The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001

Scottish Statutory Instruments

2001 No. 337

WILDLIFE

The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001

Made

1st October 2001

Laid before the Scottish Parliament

2nd October 2001

Coming into force

4th November 2001

The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001 and shall come into force on 4th November 2001.

(2) These Regulations extend to Scotland only.

Amendment of 1981 Act

2.—(1) The Wildlife and Countryside Act 1981(2) is amended as follows.

(2) In section 2(4)(a) omit “capercaillie and”.

(3) In Part I of Schedule 1 (birds which are protected by special penalties)–

(a) in the first column, after “Buzzard, Honey”, insert “Capercaillie”; and

(b) in the second column, after “Pernis apivorus”, insert “Tetrao urogallus”.

(4) In Part I of Schedule 2 (birds which may be killed or taken), in the first colum, omit “Capercaillie” and, in the second column, omit “Tetrao urogallus”.

(5) In Part III of Schedule 3 (birds which may be sold), in the first column, omit “Capercaillie” and, in the second column, omit “Tetrao urogallus”.

RHONA BRANKIN

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

1st October 2001

Explanatory Note

(This note is not part of the Order)

These Regulations are being made to ensure compliance with Council Directive of 2nd April 1979 on the Conservation of Wild Birds (79/409/EEC) (O.J. L 103, 25.04.79, p.1) as amended by Commission Directive 91/244/EEC (O.J. No. L 115, 08.05.91, p.41), Council Directive 94/24/EC (O.J. No. L 164, 30.06.94, p.9) and Commission Directive 97/49/EC (O.J. No. L 223, 13.08.97, p.9).

The Regulations remove the capercaillie (tetrao urogallus) from Part I of Schedule 2 to the Wildlife and Countryside Act 1981 which contains the list of species which may be hunted in Scotland and place it in Part I of Schedule 1 to that Act which provides greater legal protection to the species by making offences involving the bird punishable by special penalties as described in Section 21 of the Wildlife and Countryside Act 1981.

The Regulations also remove the reference to capercaillie in the definition of “close season”, as set out in Section 2(4)(a) of the above Act, and remove the reference to capercaillie as a bird which may be sold from Schedule 3 of that Act.

(1)

1972 c. 68; section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

1981 c. 69.