): words in para. (c) of definition of "authorised person" substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 193(4), 324(2)(c)

F2Words in s. 27(1) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a),Sch. 9 para. 11(7)(a); S.I. 1991/685, art. 3.

F3S. 27(1): words in definition of “authorised person” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 76(2); S.I. 2006/2541, art. 2

F6Words in s. 27(1) repealed (E.W.) (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

F8Definition in s. 27(1) inserted (30.11.1995) by S.I. 1995/2825, reg. 4

F9Definition "inshore fisheries and conservation authority" in s. 27(1) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 11(b); S.I. 2011/556, art. 2(2)(k)

F12S. 27(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F13Words in s. 27(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(2); S.I. 1996/323, art. 4(1)(b)(c)

F14S. 27(1): definition of “premises” inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 11 para. 76(3)(5); S.I. 2006/2541, art. 2

F15S. 27(1): definition of "water authority" repealed (S.) (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 11(2); S.S.I. 2002/118, art. 2(3)

F16S. 27(1): word in definition of "wild bird" substituted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 4(a)} and also expressed to be substituted (W.) (2.8.2004) by S.I. 2004/1733, reg. 3(1), Sch. para. 2(a)

F17S. 27(1): words in definition of "wild bird" substituted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 4(b)} and also expressed to be substituted (W.) (2.8.2004) by S.I. 2004/1733, reg. 3(1), Sch. para. 2(b)

F18S. 27: definition of "the Wild Birds Directive" inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(6)

F20S. 27(1): definition of "wildlife inspector" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 12

F21S. 27(1): words in definition of "wildlife inspector" substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 6; S.I. 2006/1382, art. 2

Marginal Citations

27 Interpretation of Part I.S

F24(1)In this Part, unless the context otherwise requires—

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

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

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

  • “authorised person” means—

    (a)

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

    (b)

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

    (c)

    as respects anything done in relation to wild birds, any person authorised in writing by any of the following bodies, that is to say, [F2any of the [F25GB conservation bodies]], F4. . . a district board for a fishery district within the meaning of the M1Salmon Fisheries (Scotland) Act 1862 F6...M5F6...;

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

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

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

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

  • “domestic duck” means any domestic form of duck;

  • “domestic goose” means any domestic form of goose;

  • “firearm” has the same meaning as in the M2Firearms Act 1968;

  • F26...F26...F26...

  • [F8 “inland waters” means—

    (a)

    inland waters within the meaning of the Water Resources Act 1991; M3

    (b)

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

    (c)

    controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M4 other than ground waters as defined in section 30A(1)(d) of that Act.]

  • “livestock” includes any animal which is kept—

    (a)

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

    (b)

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

    (c)

    for the provision or improvement of shooting or fishing;

  • “local authority” means—

    (a)

    in relation to England F10. . ., a county, district or London borough council F11. . .;

    (aa)

    [F12in relation to Wales, a county council or county borough council;]

    (b)

    in relation to Scotland, a [F13council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

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

  • “pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;

  • “poultry” means [F27the domestic forms of the following, that is to say] fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;

  • “sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;

  • “uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

  • “vehicle” includes aircraft, hovercraft and boat;

  • F15...

  • “wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;

  • “wild bird” means any bird of a [F28species] which is ordinarily resident in or is a visitor to [F29any member State or the European territory of any member State] in a wild state but does not include poultry F30...;

  • “wild plant” means any plant [F31(including fungi)] which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.

  • [F20 “wildlife inspector” has the meaning given by section 19ZA(1).]

(2)A bird shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully in captivity when the egg was laid.

[F32(2A)An animal shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully held in captivity—

(a)where the animal is of a viviparous species, when it was born,

(b)where the animal is of an oviparous species, when the egg was laid.]

(3)Any reference in this Part to an animal of any kind includes, unless the context otherwise requires, a reference to an egg, larva, pupa, or other immature stage of an animal of that kind.

[F33(3ZA)Any reference in this Part to a plant which is growing—

(a)includes a reference to a bulb, corm or rhizome;

(b)does not include a reference to a seed or spore.]

[F34(3A) In this Part “the GB conservation bodies” means—

(a)Natural England,

(b)[F23the Natural Resources Body for Wales], and

(c)Scottish Natural Heritage,

and references to a conservation body are to be read accordingly.]

(4)This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council.

(5)This Part extends to the territorial waters adjacent to Great Britain, and for the purposes of this Part any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part.

Extent Information

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

Textual Amendments

F2Words in s. 27(1) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a),Sch. 9 para. 11(7)(a); S.I. 1991/685, art. 3.

F6Words in s. 27(1) repealed (E.W.) (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

F8Definition in s. 27(1) inserted (30.11.1995) by S.I. 1995/2825, reg. 4

F12S. 27(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F13Words in s. 27(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(2); S.I. 1996/323, art. 4(1)(b)(c)

F15S. 27(1): definition of "water authority" repealed (S.) (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 11(2); S.S.I. 2002/118, art. 2(3)

F20S. 27(1): definition of "wildlife inspector" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 12

F24Words in s. 27(1) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

F25S. 27(1): words in definition of “authorised person” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 76(2); S.I. 2006/2541, art. 2

F26Definition "game bird" in s. 27(1) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 2(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(a)

F27S. 27(1): words in the definition of “poultry” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(a); S.S.I. 2004/407, art. 2

F28S. 27(1): word in the definition of “wild bird” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(b)(i); S.S.I. 2004/407, art. 2

F29S. 27(1): words in the definition of “wild bird” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(b)(ii); S.S.I. 2004/407, art. 2

F31S. 27(1): words in definition of “wild plant” inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(c); S.S.I. 2004/407, art. 2

Marginal Citations