http://www.legislation.gov.uk/id/ukpga/1981/69

http://www.legislation.gov.uk/ukpga/1981/69/body/2009-11-12

Wildlife and Countryside Act 1981

An Act to repeal and re-enact with amendments the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975; to prohibit certain methods of killing or taking wild animals; to amend the law relating to protection of certain mammals; to restrict the introduction of certain animals and plants; to amend the Endangered Species (Import and Export) Act 1976; to amend the law relating to nature conservation, the countryside and National Parks and to make provision with respect to the Countryside Commission; to amend the law relating to public rights of way; and for connected purposes.

1982-03-01

text

text/xml

Statute Law Database

2024-04-10

2009-11-12

Wildlife and Countryside Act 1981

Sch. 7

Wildlife and Natural Environment (Scotland) Act 2011

s. 11(4)(b)

s. 41(1)

s. 43(1)

art. 2(1)(b)

Wildlife and Countryside Act 1981

s. 54A

Countryside and Rights of Way Act 2000

Sch. 5

para. 4

s. 103(3)

Wildlife and Countryside Act 1981

s. 28E

art. 3(1)(a)

art. 6(2)

art. 1

Wildlife and Countryside Act 1981

s. 53(3)(c)

(ia)

Deregulation Act 2015

Sch. 7

para. 2(b)

s. 115(7)

Wildlife and Countryside Act 1981

s. 53(3)(c)(i)

Deregulation Act 2015

Sch. 7

para. 2(a)

s. 115(7)

Wildlife and Countryside Act 1981

s. 53(5)

Deregulation Act 2015

Sch. 7

para. 10(a)

s. 115(7)

Wildlife and Countryside Act 1981

s. 53(6)

Deregulation Act 2015

Sch. 7

para. 10(b)

s. 115(7)

Wildlife and Countryside Act 1981

s. 53B(4A)

(4B)

Deregulation Act 2015

Sch. 7

para. 4

s. 115(7)

Wildlife and Countryside Act 1981

s. 53ZA

Deregulation Act 2015

Sch. 7

para. 3

s. 115(7)

Wildlife and Countryside Act 1981

s. 54B

54C

Deregulation Act 2015

Sch. 7

para. 5

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 13A

Deregulation Act 2015

Sch. 7

para. 6

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 14

para. 5(1)

Deregulation Act 2015

Sch. 7

para. 11(3)

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 14 heading

Deregulation Act 2015

Sch. 7

para. 11(2)

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 14A

Deregulation Act 2015

Sch. 7

para. 7

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 15

para. 13(2)

Deregulation Act 2015

Sch. 7

para. 12(3)

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 15 heading

Deregulation Act 2015

Sch. 7

para. 12(2)

s. 115(7)

Part I Wildlife

Protection of birds

E11 Protection of wild birds, their nests and eggs.

1

Subject to the provisions of this Part, if any person intentionally—

the Protection of Birds Acts 1954 to 1967 F21 and orders made under those Acts,

c

any other legislation which implements F22the Wild Birds Directive and extends to any part of the United Kingdom, to any area designated in accordance with section 1(7) of the Continental Shelf Act 1964 F23, or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 F24, and

d

the provisions of the law of any member State (other than the United Kingdom) implementing F25the Wild Birds Directive .

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 bird, egg or other thing had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations.

F8. . .

F93A

In subsection (3)—

“the relevant provisions” means such of the provisions of—
1. a
  the Protection of Birds Acts 1954 to 1967 and orders made under those Acts, and
2. b
  this Part and orders made under it,
as were in force at the time when the bird or egg was killed or taken or, as the case may be, the bird, egg or other thing was sold,
“the relevant regulations” means—
1. a
  Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade, and
2. b
  Commission Regulation 1808/2001/EC on the implementation of that Council Regulation,
as amended from time to time (or any Community instrument replacing either of them).

4

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Subject to the provisions of this Part, if any person intentionally F11or recklessly—

a

disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or

b

disturbs dependent young of such a bird,

he shall be guilty of an offenceF12. . . .

F135A

Subject to the provisions of this Part, any person who intentionally or recklessly disturbs any wild bird included in Schedule 1 which leks while it is doing so shall be guilty of an offence.

5B

Subject to the provisions of this Part, any person who intentionally or recklessly harasses any wild bird included in Schedule 1A shall be guilty of an offence.

5C

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 shall be guilty of an offence.

6

In this section “wild bird” does not include any bird which is shown to have been bred in captivity.

7 E32 Exceptions to s. 1.

iii

takes or destroys an egg of such a bird;

iv

disturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; or

v

disturbs dependent young of such a bird,

shall be guilty of an offence under this section;

b

that any person who, except as may be provided in the order, enters into that area or any part of it specified in the order at any time or during any period so specified shall be guilty of an offence under this section;

c

that where any offence under this Part, or any such offence under this Part as may be specified in the order, is committed within that area, F31the offence shall be treated as falling within section 7(3A).

2

An authorised person shall not by virtue of any such order be guilty of an offence by reason of—

a

the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;

b

the taking, damaging or destruction of the nest of such a bird;

c

the taking or destruction of an egg of such a bird; or

d

the disturbance of such a bird or dependent young of such a bird.

3

The making of any order under this section with respect to any area shall not affect the exercise by any person of any right vested in him, whether as owner, lessee or occupier of any land in that area or by virtue of a licence or agreement.

4

Before making any order under this section the Secretary of State shall give particulars of the intended order either by notice in writing to every owner and every occupier of any land included in the area with respect to which the order is to be made or, where the giving of such a notice is in his opinion impracticable, by advertisement in a newspaper circulating in the F32locality in which that area is situated.

5

The Secretary of State shall not make an order under this section unless—

a

all the owners and occupiers aforesaid have consented thereto;

b

no objections thereto have been made by any of those owners or occupiers before the expiration of a period of three months from the date of the giving of the notice or the publication of the advertisement; or

c

any such objections so made have been withdrawn.

E53 Areas of special protection.

1

The Secretary of State may by order make provision with respect to any area specified in the order providing for all or any of the following matters, that is to say—

a

that any person who, within that area or any part of it specified in the order, at any time or during any period so specified, intentionally F33or recklessly—

i

kills, injures or takes any wild bird or any wild bird so specified;

ii

takes, damages or destroys the nest of such a bird while that nest is in use or being built;

iii

takes or destroys an egg of such a bird;

iv

disturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; or

v

disturbs dependent young of such a bird,

shall be guilty of an offence under this section;

b

c

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

4

5

The Secretary of State shall not make an order under this section unless—

a

all the owners and occupiers aforesaid have consented thereto;

b

c

any such objections so made have been withdrawn.

an application by him for such a licence had been determined.

6

An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action.

E64 Exceptions to ss. 1 and 3.

1

Nothing in section 1 or in any order made under section 3 shall make unlawful—

that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent to the person, such steps as were reasonably practicable in the circumstances to minimise the damage or disturbance to the wild bird, nest or, as the case may be, egg in relation to which the unlawful act was carried out.

3

a

preserving public health or public or air safety;

b

preventing the spread of disease; or

c

preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, F39, fisheries or inland waters.

F404

An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection F41(3) unless he shows that as regards that purpose, there was no other satisfactory solution.

5

An authorised person shall not be entitled to rely on the defence provided by subsection F42(3) as respects any action taken at any time for any purpose mentioned in that F43subsection if it had become apparent, before that time, that that action would prove necessary for that purpose and either—

a

a licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; or

b

an application by him for such a licence had been determined.

6

An authorised person shall not be entitled to rely on the defence provided by subsection F44(3) as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action.

E95 Prohibition of certain methods of killing or taking wild birds.

1

Subject to the provisions of this Part, if any person—

a

sets in position any of the following articles, being an article which is of such a nature and is so placed as to be calculated to cause bodily injury to any wild bird coming into contact therewith, that is to say, any springe, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance;

b

uses for the purpose of killing or taking any wild bird any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net, baited board, bird-lime or substance of a like nature to bird-lime;

c

uses for the purpose of killing or taking any wild bird—

i

any bow or crossbow;

ii

any explosive other than ammunition for a firearm;

iii

any automatic or semi-automatic weapon;

iv

any shot-gun of which the barrel has an internal diameter at the muzzle of more than one and three-quarter inches;

v

any device for illuminating a target or any sighting device for night shooting;

vi

any form of artificial lighting or any mirror or other dazzling device;

vii

any gas or smoke not falling within paragraphs (a) and (b); or

viii

any chemical wetting agent;

d

uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; F47 . . .

e

uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, F48 ; or

f

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection and which is not lawful under subsection (5),

he shall be guilty of an offenceF49. . . .

2

Subject to subsection (3), the Secretary of State may by order, either generally or in relation to any kind of wild bird specified in the order, amend subsection (1) by adding any method of killing or taking wild birds or by omitting any such method which is mentioned in that subsection.

3

The power conferred by subsection (2) shall not be exerciseable, except for the purpose of complying with an international obligation, in relation to any method of killing or taking wild birds which involves the use of a firearm.

4

In any proceedings under subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to wild birds.

F504A

In any proceedings under subsection (1)(f) relating to an act which is mentioned in subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to wild birds.

5

Nothing in subsection (1) shall make unlawful—

a

the use of a cage-trap or net by an authorised person for the purpose of taking a bird included in Part II of Schedule 2;

b

the use of nets for the purpose of taking wild duck in a duck decoy which is shown to have been in use immediately before the passing of the M4Protection of Birds Act 1954; or

c

the use of a cage-trap or net for the purpose of taking any game bird if it is shown that the taking of the bird is solely for the purpose of breeding;

but nothing in this subsection shall make lawful the use of any net for taking birds in flight or the use for taking birds on the ground of any net which is projected or propelled otherwise than by hand.

E85 Prohibition of certain methods of killing or taking wild birds.

1

Subject to the provisions of this Part, if any person—

a

sets in position any of the following articles, being an article which is of such a nature and is so placed as to be F46likely to cause bodily injury to any wild bird coming into contact therewith, that is to say, any springe, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance;

b

c

uses for the purpose of killing or taking any wild bird—

i

any bow or crossbow;

ii

any explosive other than ammunition for a firearm;

iii

any automatic or semi-automatic weapon;

iv

any shot-gun of which the barrel has an internal diameter at the muzzle of more than one and three-quarter inches;

v

any device for illuminating a target or any sighting device for night shooting;

vi

any form of artificial lighting or any mirror or other dazzling device;

vii

any gas or smoke not falling within paragraphs (a) and (b); or

viii

any chemical wetting agent;

d

e

uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, F48 ; or

f

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection and which is not lawful under subsection (5),

he shall be guilty of an offenceF49. . . .

2

3

4 F504A

5

b

has been ringed or marked in accordance with regulations made by the Secretary of State, and

c

has not been lawfully released into the wild as part of a re-population or re-introduction programme.

5A

“Re-population” and “re-introduction” have the same meaning as in F56the Wild Birds Directive.

5B

Regulations made for the purposes of subsection (5)(b) may make different provision for different birds or different provisions of this section.

6

Any reference in this section to any bird included in Part II or III of Schedule 3 is a reference to any bird included in Part II and, during the period commencing with 1st September in any year and ending with 28th February of the following year, any bird included in Part III of that Schedule.

7

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8A

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any live wild bird other than a bird included in Part I of Schedule 3; or

b

any live bird one of whose parents was such a wild bird,

he shall be guilty of an offence.

4

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Any reference in this section to any bird included in Part I of Schedule 3 is a reference to any bird included in that Part which was bred in captivity and has been ringed or marked in accordance with regulations made by the Secretary of State; and regulations so made may make different provision for different birds or different provisions of this section.

6

7

The power of the Secretary of State to make regulations under subsection (2) shall include power—

The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).

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 F66which falls within subsection (3A); 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.

F673A

The offences falling within this subsection are—

a

any offence under section 1(1) or (2) in respect of—

i

a bird included in Schedule F68ZA1 or 1 or any part of, or anything derived from, such a bird,

ii

the nest of such a bird, or

iii

an egg of such a bird or any part of such an egg;

b

any offence under section 1(5) or 5;

c

any offence under section 6 in respect of—

i

a bird included in Schedule F68ZA1 or 1 or any part of, or anything derived from, such a bird, or

ii

an egg of such a bird or any part of such an egg;

F69ca

any offence under subsection (1);

d

any offence under section 8.

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 convicted 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 M7Rehabilitation of Offenders Act 1974.

F706

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F707

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E127 Registration etc. of certain captive birds.

1

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

Every person who—

a

promotes, arranges, conducts, assists in, receives money for, or takes part in, any event whatever at or in the course of which captive birds are liberated by hand or by any other means whatever for the purpose of being shot immediately after their liberation; or

b

being the owner or occupier of any land, permits that land to be used for the purposes of such an event,

shall be guilty of an offenceF72. . . .

Protection of other animals

E159 Protection of certain wild animals.

1

Subject to the provisions of this Part, if any person intentionally kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.

2

Subject to the provisions of this Part, if any person has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal, he shall be guilty of an offence.

3

A person shall not be guilty of an offence under subsection (2) if he shows that—

a

the animal had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; or

b

the animal or other thing in his possession or control had been sold (whether to him or any other person) otherwise than in contravention of those provisions

and in this subsection "the relevant provisions" means the provisions of this Part and of the Conservation of Wild Creatures and Wild Plants Act 1975

F844

Subject to the provisions of this Part, a person is guilty of an offence if intentionally or recklessly—

a

he damages or destroys any structure or place which any wild animal specified in Schedule 5 uses for shelter or protection;

b

he disturbs any such animal while it is occupying a structure or place which it uses for shelter or protection; or

c

he obstructs access to any structure or place which any such animal uses for shelter or protection.

F854A

Subject to the provisions of this Part, if any person intentionally or recklessly disturbs any wild animal included in Schedule 5 as—

a

a dolphin or whale (cetacea), or

b

a basking shark (cetorhinus maximus),

he shall be guilty of an offence.

5

Subject to the provisions of this Part, if any person—

a

sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal; or

b

publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

6

In any proceedings for an offence under subsection (1), (2) or (5)(a) , the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

E149 Protection of certain wild animals.

1

Subject to the provisions of this Part, if any person intentionally F73or recklessly kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.

2

3

A person shall not be guilty of an offence under subsection (2) if he shows that—

a

the animal had not been killed or taken, or had been killed or taken F74at or from a place in Scotland otherwise than in contravention of the relevant provisions; F75. . .

b

the animal or other thing in his possession or control had been sold F76at a place in Scotland(whether to him or any other person) otherwise than in contravention of those provisions F77; 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.

F78. . .

F793A

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—
1. a
  Council Regulation 338/97/ EC on the protection of species of wild fauna and flora by regulating trade, and
2. b
  Commission Regulation 1808/2001/ EC on the implementation of that Council Regulation,
as amended from time to time (or any Community instrument replacing either of them).

4

Subject to the provisions of this Part, if any person intentionally F80or recklessly—

a

damages or destroys, or obstructs access to, any structure or place which any wild animal included in Schedule 5 uses for shelter or protection; or

b

disturbs any such animal while it is occupying a structure or place which it uses for that purpose,

he shall be guilty of an offence.

F814A

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.

5

Subject to the provisions of this Part, if any person—

a

b

publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

F825A

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.

6

In any proceedings for an offence under subsection (1), (2) or (5)(a) F83or for an offence under subsection (5A) relating to an act which is mentioned in subsection (1), (2) or (5)(a) , the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

a licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

b

an application for such a licence had been determined.

E1710 Exceptions to s. 9.

1

Nothing in section 9 shall make unlawful—

a

b

anything done under, or in pursuance of an order made under, the M10Animal Health Act 1981.

2

Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house.

3

Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—

a

b

the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

c

any act made unlawful by that section F88 (“an unlawful act”) if he shows—

i

that each of the conditions specified in subsection (3A) was satisfied in relation to the carrying out of the unlawful act, or

ii

that the unlawful act was carried out in relation to an animal bred and, at the time the act was carried out, lawfully held in captivity.

F893A

Those conditions are—

a

that the unlawful act was the incidental result of a lawful operation or other activity;

b

that the person who carried out the lawful operation or other activity—

i

took reasonable precautions for the purpose of avoiding carrying out the unlawful act; or

ii

did not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; and

c

that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent to the person, such steps as were reasonably practicable in the circumstances to minimise the damage or disturbance to the wild animal, or the damage or obstruction to the structure or place, in relation to which the unlawful act was carried out.

4

5

A person shall not be entitled to rely on the defence provided by subsection (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the F90conservation bodyF87for the area in which the house is situated or, as the case may be, the act is to take place of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used.

6

a

a licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

b

an application for such a licence had been determined.

F916A

An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time unless he notified the Scottish Ministers as soon as reasonably practicable after that time that he had taken the action.

E1911 Prohibition of certain methods of killing or taking wild animals.

1

Subject to the provisions of this Part, if any person—

a

sets in position any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith;

b

uses for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as aforesaid, any bow or cross-bow or any explosive other than ammunition for a firearm; F96 . . .

c

uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, F97 ; or

d

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,

he shall be guilty of an offence.

2

Subject to the provisions of this Part, if any person—

a

sets in position any of the following articles, being an article which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedule 6 which comes into contact therewith, that is to say, any trap or snare, any electrical device for killing or stunning or any poisonous, poisoned or stupefying substance;

b

uses for the purpose of killing or taking any such wild animal any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net;

c

uses for the purpose of killing or taking any such wild animal—

i

any automatic or semi-automatic weapon;

ii

any device for illuminating a target or sighting device for night shooting;

iii

any form of artificial light or any mirror or other dazzling device; or

iv

any gas or smoke not falling within paragraphs (a) and (b);

d

uses as a decoy, for the purpose of killing or taking any such wild animal, any sound recording; F99 . . .

e

uses any mechanically propelled vehicle in immediate pursuit of any such wild animal for the purpose of driving, killing or taking that animal, F100 ; or

f

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection,

sets in position any of the following articles, being an article which is of such a nature and so placed as to be F98likely to cause bodily injury to any wild animal included in Schedule 6 which comes into contact therewith, that is to say, any trap or snare, any electrical device for killing or stunning or any poisonous, poisoned or stupefying substance;

b

uses for the purpose of killing or taking any such wild animal any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net;

c

uses for the purpose of killing or taking any such wild animal—

i

any automatic or semi-automatic weapon;

ii

any device for illuminating a target or sighting device for night shooting;

iii

any form of artificial light or any mirror or other dazzling device; or

iv

any gas or smoke not falling within paragraphs (a) and (b);

d

uses as a decoy, for the purpose of killing or taking any such wild animal, any sound recording; F99 . . .

e

uses any mechanically propelled vehicle in immediate pursuit of any such wild animal for the purpose of driving, killing or taking that animal, F100 ; or

f

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection,

he shall be guilty of an offence.

F1013

Any person who sets a snare in position or who knowingly causes or permits a snare to be so set must, while it remains in position, inspect it or cause it to be inspected at least once every day at intervals of no more than 24 hours.

criteria which articles of a type referred to in subsections (1) to (3E) must meet to be treated as articles of that type for the purposes of those subsections,

b

circumstances in which articles of that type are to be treated as having been set or used in a manner which constitutes an offence under those subsections.

5

In any proceedings for an offence under subsection F103(1)(c) or (2)(b), (c), (d) or (e), F104and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

6 F105 7

12 Protection of certain mammals.

Schedule 7, which amends the law relating to the protection of certain mammals, shall have effect.

Protection of plants

E2113 Protection of wild plants.

1

Subject to the provisions of this Part, if any person—

a

intentionally picks, uproots or destroys any wild plant included in Schedule 8; or

b

not being an authorised person, intentionally uproots any wild plant not included in that Schedule,

he shall be guilty of an offence.

2

Subject to the provisions of this Part, if any person—

a

sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild plant included in Schedule 8, or any part of, or anything derived from, such a plant; or

b

publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

3

Notwithstanding anything in subsection (1), a person shall not be guilty of an offence by reason of any act made unlawful by that subsection if he shows that the act was an incidental result of a lawful operation and could not reasonably have been avoided.

4

In any proceedings for an offence under subsection (2)(a), the plant in question shall be presumed to have been a wild plant unless the contrary is shown.

E2013 Protection of wild plants.

1

Subject to the provisions of this Part, if any person—

a

intentionally F107or recklessly picks, uproots or destroys

F108i

any wild plant included in Schedule 8; or

F109ii

any seed or spore attached to any such wild plant; or

b

not being an authorised person, intentionally F110or recklessly uproots any wild plant not included in that Schedule,

he shall be guilty of an offence.

2

Subject to the provisions of this Part, if any person—

a

b

publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

3

Notwithstanding anything in subsection (1), a person shall not be guilty of an offence by reason of any act made unlawful by that subsection F111 (“an unlawful act”) if he shows—

a

that the unlawful act was the incidental result of a lawful operation or other activity;

b

that the person who carried out the lawful operation or other activity—

i

took reasonable precautions for the purpose of avoiding carrying out the unlawful act; or

ii

did not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; and

c

that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent, such steps as were reasonably practicable in the circumstances to minimise the damage to the wild plant in relation to which the unlawful act was carried out.

F1123A

4

In any proceedings for an offence under subsection (2)(a) F113or for an offence under subsection (3A) relating to an act which is mentioned in subsection (2)(a) , the plant in question shall be presumed to have been a wild plant unless the contrary is shown.

Miscellaneous

E23 C4 C514 Introduction of new species etc.

1

Subject to the provisions of this Part, if any person releases or allows to escape into the wild any animal which—

a

is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; or

b

is included in Part I of Schedule 9,

he shall be guilty of an offence.

2

Subject to the provisions of this Part, if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence.

3

Subsections (3) and (4) of section 14 (defence of due diligence etc.) apply to an offence under this section as they apply to an offence under that section.

14ZBF121Codes of practice in connection with invasive non-native species

1

The Secretary of State may issue or approve a code of practice relating to—

a

animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state,

b

animals or plants included in Schedule 9, or

c

any description of animals or plants mentioned in paragraph (a) or (b).

2

The Secretary of State may revise or replace a code or approve its revision or replacement.

3

The Secretary of State must ensure that a code is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it.

4

A person's failure to comply with a provision of a code does not make him liable to criminal or civil proceedings.

5

A code—

a

is admissible in evidence in any proceedings, and

b

must be taken into account by a court in any case in which it appears to the court to be relevant.

14AF122Prohibition on sale etc. of certain animals or plants

1

This section applies to—

only at such times of the year;

c

only in relation to such areas,

as the order may specify.

14BGuidance: non-native species

1

The Scottish Ministers may issue guidance (or approve guidance issued by others) for the purpose of providing persons with recommendations, advice and information regarding—

a

any animal of a type mentioned in subsection (1) or (1A) of section 14,

b

any plant of a type mentioned in subsection (2) of that section or specified in an order under section 14A(1)(b)(i),

and may issue revisions of any guidance issued by them (or approve revisions of guidance issued by others).

2

A person who fails to comply with any guidance issued or approved under subsection (1) is not by reason only of that failure liable in any criminal or civil proceedings.

3

But any such guidance is admissible in evidence in such proceedings and a court may take account of any failure to comply with it in determining any questions in the proceedings.

15 Endangered species (import and export).

X11

The M11Endangered Species (Import and Export) Act 1976 shall have effect subject to the amendments provided for in Schedule 10 ; and in that Schedule “the 1976 Act” means that Act.

2

The functions of the F119GB conservation bodies shall include power to advise or assist—

a

any constable;

b

any officer commissioned or other person appointed or authorised by the Commissioners of Customs and Excise to exercise any function conferred on the Commissioners by the said Act of 1976; or

c

any person duly authorised by the Secretary of State under section 7(3) of that Act,

in, or in connection with, the enforcement of that Act or any order made under it.

15AF123Possession of pesticides

1

Any person who is in possession of any pesticide containing one or more prescribed active ingredient shall be guilty of an offence.

2

A person shall not be guilty of an offence under subsection (1) if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with—

a

any regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), or

b

the Biocidal Products Regulations 2001 (S.I. 2001/880) or any regulations replacing those regulations.

3

In this section—

“pesticide” has the meaning given in the Food and Environment Protection Act 1985 (c. 48), and
“prescribed active ingredient” means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers.

Supplemental

C6 E2416 Power to grant licences.

1

Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—

F124a

for scientific, research or educational purposes;

b

for the purpose of ringing or marking, or examining any ring or mark on, wild birds;

c

for the purpose of conserving wild birds;

F125ca

for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

cb

for the purpose of conserving flora or fauna;

d

for the purpose of protecting any collection of wild birds;

for the purpose of photography;

f

for the purpose of preserving public health or public safety;

g

for the purpose of preventing the spread of disease; or

h

for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

4

The following provisions, namely—

a

section 6(1) and (2);

b

sections 9(5) and 13(2); and

c

F129sections 14 and 14ZA,

do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.

5

Subject to F130subsections (5A) and (6), a licence under the foregoing provisions of this section—

a

may be, to any degree, general or specific;

b

may be granted either to persons of a class or to a particular person;

c

may be subject to compliance with any specified conditions;

d

may be modified or revoked at any time by the appropriate authority; and

e

a

shall from time to time consult with F138each of the F139GB conservation bodies as to the exercise F140in the area of that F141body of his functions under this section; and

b

shall not grant a licence of any description unless he has been advised by the F142relevant F135conservation body as to the circumstances in which, in their opinion, licences of that description should be granted.

F14311

For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the F135conservation body for the area in which it is proposed to carry on the activity requiring a licence.

C7 E2516 Power to grant licences.

1

Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—

F144a

for scientific, research or educational purposes;

b

for the purpose of ringing or marking, or examining any ring or mark on, wild birds;

c

for the purpose of conserving wild birds;

F145ca

for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

cb

for the purpose of conserving flora or fauna;

d

for the purpose of protecting any collection of wild birds;

for the purpose of protecting any zoological or botanical collection;

e

for the purpose of photography;

f

for the purpose of preserving public health or public safety;

g

for the purpose of preventing the spread of disease; or

h

for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

4

The following provisions, namely—

a

section 6(1) and (2);

b

sections 9(5) and 13(2); and

c

F154sections 14 and 14A,

do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.

F1554A

The appropriate authority shall not grant a licence under subsection (4) permitting anything to be done in contravention of section 6(1) or (2) unless it is satisfied that there is no other satisfactory solution.

5

Subject to F156subsections (5A) and (6), a licence under the foregoing provisions of this section—

a

may be, to any degree, general or specific;

b

may be granted either to persons of a class or to a particular person;

c

may be subject to compliance with any specified conditions;

d

may be modified or revoked at any time by the appropriate authority; and

e

subject to paragraph (d), shall be valid for the period stated in the licence;

and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.

F1575A

A licence under subsection (1) which authorises any action in respect of wild birds—

a

shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;

b

shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and

c

subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.

6

A licence under subsection F158(2) or (3) which authorises any person to kill wild birds or wild animals—

a

b

shall not grant a licence of any description unless he has been advised by the F167relevant F161conservation body as to the circumstances in which, in their opinion, licences of that description should be granted.

F16811

For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the F161conservation body for the area in which it is proposed to carry on the activity requiring a licence.

17 False statements made for obtaining registration or licence etc.

A person who, for the purposes of obtaining, whether for himself or another, a registration in accordance with regulations made under section F1696(2) or 7(1) or the grant of a licence under section 16—

a

makes a statement or representation, or furnishes a document or information, which he knows to be false in a material particular; or

b

recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular,

shall be guilty of an offence.

18 Attempts to commit offences etc.

1

Any person who attempts to commit an offence under the foregoing provisions of this Part shall be guilty of an offence and shall be punishable in like manner as for the said offence.

2

Any person who for the purposes of committing an offence under the foregoing provisions of this Part, has in his possession anything capable of being used for committing the offence shall be guilty of an offence and shall be punishable in like manner as for the said offence.

C818AF276Wildlife inspectors

1

In this Part, “wildlife inspector” means a person authorised in writing under this section by—

a

the Secretary of State (in relation to England), or

b

the National Assembly for Wales (in relation to Wales).

2

An authorisation under subsection (1) is subject to any conditions or limitations specified in it.

3

A wildlife inspector must, if required to do so, produce evidence of his authority before entering any premises under section 18B or 18D.

4

A wildlife inspector entering premises under either of those sections may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under section 18C or 18E.

C918BGroup 1 offences and licences: power to enter premises

1

A wildlife inspector may, at any reasonable time, enter and inspect any premises—

a

for the purpose of ascertaining whether a Group 1 offence is being or has been committed;

b

for the purpose of—

i

verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 1 licence, or

ii

ascertaining whether any condition to which a Group 1 licence was subject has been complied with.

2

In this Part—

“Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and
“Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.

3

Nothing in this section confers power to enter a dwelling.

taking a sample under subsection (2)(b).

7

The inspector may take and remove from the premises a specimen which is not a live bird, other animal or plant, if there are reasonable grounds for believing that it is evidence of a Group 1 offence.

18DGroup 2 offences and licences etc.: power to enter premises

1

A wildlife inspector may, at any reasonable time, enter and inspect any premises—

a

for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;

b

where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

c

for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises;

d

for the purpose of—

i

verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 2 licence or a relevant registration, or

ii

ascertaining whether any condition to which a Group 2 licence was subject has been complied with.

2

In this Part—

“Group 2 offence” means an offence under section 6, 7, 9(5), 13(2) or 14,
“Group 2 licence” means a licence authorising anything which would otherwise be a Group 2 offence, and
“relevant registration” means a registration in accordance with regulations under section 7(1).

3

In subsection (1)—

a

“Specimen” and “sample” have the same meaning as in section 18C.

6

This section is subject to section 18F.

C1118FRestrictions on taking of samples from live specimens

1

No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird or other animal except by a veterinary surgeon.

2

No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird, other animal or plant unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

E2719 Enforcement.

1

seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.

2

If a constable suspects with reasonable cause that any person is committing F174or has committed an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1), enter any land other than a F175dwelling or lockfast premises .

3

If a justice of the peace is satisfied by F176evidence on oath that there are reasonable grounds for suspecting that F177an offence under this Part has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable F178to enter those premises, if necessary using reasonable force, and search them for the purpose of obtaining that evidence.

In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.

F1794

A warrant under subsection (3) continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify.

5

A constable authorised by virtue of this section to enter any land must, if required to do so by the occupier or anyone acting on the occupier’s behalf, produce evidence of the constable’s authority.

6

A constable who enters any land in the exercise of a power conferred by this section—

a

may—

i

be accompanied by any other persons, and

ii

take any machinery, other equipment or materials on to the land,

for the purpose of assisting the constable in the exercise of that power,

b

may take samples of any articles or substances found there and remove the samples from the land.

7

A power specified in subsection (6)(a) or (b) which is exercisable under a warrant is subject to the terms of the warrant.

8

A constable leaving any land which has been entered in exercise of a power conferred by subsection (2) or by a warrant under subsection (3), being either unoccupied land or land from which the occupier is temporarily absent, must leave it as effectively secured against unauthorised entry as the constable found it.

19XAF277Constables' powers in connection with samples

1

A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred F188by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample.

2

A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (the relevant specimen) may require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—

a

is alleged to be, or

b

the constable suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

3

Where a sample from a live bird or other animal is to be taken pursuant to a requirement under this section, any person who has possession or control of the specimen must give the person taking the sample such assistance as he may reasonably require for that purpose.

4

“Specimen” and “sample” have the same meaning as in section 18C.

5

This section is subject to section 18F (restrictions on taking samples).

F189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19ZB Power to take samples.

F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 8(1), 9(5), 13(2), 14 or 14A is being, or has been, committed in respect of any specimen, require any person who has possession or control of the specimen to make it available for examination by the inspector.

6

Any person who has possession or control of any live bird or other animal shall give any wildlife inspector acting in the exercise of powers conferred by this section such assistance as the inspector may reasonably require for the purpose of examining the bird or other animal.

7

Any person who—

a

intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5); or

b

fails without reasonable excuse to give any assistance reasonably required under subsection (6),

shall be guilty of an offence.

8

Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence.

9

In this section—

“relevant registration or licence” means—
1. a
  a registration in accordance with regulations under section 7(1); or
2. b
  a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), 13(2), 14 or 14A;
“specimen” means any bird, other animal or plant or any part of, or anything derived from, a bird, other animal or plant.

C1419ZDPower to take samples: Scotland

1

A constable who suspects with reasonable cause that a specimen found by the constable in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample of blood or tissue in order to determine its origin, identity or ancestry.

2

A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (“the relevant specimen”) may require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.

3

A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2), 14 or 14A is being or has been committed, require the taking of a sample of blood or tissue from a specimen found by the inspector in the exercise of powers conferred by section 19ZC(3)(a) to (d) in order to determine its origin, identity or ancestry.

4

A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2), 14 or 14A is being or has been committed in respect of any specimen (“the relevant specimen”), require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.

5

No sample from a live bird, other animal or plant shall be taken pursuant to a requirement under this section unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.

6

No sample from a live bird or other animal shall be taken pursuant to such a requirement except by a veterinary surgeon.

7

Where a sample from a live bird or other animal is to be taken pursuant to such a requirement, any person who has possession or control of the specimen shall give the person taking the sample such assistance as that person may reasonably require for that purpose.

8

A constable entering premises under section 19(2), and any wildlife inspector entering premises under section 19ZC(3), may take with him a veterinary surgeon if the constable or, as the case may be, inspector has reasonable grounds for believing that such a person will be required for the exercise on the premises of powers under subsection (1) or (2) or, as the case may be, (3) or (4).

9

Any person who—

a

intentionally obstructs a wildlife inspector acting in the exercise of the power conferred by subsection (3),

b

fails without reasonable excuse to make available any specimen in accordance with a requirement under subsection (2) or (4), or

c

fails without reasonable excuse to give any assistance reasonably required under subsection (7),

shall be guilty of an offence.

10

In this section—

a

“specimen” has the same meaning as in section 19ZC;

b

in relation to a specimen which is a part of, or is derived from, a bird, other animal or plant, references to determining its origin, identity or ancestry are to determining the origin, identity or ancestry of the bird, other animal or plant.

F19119A Evidence in Scotland as to taking or destruction of eggs.

In any proceedings in Scotland for an offence under section 1(1)(c) of, or by virtue of section 3(1)(a)(iii) of, this Act, the accused may be convicted on the evidence of one witness.

E2920F196Proceedings for summary offences.

F1971

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

F198Proceedings for a summary offence under this Part may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than two years after the commission of the offence.

3

For the purpose of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

E2820 Summary prosecutions.

1

F192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Summary proceedings for an offence F193under this Part may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than F194three years after the commission of the offence F195or, in the case of a continuous contravention, after the last date on which the offence was committed .

shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and

b

may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 F217or 14ZA , any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.

7

Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

E3021 Penalties, forfeitures etc.

F1991

Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 F200, 15A, 17, 19ZC (other than an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by section 19ZC(3)(d)) or 19ZD shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

2

F201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

A person guilty of an offence under section 14 F202or 14A shall be liable—

F203a

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the F204£40,000 , or to both;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

F2054A

A person guilty of an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by subsection (3)(d) of that section shall be liable—

a

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

add any plants to, or remove any plants from, Schedule 8.

5

The Secretary of State may by order, either generally or with respect to particular areas of Great Britain—

a

add any animals to, or remove any animals from, Part I of Schedule 9; and

b

add any plants to, or remove any plants from, Part II of that Schedule.

E3322 Power to vary Schedules.

1

The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year

F222a

add any bird to, or remove any bird from, any of or any Part of Schedules F223A1 to 4.

F224b

add any animal to, or remove any animal from, Schedule 5 or 6 or Part I of Schedule 9;

c

add any plant to, or remove any plant from, Schedule 8 or Part II of Schedule 9.

2 F2252A

Before making an order under subsection (1) the Scottish Ministers shall consult Scottish Natural Heritage.

3

The Secretary of State may, on a representation made F226to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act , by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—

a

add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and

b

remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered

F227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2283A

The 2006 Act means the Natural Environment and Rural Communities Act 2006.

4

F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Before appointing a person to be a member of an advisory body established under subsection (1)(a), the Secretary of State shall consult such persons or bodies as he thinks fit.

7

The Secretary of State may, out of moneys provided by Parliament and to such an extent as may be approved by the Treasury, defray or contribute towards the expenses of an advisory body established under subsection (1)(a).

E3424F230Functions of GB conservation bodies

1

The F231GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act may at any time and shall five years after F23230th October 1991 and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—

a

any animal should be added to, or removed from, Schedule 5;

b

any plant should be added to, or removed from, Schedule 8

F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2341A

The 2006 Act means the Natural Environment and Rural Communities Act 2006.

2

Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led F235to that advice being given.

F2363

The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.

4

The functions of the F237GB conservation bodies shall include power to advise or assist—

a

any constable;

b

any proper officer of a local authority; or

F238c

any wildlife inspector,

in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.

E3524F239Functions of GB conservation bodies

1

The F240GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act may at any time and shall five years after F24130th October 1991 and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—

a

any animal should be added to, or removed from, Schedule 5;

b

any plant should be added to, or removed from, Schedule 8

F242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2431A

The 2006 Act means the Natural Environment and Rural Communities Act 2006.

2 F2453

The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.

4

The functions of the F246GB conservation bodies shall include power to advise or assist—

a

any constable;

b

any proper officer of a local authority; or

c

any person duly authorised by the Secretary of State under section 6(9), 7(6) or 14(5),

in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.

25 Functions of local authorities.

1

Every local authority shall take such steps as they consider expedient for bringing to the attention of the public and of schoolchildren in particular the effect of—

a

the provisions of this Part; and

b

any order made under this Part affecting the whole or any part of their area.

2

A local authority in England and Wales may institute proceedings for any offence under this Part or any order made under it which is committed within their area.

E3726 Regulations, orders, notices etc.

1

Any power to make regulations or orders under this Part shall be exercisable by statutory instrument.

2

A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than sections 2(6), 3, 5 and 11, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3

No order under section 5 or 11 shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

4

Before making any order under this Part, the Secretary of State—

a

except in the case of an order under section 2(6), shall give to any local authority affected and, except in the case of an order under section 3, any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order;

b

except in the case of an order under section 22(3), shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and

c

b

if the order relates in whole or in part to Scotland, in the Edinburgh Gazette.

6 26AF279Enforcement of wildlife legislation

Regulations under section 2(2) of the European Communities Act 1972 (c. 68) for the purpose of implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora F249(that is, the Directive as amended from time to time by any other Community instrument or otherwise) may, despite paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.

E3827 Interpretation of Part I.

1

In this Part, unless the context otherwise requires—

“advertisement” includes a catalogue, a circular and a price list;
“advisory body” has the meaning given by section 23;
“agriculture Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State;
“authorised person” means—
1. a
  the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;
2. b
  any person authorised in writing by the local authority for the area within which the action authorised is taken;
3. c
  as respects anything done in relation to wild birds, any person authorised in writing by any of the following bodies, that is to say, F250any of the F251GB conservation bodies, F252. . . a district board for a fishery district within the meaning of the M16Salmon Fisheries (Scotland) Act 1862 or a local fisheries committee constituted under the M17Sea Fisheries Regulation Act 1966;
4. d
  F253any person authorised in writing by the National Rivers Authority, a water undertaker or a sewerage undertaker;
so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land;
“automatic weapon” and “semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;
“aviculture” means the breeding and rearing of birds in captivity;
“destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” shall be construed accordingly;
“domestic duck” means any domestic form of duck;
“domestic goose” means any domestic form of goose;
“firearm” has the same meaning as in the M18Firearms Act 1968;
“game bird” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;
F254“inland waters” means—
1. a
  inland waters within the meaning of the Water Resources Act 1991; M19
2. b
  any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;
3. c
  controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M20 other than ground waters as defined in section 30A(1)(d) of that Act.
“livestock” includes any animal which is kept—
1. a
  for the provision of food, wool, skins or fur;
2. b
  for the purpose of its use in the carrying on of any agricultural activity; or
3. c
  for the provision or improvement of shooting or fishing;
“local authority” means—
1. a
  in relation to England F255. . ., a county, district or London borough council F256. . .;
2. aa
  F257in relation to Wales, a county council or county borough council;
3. b
  in relation to Scotland, a F258council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“occupier”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish;
“pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;
“poultry” means domestic fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;
F259“premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;
“sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;
“uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;
“vehicle” includes aircraft, hovercraft and boat;
~~F260“water authority”, in relation to Scotland, has the same meaning as in the~~ ~~M21Water (Scotland) Act 1980;~~
“wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;
“wild bird” means any bird of a F261species which is ordinarily resident in or is a visitor to F262the European territory of any member State in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;
F263“the Wild Birds Directive” means Council Directive 79/409/EEC on the conservation of wild birds;
“wild plant” means any plant which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.
F264“wildlife inspector” has the meaning given by F265section 18A(1).

2

A bird shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully in captivity when the egg was laid.

3

Any reference in this Part to an animal of any kind includes, unless the context otherwise requires, a reference to an egg, larva, pupa, or other immature stage of an animal of that kind.

F2663A

In this Part “the GB conservation bodies” means—

a

Natural England,

b

the Countryside Council for Wales, and

c

Scottish Natural Heritage,

and references to a conservation body are to be read accordingly.

4

This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council.

5

This Part extends to the territorial waters adjacent to Great Britain, and for the purposes of this Part any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part.

E3927 Interpretation of Part I.

1

In this Part, unless the context otherwise requires—

“advertisement” includes a catalogue, a circular and a price list;
“advisory body” has the meaning given by section 23;
“agriculture Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State;
“authorised person” means—
1. a
  the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;
2. b
  any person authorised in writing by the local authority for the area within which the action authorised is taken;
3. c
  as respects anything done in relation to wild birds, any person authorised in writing by any of the following bodies, that is to say, F250any of the F267GB conservation bodies, F252. . . a district board for a fishery district within the meaning of the M16Salmon Fisheries (Scotland) Act 1862 or a local fisheries committee constituted under the M17Sea Fisheries Regulation Act 1966;
4. d
  F253any person authorised in writing by the National Rivers Authority, a water undertaker or a sewerage undertaker;
so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land;
“automatic weapon” and “semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;
“aviculture” means the breeding and rearing of birds in captivity;
“destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” shall be construed accordingly;
“domestic duck” means any domestic form of duck;
“domestic goose” means any domestic form of goose;
“firearm” has the same meaning as in the M18Firearms Act 1968;
“game bird” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;
F254“inland waters” means—
1. a
  inland waters within the meaning of the Water Resources Act 1991; M19
2. b
  any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;
3. c
  controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M20 other than ground waters as defined in section 30A(1)(d) of that Act.
“livestock” includes any animal which is kept—
1. a
  for the provision of food, wool, skins or fur;
2. b
  for the purpose of its use in the carrying on of any agricultural activity; or
3. c
  for the provision or improvement of shooting or fishing;
“local authority” means—
1. a
  in relation to England F255. . ., a county, district or London borough council F256. . .;
2. aa
  F257in relation to Wales, a county council or county borough council;
3. b
  in relation to Scotland, a F258council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“occupier”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish;
“pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;
“poultry” means F268the domestic forms of the following, that is to say fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;
“sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;
“uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;
“vehicle” includes aircraft, hovercraft and boat;
~~F260“water authority”, in relation to Scotland, has the same meaning as in the~~ ~~M21Water (Scotland) Act 1980;~~
“wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;
“wild bird” means any bird of a F269species which is ordinarily resident in or is a visitor to F270any member State or the European territory of any member State in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;
“wild plant” means any plant F271(including fungi) which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.
F264“wildlife inspector” has the meaning given by section 19ZA(1).

and references to a conservation body are to be read accordingly.

4

This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council.

5 27ZAF280Application of Part 1 to England and Wales

F2751

The amendments made to this Part of the Act by the 2004 Regulations have effect in relation to England only, and accordingly, in the application of this Act in relation to Wales, this Part continues to have effect without the amendments made by the 2004 Regulations.

~~This subsection is subject to any regulations which may be made under section 2(2) of the European Communities Act 1972 by the National Assembly for Wales.~~

2

~~In this section “the 2004 Regulations” means the Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2004.~~

Part II Nature Conservation, Countryside and National Parks

F355 X2Sites of special scientific interest and limestone pavements

Annotations:

Editorial Information

S. 27A and preceding heading repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 77, Sch. 12; S.I. 2006/2541, art. 2 and new s. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2

Amendments (Textual)

F355

S. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2

27A Construction of references to Nature Conservancy Council.

F281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27AAF356Application of sections 28 to 34 in Wales

In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to the Countryside Council for Wales.

F283 E4128 Sites of special scientific interest.

1

Where F284Natural England are of the opinion that any area of land is of special interest by reason of any of its flora, fauna, or geological or physiographical features, it shall be the duty of F284Natural England to notify that fact—

a

to the local planning authority in whose area the land is situated;

b

to every owner and occupier of any of that land; and

c

to the Secretary of State.

2

F284Natural England shall also publish a notification of that fact in at least one local newspaper circulating in the area in which the land is situated.

3

A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to it may be made; and F284Natural England shall consider any representation or objection duly made.

4

A notification under subsection (1)(b) shall also specify—

a

the flora, fauna, or geological or physiographical features by reason of which the land is of special interest, and

b

any operations appearing to F284Natural England to be likely to damage that flora or fauna or those features,

and shall contain a statement of F285Natural England's views about the management of the land (including any views F284Natural England may have about the conservation and enhancement of that flora or fauna or those features).

5

Where a notification under subsection (1) has been given, F284Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

a

give notice to the persons mentioned in subsection (1) withdrawing the notification; or

b

give notice to those persons confirming the notification (with or without modifications).

6

A notification shall cease to have effect—

a

b

if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to in that subsection, at the end of that period.

7

As from the time when there is served on the owner or occupier of any land a notice under subsection (5)(b) confirming a notice of variation with modifications, the notification under section 28(1)(b) shall have effect as so varied.

8

A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notice under subsection (3) or (5)(b).

Subsections (5) to (7) of section 28 apply in relation to a notification under subsection (2) of this section as they apply in relation to a notification under subsection (1) of that section, as if references to “subsection (1)” in section 28(5) to (7) were references to subsection (2) of this section.

8

As from the time when a notification under subsection (2)(b) is served on the owner or occupier of any land, the notification under section 28(1)(b) shall have effect as if it included the notification under subsection (2)(b).

9

As from the time when there is served on the owner or occupier of any land which has been notified under subsection (2)(b) a notice under section 28(5)(b) (as applied by subsection (7) of this section) confirming the notification under subsection (2)(b) with modifications, the notification under section 28(1)(b) (as extended by virtue of subsection (8) of this section) shall have effect in its modified form.

10

A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notification under subsection (2) or under section 28(5)(b) as applied by subsection (7) of this section.

F29028C Enlargement of SSSI.

1

Where F291Natural England are of the opinion that any area of land which includes, but also extends beyond, a site of special scientific interest (“the SSSI”) is of special interest by reason of any of its flora, fauna, or geological or physiographical features, F291Natural England may decide to notify that fact.

2

If they do so decide, the persons whom they must notify are—

a

the local planning authority in whose area the land (including the SSSI) is situated;

b

every owner and occupier of any of that land (including the SSSI); and

c

the Secretary of State.

3

Subsections (2) to (8) of section 28 apply to a notification under subsection (2) of this section as they apply to a notification under subsection (1) of that section, as if references to “subsection (1)” and “subsection (1)(b)” in section 28(2) to (8) were references to subsection (2) and subsection (2)(b) of this section respectively.

4

No notification may be given under subsection (2) until after notice has been given under section 28(5)(b) (or section 28(5)(b) as applied by subsection (3)) confirming (with or without modifications) the notification under section 28(1) (or subsection (2)) relating to the SSSI.

5

As from the time when a notification under subsection (2) is served on the owner or occupier of any land included in the SSSI, the notification in relation to that land which had effect immediately before the service of the notification under subsection (2) shall cease to have effect.

6

A notification under subsection (2)(b) of land in England and Wales shall be a local land charge; and, to the extent that any such land was the subject of a local land charge by virtue of section 28(9), that local land charge shall be discharged.

7

A notice under section 28E(1)(a) and a consent under section 28E(3)(a) given before a notification under subsection (2)(b) continue to have effect.

8

The enlargement of a site of special scientific interest under this section does not affect anything done under section 28J to 28L.

9

Any reference to—

a

a notification under section 28(1) (or any of its paragraphs) shall be construed as including the corresponding notification under subsection (2);

b

a notification under section 28(5)(b) shall be construed as including a notification under that provision as applied by subsection (3); and

c

a local land charge existing by virtue of section 28(9) shall be treated as including one existing by virtue of subsection (6).

28CAF357Guidance in relation to subtidal notifications of SSSIs

1

The ministerial authority may issue guidance to Natural England about the exercise of the power conferred by section 28(1B), 28B(2B) or 28C(2B) to give a notification under section 28(1), 28B(2) or 28C(2) (as the case may be) in relation to land lying below mean low water mark.

2

In this section and section 28CB “the ministerial authority” means—

a

in relation to England, the Secretary of State;

b

in relation to Wales, the Welsh Ministers.

28CBF358Power to call in subtidal notifications

1

This section applies where a notification under section 28(1), 28B(2) or 28C(2) has been given in relation to land lying below mean low water mark (“the subtidal land”) by virtue of section 28(1B), 28B(2B) or 28C(2B) (as the case may be).

2

Natural England may not give notice under section 28(5)(b) confirming the notification unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.

(For the meaning of “the ministerial authority”, see section 28CA.)

3

At any time before the notification is confirmed the ministerial authority may give notice to Natural England that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.

4

If the ministerial authority gives notice under subsection (3), Natural England may not give notice under section 28(5) until the ministerial authority has given a direction under subsection (5).

5

The ministerial authority may direct—

a

that the notification (if confirmed) must include all of the subtidal land;

b

that the notification (if confirmed) must not include any of the subtidal land;

c

that the notification (if confirmed) must, or must not, include such part of that land as is specified in the direction;

d

that the decision whether the notification (if confirmed) should include the subtidal land is to be taken by Natural England.

6

If the ministerial authority gives a direction under subsection (5), Natural England must give notice under section 28(5)(a) or (b), in accordance with that direction, within the period of three months beginning with the date on which the direction is received by them.

7

The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—

a

appearing before and being heard by a person appointed by the ministerial authority for that purpose;

b

providing written representations to such a person.

8

A person appointed under subsection (7) must make a report to the ministerial authority of any oral or written representations made under that subsection.

9

The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (7).

10

The power to make regulations under subsection (9) is exercisable by statutory instrument.

11

A statutory instrument containing regulations made under subsection (9) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

12

A statutory instrument containing regulations made under subsection (9) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

F29228D Denotification.

1

Where F293Natural England are of the opinion that all or part of a site of special scientific interest is F294not of special interest by reason of any of the matters mentioned in section 28(1), they may decide to notify that fact.

2

If they do so decide, the persons whom they must notify are—

a

the local planning authority in whose area the land which F293Natural England no longer consider to be of special interest is situated;

b

every owner and occupier of any of that land;

c

the Secretary of State;

d

the Environment Agency; and

e

every relevant undertaker (within the meaning of section 4(1) of the M22Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the M23Land Drainage Act 1991) whose works, operations or activities may affect the land.

3

F293Natural England shall also publish a notification of that fact in at least one local newspaper circulating in the area in which the land referred to in subsection (2)(a) is situated.

4

Section 28(3) shall apply to a notification under subsection (2) or (3) as it applies to a notification under section 28(1).

5

Where a notification under subsection (2) has been given, F293Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

a

give notice to the persons mentioned in subsection (2) withdrawing the notification, or

b

give notice to those persons confirming the notification, or confirming it in relation to an area of land specified in the notice which is smaller than that specified in the notification under subsection (2),

but if they do neither the notification shall cease to have effect.

6

A notification under subsection (2) shall have effect in relation to any land as from the time a notice under subsection (5)(b) is served on its owner or occupier, and from that time a notification under section 28(1)(b) in relation to that land shall cease to have effect.

7

A local land charge existing by virtue of section 28(9) shall be discharged in relation to land which is the subject of a notice under subsection (5)(b).

F29528E Duties in relation to sites of special scientific interest.

C161

The owner or occupier of any land included in a site of special scientific interest shall not while the notification under section 28(1)(b) remains in force carry out, or cause or permit to be carried out, on that land any operation specified in the notification unless—

a

one of them has, after service of the notification, given F296Natural England notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and

b

one of the conditions specified in subsection (3) is fulfilled.

2

Subsection (1) does not apply to an owner or occupier being an authority to which section 28G applies acting in the exercise of its functions.

3

The conditions are—

a

that the operation is carried out with F297Natural England's written consent;

b

that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act F298, section 15 of the 1968 Act or section 7 of the Natural Environment and Rural Communities Act 2006 ;

c

that the operation is carried out in accordance with a management scheme under section 28J or a management notice under section 28K.

4

A consent under subsection (3)(a) may be given—

a

subject to conditions, and

b

for a limited period,

as specified in the consent.

5

If F296Natural England do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).

6

F296Natural England may, by notice given to every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates—

a

withdraw the consent; or

b

modify it (or further modify it) in any way.

7

The following—

a

a consent under subsection (3)(a) granting consent subject to conditions or for a limited period, and

b

a notice under subsection (5) or (6),

must include a notice of F297Natural England's reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8).

8

The matters referred to in subsection (7) are—

a

the rights of appeal under section 28F;

b

the effect of subsection (9); and

c

in the case of a notice under subsection (6), the effect of section 28M.

where the decision was a refusal of consent, direct F300Natural England to give consent,

c

where the decision was as to the terms of a consent (whether the original or a modified one), quash all or any of those terms,

d

where the decision was a withdrawal or modification of consent, quash the decision,

and where he exercises any of the powers in paragraphs (b), (c) or (d) he may give directions to F300Natural England as to the terms on which they are to give consent.

6

The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—

a

notices of appeal and supporting documentation required, and

b

how appeals are to be brought and considered,

and any such regulations may make different provision for different cases and circumstances.

7

A statutory instrument containing regulations under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

8

The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal.

9

Schedule 10A shall have effect with respect to appointments under subsection (8).

10

Subsections (2) to (5) of section 250 of the M24Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there—

a

to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and

b

to the Minister causing an inquiry to be held were to the Secretary of State.

11

Section 322A of the M25Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section.

F30128G Statutory undertakers, etc.: general duty.

1

An authority to which this section applies (referred to in this section and in sections 28H and 28I as “a section 28G authority”) shall have the duty set out in subsection (2) in exercising its functions so far as their exercise is likely to affect the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.

C172

The duty is to take reasonable steps, consistent with the proper exercise of the authority’s functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest.

3

The following are section 28G authorities—

a

a Minister of the Crown (within the meaning of the Ministers of the M26Crown Act 1975) or a Government department;

b

the National Assembly for Wales;

c

a local authority;

d

a person holding an office—

i

under the Crown,

ii

created or continued in existence by a public general Act of Parliament, or

iii

the remuneration in respect of which is paid out of money provided by Parliament;

e

a statutory undertaker F302. . . ; and

f

any other public body of any description.

F3034

“Statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.

F30428H Statutory undertakers, etc.: duty in relation to carrying out operations.

1

A section 28G authority shall give notice to F305Natural England before carrying out, in the exercise of its functions, operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.

2

Subsection (1) applies even if the operations would not take place on land included in a site of special scientific interest.

3

In response to the notice referred to in subsection (1), F305Natural England may send a notice—

a

saying that they do not assent to the proposed operations, or

b

b

that the authority restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur.

F306 C1828I Statutory undertakers, etc.: duty in relation to authorising operations.

1

This section applies where the permission of a section 28G authority is needed before operations may be carried out.

2

Before permitting the carrying out of operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, a section 28G authority shall give notice of the proposed operations to F307Natural England .

3

Subsection (2) applies even if the operations would not take place on land included in a site of special scientific interest.

4

The authority shall wait until the expiry of the period of 28 days beginning with the date of the notice under subsection (2) before deciding whether to give its permission, unless F307Natural England have notified the authority that it need not wait until then.

5

The authority shall take any advice received from F307Natural England into account—

a

in deciding whether or not to permit the proposed operations, and

b

if it does decide to do so, in deciding what (if any) conditions are to be attached to the permission.

6

If F307Natural England advise against permitting the operations, or advise that certain conditions should be attached, but the section 28G authority does not follow that advice, the authority—

a

shall give notice of the permission, and of its terms, to F307Natural England , the notice to include a statement of how (if at all) the authority has taken account of the Council’s advice, and

b

shall not grant a permission which would allow the operations to start before the end of the period of 21 days beginning with the date of that notice.

7

In this section “permission”, in relation to any operations, includes authorisation, consent, and any other type of permission (and “permit” and “permitting” are to be construed accordingly).

give notice to them confirming the management scheme (with or without modifications),

and if notice under paragraph (b) is given, the management scheme shall have effect from the time the notice is served on all of the relevant owners or occupiers.

9

A notice under subsection (3) shall cease to have effect—

a

on the giving of a notice of withdrawal under subsection (8)(a) to any of the relevant owners and occupiers; or

b

if not withdrawn or confirmed by notice under subsection (8) within the period of nine months referred to there, at the end of that period.

10

F310Natural England's power under subsection (8)(b) to confirm a management scheme with modifications shall not be exercised so as to make complying with it more onerous.

11

F309Natural England may at any time cancel or propose the modification of a management scheme.

12

In relation to—

a

the cancellation of a management scheme, subsections (3) to (5) apply, and

b

a proposal to modify a management scheme, subsections (3) to (10) apply,

as they apply in relation to a proposal for a management scheme.

13

An agreement under section 16 of the 1949 Act or section 15 of the 1968 Act relating to a site of special scientific interest may provide for any matter for which a management scheme relating to that site provides (or could provide).

F31128K Management notices.

1

Where it appears to F312Natural England that—

a

an owner or occupier of land is not giving effect to a provision of a management scheme, and

b

as a result any flora, fauna or geological or physiographical features by reason of which the land is of special interest are being inadequately conserved or restored,

they may if they think fit serve a notice on him (a “management notice”).

2

They may not serve a management notice unless they are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land in accordance with the management scheme.

3

A management notice is a notice requiring the owner or occupier to—

a

carry out such work on the land, and

b

do such other things with respect to it,

as are specified in the notice, and to do so before the dates or within the periods so specified.

4

The work and other things specified in the notice must appear to F312Natural England to be measures which it is reasonable to require in order to ensure that the land is managed in accordance with the management scheme.

5

The management notice must explain the effect of subsection (7) and (8) and of sections 28L and 28M(2) to (4).

6

A copy of the management notice must be served on every other owner and occupier of the land.

7

If any of the work or other things required by a management notice have not been done within the period or by the date specified in it, F312Natural England may—

a

enter the land, and any other land, and carry out the work, or do the other things; and

b

recover from the owner or occupier upon whom the notice was served any expenses reasonably incurred by them in carrying out the work or doing the other things.

8

If an appeal is brought against the management notice, and upon the final determination of the appeal the notice is affirmed (with or without modifications), subsection (7) applies as if the references there to the management notice were to the notice as affirmed.

F31328L Appeals against management notices.

1

A person who is served with a management notice may appeal against its requirements to the Secretary of State; and a management notice does not take effect until—

a

the expiry of the period for appealing against it; or

b

if an appeal is brought, its withdrawal or final determination.

2

An appeal may be on the ground that some other owner or occupier of the land should take all or any of the measures specified in the management notice, or should pay all or part of their cost.

3

Where the grounds of appeal are, or include, that mentioned in subsection (2), the appellant must serve a copy of his notice of appeal on each other person referred to.

4

Before determining an appeal, the Secretary of State may, if he thinks fit—

a

cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or

b

and any such regulations may make different provision for different cases or circumstances.

9

A statutory instrument containing regulations under subsection (8) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

10

The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal.

11

Schedule 10A shall have effect with respect to appointments under subsection (10).

12

Subsections (2) to (5) of section 250 of the M27Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there—

a

to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and

b

to the Minister causing an inquiry to be held were to the Secretary of State.

13

Section 322A of the M28Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section.

F31428M Payments.

1

Where F315Natural England , under section 28E(6), modify or withdraw a consent, they shall make a payment to any owner or occupier of the land who suffers loss because of the modification or withdrawal.

2

F315Natural England may, if they think fit, make one or more payments to any owner or occupier of land in relation to which a management scheme under section 28J is in force.

3

The amount of a payment under this section is to be determined by F315Natural England in accordance with guidance given and published by the Ministers.

4

Section 50(3) applies to the determination of the amount of payments under this section as it applies to the determination of the amount of payments under that section.

F31628N Compulsory purchase.

1

F317Natural England may in circumstances set out in subsection (2) acquire compulsorily all or any part of a site of special scientific interest.

2

The circumstances are—

a

that F317Natural England are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land; or

b

that F317Natural England have entered into such an agreement, but they are satisfied that it has been breached in such a way that the land is not being managed satisfactorily.

3

A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) is to be determined by an arbitrator appointed by the Lord Chancellor.

4

Where F317Natural England have acquired land compulsorily under this section, they may—

subject to subsection (5), the operation in question was authorised by a planning permission granted on an application under Part III of the M29Town and Country Planning Act 1990 or permitted by a section 28G authority which has acted in accordance with section 28I; or

b

the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to F319Natural England as soon as practicable after the commencement of the operation.

5

If an operation needs both a planning permission and the permission of a section 28G authority, subsection (4)(a) does not provide reasonable excuse unless both have been obtained.

F3205A

A section 28G authority which, in the exercise of its functions, permits the carrying out of an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest—

a

without first complying with section 28I(2), or

b

where relevant, without first complying with section 28I(4) or (6),

is, unless there was a reasonable excuse for permitting the carrying out of the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.

where appropriate, subsection (5) is also satisfied, reading the reference there to an operation in the same way.

8

A person who without reasonable excuse fails to comply with a requirement of a management notice is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.

9

In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

10

Proceedings in England and Wales for an offence under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than F319Natural England .

11

In this section, “a section 28G authority” means an authority to which section 28G applies.

F32428Q Change of owner or occupier.

1

This section applies where the owner of land included in a site of special scientific interest—

a

disposes of any interest of his in the land; or

b

becomes aware that it is occupied by an additional or a different occupier.

2

If this section applies, the owner shall send a notice to F325Natural England before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation.

3

The notice is to specify the land concerned and—

a

in a subsection (1)(a) case, the date on which the owner disposed of the interest in the land, and the name and address of the person to whom he disposed of the interest; or

b

in a subsection (1)(b) case, the date on which the change of occupation took place (or, if the owner does not know the exact date, an indication of when to the best of the owner’s knowledge it took place), and, as far as the owner knows them, the name and address of the additional or different occupier.

4

A person who fails without reasonable excuse to comply with the requirements of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

5

For the purposes of subsection (1), an owner “disposes of” an interest in land if he disposes of it by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage.

F32628R Byelaws.

1

F327Natural England may make byelaws for the protection of a site of special scientific interest.

2

The following provisions of the 1949 Act apply in relation to byelaws under this section as they apply in relation to byelaws under section 20 of that Act—

a

subsections (2) and (3) of section 20 (reading references there to nature reserves as references to sites of special scientific interest); and

b

sections 106 and 107.

28SF359Notices and signs relating to SSSIs

1

Natural England may, on any land included in a site of special scientific interest, put up and maintain notices or signs relating to the site.

2

Natural England may remove any notice or sign put up under subsection (1).

3

Any other person who intentionally or recklessly and without reasonable excuse takes down, damages, destroys or obscures a notice or sign put up under subsection (1) is guilty of an offence.

4

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

29 Special protection for certain areas of special scientific interest.

F328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30 Compensation where order is made under s. 29.

F329. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E4331F331Restoration following offence under section 28P.

F3321

Where—

a

the operation in respect of which a person is convicted of an offence under section 28P(1), (2) or (3) has destroyed or damaged any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or

b

b

for the purposes of any appeal or review, an order under this section is a sentence.

E4231 Restoration where order under s. 29 is contravened.

F330. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E4532 Duties of agriculture Ministers with respect to areas of special scientific interest.

1

Where an application for F338a farm capital grant is made as respects expenditure incurred or to be incurred for the purpose of activities on F339land included in a site of special scientific interest. . ., the appropriate Minister—

a

shall, so far as may be consistent with the purposes of F340the grant provisions, so exercise his functions thereunder as to further the conservation of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; and

b

where F341Natural England have objected to the making of the grant on the ground that the activities in question have destroyed or damaged or will destroy or damage that flora or fauna or those features, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State.

2

Where, in consequence of an objection by F341Natural England , an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (1)(b), F341Natural England shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act—

a

imposing restrictions as respects those activities; and

b

providing for the making by them of payments to the applicant.

F3423

In this section—

“the appropriate Minister” means the Minister responsible for determining the application;
“farm capital grant” means—

a

a grant under a scheme made under section 29 of the Agriculture Act 1970; or

b

a grant under regulations made under section 2(2) of the European Communities Act 1972 to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature;

“grant provisions” means—

i

in the case of such a grant as is mentioned in paragraph (a) above, the scheme under which the grant is made and section 29 of the Agriculture Act 1970; and

ii

in the case of such a grant as is mentioned in paragraph (b) above, the regulations under which the grant is made and the Community instrument in pursuance of which the regulations were made.

E4432 Duties of agriculture Ministers with respect to areas of special scientific interest.

F337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33 Ministerial guidance as respects areas of special scientific interest.

F3431

~~The Ministers shall from time to time, after consultation with~~ ~~F344Natural England~~ ~~and such persons appearing to them to represent other interests concerned as they consider appropriate—~~

a

~~prepare codes containing such recommendations, advice and information as they consider proper for the guidance of—~~

i

~~persons exercising functions under sections 28 to 32; and~~

ii

~~persons affected or likely to be affected by the exercise of any of those functions; and~~

b

~~revise any such code by revoking, varying, amending or adding to the provisions of the code in such manner as the Ministers think fit.~~

2

A code prepared in pursuance of subsection (1) and any alterations proposed to be made on a revision of such a code shall be laid before both Houses of Parliament forthwith after being prepared; and the code or revised code, as the case may be, shall not be issued until the code or the proposed alterations have been approved by both Houses.

3

Subject to subsection (2), the Ministers shall cause every code prepared or revised in pursuance of subsection (1) to be printed, and may cause copies of it to be put on sale to the public at such price as the Ministers may determine.

E4734 Limestone pavement orders.

F3461

Natural England must notify any local planning authority of any limestone pavement in that authority's area.

C192

Where it appears to the Secretary of State or the relevant authority that the character or appearance of any land notified under subsection (1) would be likely to be adversely affected by the removal of the limestone or by its disturbance in any way whatever, the Secretary of State or that authority may make an order (in this section referred to as a “limestone pavement order”) designating the land and prohibiting the removal or disturbance of limestone on or in it; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of limestone pavement orders.

3

The relevant authority may, after consultation with F347Natural England , amend or revoke a limestone pavement order made by the authority; and the Secretary of State may, after such consultation as aforesaid, amend or revoke any such order made by him or that authority but, in the case of an order made by that authority, only after consultation with that authority.

4

If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable—

a

on summary conviction, to a fine not exceeding F348£20,000;

b

on conviction on indictment, to a fine.

5

It is a reasonable excuse in any event for a person to remove or disturb limestone or cause or permit its removal or disturbance, if the removal or disturbance was authorised by a planning permission granted on an application under F349Part III of the Town and Country Planning Act 1990. . . .

6

In this section—

F350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“limestone pavement” means an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion;
F351 “the relevant authority” means—
1. a
  in relation to a non-metropolitan county F352in England, the county planning authority and, in relation to any other area in England, the local planning authority;
2. aa
  F353in relation to any area in Wales, the local planning authority;
3. b
  F354. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E4634 Limestone pavement orders.

F345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F471Nature reserves, F382 marine nature reserves and Ramsar sites

Annotations:

Amendments (Textual)

F471

S. 34A and preceding cross-heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 84; S.I. 2006/2541, art. 2

F382

Words in cross-heading preceding s. 34A omitted (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 146(1), 324(2)(b)(i), Sch. 11 para. 2(3) (with s. 145); S.I. 2014/3088, art. 2(b); and those same words repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(a) (with s. 162); S.S.I. 2010/230, art. 2(h)

34AMeaning of “appropriate conservation body”

In the following provisions of this Part “the appropriate conservation body” means—

a

in relation to England, Natural England;

b

in relation to Wales, the Countryside Council for Wales;

c

in relation to Scotland, Scottish Natural Heritage.

X335 National nature reserves.

1

Where F360the appropriate conservation body are satisfied that any land which—

a

is being managed as a nature reserve under an agreement entered into with F360the appropriate conservation body;

b

is held by F360the appropriate conservation body and is being managed by them as a nature reserve; or

c

is held by an approved body and is being managed by that body as a nature reserve,

is of national importance, they may declare that land to be a national nature reserve.

2

A declaration by F360the appropriate conservation body that any land is a national nature reserve shall be conclusive of the matters declared; and subsections (4) and (5) of section 19 of the 1949 Act shall apply in relation to any such declaration as they apply in relation to a declaration under that section.

3

On the application of the approved body concerned, F360the appropriate conservation body, as respects any land which is declared to be a national nature reserve under subsection (1)(c), make byelaws for the protection of the reserve.

4

Subsections (2) and (3) of section 20 and section 106 of the 1949 Act shall apply in relation to byelaws under this section as they apply in relation to byelaws under the said section 20.

5

In this section—

“approved body” means a body approved by F360the appropriate conservation body for the purposes of this section;
“nature reserve” has the same meaning as in Part III of the 1949 Act.

A statutory instrument containing regulations made under subsection (8) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

11

A statutory instrument containing regulations made under subsection (8) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

12

In this section “the ministerial authority” means—

a copy of the byelaws which, if an order is made, F371the appropriate conservation body propose making under section 37 for the protection of the area specified in the application; and

b

a copy of any byelaws made or proposed to be made for the protection of that area by a relevant authority;

and an order made on the application shall authorise the making under that section of such of the byelaws proposed to be made by F371the appropriate conservation body as may be set out in the order with or without modifications.

3

Byelaws the making of which is so authorised—

a

shall not require the Secretary of State’s consent under subsection (1) of section 37; and

b

notwithstanding anything in the provisions applied by subsection (4) of that section, shall take effect on their being made.

4

The provisions of Schedule 12 shall have effect as to the making, validity and date of coming into operation of orders under this section; and an order made under this section may be amended or revoked by a subsequent order so made.

5

The powers exercisable by F371the appropriate conservation body for the purpose of managing an area designated as a marine nature reserve under this section shall include power to install markers indicating the existence and extent of the reserve.

6

Nothing in this section or in byelaws made under section 37 shall interfere with the exercise of any functions of a relevant authority, any functions conferred by or under an enactment (whenever passed) or any right of any person (whenever vested).

7

In this section—

“enactment” includes an enactment contained in a local Act;
“local authority” means—
1. a
  in relation to England and Wales, a county council, F372a county borough council, a district council, F373. . . or a London borough council;
2. b
  in relation to Scotland, a F374council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
F375 “nautical miles” means international nautical miles of 1,852 metres;
“relevant authority” means a local authority, F376the National Rivers Authority, a water undertaker, a sewerage undertaker, an internal drainage board, a navigation authority, a harbour authority, F377. . . , a lighthouse authority, a conservancy authority, F531the Scottish Environment Protection Agency, a district board for a fishery district within the meaning of the M33Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under the M34Sea Fisheries Regulation Act 1966.

X4 E4836 Marine nature reserves.

C201

Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea F361which are landward of the baselines from which the breadth of the territorial sea adjacent to Great Britain is measured or are seaward of those baselines up to a distance of three nautical miles, it appears to the Secretary of State expedient, on an application made by F362the appropriate conservation body , that the land and waters covering it should be managed by F362the appropriate conservation body for the purpose of—

a

conserving marine flora or fauna or geological or physiographical features of special interest in the area; or

b

he may by order designate the area comprising that land and those waters as a marine nature reserve; and F362the appropriate conservation body shall manage any area so designated for either or both of those purposes.

2

An application for an order under this section shall be accompanied by—

a

a copy of the byelaws which, if an order is made, F362the appropriate conservation body propose making under section 37 for the protection of the area specified in the application; and

b

a copy of any byelaws made or proposed to be made for the protection of that area by a relevant authority;

and an order made on the application shall authorise the making under that section of such of the byelaws proposed to be made by F362the appropriate conservation body as may be set out in the order with or without modifications.

3

Byelaws the making of which is so authorised—

a

shall not require the Secretary of State’s consent under subsection (1) of section 37; and

b

notwithstanding anything in the provisions applied by subsection (4) of that section, shall take effect on their being made.

4

5

The powers exercisable by F362the appropriate conservation body for the purpose of managing an area designated as a marine nature reserve under this section shall include power to install markers indicating the existence and extent of the reserve.

6

7

In this section—

“enactment” includes an enactment contained in a local Act;
“local authority” means—
1. a
  in relation to England and Wales, a county council, F363a county borough council, a district council, F364. . . or a London borough council;
2. b
  in relation to Scotland, a F365council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
F366 “nautical miles” means international nautical miles of 1,852 metres;
“relevant authority” means a local authority, F367Scottish Water or any other statutory water undertakers, an internal drainage board, a navigation authority, a harbour authority, F368. . . , a lighthouse authority, a conservancy authority, F369the Scottish Environment Protection Agency, a district board for a fishery district within the meaning of the M31Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under the M32Sea Fisheries Regulation Act 1966.

anything done more than 30 metres below the sea bed.

5

Sections 236 to 238 of the M35Local Government Act 1972 or sections 202 to 204 of the M36Local Government (Scotland) Act 1973 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding the amount there specified and provide for the proof of byelaws in legal proceedings) shall apply to byelaws under this section as if F378the appropriate conservation body were a local authority within the meaning of the said Act of 1972 or the said Act of 1973, so however that in relation to such byelaws the said sections shall apply subject to such modifications (including modifications increasing the maximum fines which the byelaws may impose) as may be prescribed by regulations made by the Secretary of State.

Regulations under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6

In relation to byelaws under this section the confirming authority for the purposes of the said section 236 or the said section 202 shall be the Secretary of State.

7

The Secretary of State may, after consultation with F378the appropriate conservation body , direct them—

a

to revoke any byelaws previously made under this section; or

b

to make any such amendments of any byelaws so made as may be specified in the direction.

8

F378the appropriate conservation body shall have power to enforce byelaws made under this section; but nothing in this subsection shall be construed as authorising the Council to institute proceedings in Scotland for an offence.

9

Proceedings in England and Wales for an offence under byelaws made under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than F378the appropriate conservation body .

10

In this section “vessel” includes a hovercraft and any aircraft capable of landing on water and “pleasure boat” shall be construed accordingly.

11

References in this section to animals or plants of any description include references to eggs, seeds, spores, larvae or other immature stages of animals or plants of that description.

the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and

b

the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987.

5

If the Ramsar Convention is further amended after the passing of the Countryside and Rights of Way Act 2000, the reference to the Ramsar Convention in subsection (1) is to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision).

X8 F38138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Countryside

C2239 Management agreements with owners and occupiers of land.

1

A relevant authority may, for the purpose of conserving or enhancing the natural beauty or amenity of any land which is F384. . . within their area or promoting its enjoyment by the public, make an agreement (in this section referred to as a “management agreement”) with any person having an interest in the land with respect to the management of the land during a specified term or without limitation of the duration of the agreement.

2

Without prejudice to the generality of subsection (1), a management agreement—

a

may impose on the person having an interest in the land restrictions as respects the method of cultivating the land, its use for agricultural purposes or the exercise of rights over the land and may impose obligations on that person to carry out works or agricultural or forestry operations or do other things on the land;

b

~~shall, so far as may be consistent with the purposes of the~~ ~~F395the grant provisions, so exercise his functions thereunder as to further the conservation and enhancement of the natural beauty and amenity of the countryside and to promote its enjoyment by the public; and~~

b

where the relevant authority have objected to the making of the grant on the ground that the activities in question have had or will have an adverse effect on the natural beauty or amenity of the countryside or its enjoyment by the public, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State;

~~F396. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

4

Where, in consequence of an objection by the relevant authority, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (3)(b), the relevant authority shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, a management agreement—

a

~~imposing restrictions as respects those activities; and~~

b

~~providing for the making by them of payments to the applicant.~~

5

~~In this section—~~

~~F397 “agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970;~~
~~F397 “the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32;~~
~~F398“management agreement” means—~~
1. a
  ~~in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and~~
2. b
  ~~in relation to Wales, an agreement under section 39;~~
“~~the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England.~~

F3995A

~~For the purposes of this section the Broads shall be treated as a National Park~~ ~~F400(and, as respects land within the Broads, any reference in this section to the relevant authority is accordingly a reference to the Broads Authority).~~.

6

~~F401. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

National Parks

41AF430Application of sections 42 to 45 in Wales

In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to the Countryside Council for Wales.

In considering for the purposes of this section whether land has been agricultural land within the preceding 20 years, no account shall be taken of any conversion of the land into agricultural land which was unlawful under the provisions of this section or section 14 of the 1968 Act.

F4078

An order under this section shall be made by statutory instrument and the Statutory Instruments Act 1946 shall apply to such an instrument as if the order had been made by a Minister of the Crown.

9

The said section 14 (which is superseded by this section) shall cease to have effect; but this section shall have effect as if any order under that section in force immediately before the coming into force of this section had been made under this section.

C2643 Maps of National Parks showing certain areas of moor or heath.

1

Every F408local planning authority whose area comprises the whole or any part of a National Park shall—

a

before the expiration of the period of two years beginning with F409the relevant date, prepare a map of the Park or the part thereof showing any areas F410to which this section applies whose natural beauty it is, in the opinion of the authority, particularly important to conserve; and

b

F411at intervals of not more than five years review the particulars contained in the map and make such revisions thereof (if any) as may be requisite.

F4121A

In considering under subsection (1) whether any area to which this section applies is one whose natural beauty it is particularly important to conserve, a F413local planning authority shall act in accordance with the guidelines from time to time issued F414 . . . under subsection (1B).

1B

F415Natural England shall issue guidelines for the guidance of county planning authorities in considering as mentioned in subsection (1A), and F416Natural England may from time to time revise any guidelines so issued.

1C

Before issuing or revising any guidelines under subsection (1B) F417Natural England shall consult such bodies as appear to them to represent interests concerned; and before preparing or revising any map under subsection (1) a F413local planning authority shall consult such bodies as appear to the authority to represent interests concerned with matters affecting the Park or part of the Park in question.

2

The authority shall cause a map prepared or revised in pursuance of subsection (1) to be printed, and shall cause copies thereof to be put on sale to the public at such price as the authority may determine.

F4183

This section applies to any area of mountain, moor, heath, woodland, down, cliff or foreshore (including any bank, barrier, dune, beach, flat or other land adjacent to the foreshore); and in this section “the relevant date” means the date of issue of the first guidelines under subsection (1B).

44 Grants and loans for purposes of National Parks.

F4191

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49 Extension of power to appoint wardens.

1

This section applies to any land in a National Park or in the countryside if—

a

the public are allowed access to the land; and

b

there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority F436, the Countryside Council for Wales. or F437Natural England to appoint wardens as respects that land.

2

Subject to subsections (3) and (4) the power conferred on a local authority by section 92(1) of the 1949 Act (appointment of wardens) shall include a power, exercisable only with the agreement of the owner and of the occupier of any land to which this section applies, to appoint persons to act as wardens as respects that land.

3

The only purpose for which wardens may be appointed by virtue of subsection (2) is to advise and assist the public.

4

Notwithstanding the provisions of section 41(8) of the 1968 Act (F437Natural EnglandF436or the Countryside Council for Wales to be local authority for purposes of section 92 of the 1949 Act), nothing in this section shall be construed as conferring on F437Natural EnglandF436or the Countryside Council for Wales any additional power to appoint wardens.

C27 E5150 Payments under certain agreements offered by authorities.

1

This section applies where—

a

F439Natural England or the Countryside Council for Wales offer to enter into a nature reserve agreement or an SSSI agreement or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act providing for the making by them of payments F440to any person; or

b

the relevant authority offer to enter into a management agreement providing for the making by them of payments to a person whose application for a farm capital grant has been refused in consequence of an objection by the authority.

2

Subject to subsection (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given by the Ministers.

3

If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator F441. . . to be appointed, in default of agreement, by the Secretary of State; and where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall—

a

amend the offer so as to give effect to the arbitrator’s F441. . . determination; or

b

except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror, withdraw the offer.

4

In this section—

F442 “farm capital grant” has the same meaning as in section 32;
“management agreement” and “the relevant authority” have the same meanings as in section 41.
F443“nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;
“SSSI agreement” has the same meaning as in section 15A of the 1968 Act.

E5050 Payments under certain agreements offered by authorities.

F438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E53 C2851 Powers of entry.

1

Any person authorised in writing by the relevant authority may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes—

F445a

to determine whether the land should be notified under section 28(1);

b

to assess the condition of the flora, fauna, or geological or physiographical features by reason of which land which has been notified under section 28(1) is of special interest;

c

to determine whether or not to offer to enter into F446a nature reserve agreement or an SSSI agreement or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land;

d

to ascertain whether a condition to which a consent referred to in section 28E(3)(a) was subject has been complied with in relation to the land;

e

to ascertain whether an offence under section 28P or under byelaws made by virtue of section 28R is being, or has been, committed on or in relation to the land;

f

to formulate a management scheme for the land or determine whether a management scheme (or a proposed management scheme) for the land should be modified;

g

to prepare a management notice for the land;

h

to ascertain whether the terms of F446a nature reserve agreement or an SSSI agreement or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land, or the terms of a management scheme or the requirements of a management notice in relation to the land, have been complied with;

i

to determine whether or not to offer to make a payment under section 28M in relation to the land;

j

to determine any question in relation to the acquisition of the land by agreement or compulsorily;

k

to determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act;

F447ka

for the purposes of putting up, maintaining or removing notices or signs under section 28S;

l

to ascertain whether an order should be made in relation to the land under section 34 or if an offence under that section is being, or has been, committed on the land;

m

to ascertain whether an order should be made in relation to the land under section 42 or if an offence under that section is being, or has been, committed on the land;

but nothing in this subsection shall authorise any person to enter a dwelling.

F4481A

The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1).

1B

More than one person may be authorised for the time being under subsection (1) to enter any land.

2

In subsection (1) “the relevant authority” means—

a

for the purposes of F449paragraphs (a) to (ka) of that subsection, F450Natural England or the Countryside Council for Wales ;

b

for the purposes of F451paragraph (l) of that subsection, the Secretary of State or the relevant authority within the meaning of section 34;

c

for the purposes of F451paragraph (m) of that subsection, F452. . . the F453National Park authority.

F4542A

In subsection (1)—

“nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;
“SSSI agreement” has the same meaning as in section 15A of the 1968 Act.

b

the failure of a person so authorised to perform the duty imposed on him by subsection (3B),

except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person’s entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State

E5251 Powers of entry.

F444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51AF470Summary prosecutions

1

Proceedings in England and Wales for a summary offence under this Part may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

2

But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

3

For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

4

A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

52 Interpretation of Part II.

1

In this Part, unless the context otherwise requires,—

“agricultural land” does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land;
“the Ministers”, in the application of this Part to England, means the Secretary of State and the Minister of Agriculture, Fisheries and Food, and, in the application of this Part to Scotland or Wales, means the Secretary of State.
F459. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F460. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F461“notice” and “notification” mean notice or notification in writing;
“site of special scientific interest” means an area of land which has been notified under section 28(1)(b);

C292

F462In the application of this Part to England (except as respects F463a National Park for which a National Park authority is the local planning authority, a metropolitan county or Greater London) F464. . . references to a local planning authority shall be construed—

F465a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

F466. . . as references to a county planning authority and a district planning authority;

and in the application of this Part to Scotland references to a local planning authority shall be construed as references to a regional planning authority, a general planning authority and a district planning authority F467and, in sections 28 to 28D, shall also be construed in accordance with section 28(10);.

F4682A

Where a notification under section 28(1)(b) has been—

a

modified under section 28(5)(b),

b

varied under section 28A(3), or

c

varied with modifications under section 28A(5)(b),

d

extended under section 28B(2), or

e

extended with modifications by virtue of section 28B(7),

a reference to such a notification (however expressed) is (unless the context otherwise requires) a reference to the notification as thus altered.

2B

References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28C(9).

2C

For the purposes of this Part, in relation to land in England and Wales which is common land, “occupier” includes the commoners or any of them; and

a

“common land” means common land as defined in section 22 of the M41Commons Registration Act 1965; and

b

“commoner” means a person with rights of common as defined in that section.

3

References in this Part to the conservation of the natural beauty of any land shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features.

4

Section 114 of the 1949 Act shall apply for the construction of this Part.

5

F469. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Public Rights of Way

6

Orders under subsection (2) which make only such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (a) of subsection (3) shall take effect on their being made; and the provisions of Schedule 15 shall have effect as to the making, validity and date of coming into operation of other orders under subsection (2).

F48053A Power to include modifications in other orders.

1

This section applies to any order—

a

which is of a description prescribed by regulations made by the Secretary of State,

b

whose coming into operation would, as regards any definitive map and statement, be an event within section 53(3)(a),

c

which is made by the surveying authority, and

d

which does not affect land outside the authority’s area.

2

The authority may include in the order such provision as it would be required to make under section 53(2)(b) in consequence of the coming into operation of the other provisions of the order.

3

An authority which has included any provision in an order by virtue of subsection (2)—

a

may at any time before the order comes into operation, and

b

shall, if the order becomes subject to special parliamentary procedure,

withdraw the order and substitute for it an order otherwise identical but omitting any provision so included.

4

Anything done for the purposes of any enactment in relation to an order withdrawn under subsection (3) shall be treated for those purposes as done in relation to the substituted order.

5

No requirement for the confirmation of an order applies to provisions included in the order by virtue of subsection (2), but any power to modify an order includes power to make consequential modifications to any provision so included.

6

Provisions included in an order by virtue of subsection (2) shall take effect on the date specified under section 56(3A) as the relevant date.

7

Where any enactment provides for questioning the validity of an order on any grounds, the validity of any provision included by virtue of subsection (2) may be questioned in the same way on the grounds—

a

that it is not within the powers of this Part, or

b

that any requirement of this Part or of regulations made under it has not been complied with.

8

Subject to subsections (5) to (7), the Secretary of State may by regulations provide that any procedural requirement as to the making or coming into operation of an order to which this section applies shall not apply, or shall apply with modifications prescribed by the regulations, to so much of the order as contains provision included by virtue of subsection (2).

9

Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F48153B Register of applications under section 53.

1

Every surveying authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 53(5).

2

The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with.

3

Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications under section 53(5) as may be prescribed.

4

Regulations may make provision—

a

for a specified part of the register to contain copies of applications and of the maps submitted with them, and

b

for the entry relating to any application, and everything relating to it, to be removed from any part of the register when—

i

the application (including any appeal to the Secretary of State) has been finally disposed of, and

ii

if an order is made, a decision has been made to confirm or not to confirm the order,

(without prejudice to the inclusion of any different entry relating to it in another part of the register).

5

Every register kept under this section shall be available for inspection free of charge at all reasonable hours.

6

In this section—

“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State by statutory instrument;

and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

54 Duty to reclassify roads used as public paths.

F482. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where by virtue of regulations under subsection (3) there are different cut-off dates for areas into which different parts of any way extend, the cut-off date in relation to that way is the later or latest of those dates.

7

Where it appears to the Secretary of State that any provision of this Part can by virtue of subsection (1) have no further application he may by order make such amendments or repeals in this Part as appear to him to be, in consequence, necessary or expedient.

8

An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

before the making of the order, was shown in the map and statement under review as a road used as a public path,

shall be a highway maintainable at the public expense.

8

Subsection (7) does not oblige a highway authority to provide, on a way shown in a definitive map and statement as a byway open to all traffic, a metalled carriage-way or a carriage-way which is by any other means provided with a surface suitable for the passage of vehicles.

A document purporting to be certified on behalf of the surveying authority to be a copy of or of any part of a definitive map or statement as modified in accordance with the provisions of this Part shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.

F4934A

Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

F494. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57 Supplementary provisions as to definitive maps and statements.

1

An order under the foregoing provisions of this Part shall be in such form as may be prescribed by regulations made by the Secretary of State, and shall contain a map, F495on such scale as may be so prescribed, showing the modifications to which the order relates.

2

Regulations made by the Secretary of State may prescribe the scale on which maps are to be prepared under F496subsection (1) or any other provision of this Part, and the method of showing in definitive maps and statements anything which is required to be so shown.

3

Where, in the case of a definitive map and statement for any area which have been modified in accordance with the foregoing provisions of this Part, it appears to the surveying authority expedient to do so, they may prepare a copy of that map and statement as so modified; and where they do so, the map and statement so prepared, and not the map and statement so modified, shall be regarded for the purposes of the foregoing provisions of this Part F497, and for the purposes of section 57A(1), as the definitive map and statement for that area.

F4983A

Where as respects any definitive map and statement the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, the map and statement are to be regarded for the purposes of subsection (3) as having been modified in accordance with the foregoing provisions of this Part whether or not, as respects the map and statement, the requirements of section 54 have been complied with.

4

The statement prepared under subsection (3) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine.

5

As regards every definitive map and statement, the surveying authority shall keep—

a

a copy of the map and statement; and

b

copies of all orders under this Part modifying the map and statement,

available for inspection free of charge at all reasonable hours at one or more places in each district comprised in the area to which the map and statement relate and, so far as appears practicable to the surveying authority, a place in each parish so comprised; and the authority shall be deemed to comply with the requirement to keep such copies available for inspection in a district or parish if they keep available for inspection there a copy of so much of the map and statement and copies of so many of the orders as relate to the district or parish.

to keep such other documents as may be prescribed by the regulations available for inspection at such times and places and in such manner as may be so prescribed, or

b

to provide to any other surveying authority any document so prescribed which that authority is, by regulations under paragraph (a), required to keep available for inspection.

7

Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the provisions of this Part including, in particular, section 53(5) and subsection (5).

8

Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F50157A Consolidation of definitive maps and statements.

1

Where—

a

different definitive maps and statements relate to different parts of a surveying authority’s area,

b

as respects so much of each definitive map and statement as relates to that area the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, and

c

there is no part of that area to which no definitive map and statement relate,

the authority may, if it appears to them expedient to do so, prepare a map and statement comprising copies of so much of each definitive map and statement as relates to the authority’s area; and where they do so the map and statement so prepared and not, so far as copied, the earlier maps and statements shall be regarded for the purposes of sections 53 to 56 and 57(2) and (3) as the definitive map and statement for the area to which they relate.

2

The power conferred by subsection (1) is not exercisable by a surveying authority if the definitive map and statement relating to any part of the authority’s area is a map and statement in respect of which a review under section 33 of the 1949 Act was begun before the commencement date but has been neither abandoned in pursuance of a direction under section 55(1) nor completed.

3

References in subsection (1) to a definitive map and statement are, in the case of a map and statement modified in accordance with any of the foregoing provisions of this Part, references to the map and statement as modified.

4

The statement prepared under subsection (1) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine.

5

Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the preparation by them of any map and statement under subsection (1).

58 Application of ss. 53 to 57 to inner London.

1

Subject to subsection (2), the foregoing provisions of this Part shall not apply to any area to which this subsection applies; and this subsection applies to any area which, immediately before 1st April 1965, formed part of the administrative county of London.

2

A London borough council may by resolution adopt the said foregoing provisions as respects any part of their area specified in the resolution, being a part to which subsection (1) applies, and those provisions shall thereupon apply accordingly.

3

Where by virtue of a resolution under subsection (2), the said foregoing provisions apply to any area, those provisions shall have effect in relation thereto as if for references to the commencement date there were substituted references to the date on which the resolution comes into operation.

Miscellaneous and supplemental

C3159 Prohibition on keeping bulls on land crossed by public rights of way.

1

If, in a case not falling within subsection (2), the occupier of a field or enclosure crossed by a right of way to which this Part applies F503or a restricted byway permits a bull to be at large in the field or enclosure, he shall be liable on summary conviction to a fine not exceeding F504level 3 on the standard scale.

2

Subsection (1) shall not apply to any bull which—

a

does not exceed the age of ten months; or

b

is not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large.

3

Nothing in any byelaws, whenever made, shall make unlawful any act which is, or but for subsection (2) would be, made unlawful by subsection (1).

4

In this section “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.

5

The Secretary of State may by order add any breed to, or remove any breed from, subsection (4); and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F50560. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F506 X1161 Ploughing of public rights of way.

1

Section 134 of the M43Highways Act 1980 (ploughing of footpath or bridleway) shall have effect subject to the amendments provided for by subsections (2) to (9).

2

Subsection (3) (7 days’ notice of intention to plough) shall be omitted.

3

In subsection (4) (duty to resore surface of footpath or bridleway), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

a
not later than 2 weeks from the time when the occupier began to plough the footpath or bridleway, or
b
if prevented from doing so by exceptional weather conditions, as soon as practicable thereafter,

4

In subsection (5) (failure to comply with subsection (3) or (4)) the words “(3) or” shall be omitted, for paragraphs (a) and (b) there shall be substituted the words “to a fine not exceeding £200” and for the words “subsection (4)”, in the second place where they occur, there shall be substituted the words “that subsection”.

5

After that subsection there shall be inserted the following subsection—

5A
A person who ploughs any footpath, bridleway or other highway otherwise than in the exercise of a right to plough it shall be guilty of an offence and liable to a fine not exceeding £200.

6

In subsection (6) (enforcement of subsections (3) to (5)) for the words “subsections (3) to (5) above as respects any footpath or bridleway” there shall be substituted the words “subsections (4) to (5A) above as respects any footpath, bridleway or other highway”.

7

In subsection (7) (proceedings by parish or community councils) after the words “subsection (4)” there shall be inserted the words “or (5A)”.

8

In subsection (8) (power of competent authority to restore surface of footpath or bridleway) for the words “footpath or bridleway” there shall be substituted the words “footpath, bridleway or other highway”.

9

In subsection (10) (competent authorities for the purposes of subsections (8) and (9)) for the words “footpath or bridleway”, in both places where they occur, there shall be substituted the words “footpath, bridleway or other highway”.

10

In section 135(1) of the said Act of 1980 (temporary diversion of footpath or bridleway ploughed up under section 134) the words “6 or” and “6 weeks or” shall be omitted.

C32 C3362 Appointment of wardens for public rights of way.

A local authority may appoint such number of persons as appears to the authority to be necessary or expedient to act as wardens as respects a footpath, bridleway F507, restricted byway or byway open to all traffic which is both in the countryside and in the area of the authority, and the purpose for which the wardens may be so appointed is to advise and assist the public in connection with the use of the path or way.

63 Orders creating, extinguishing or diverting footpaths and bridleways.

The enactments mentioned in Schedule 16 (which relate to the making and confirmation of certain orders creating, extinguishing or diverting footpaths and bridleways) shall have effect subject to the amendments provided for in that Schedule.

X1264 Publication of dedication of footpaths and bridleways.

At the end of section 25 of the M44 Highways Act 1980 (creation of footpath or bridleway by agreement) there shall be inserted the following subsection—

6
As soon as may be after the dedication of a footpath or bridleway in accordance with a public path creation agreement, the local authority who are party to the agreement shall give notice of the dedication by publication in at least one local newspaper circulating in the area in which the land to which the agreement relates is situated.

X1365 Signposting of byways open to all traffic.

1

In section 27 of the 1968 Act (signposting of footpaths and bridleways) for the words “or bridleway”, wherever they occur, there shall be substituted the words “bridleway or byway” ; and for the words “and bridleways” in subsection (6) of that section there shall be substituted the words “bridleways and byways”.

2

After subsection (7) of that section there shall be inserted the following subsection—

8
In this section “byway” means a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used.

66 Interpretation of Part III.

1

In this Part—

“bridleway” means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway;
“byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used;
“definitive map and statement” has the meaning given by section 53(1);
“footpath” means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road;
“horse” includes a pony, ass and mule, and “horseback” shall be construed accordingly;
“public path” means a highway being either a footpath or a bridleway;
F508“restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;
“right of way to which this Part applies” means a right of way such that the land over which the right subsists is a public path or a byway open to all traffic;
F509 “surveying authority”, in relation to any area, means the county council, F510county borough council, metropolitan district council, or London borough council whose area includes that area.

2

A highway at the side of a river, canal or other inland navigation shall not be excluded from any definition contained in subsection (1) by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover.

3

The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part.

Part IV Miscellaneous and General

66AF527Application of Part 1 to Crown

1

Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown.

2

No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

3

Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons.

4

But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown.

5

Nothing in this Part affects Her Majesty in her private capacity.

6

Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

C3467F511Application of Parts 2 and 3 to Crown land

1

Subject to the following provisions of this section, Part II, except section 51, and Part III shall apply to Crown land, that is to say, land an interest in which belongs to Her Majesty in the right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for Her Majesty for the purposes of a Government department.

F5121A

An interest in Crown land, other than one held by or on behalf of the Crown, may be acquired under section 28N, but only with the consent of the appropriate authority.

1B

Byelaws made by virtue of section 28R may apply to Crown land if the appropriate authority consents.

2

No order shall be made under section F513. . . 34, 36 or 42 in relation to Crown land unless the appropriate authority has consented to the making of that order.

3

An agreement under section 39 as respects any interest in Crown land, other than an interest held by or on behalf of the Crown, shall not have effect unless approved by the appropriate authority.

4

Section 101(11) of the 1949 Act (Crown land) shall apply for the construction of references in this section to the appropriate authority.

68 Application to the Isles of Scilly.

The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide for the application of the provisions of Part II or III to the Isles of Scilly as if those Isles were a separate county; any any such order may provide for the application of those provisions to those Isles subject to such modifications as may be specified in the order.

69 Offences by bodies corporate etc.

1

Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

2

Where the affairs of a body corporate are managed by its members subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

b

section 28(5) (confirmation or withdrawal of notification of SSSI);

c

section 28A(3) (notice varying notification under section 28);

d

section 28A(5) (notice confirming or withdrawing variation of notification);

e

section 28B(2) (notification of additional land to be included in SSSI);

f

section 28B(7) (confirmation or withdrawal of notification);

g

section 28C(2) (notification of enlargement of SSSI);

h

section 28C(3) (confirmation or withdrawal of notification of enlargement);

i

section 28D(2) (denotification);

j

section 28D(5) (withdrawal or confirmation of denotification);

k

section 28J(3) (notice of proposed management scheme);

l

section 28J(8) (withdrawal or confirmation of management scheme).

3

The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.

4

For the purposes of sections 28 to 28Q, the time when the notice is to be treated as having been served is the time when the relevant conservation body took the last of the steps referred to in subsection (1)(a).

5

If the relevant conservation body becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.

6

Nothing in subsection (3) or (4) renders the owner or occupier liable—

a

in relation to anything done or omitted to be done before the commencement of this section, or

b

under section 28P(1) or 28Q(4) in relation to anything done or omitted to be done before the copy of the notice is served under subsection (5).

7

“The relevant conservation body” means—

a

in relation to land in an area in England—

i

subject to sub-paragraph (ii), Natural England;

ii

in relation to any time before the commencement of section 27AA, English Nature;

b

in relation to land in an area in Wales, the Countryside Council for Wales.

71 General interpretation.

F5181

In this Act—

“the M461949 Act” means the National Parks and Access to the Countryside Act 1949;
“the M471968 Act” means the Countryside Act 1968;
F519 “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
“the commencement date”, in relation to any provision of this Act and any area, means the date of the coming into force of that provision in that area;
“London borough council” includes the Common Council of the City of London;
“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;
F520.

F5212

For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae.

72 Minor amendments.

F5221

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X142

In section 20(2) of the M48 Hill Farming Act 1946 (penalty for contravening regulations with respect to the burning of heather and grass) as originally enacted for the words from “five pounds” onwards there shall be substituted the words “£200”.

X143

In sections 27 of that Act (penalty for contravening the provisions of that Act relating to muirburn) for the words from “five pounds” onwards there shall be substituted the words “£200”.

X144

In section 39 of the M49 Agriculture (Scotland) Act 1948 for the words “the First Schedule to the Protection of Birds Act 1954” there shall be substituted the words “Schedule I to the Wildlife and Countryside Act 1981”.

X145

In section 11(1) of the 1949 Act (general powers of local planning authorities in relation to National Parks) after the word “accomplishment” there shall be inserted the words “of any”.

X146

In section 74(4) of the M50 Public Health Act 1961 (power to reduce numbers of pigeons and other birds in built-up areas), for the words “the Protection of Birds Act 1954” there shall be substituted the words “Part I of the Wildlife and Countryside Act 1981”.

X147

In section 2(8) of the 1968 Act (publicity and information services) for the words from “encouraging” onwards there shall be substituted the words “informing persons resorting to the countryside of their rights and obligations”.

X148

In section 15(1) of that Act (areas of special scientific interest) the words “which is not for the time being managed as a nature reserve but” shall be omitted.

X149

In section 37 of that Act (protection for interests in the countryside) for the words “and the Act of 1949” there shall be substituted the words “the Act of 1949 and the Wildlife and Countryside Act 1981”.

F52310

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X1411

In section 31(10) of the M51 Highways Act 1980 (dedication of way as highway presumed after public use for 20 years), for the words from “subsection (4)” to “that section” there shall be substituted the words “section 56(1) of the Wildlife and Countryside Act 1981 (which provides that a definitive map and statement” and the words “or of that subsection” onwards shall be omitted.

12

Section 80 of that Act (power of highway authority to fence highways) shall have effect in relation to any area in the countryside of which walls of a particular construction are a feature, as if references to fences included references to walls of that construction ; and in exercising their powers under that section in relation to any such area, a highway authority shall have regard to the desirability of exercising the powers conferred by the foregoing provisions of this subsection.

X1413

In section 136(4) of that Act (time when hedges may not be required to be cut or pruned) immediately before the words “between the last day of September and the first day of April” there shall be inserted the word “except”.

X1414

In section 4(5) of the M52Zoo Licensing Act 1981 (grant or refusal of licence) the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975 shall be omitted and there shall be added at the end the following entry—

“Part I of the Wildlife and Countryside Act 1981”.

73 Repeals and savings.

X151

The enactments mentioned in Schedule 17 are hereby repealed to the extent specified in the third column of that Schedule.

2

Nothing in the repeals made by this section shall affect the operation of sections 27 to 32 of the 1949 Act in relation to any survey begun before the commencement date.

3

Nothing in the repeals made by this section shall affect the operation of sections 33 and 34 of the 1949 Act and Parts II, III, and IV of Schedule 3 to the 1968 Act in relation to any review begun before the commencement date.

F5244

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74 Short title commencement and extent.

1

This Act may be cited as the Wildlife and Countryside Act 1981.

2

The following provisions of this Act, namely—

Part II, except sections 29 to 32, 41 and 46 to 48 and Schedule 13;
sections 59 to 62 and 65 and 66; and
Part IV, except section 72(4), (6) and (14) and section 73(1) so far as relating to Part II of Schedule 17,

shall come into force on the expiration of the period of one month beginning with the passing of this Act.

C363

The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed under this subsection for different provisions, different purposes or different areas.

4

An order under subsection (3) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force.

5

The following provisions of this Act, namely—

sections 39, 40 and 42 to 49 and Schedule 13; and Part III, do not extend to Scotland.

F5255A

~~F526Sections 29 and 30 extend to Scotland only.~~

6

This Act, except section 15(1) and Schedule 10 and, so far as regards any enactment mentioned in Schedule 17 that so extends, section 73 and that Schedule, does not extend to Northern Ireland.