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Wildlife and Countryside Act 1981

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This is the original version (as it was originally enacted).

7Registration etc. of certain captive wild birds

(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 and be liable to a special penalty.

(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.

(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 for which a special penalty is provided; 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.

(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 con victed 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 [1974 c. 53.] Rehabilitation of Offenders Act 1974.

(6)Any person 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 authorised, enter and inspect any premises where any birds included in Schedule 4 are kept for the purpose of ascertaining whether an offence under this section is being, or has been, committed on those premises.

(7)Any person who intentionally obstructs a person acting in the exercise of the power conferred by subsection (6) shall be guilty of an offence.

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