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Nature Conservation (Scotland) Act 2004

Section 50 Protection of wildlife

350.This section introduces Schedule 6. Schedule 6 makes changes to the existing provisions of the Wildlife and Countryside Act 1981 (“the 1981 Act”) and to the Protection of Badgers Act 1992 (c.51) (“the Badgers Act”). These changes update the arrangements contained in both the 1981 Act and the Badgers Act, in respect of:

  • the protection afforded to birds, animals and plants;

  • dealing with wildlife crime; and

  • significantly increasing penalties for badger-baiting and other acts of cruelty.

351.It should be noted that Part I of the 1981 Act, and in particular the enforcement and penalty provisions in sections 19 and 21, were amended by the Criminal Justice (Scotland) Act 2003. The changes effected by that Act, which are closely related in intent to the measures in Schedule 6, came into force on 26 March 2003.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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