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Wildlife and Countryside Act 1981

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

(1)If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence F2. . ..

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

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

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

[F3( 2A )The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).]

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

(a)within five years of his having been convicted of an offence under this Part [F4which falls within subsection (3A)]; or

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

he shall be guilty of an offence.

[F5(3A)The offences falling within this subsection are—

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

(i)a bird included in Schedule [F6ZA1 or] 1 or any part of, or anything derived from, such a bird,

(ii)the nest of such a bird, or

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

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

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

(i)a bird included in Schedule [F6ZA1 or] 1 or any part of, or anything derived from, such a bird, or

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

[F7(ca)any offence under subsection (1);]

(d)any offence under section 8.]

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

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

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

he shall be guilty of an offence.

(5)No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the M1Rehabilitation of Offenders Act 1974.

F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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

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

Amendments (Textual)

F2Words in s. 7(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))

F3S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)

F4Words in s. 7(3)(a) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(1)

F5S. 7(3A) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(2)

F6Words in s. 7(3A)(a)(i)(c)(i) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(4)(b), 107; S.I. 2006/1382, art. 2

F8S. 7(6)(7) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))

Modifications etc. (not altering text)

C1S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.

Marginal Citations

7 Registration etc. of certain captive birds.S

(1)If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence F9. . . .

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

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

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

[F10(2A)The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).]

(3)If any person keeps or has in his possession or under his control any bird included in Schedule 4 [F11within five years of his having been convicted of—

(a)an offence under this Part (being an offence relating to the protection of birds or other animals); F12. . .

(b)any other offence involving their ill-treatment][F13; or

(c)any offence under the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) relating to birds (other than an offence under Regulation 9 of those Regulations)]

he shall be guilty of an offence.

(4)If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person[F14 within five years of that person’s having been convicted of such an offence as is mentioned in subsection (3),] he shall be guilty of an offence.

(5)No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the M2Rehabilitation of Offenders Act 1974.

[F15(5A)Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section shall be guilty of an offence.]

F16(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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)

F9Words in s. 7(1) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), s. 86, Sch. 5

F10S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)

F11S. 7(3): paras. (a)(b) and preceding words substituted (S.) (26.3.2003) for paras. (a)(b) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 2

F13S. 7(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 7(b); S.S.I. 2004/407, art. 2

F14S. 7(4)(a)(b) substituted (S.) (26.3.2003) for words by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 3

Modifications etc. (not altering text)

C2S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.

Marginal Citations

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