The Nature Conservation (Scotland) Act 2004 (Commencement) Order 2004

This Scottish Statutory Instrument has been printed in substitution of the S.S.I. of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Scottish Statutory Instruments

2004 No. 407 (C. 32)

NATURE CONSERVATION

The Nature Conservation (Scotland) Act 2004 (Commencement) Order 2004

Made

22nd September 2004

The Scottish Ministers, in exercise of the powers conferred by section 59(2) of the Nature Conservation (Scotland) Act 2004(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation

1.  This Order may be cited as the Nature Conservation (Scotland) Act 2004 (Commencement) Order 2004.

Commencement

2.  The following provisions of the Nature Conservation (Scotland) Act 2004 shall come into force on 1st October 2004:–

(a) section 15(2);

(b) section 50 and schedule 6;

(c) section 51; and

(d) section 54.

ALLAN WILSON

Authorised to sign on behalf of the Scottish Ministers

St Andrew’s House, Edinburgh

22nd September 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Nature Conservation (Scotland) Act 2004 (“the 2004 Act”) on 1st October 2004.

Article 2 brings into force on that date–

(a) section 15(2) of the 2004 Act (consent by certain regulatory authorities) to enable the Scottish Ministers to make an order designating which persons are to be a relevant regulatory authority for the purposes of the 2004 Act;

(b) section 50 and schedule 6 (protection of wildlife), which make amendments to provisions in Part I of the Wildlife and Countryside Act 1981 (c. 69) for the protection of certain birds, animals and plants and to provisions in the Protection of Badgers Act 1992 (c. 51) to bring offences and enforcement provisions in that Act into line with the Wildlife and Countryside Act 1981 as amended by the 2004 Act;

(c) section 51 (Scottish Marine Wildlife Watching Code), which sets out a duty for SNH to prepare the Scottish Marine Wildlife Watching Code; and

(d) section 54 (guidance) which enables the Scottish Ministers to issue or approve guidance in respect of the biodiversity duty in Part 1 of the 2004 Act and SNH’s functions in Part 2 of the 2004 Act.

(1)

2004 asp 6.