- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are currently no known outstanding effects for the Nature Conservation (Scotland) Act 2004, Paragraph 8.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
8(1)Section 9 (protection of certain wild animals) is amended as follows.
(2)In subsection (1), after “intentionally” insert “ or recklessly ”.
(3)In subsection (3)—
(a)in paragraph (a), after “taken”, where second occurring, insert “ at or from a place in Scotland ”,
(b)the word “or” at the end of that paragraph is repealed,
(c)in paragraph (b), after “sold” insert “ at a place in Scotland ”,
(d)after paragraph (b) insert “; or
(c)that the animal or other thing in his possession or control had been killed at, taken from or sold at a place outwith Scotland and—
(i)that the act of killing, taking or sale would not, if it had been committed in Scotland, have been in contravention of the relevant provisions; or
(ii)that the animal or other thing had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations.”,
(e)the words from “and”, where first occurring, to the end of the subsection are repealed.
(4)After that subsection insert—
“(3A)In subsection (3)—
“the relevant provisions” means such of the provisions of the Conservation of Wild Creatures and Wild Plants Act 1975 (c. 48) and this Part as were in force at the time when the animal was killed or taken or, as the case may be, the animal or other thing was sold, and
“the relevant regulations” means—
(a)Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade, and
(b)Commission Regulation 1808/2001/EC on the implementation of that Council Regulation,
as amended from time to time (or any [F1EU] instrument replacing either of them).”
(5)In subsection (4), after “intentionally” insert “ or recklessly ”.
(6)After that subsection insert—
“(4A)Subject to the provisions of this Part, any person who, intentionally or recklessly, disturbs or harasses any wild animal included in Schedule 5 as a—
(a)dolphin, whale or porpoise (cetacea); or
(b)basking shark (cetorhinus maximus),
shall be guilty of an offence.”
(7)After subsection (5) insert—
“(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 (other than subsection (5)(b)) shall be guilty of an offence.”
(8)In subsection (6), after “(5)(a)” insert “ or for an offence under subsection (5A) relating to an act which is mentioned in subsection (1), (2) or (5)(a) ”.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys