http://www.legislation.gov.uk/ukpga/1981/69/bodyWildlife and Countryside Act 1981An 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.1982-03-01texttext/xmlenStatute Law Database2026-03-11Expert Participation2026-03-11 Part I Wildlife Protection of birds <Addition ChangeId="key-7a7df5425eb7895ff1d1f075425dc07e-1474979256240" CommentaryRef="key-7a7df5425eb7895ff1d1f075425dc07e" Extent="S">and prevention of poaching</Addition> Protection of wild birds, their nests and eggs.11Subject to the provisions of this Part, if any person intentionally—akills, injures or takes any wild bird;aatakes, damages or destroys the nest of a wild bird included in Schedule ZA1;btakes, damages or destroys the nest of any wild bird while that nest is in use or being built; orctakes or destroys an egg of any wild bird,he shall be guilty of an offence.2Subject to the provisions of this Part, if any person has in his possession or control—aany live or dead wild bird or any part of, or anything derived from, such a bird; orban egg of a wild bird or any part of such an egg,he shall be guilty of an offence.3A person shall not be guilty of an offence under subsection (2) if he shows that—athe bird or egg had not been killed or taken, or had been lawfully killed or taken . . . ; orbthe bird, egg or other thing in his possession or control had been lawfully sold (whether to him or any other person) . . . ;. . . 3ZAA person shall not be guilty of an offence under subsection (2)(b) if the person shows that the egg, or the part of the egg, was in any person’s possession or control before 28th September 1982.3A In subsection (3) “lawfully” means without any contravention of— athis Part and orders made under it,b the Protection of Birds Acts 1954 to 1967 and orders made under those Acts, c any other legislation which implements the 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 , or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 , and dthe provisions of the law of any member State (other than the United Kingdom) implementing the Wild Birds Directive.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Subject to the provisions of this Part, if any person intentionally or recklessly—adisturbs 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; orbdisturbs dependent young of such a bird,he shall be guilty of an offence. . . .6For the purposes of this section the definition of “wild bird” in section 27(1) is to be read as not including any bird which is shown to have been bred in captivity unless it has been lawfully released into the wild as part of a re-population or re-introduction programme.6A “ Re-population ” and “ re-introduction ” have the same meaning as in the Wild Birds Directive . 7Any reference in this Part to any bird included in Schedule 1 is a reference to any bird included in Part I and, during the close season for the bird in question, any bird included in Part II of that Schedule. Exceptions to s. 1.21Subject to the provisions of this section, a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.2Subject to the provisions of this section, an authorised person shall not be guilty of an offence under section 1 by reason of—athe 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;bthe taking, damaging or destruction of a nest of such a bird; orcthe taking or destruction of an egg of such a bird.3Subsections (1) and (2) shall not apply in Scotland on Sundays or on Christmas Day; and subsection (1) shall not apply on Sundays in any area of England and Wales which the Secretary of State may by order prescribe for the purposes of that subsection.4In this section and section 1 “close season” means—ain the case of capercaillie and (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September;bin the case of snipe, the period in any year commencing with 1st February and ending with 11th August;cin the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August;din any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August.5The Secretary of State may by order made with respect to the whole or any specified part of Great Britain vary the close season for any wild bird specified in the order.6If it appears to the Secretary of State expedient that any wild birds included in Part II of Schedule 1 or Part I of Schedule 2 should be protected during any period outside the close season for those birds, he may by order made with respect to the whole or any specified part of Great Britain declare any period (which shall not in the case of any order exceed fourteen days) as a period of special protection for those birds; and this section and section 1 shall have effect as if any period of special protection declared under this subsection for any birds formed part of the close season for those birds.7Before making an order under subsection (6) the Secretary of State shall consult a person appearing to him to be a representative of persons interested in the shooting of birds of the kind proposed to be protected by the order. Areas of special protection.31The 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—athat 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—ikills, injures or takes any wild bird or any wild bird so specified;iitakes, damages or destroys the nest of such a bird while that nest is in use or being built;iiitakes or destroys an egg of such a bird;ivdisturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; orvdisturbs dependent young of such a bird,shall be guilty of an offence under this section;bthat 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;cthat 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, the offence shall be treated as falling within section 7(3A).2An authorised person shall not by virtue of any such order be guilty of an offence by reason of—athe 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;bthe taking, damaging or destruction of the nest of such a bird;cthe taking or destruction of an egg of such a bird; ordthe disturbance of such a bird or dependent young of such a bird.3The 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.4Before 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 locality in which that area is situated.5The Secretary of State shall not make an order under this section unless—aall the owners and occupiers aforesaid have consented thereto;bno 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; orcany such objections so made have been withdrawn. Exceptions to ss. 1 and 3.41Nothing in section 1 or in any order made under section 3 shall make unlawful—aanything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the Agriculture Act 1947, or by the Secretary of State under section 39 of the Agriculture (Scotland) Act 1948;banything done under, or in pursuance of an order made under, section 21 or 22 of the Animal Health Act 1981; orcexcept in the case of a wild bird included in Schedule ZA1 or 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.2Notwithstanding anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of—athe taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;bthe killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; orcany act made unlawful by those provisions if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.3Notwithstanding anything in the provisions of section 1 or any order made under section 3, an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of—apreserving public health or public or air safety;bpreventing the spread of disease; orcpreventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, , fisheries or inland waters.4An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection (3)(c) unless he shows that as regards that purpose, there was no other satisfactory solution.5An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time for any purpose mentioned in that paragraph if it had become apparent, before that time, that that action would prove necessary for that purpose and either—aa 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; orban application by him for such a licence had been determined.6An 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. Prohibition of certain methods of killing or taking wild birds.51Subject to the provisions of this Part, if any person—asets 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;buses 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;cuses for the purpose of killing or taking any wild bird—iany bow or crossbow;iiany explosive other than ammunition for a firearm;iiiany automatic or semi-automatic weapon;ivany shot-gun of which the barrel has an internal diameter at the muzzle of more than one and three-quarter inches;vany device for illuminating a target or any sighting device for night shooting;viany form of artificial lighting or any mirror or other dazzling device;viiany gas or smoke not falling within paragraphs (a) and (b); orviiiany chemical wetting agent;duses 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; . . .euses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, ; orfknowingly 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 offence. . . .2Subject 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.3The 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.4In 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. 4AIn 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.5Nothing in subsection (1) shall make unlawful—athe 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;bthe 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 Protection of Birds Act 1954; orcthe 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. Sale <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation> of live or dead wild birds, eggs etc.61Subject to the provisions of this Part, if any person—asells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live wild bird other than a bird included in Part I of Schedule 3, or an egg of a wild bird or any part of such an egg; orbpublishes 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.2Subject to the provisions of this Part, if any person. . . —asells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any dead wild bird other than a bird included in Part II or III of Schedule 3, or any part of, or anything derived from, such a wild bird; orbpublishes 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.3Subject to the provisions of this Part, if any person shows or causes or permits to be shown for the purposes of any competition or in any premises in which a competition is being held—aany live wild bird other than a bird included in Part I of Schedule 3; orbany live bird one of whose parents was such a wild bird,he shall be guilty of an offence.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Any reference in this section to any bird included in Part 1 of Schedule 3 is a reference to any bird included in that Part which—awas bred in captivity,bhas been ringed or marked in accordance with regulations made by the Secretary of State, andchas 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 the Wild Birds Directive. 5BRegulations made for the purposes of subsection (5)(b) may make different provision for different birds or different provisions of this section.6Any 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration etc. of certain captive birds.71If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence . . ..2The power of the Secretary of State to make regulations under subsection (1) shall include power—ato 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; andbto make different provision for different birds or different descriptions of birds. 2AThe 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).3If any person keeps or has in his possession or under his control any bird included in Schedule 4—awithin five years of his having been convicted of an offence under this Part which falls within subsection (3A); orbwithin 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.3AThe offences falling within this subsection are—aany offence under section 1(1) or (2) in respect of—ia bird included in Schedule ZA1 or 1 or any part of, or anything derived from, such a bird,iithe nest of such a bird, oriiian egg of such a bird or any part of such an egg;bany offence under section 1(5) or 5;cany offence under section 6 in respect of—ia bird included in Schedule ZA1 or 1 or any part of, or anything derived from, such a bird, oriian egg of such a bird or any part of such an egg;caany offence under subsection (1);dany offence under section 8.4If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person—awithin five years of that person’s having been convicted of such an offence as is mentioned in paragraph (a) of subsection (3); orbwithin 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.5No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the Rehabilitation of Offenders Act 1974.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of captive birds.81If any person keeps or confines any bird whatever in any cage or other receptacle which is not sufficient in height, length or breadth to permit the bird to stretch its wings freely, he shall be guilty of an offence. . . .2Subsection (1) does not apply to poultry, or to the keeping or confining of any bird—awhile that bird is in the course of conveyance, by whatever means;bwhile that bird is being shown for the purposes of any public exhibition or competition if the time during which the bird is kept or confined for those purposes does not in the aggregate exceed 72 hours; orcwhile that bird is undergoing examination or treatment by a veterinary surgeon or veterinary practitioner.3Every person who—apromotes, 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; orbbeing 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 offence. . . . Protection of other animals <Addition ChangeId="key-eebfc5c21d4ae59c696c25661032fc83-1474979464987" CommentaryRef="key-eebfc5c21d4ae59c696c25661032fc83" Extent="S">and prevention of poaching</Addition> Protection of certain wild animals.91Subject 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.2Subject 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.3A person shall not be guilty of an offence under subsection (2) if he shows that—athe animal had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; orbthe 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 provisionsand in this subsection "the relevant provisions" means the provisions of this Part and of the Conservation of Wild Creatures and Wild Plants Act 19754Subject to the provisions of this Part, a person is guilty of an offence if intentionally or recklessly—ahe damages or destroys any structure or place which any wild animal specified in Schedule 5 uses for shelter or protection;bhe disturbs any such animal while it is occupying a structure or place which it uses for shelter or protection; orche obstructs access to any structure or place which any such animal uses for shelter or protection.4ASubject to the provisions of this Part, if any person intentionally or recklessly disturbs any wild animal included in Schedule 5 as—aa dolphin or whale (cetacea), orba basking shark (cetorhinus maximus),he shall be guilty of an offence.5Subject to the provisions of this Part, if any person—asells, 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; orbpublishes 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.6In 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. Exceptions to s. 9.101Nothing in section 9 shall make unlawful—aanything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the Agriculture Act 1947, or by the Secretary of State under section 39 of the Agriculture (Scotland) Act 1948; ...banything done under, or in pursuance of an order made under, the Animal Health Act 1981. orcanything done in relation to an animal of any species pursuant to a licence granted by Natural England under regulation 55 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) in respect of an animal or animals of that species2Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house.3Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—athe taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;bthe 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; orcany act made unlawful by that section if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.4Notwithstanding anything in section 9, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5 if he shows that his action was necessary 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.5A 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 conservation bodyfor 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.6An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either—aa licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; orban application for such a licence had been determined.<Addition ChangeId="key-1cd147c44c5ce66fc224a08af194a631-1474980467795" CommentaryRef="key-1cd147c44c5ce66fc224a08af194a631" Extent="S">Protection of wild hares </Addition><Addition ChangeId="key-1cd147c44c5ce66fc224a08af194a631-1474980467795" CommentaryRef="key-1cd147c44c5ce66fc224a08af194a631" Extent="S">etc.</Addition>10A1Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 5A in the close season for the animal is guilty of an offence.2In this section, “close season” means—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bin the case of a brown hare, the period in any year beginning with 1st February and ending with 30th September.3The Scottish Ministers may by order vary the close season for any wild animal included in Schedule 5A which is specified in the order.4If it appears to the Scottish Ministers expedient that any wild animals included in Schedule 5A should be protected during any period outside the close season for those animals, they may by order declare any period not exceeding 14 days as a period of special protection for those animals.5Before making an order under subsection (4), the Scottish Ministers must consult such persons appearing to them to be representative of persons interested in the killing or taking of animals of the kind proposed to be protected by the order as they consider appropriate.6Where an order is made under subsection (4), this section has effect as if any period of special protection declared by the order forms part of the close season for those animals.7An order under subsection (3) or (4) may be made as respects the whole of Scotland or any part of Scotland specified in the order.8In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.<Addition ChangeId="key-1cd147c44c5ce66fc224a08af194a631-1474980467795" CommentaryRef="key-1cd147c44c5ce66fc224a08af194a631" Extent="S">Exceptions to s. 10A</Addition>10B1A person is not guilty of an offence under section 10A(1) by reason of the killing of an animal included in Schedule 5A 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.2A person is not guilty of an offence under section 10A(1) by reason of taking any such animal if he shows that—ahe had a legal right to take such an animal or permission, from a person who had a right to give permission, to take such an animal; andbthe animal—ihad been disabled otherwise than by his unlawful act; andiiwas taken solely for the purpose of tending it and releasing it when no longer disabled.3An authorised person is not guilty of an offence under section 10A(1) by reason of the killing or injuring of an animal included in Schedule 5A if he shows that his action was necessary 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.4An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action if––ait had become apparent, before the action was taken, that it would prove necessary for the purpose mentioned in that subsection; andbeither—ia licence under section 16 authorising the action had not been applied for as soon as reasonably practicable after that fact had become apparent; oriian application for such a licence had been determined.5An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action unless he notified the appropriate authority as soon as reasonably practicable after the action was taken that he had taken it.6In subsection (5), “the appropriate authority” has the same meaning as in section 16(9).7Nothing in section 10A makes unlawful—aanything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; orbanything done under, or in pursuance of an order made under, the Animal Health Act 1981. Prohibition of certain methods of killing or taking wild animals.111Subject to the provisions of this Part, if any person—asets in position otherwise than in Wales 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;buses otherwise than in Wales 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; . . .basets in position in Wales any snare, or other cable restraint, which is of such a nature and so placed as to be likely to cause bodily injury to any wild animal coming into contact with it;bbuses in Wales for the purpose of killing or taking any wild animal any snare, or other cable restraint, whether or not of such a nature or so placed as aforesaid;bcsets in position in Wales any glue trap which is of such a nature and so placed as to be likely to catch any animal coming into contact with it;bduses in Wales for the purpose of killing or taking any animal any glue trap, whether or not of such a nature or so placed as aforesaid;beuses in Wales for the purpose of killing or taking any wild animal any bow or cross-bow or any explosive other than ammunition for a firearm;cuses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, ; ordknowingly 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.2Subject to the provisions of this Part, a person shall be guilty of an offence if that person—auses , otherwise than in Wales, any trap or snare , or in Wales, any trap other than a glue trap, for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;bsets in position , otherwise than in Wales, any trap or snare , or in Wales, any trap other than a glue trap, of such a nature and so placed as to be—iin England ..., calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;iiin Scotland or Wales, likely to cause bodily injury to any such wild animal;csets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—iin England ..., calculated to cause bodily injury to any wild animal included in Schedule 6;iiin Scotland or Wales, likely to cause bodily injury to any such wild animal;duses for the purpose of killing or taking any wild animal included in Schedule 6—iany electrical device for killing or stunning;iiany poisonous, poisoned or stupefying substance;iiiany net;ivany automatic or semi-automatic weapon;vany device for illuminating a target or sighting device for night shooting;viany form of artificial light or any mirror or other dazzling device;viiany gas or smoke not falling within sub-paragraph (ii);viiiany sound recording used as a decoy; orixany mechanically propelled vehicle in immediate pursuit of any such animal;euses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; orfknowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).3Subject to the provisions of this Part, if any person—asets in position or knowingly causes or permits to be set in position , otherwise than in Wales, any 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; andbwhile the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day,he shall be guilty of an offence.4The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.5In any proceedings for an offence under subsection (1)(b) (ba), (bb) or (c) or (2)(a), (d) or (e), and 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.6In any proceedings for an offence under subsection (2)(b) or (c) it shall be a defence to show that the article was set in position by the accused 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 any wild animals included in the relevant Schedule.7In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in subsection (2)(b) or (c) 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 any wild animals included in the relevant Schedule.7ZAFor the purposes of paragraphs (bc) and (bd) of subsection (1), “animal means a vertebrate (other than a human).7AIn subsections (6) and (7), “the relevant Schedule” means—awhere proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;bwhere proceedings relate to an offence under subsection (2)(c), Schedule 6.Snares: training, identification numbers, tags etc.11A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Snares: duty to inspect etc.11B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Snares: authorisation from landowners etc.11C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Snares: presumption arising from identification number11D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Snares: record keeping11E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Snaring: review and report to the Scottish Parliament11F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="key-d853b776385082f59dfe598df3217791-1474980663997" CommentaryRef="key-d853b776385082f59dfe598df3217791" Extent="S">Prevention of poaching: wild hares, rabbits </Addition><Addition ChangeId="key-d853b776385082f59dfe598df3217791-1474980663997" CommentaryRef="key-d853b776385082f59dfe598df3217791" Extent="S">etc.</Addition>11G1Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 6A is guilty of an offence.2In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.<Addition ChangeId="key-d853b776385082f59dfe598df3217791-1474980663997" CommentaryRef="key-d853b776385082f59dfe598df3217791" Extent="S">Exceptions to s. 11G</Addition>11H1A person is not guilty of an offence under section 11G(1)—aby reason of the killing of an animal included in Schedule 6A if he had a legal right, or permission from a person who had a right to give permission, to kill such an animal; orbby reason of the taking of such an animal if he had a legal right, or permission from a person who had a right to give permission, to take such an animal.2A person is not guilty of an offence under section 11G(1) by reason of the killing of an animal included in Schedule 6A 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.3Nothing in section 11G makes unlawful—aanything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; orbanything done under, or in pursuance of an order made under, the Animal Health Act 1981.<Addition ChangeId="key-7324319134c4464a30af465c254cc1d1-1491901405606" CommentaryRef="key-7324319134c4464a30af465c254cc1d1">Sale, possession </Addition><Addition ChangeId="key-7324319134c4464a30af465c254cc1d1-1491901405606" CommentaryRef="key-7324319134c4464a30af465c254cc1d1">etc.</Addition><Addition ChangeId="key-7324319134c4464a30af465c254cc1d1-1491901405606" CommentaryRef="key-7324319134c4464a30af465c254cc1d1"> of wild hares, rabbits </Addition><Addition ChangeId="key-7324319134c4464a30af465c254cc1d1-1491901405606" CommentaryRef="key-7324319134c4464a30af465c254cc1d1">etc.</Addition><Addition ChangeId="key-7324319134c4464a30af465c254cc1d1-1491901405606" CommentaryRef="key-7324319134c4464a30af465c254cc1d1"> killed or taken unlawfully</Addition>11I1Any person who does any of the following is guilty of an offence—ahas in his possession or control any live or dead wild animal which has been killed or taken in contravention of section 10A or 11G, or any part of or anything derived from such an animal;bsells, offers or exposes for sale, or has in his possession or transports for the purposes of sale any such animal or any part of or anything derived from such an animal; orcpublishes 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.2A person is not guilty of an offence under subsection (1) in relation to an activity mentioned in that subsection if he shows that he carried out the activity concerned with reasonable excuse.3In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.<Addition ChangeId="key-fe43cd2ccc31707f28956bfb062805a7-1491901786719" CommentaryRef="key-fe43cd2ccc31707f28956bfb062805a7">Relaxation of restriction on night shooting of hares and rabbits</Addition>12YASchedule 7, which amends certain Acts prohibiting night shooting of hares and rabbits by occupiers of land etc., has effect. Protection of certain mammals.12Schedule 7, which amends the law relating to the protection of certain mammals, shall have effect. Protection of plants Protection of wild plants.131Subject to the provisions of this Part, if any person—aintentionally picks, uproots or destroys any wild plant included in Schedule 8; orbnot being an authorised person, intentionally uproots any wild plant not included in that Schedule,he shall be guilty of an offence.2Subject to the provisions of this Part, if any person—asells, 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; orbpublishes 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.3Notwithstanding 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.4In 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. Miscellaneous Introduction of new species etc.141Subject to the provisions of this Part, if any person releases or allows to escape into the wild any animal which—ais of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; orbis included in Part I, IA or IB of Schedule 9,he shall be guilty of an offence.2Subject 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.3Subject to subsection (4), it shall be a defence to a charge of committing an offence under subsection (1) or (2) to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.4Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession.4ZASubsection (1)(a) does not apply to species included on the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council, as amended from time to time.4ASchedule 9A contains provision about species control agreements and orders and related matters.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p1742" CommentaryRef="c19473661">Sale </Addition><Addition ChangeId="d29p1742" CommentaryRef="c19473661">etc.</Addition><Addition ChangeId="d29p1742" CommentaryRef="c19473661"> of </Addition><Addition ChangeId="d29p1742" CommentaryRef="c19473661"><Substitution ChangeId="key-ea9e1e96a7b3e0ae1db5b20ce7a3a59d-1495627780744" CommentaryRef="key-ea9e1e96a7b3e0ae1db5b20ce7a3a59d">certain animals and plants included in Schedule 9</Substitution></Addition> 14ZA1Subject to the provisions of this Part, a person is guilty of an offence if he sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale—aan animal or plant to which this section applies, orbanything from which such an animal or plant can be reproduced or propagated.2Subject to the provisions of this Part, a person is guilty of an offence if he 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—aan animal or plant to which this section applies, orbanything from which such an animal or plant can be reproduced or propagated.3This section applies to an animal or plant which—ais within section 14(1) or (2) (animals and plants which must not be released etc. into the wild),bis of a description prescribed for the purposes of this section by an order made by the Secretary of State, andcis a live animal or live plant.4An order under subsection (3) may be made in relation to a particular area or a particular time of the year.5Subsections (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.<Addition ChangeId="d29p1825" CommentaryRef="c19473681">Codes of practice in connection with </Addition><Addition ChangeId="d29p1825" CommentaryRef="c19473681"><Substitution ChangeId="key-d31eb7ecabee0787fac67325e53b4d76-1495645024947" CommentaryRef="key-d31eb7ecabee0787fac67325e53b4d76">species which are non-native or included in Schedule 9</Substitution></Addition> 14ZB1The Secretary of State may issue or approve a code of practice relating to—aanimals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state,banimals or plants included in Schedule 9, orcany description of animals or plants mentioned in paragraph (a) or (b).2The Secretary of State may revise or replace a code or approve its revision or replacement.3The 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.4A person's failure to comply with a provision of a code does not make him liable to criminal or civil proceedings.5A code—ais admissible in evidence in any proceedings, andbmust be taken into account by a court in any case in which it appears to the court to be relevant.<Addition ChangeId="key-4a435c8f34cb5868d77ba3829ac4c71b-1492524714854" CommentaryRef="key-4a435c8f34cb5868d77ba3829ac4c71b">Prohibition on keeping </Addition><Addition ChangeId="key-4a435c8f34cb5868d77ba3829ac4c71b-1492524714854" CommentaryRef="key-4a435c8f34cb5868d77ba3829ac4c71b">etc.</Addition><Addition ChangeId="key-4a435c8f34cb5868d77ba3829ac4c71b-1492524714854" CommentaryRef="key-4a435c8f34cb5868d77ba3829ac4c71b"> of invasive animals or plants</Addition>14ZC1Subject to the provisions of this Part, any person who keeps, has in the person's possession, or has under the person's control—aany invasive animal of a type which the Scottish Ministers, by order, specify; orbany invasive plant of a type so specified,is guilty of an offence.2An order under subsection (1) may make different provision for different cases and, in particular, for—adifferent types of invasive animal or invasive plant;bdifferent circumstances or purposes;cdifferent persons;ddifferent times of the year; andedifferent areas or places.3Subject to subsection (4), it is a defence to a charge of committing an offence under subsection (1) to show that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.4Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged must not, without leave of the court, be entitled to rely on the defence unless, within a period ending 7 days before the hearing, the person has served on the prosecutor a notice giving such information or assisting in the identification of the other person as was then in the person's possession.5The Scottish Ministers may, in an order under subsection (1), make provision for or in connection with the compensation of persons who, at the time of the coming into force of the order, may no longer keep, have in their possession or have under their control, an animal or plant.<Addition ChangeId="d29p1897" CommentaryRef="c19417811">Prohibition on sale </Addition><Addition ChangeId="d29p1897" CommentaryRef="c19417811">etc.</Addition><Addition ChangeId="d29p1897" CommentaryRef="c19417811"> of </Addition><Addition ChangeId="d29p1897" CommentaryRef="c19417811"><Substitution ChangeId="key-969e2c34c621f4368094b9fab98fff74-1492604209425" CommentaryRef="key-969e2c34c621f4368094b9fab98fff74">invasive</Substitution></Addition><Addition ChangeId="d29p1897" CommentaryRef="c19417811"> animals or plants</Addition>14A1This section applies to—aany type of invasive animal; orbany type of invasive plant,the Scottish Ministers, by order, specify.2Subject to the provisions of this Part, any person who—asells, offers or exposes for sale or has in the person’s possession or transports for the purpose of sale any animal or plant to which this section applies; orbpublishes or causes to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell, any such animal or plant,is guilty of an offence.3An order under subsection (1) may make different provision for different cases and, in particular, for—adifferent types of invasive animal or invasive plant;bdifferent circumstances or purposes;cdifferent persons;ddifferent times of the year; andedifferent areas or places.<Addition ChangeId="key-7a4781f97f1d8c3b3e78fbec23881668-1578495505786" CommentaryRef="key-7a4781f97f1d8c3b3e78fbec23881668">Contravention of Invasive Alien Species Regulation</Addition>14AA1A person commits an offence under this section if—athe person contravenes a paragraph of Article 7(1) of the Invasive Alien Species Regulation mentioned in subsection (2) in relation to an invasive alien species, andbthe activity which constitutes that contravention does not constitute an offence under section 14, 14ZC or 14A.2The paragraphs referred to in subsection (1)(a) are—aparagraph (b) (keeping, including in contained holding),bparagraph (c) (breeding, including in contained holding),cparagraph (d) (transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication),dparagraph (e) (placing on the market),eparagraph (f) (using or exchanging),fparagraph (g) (permitting to reproduce, growing or cultivating, including in contained holding),gparagraph (h) (releasing into the environment).3Subject to subsection (4), it is a defence to a charge of committing an offence under this section to show that the person took all reasonable steps and exercised all due diligence to avoid committing the offence.4Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged must not, without leave of the court, be entitled to rely on the defence unless, within the period of 7 days before the hearing, the person has served on the prosecutor a notice giving such information or assisting in the identification of the other person as was then in the person’s possession.5Schedule 9B contains provision about defences to a charge of committing an offence under—athis section, orbsection 14ZC or 14A, where the activity to which the charge relates contravenes Article 7(1) of the Invasive Alien Species Regulation.6In this section and section 14AB—“Invasive Alien Species Regulation” means Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species,“invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Scottish list of species of special concern. “the Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.14ABContravention of emergency measures1Section (2) applies where regulations made under Article 10 of the Invasive Alien Species Regulation (emergency measures) provide that a restriction set out in one of the following paragraphs of Article 7(1) of that Regulation applies to a species specified in those regulations as it applies to an invasive alien species—aparagraph (b) (keeping, including in contained holding),bparagraph (c) (breeding, including in contained holding),cparagraph (d) (transporting to, from or within Scotland, except for the transportation of species to facilities in the context of eradication),dparagraph (e) (placing on the market),eparagraph (f) (using or exchanging),fparagraph (g) (permitting to reproduce, growing or cultivating, including in contained holding),gparagraph (h) (releasing into the environment).2A person commits an offence under this section if—athe person contravenes a paragraph of Article 7(1) of the Invasive Alien Species Regulation in relation to a species specified in regulations made under Article 10 of the Invasive Alien Species Regulation (emergency measures), andbthe activity which constitutes that contravention does not constitute an offence under section 14, 14ZC or 14A.3Subsections (3) to (5) of section 14AA apply in relation to any contravention of the restriction in relation to a species mentioned in subsection (2)(a) as they apply in relation to a contravention of the corresponding restriction in relation to an invasive alien species.<Substitution ChangeId="key-3d7665c5432c5263109723e5db3cfc49-1492525599340" CommentaryRef="key-3d7665c5432c5263109723e5db3cfc49">Notification of presence of invasive animals or plants </Substitution><Substitution ChangeId="key-3d7665c5432c5263109723e5db3cfc49-1492525599340" CommentaryRef="key-3d7665c5432c5263109723e5db3cfc49">etc.</Substitution>14B1The Scottish Ministers may, by order, make provision about the notification of the presence of—ainvasive animals; orbinvasive plants,at any specified place outwith their native range where persons are, or become, aware of the presence of such animals or plants.2An order under subsection (1) may make provision for, or in connection with—athe persons (or types of persons) who must make a notification;bthe circumstances in which a notification must be made;cthe times of the year when a notification must be made;dthe persons to whom a notification must be made;ethe form and method of any notification; andfthe period within which any notification must be made.3An order under subsection (1) may require a person (or type of person) to make a notification only if the Scottish Ministers consider that the person (or that type of person) has or should have knowledge of, or is likely to encounter, the invasive animal or invasive plant to which the order relates.4An order under subsection (1) may make different provision for different cases and, in particular, for—adifferent types of invasive animal or invasive plant;bdifferent circumstances or purposes;cdifferent persons;ddifferent times of the year; andedifferent areas or places.5A person who, without reasonable excuse, fails to make a notification in accordance with the requirements of an order made under subsection (1) is guilty of an offence.<Addition ChangeId="key-29a5fa590a3196af11be21bb23ca9d4e-1488797914178" CommentaryRef="key-29a5fa590a3196af11be21bb23ca9d4e" Extent="S">Non-native species </Addition><Addition ChangeId="key-29a5fa590a3196af11be21bb23ca9d4e-1488797914178" CommentaryRef="key-29a5fa590a3196af11be21bb23ca9d4e" Extent="S">etc.</Addition><Addition ChangeId="key-29a5fa590a3196af11be21bb23ca9d4e-1488797914178" CommentaryRef="key-29a5fa590a3196af11be21bb23ca9d4e" Extent="S">: code of practice</Addition>14C1The Scottish Ministers may make a code of practice for the purpose of providing practical guidance in respect of—athe application of any of sections 14, 14ZC, 14A , 14AA and 14B;bthe application of any order made under any of those sections;cspecies control agreements;dspecies control orders;elicences granted under section 16(4)(c).2A code of practice may, in particular, provide guidance on—ahow Scottish Natural Heritage, the Scottish Environment Protection Agency ... and the Scottish Ministers should co-ordinate the way in which they exercise their respective functions in relation to animals or plants which are outwith their native range;bwhich species, sub-species, varieties or races of animal or plant, or hybrids of animals or plants, are considered to be particular types of animals or plants for the purposes of—ithis section;iabest practice for—ikeeping invasive alien species in contained holding,iimeasures to ensure such species cannot reproduce or escape,ibthe circumstances in which an animal which belongs to an invasive alien species is considered to be a companion animal,iisection 14, 14ZC, 14A or 14B;iiiany order made under any of those sections;ivspecies control agreements;vspecies control orders;vithe code;bawhich species, sub-species or lower taxons of animal, plant, fungus or micro-organism are considered to be invasive alien species,cthe native range of any type of animal or plant;dthe circumstances in which any type of animal is considered to be—iin captivity; oriiunder the control or otherwise of a person at a place outwith its native range;ethe circumstances in which a type of plant is considered to be growing in the wild outwith its native range, and conduct that would cause any type of plant to grow in the wild;fthe circumstances in which a type of invasive animal or plant is considered to be kept in a person's possession or under a person's control;gwhich types of animals or plants are invasive and the circumstances (if any) in which any such type of animal or plant is not considered to be invasive;hbest practice (where permitted) for—ikeeping animals of any type which are invasive or which are kept at a place from which they may not be put outwith the control of any person;iikeeping plants of any type which are invasive or which are kept at a place outwith their native range;iiireleasing animals of any type from captivity; andivplanting, or otherwise causing to grow, any type of plant in the wild;ibest practice for—icontaining, capturing or killing animals of any type which are outwith the control of any person and which are—Aat a place outwith their native range; orBanimals of a type specified in an order made under section 14(1)(a)(ii);iicontaining, uprooting or destroying plants of any type which are growing in the wild outwith their native range; andiiitransferring animals or plants of any type which are not permitted to be kept by virtue of section 14ZC into the custody of Scottish Natural Heritage or any other person (and for keeping such animals or plants prior to the transfer);jthe making and content of species control agreements;kthe making, content of and enforcement of species control orders.3The Scottish Ministers may revoke, replace or revise a code of practice.4The first code of practice, and any replacement code of practice, made under this section—arequires to be laid before, and approved by resolution of, the Scottish Parliament; andbcomes into effect on such date after approval under paragraph (a) as is specified in the code.5Any revision to a code of practice (or revocation of a code of practice which is not being replaced) must—abe laid before the Scottish Parliament; andbspecify the date on which it is to come into effect (such date to be at least 40 days after it is so laid, disregarding any period during which the Parliament is dissolved or in recess).6The Scottish Parliament may, before any such revision or revocation comes into effect, resolve that it is not to come into effect.7The Scottish Ministers must publish a code of practice (or any replacement or revision) made under this section no later than the day before the code (or replacement or revision) is to come into effect.8Before making, revoking, replacing or revising a code of practice, the Scottish Ministers must consult—aScottish Natural Heritage; andbany other person appearing to them to have an interest in the code.9A person's failure to comply with a provision of a code of practice—adoes not of itself render the person liable to proceedings of any sort; butbmay be taken into account in determining any question in any such proceedings.10In any proceedings for an offence under section 14, 14ZC, 14A, 14AA, 14B or 14K—afailure to comply with a relevant provision of a code of practice may be relied upon as tending to establish liability;bcompliance with a relevant provision of a code of practice may be relied upon as tending to negative liability.11In subsection (2)—“contained holding” means closed facilities from which escape or spread is not possible,“invasive alien species” has the same meaning as in section 14AA.<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Power to make species control orders</Addition>14D1A relevant body may make an order (a “species control order”) in respect of premises where—ait is satisfied of the presence on the premises of—ian invasive animal at a place outwith its native range; oriian invasive plant at a place outwith its native range; andbany of subsections (2) to (4) applies.2This subsection applies where—athe relevant body has offered to enter into an agreement with the owner or, as the case may be, occupier of the premises to control or eradicate—iinvasive animals outwith their native range; oriiinvasive plants outwith their native range,on the premises (referred to in this section as a “species control agreement”);b42 days have elapsed since the date of the offer; andcthe owner or occupier has refused or otherwise failed to enter into the agreement.3This subsection applies where—aa person has entered into a species control agreement with the relevant body; andbthe person has failed to comply with the terms of the agreement.4This subsection applies where the relevant body has failed to ascertain the name or address of any owner or occupier of the premises (having made reasonable efforts to do so) and accordingly has not been able to offer to enter into a species control agreement.5Subsection (4) does not apply unless—athe relevant body has given notice in accordance with subsection (6) stating that it wishes to offer to enter into a species control agreement;b48 hours have passed since the notice was given; andcno owner or occupier of the premises has identified themselves to the relevant body.6A notice under this subsection must be addressed to “The owners and any occupiers” of the premises (describing it) and a copy of it must be affixed to some conspicuous object on the premises (in so doing the relevant body is to be treated as having provided notice to each owner or occupier whose name and address is unknown).<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Emergency species control orders</Addition>14E1Where a relevant body considers that the making of a species control order is urgently necessary, the relevant body may, despite section 14D(1)(b), make a species control order whether or not any of subsections (2) to (4) of section 14D apply (such an order is referred to in this Part as an “emergency species control order”).2An emergency species control order expires 49 days after it is made.<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Content of species control orders</Addition>14F1A species control order must—adescribe the premises to which it relates;bbe accompanied by a map on which the premises to which it relates are delineated;cspecify the type of invasive animal or plant in question;dspecify—iany operations which are to be carried out on the premises for the purpose of controlling or eradicating the type of invasive animal or plant in question;iithe person who is to carry out the operations; andiiihow and when the operations are to be carried out;especify any operations which must not be carried out on the premises (referred to in this Part as “excluded operations”);fspecify the date on which the order is to come into effect and the period for which it is to have effect; andgset out the circumstances in which an appeal may be made under section 14H against either the decision to make the order or the terms of the order.2A species control order—amay provide for the making of payments by the relevant body making the order;bother than an emergency species control order, may provide for the making of payments by the owner or occupier of the premises to which the order relates,to any person in respect of reasonable costs incurred by a person carrying out an operation under the order.<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Notice of species control orders</Addition>14G1A relevant body making a species control order must give notice of the making of the order—ato the owner and any occupier of the premises to which the order relates; andbwhere the relevant body is a body other than the Scottish Ministers, to the Scottish Ministers.2Notice must—abe in writing;bspecify the relevant body's reasons for making the order;cattach a copy of the order; anddwhere the order is an emergency species control order, state that fact.<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Appeals in connection with species control orders</Addition>14H1Any owner or occupier of premises to which a species control order relates may appeal to the sheriff if aggrieved by—aa decision of a relevant body to make the species control order; orbthe terms of such an order.2An appeal under subsection (1) must be lodged not later than 28 days after the date on which the relevant body gave notice to the appellant of the decision being appealed.3The sheriff may suspend any effect of an emergency species control order pending the determination of an appeal.4The sheriff must determine an appeal under subsection (1) on the merits rather than by way of review and may do so by—aaffirming the order in question;bdirecting the relevant body to amend the order in such manner as the sheriff may specify;cdirecting the relevant body to revoke the order; ordmaking such other order as the sheriff thinks fit.5A decision of the sheriff on appeal is final except on a point of law.<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Coming into effect of species control orders</Addition>14IUnless a species control order specifies a later date under section 14F(1)(f), such an order has effect from—ain the case where an order is an emergency species control order, the giving of notice in accordance with section 14G;bin any other case—ithe expiry of the time limit for appealing against the decision to make the order; oriiwhere such an appeal is made, its withdrawal or final determination.<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Review of species control orders</Addition>14J1A relevant body which has made a species control order may, when it thinks fit, review the order prior to its expiry for the purposes of determining whether it should make an order revoking the order.2If, on completion of a review, the relevant body decides that the species control order should be revoked, it may make an order to that effect.3The making of an order to revoke a species control order does not prevent a relevant body subsequently making a species control order in relation to the same premises.<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Offences in relation to species control orders</Addition>14K1Any person who, without reasonable excuse, fails to carry out, in the manner required by a species control order, an operation which the person is required by the order to carry out is guilty of an offence.2Any person who intentionally obstructs any person from carrying out an operation required to be carried out under a species control order is guilty of an offence.3Any person who, without reasonable excuse, carries out, or causes or permits to be carried out, any excluded operation is guilty of an offence.<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Enforcement of operations under species control orders</Addition>14L1This section applies where a relevant body considers—athat any operation required to be carried out by a species control order it has made has not been carried out within the period or by the date specified in it; orbthat any such operation has been carried out otherwise than in the manner required under the order.2The relevant body—amay carry out the operation, or such further work as is necessary to ensure that it is carried out, in the manner required under the order;bis not required to make any payment (and may recover any payments made) in pursuance of the species control order in relation to the operation in question; andcmay recover from the person whom the species control order required to carry out the operation any expenses reasonably incurred by it in doing so (less any payment which the relevant body is required to make in relation to the carrying out of the operation under the order by virtue of section 14F(2)(a)).<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Species control orders: powers of entry</Addition>14M1A person authorised in writing by a relevant body may enter any premises for any of the following purposes—ato determine whether or not to offer to enter into a species control agreement with the owner or, as the case may be, occupier of the premises;bto determine whether or not to make or revoke a species control order;cto serve notice to an owner or occupier of premises in accordance with section 14D(5)(a) or 14G;dto ascertain whether an offence under section 14K is being, or has been, committed in relation to an order made by the relevant body;eto carry out an operation or other work in pursuance of section 14L(2)(a).2A person so authorised to enter premises may not demand admission as of right to any land which is occupied unless—athe entry is for a purpose mentioned in subsection (1)(a) or (b) and at least 24 hours' notice of the intended entry has been given;bthe entry is for a purpose mentioned in subsection (1)(c) or (d); orcthe entry is for a purpose mentioned in subsection (1)(e) and at least 14 days' notice of the intended entry has been given.3Subsection (2) does not apply in relation to entry in connection with an emergency species control order.4Nothing in this section authorises any person to break any lock barring access to premises which the person is authorised to enter.<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Species control orders: entry by warrant </Addition><Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">etc.</Addition>14N1If a sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for a person authorised by a relevant body to enter premises for a purpose mentioned in section 14M(1) and that—aadmission to the premises has been refused;bsuch refusal is reasonably apprehended;cthe premises are unoccupied;dthe occupier is temporarily absent from the premises;ethe giving of notice under section 14M(2) would defeat the object of the proposed entry; orfthe situation is one of urgency,the sheriff or justice may grant a warrant authorising the person to enter premises (including lockfast places), if necessary using reasonable force.2In the cases of a warrant under subsection (1)(a) to (d), a sheriff or justice must not grant a warrant unless satisfied that notice of the intended entry has been given in the manner described in section 14M.3A warrant under this section—amay be executed without notice; andbcontinues 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.4Any person authorised by a warrant to enter any premises must, if required to do so by the owner or occupier or anyone acting on the owner or occupier's behalf, show that person the warrant.5Any person authorised by a warrant to use reasonable force—amust be accompanied by a constable when doing so; andbmay not use force against an individual.<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Species control orders: powers of entry: supplemental</Addition>14O1Any person who exercises a power of entry to premises in accordance with section 14M or 14N may—abe accompanied by any other person; andbtake any machinery, other equipment or materials on to the premises,for the purpose of assisting the person in the exercise of that power.2A power specified in subsection (1) which is exercisable under a warrant is subject to the terms of the warrant.3Any person leaving any premises which have been entered in exercise of a power conferred by section 14M or a warrant granted under section 14N, being either unoccupied premises or premises from which the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as the person found the premises.4A relevant body must compensate any person who has sustained damage by reason of—athe exercise by a person authorised by the relevant body of any powers of entry conferred on the person by section 14M or a warrant granted under section 14N; orbthe failure of a person so authorised to perform the duty imposed by subsection (3),unless the damage is attributable to the fault of the person who sustained it.5Any dispute as to a person's entitlement to compensation, or to the amount of such compensation, is to be determined by arbitration.<Addition ChangeId="key-2e63d71d90e63fbd437c4456ec6e1e79-1492601218944" CommentaryRef="key-2e63d71d90e63fbd437c4456ec6e1e79" Extent="S">Interpretation of sections 14 to 14O</Addition>14P1This section applies to sections 14 to 14O only.2Any reference to the native range of an animal or plant, or a type of animal or plant, is a reference to the locality to which the animal or plant of that type is indigenous, and does not refer to any locality to which that type of animal or plant has been imported (whether intentionally or otherwise) by any person.3The native range of a hybrid animal or plant is any locality within the native range of both parents of the hybrid animal or plant.4Any reference to an invasive animal or invasive plant, or type of such an animal or plant, is a reference to an animal or plant of a type which if not under the control of any person, would be likely to have a significant adverse impact on—abiodiversity;bother environmental interests; orcsocial or economic interests.5Any reference to premises—aincludes reference to land (including lockfast places and other buildings), movable structures, vehicles, vessels, aircraft and other means of transport; butbdoes not include reference to dwellings.6Any reference to a relevant body is a reference to—athe Scottish Ministers;bScottish Natural Heritage;cthe Scottish Environment Protection Agency; ...d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7Any reference to an animal includes a reference to ova, semen and milt of the animal.8“Plant” includes fungi and any reference to a plant includes a reference to—abulbs, corms and rhizomes of the plant; andbnotwithstanding section 27(3ZA), seeds and spores of the plant. Endangered species (import and export).151The Endangered 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.2The functions of the GB conservation bodies shall include power to advise or assist—aany constable;bany 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; orcany 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.<Addition ChangeId="d29p2076" CommentaryRef="c19417831">Possession of pesticides</Addition>15A1Any person who is in possession of any pesticide containing one or more prescribed active ingredient shall be guilty of an offence.2A 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—aany regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), ...aaRegulation (EC) 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market, as amended, extended or applied from time to time,bRegulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products, as amended, extended or applied from time to time.2ASubject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by subsection (1) shall be guilty of an offence.3In 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 Power to grant licences.161Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—afor scientific, research or educational purposes;bfor the purpose of ringing or marking, or examining any ring or mark on, wild birds;cfor the purpose of conserving wild birds;cafor 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;cbfor the purpose of conserving flora or fauna;dfor the purpose of protecting any collection of wild birds;efor the purposes of falconry or aviculture;ffor the purposes of any public exhibition or competition;gfor the purposes of taxidermy;hfor the purpose of photography;ifor the purposes of preserving public health or public or air safety;jfor the purpose of preventing the spread of disease; orkfor the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber , fisheries or inland waters,if it is done under and in accordance with the terms of a licence granted by the appropriate authority.1AThe appropriate authority—ashall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; andbshall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.2Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—aa gannet on the island of Sula Sgeir; orba gull’s egg or, at any time before 15th April in any year, a lapwing’s egg,if it is done under and in accordance with the terms of a licence granted by the appropriate authority.3Sections 9(1), (2) , (4) and (4A), 11(1) (a), (b), (be), (c) and (d), and (2) and 13(1) do not apply to anything done—afor scientific or educational purposes;bfor the purpose of ringing or marking, or examining any ring or mark on, wild animals;cfor the purpose of conserving wild animals or wild plants or introducing them to particular areas;dfor the purpose of protecting any zoological or botanical collection;efor the purpose of photography;ffor the purpose of preserving public health or public safety;gfor the purpose of preventing the spread of disease; orhfor 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, ... orjin England, for reasons of overriding public interest,if it is done under and in accordance with the terms of a licence granted by the appropriate authority.3ZZASubsection (3)(c), so far as relating to section 11(2) in its application to mustela erminea (stoat, otherwise known as ermine), is to be read as if the reference to wild animals included wild birds.3ZAA licence granted under subsection (3) may permit the use , otherwise than in Wales, of a trap or snare , or, in Wales, of a trap other than a glue trap, for the purpose of killing, taking or restraining a wild animal included in Schedule 6ZA only if the trap or snare—ameets the conditions relating to certification (see subsections (3ZB) to (3ZF)); orbmeets the approved design conditions (see subsections (3ZG to (3ZI)).This subsection is subject to (3ZJ).3ZBFor the purposes of subsection (3ZA)(a) the conditions relating to certification are that—athe trap or snare is of a certified type and make;bthe manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; andcwhere it is manufactured on or after 28th March 2019, the trap or snare is identified by its manufacturer by means of a permanent marking as being of a certified type and make.3ZCFor the purposes of subsection (3ZB)(b), instructions provided by the supplier of a trap or snare with the authorisation of the manufacturer of that trap or snare are to be treated as provided by the manufacturer.3ZDFor the purposes of this section, a type and make of trap or snare is “certified” in relation to a wild animal included in Schedule 6ZA if it is certified by or on behalf of any of the following authorities as conforming (where the trap or snare is set in accordance with any instructions provided by the manufacturer) to the standards set out in the international trapping standards agreement in relation to the trapping of that animal—athe Secretary of State;bthe Welsh Ministers;cthe Scottish Ministers;din Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;ean authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority.3ZEThe relevant authority shall—apublish in such manner as it considers appropriate a list of all traps and snares of a certified type and make of which it is aware; andbmake the list available to anyone who asks for it in in writing.3ZFFor the purposes of subsection (3ZE), “the relevant authority” means—ain relation to England, the Secretary of State;bin relation to Wales, the Welsh Ministers;cin relation to Scotland, the Scottish Ministers.3ZGFor the purposes of subsection (3ZA)(b) a trap or snare meets the approved design conditions if it—ahas been constructed by the person using it; andbcomplies with a design approved for this purpose by or on behalf of the Secretary of State (where it is used in England or Scotland) or the Welsh Ministers (where it is a trap other than a glue trap, and it is used in Wales).3ZHThe relevant authority must—apublish in such manner as it considers appropriate details of the design of a trap or snare approved in accordance with subsection (3ZG)(b); andbmake the details available to anyone who asks for them in writing.3ZIIn subsection (3ZH), “the relevant authority” means—athe Secretary of State, for designs of traps or snares approved for use in England;bthe Welsh Ministers, for designs of traps (other than glue traps) approved for use in Wales;cthe Scottish Ministers, for designs of traps or snares approved for use in Scotland.3ZJSubsection (3ZA) does not apply where the licence—ais granted in accordance with any of paragraphs (a) to (d) or paragraphs (f) to (h) of subsection (3) and is subject to such conditions as the appropriate authority considers appropriate when granting the licence;bdoes not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; andcis accompanied by a written explanation of the reasons for that opinion and for the grant of the licence.3ZKIn this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation.3BIn England, the appropriate authority shall not grant a licence under subsection (3) unless it is satisfied—athat there is no other satisfactory solution, andbthat the grant of the licence is not detrimental to the survival of any population of the species of animal or plant to which the licence relates.4The following provisions, namely—asection 6(1) and (2);bsections 9(5) and 13(2); andcsections 14 and 14ZA,do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.5Subject to subsections (5A) and (6), a licence under the foregoing provisions of this section—amay be, to any degree, general or specific;bmay be granted either to persons of a class or to a particular person;cmay be subject to compliance with any specified conditions;dmay be modified or revoked at any time by the appropriate authority; andesubject 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.5AA licence under subsection (1) which authorises any action in respect of wild birds—ashall 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;bshall specify the methods, means or arrangements which are authorised or required for the taking of the action; andcsubject to subsection (5)(d), shall be valid for the period, not exceeding two years, or in the case of a licence granted by Natural England five years, stated in the licence.6A licence under subsection (2) or (3) which authorises any person to kill wild birds or wild animals—ashall specify the area within which, and the methods by which the wild birds or wild animals may be killed; andbsubject to subsection (5)(d), shall be valid for the period, not exceeding two years, or in the case of a licence granted by Natural England five years, stated in the licence.6AThe maximum period for the validity of a licence set out in subsection (6)(b) does not apply to—aa licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, orba licence that, by virtue of paragraph 5 of Schedule 3 to that Act, is treated as having been granted to a developer under subsection (3).7It shall be a defence in proceedings for an offence under section 8(b) of the Protection of Animals Act 1911 or section 7(b) of the Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—athe act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); andbany conditions specified in the licence were complied with.8For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.8ZAIn this section, in the case of a licence granted to Natural England under subsection (3) to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, “the appropriate authority” means the Secretary of State.8A In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “the appropriate authority” means the Marine Management Organisation , but this is subject to subsection (8ZA). 8CIn this section, in the case of a licence under any of subsections (1) to (4), so far as relating to Wales, “the appropriate authority” means the Natural Resources Body for Wales.9Except as provided by subsections (8ZA), (8A) and (8C), In this section “the appropriate authority” means—ain the case of a licence under any of paragraphs (a) to (cb) of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the relevant conservation body;bin the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid;cin the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) or (j) of subsection (3), the relevant conservation body;din the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; andein the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.9AIn this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Wild Birds Directive.10The agriculture Minister—ashall from time to time consult with each of the GB conservation bodies as to the exercise in the area of that body of his functions under this section; andbshall not grant a licence of any description unless he has been advised by the relevant conservation body as to the circumstances in which, in their opinion, licences of that description should be granted.11For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the conservation body for the area in which it is proposed to carry on the activity requiring a licence.12In this section—a “the restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark; b “the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009. c “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.<Addition ChangeId="key-6c50c1680e39c8bc16be4911c86fb9fe-1720604850615" CommentaryRef="key-6c50c1680e39c8bc16be4911c86fb9fe" Extent="S">Licensing: land on which certain birds may be killed or taken</Addition>16AA1The relevant authority may, on the application of an owner or occupier of an area of land, grant a licence for the purposes of permitting the killing or taking of any type of bird included in Part 1B of Schedule 2 on the land (a “section 16AA licence”), if it is satisfied that it is appropriate to do so.2In determining whether it is appropriate to grant a section 16AA licence the relevant authority must have regard in particular to the applicant’s compliance with a code of practice made in accordance with section 16AC.3Where the relevant authority refuses to grant a licence to an applicant, the relevant authority must give written notice to the applicant of the reasons for doing so.4An application for a section 16AA licence must—abe made to the relevant authority,bbe made in such manner and form as the relevant authority may require,cspecify the area of land to which the licence is to relate,dcontain or be accompanied by such information as the relevant authority may require, andebe accompanied by payment of such reasonable fee as the relevant authority may require.5The relevant authority must publicise any requirements which are for the time being set under subsection (4)(b) to (e).6A section 16AA licence—amust—ispecify the person to whom the licence is granted (“the licence holder”),iiidentify the area of land, by reference to a map, to which the licence relates,iiispecify any reasonable conditions the relevant authority considers appropriate to attach to the licence, andbmay be granted or renewed for a period not exceeding 5 years.7Every section 16AA licence is subject to the condition that the licence holder must have regard to a code of practice made in accordance with section 16AC.8Conditions which may be specified under subsection (6)(a)(iii) include, in particular, conditions drawn from a code of practice made in accordance with section 16AC.9The relevant authority may—amodify a section 16AA licence at any time,bsuspend or revoke a section 16AA licence if—ithe licence holder—Afails to comply with any conditions attached to the licence, orBceases to be in a position to ensure compliance with the conditions,iithe relevant authority is satisfied that the licence holder or a person involved in managing the land to which the licence relates—Ahas committed a relevant offence on the land, orBhas knowingly caused or permitted another person to do so.10Where the relevant authority has modified, suspended or revoked a person’s section 16AA licence—athe relevant authority must give written notice to the person of the modification, suspension or revocation and specify in the notice the reason for the modification, suspension or revocation, andbthe modification, suspension or revocation may not take effect until the end of—ithe period of 14 days beginning with the day on which the notice is given, oriisuch other period as the relevant authority considers appropriate and specifies in the notice.11A licence holder whose section 16AA licence is suspended is to be treated as not having a section 16AA licence for the duration of the suspension.12A court which convicts a person of a relevant offence must notify the Scottish Ministers (or Scottish Natural Heritage if the functions under this section have been delegated to that body) of the conviction.13In this section—“relevant authority” means—the Scottish Ministers, orwhere the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to section 16AA licences, Scottish Natural Heritage,“relevant offence” means an offence under—Part 1 of this Act,the Protection of Badgers Act 1992,Part 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716),section 1 of the Wild Mammals (Protection) Act 1996,section 19 of the Animal Health and Welfare (Scotland) Act 2006,the Hunting with Dogs (Scotland) Act 2023.14The Scottish Ministers may by regulations modify the definition of “relevant offence” in subsection (13).<Addition ChangeId="key-6c50c1680e39c8bc16be4911c86fb9fe-1720604850615" CommentaryRef="key-6c50c1680e39c8bc16be4911c86fb9fe" Extent="S">Appeals relating to section 16AA licences</Addition>16AB1A person may appeal to the appropriate sheriff against a decision of the relevant authority to—arefuse to grant to the person a section 16AA licence,battach a condition to the person’s section 16AA licence,cmodify, suspend or revoke the person’s section 16AA licence.2An appeal under this section must be made within the period of 21 days beginning with the day on which notice of the decision being appealed against was given.3An appeal under this section is to be determined on the merits rather than by way of review.4The sheriff hearing the appeal may consider any evidence or other matter, whether or not it was available at the time the relevant authority made the decision being appealed against.5Where a summary sheriff is hearing an appeal, the summary sheriff is to have the same power to make an interim order under section 88(1) of the Courts Reform (Scotland) Act 2014 as a sheriff hearing the appeal would have.6On determining the appeal, the sheriff may—adismiss the appeal, orbgive the relevant authority such direction as the sheriff considers appropriate in respect of the decision that is the subject of the appeal.7The determination of the sheriff may be appealed against only on a point of law.8In this section—“appropriate sheriff” means—in a case where the appellant resides in Scotland, a sheriff or summary sheriff of the sheriffdom in which the appellant resides, orin a case where the appellant resides outwith Scotland, a sheriff or summary sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh,“relevant authority” means—the Scottish Ministers, orwhere the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to licences, Scottish Natural Heritage,“section 16AA licence” is to be construed in accordance with section 16AA(1).<Addition ChangeId="key-6c50c1680e39c8bc16be4911c86fb9fe-1720604850615" CommentaryRef="key-6c50c1680e39c8bc16be4911c86fb9fe" Extent="S">Section 16AA Licence: code of practice</Addition>16AC1The Scottish Ministers must prepare a code of practice for the purpose of providing guidance about managing land to which a section 16AA licence relates.2A code of practice may, in particular, provide guidance on—ahow land should be managed to reduce disturbance of and harm to any wild animal, wild bird and wild plant (including the use of medicated grit for such purposes),bhow the taking or killing of any wild birds should be carried out,chow predators should be controlled.3The Scottish Ministers must review the current code of practice by the end of every review period.4Following a review, the Scottish Ministers may revise the current code of practice.5Before making, reviewing or revising a code of practice the Scottish Ministers must consult—aScottish Natural Heritage,bsuch other persons as they consider likely to be interested in or affected by the management of land to which a section 16AA licence relates.6Subsection (5)(a) does not apply during any period for which the functions under this section are delegated to Scottish Natural Heritage under section 16AD.7As soon as practicable after the latest version of the code of practice is made, it must be made publicly available.8In this section, “review period” means—ain relation to the first review, the period of 5 years starting on the day on which subsection (1) is complied with, andbeach subsequent period of 5 years.<Addition ChangeId="key-6c50c1680e39c8bc16be4911c86fb9fe-1720604850615" CommentaryRef="key-6c50c1680e39c8bc16be4911c86fb9fe" Extent="S">Section 16AA Licence: delegation of power in relation to code of practice</Addition>16AD1The Scottish Ministers may delegate the preparation, publication, review and revision of the code of practice under section 16AC to Scottish Natural Heritage.2Any delegation must be made by written direction.3The Scottish Ministers may modify or revoke a direction.<Addition ChangeId="key-6c50c1680e39c8bc16be4911c86fb9fe-1720604850615" CommentaryRef="key-6c50c1680e39c8bc16be4911c86fb9fe" Extent="S">Report on operation and effect of section 16AA licences</Addition>16AE1The Scottish Ministers must, for each reporting period, prepare a report on the operation and effect of section 16AA licences.2The report must include an assessment of the conservation status, including population size and range, of the following species—agolden eagle (aquila chrysaetos),bhen harrier (circus cyaneus),cperegrine falcon (falco peregrinus),dmerlin (falco columbarius).3The report may include—athe number of licences issued under section 16AA and the area of land affected,bthe number of licences that have been, or are, subject to suspension or revocation, the duration of those suspensions or revocations, and the reasons for those suspensions or revocations,cthe number and outcomes of any appeals undertaken under section 16AB, anddsuch other matters as the Scottish Ministers consider appropriate.4As soon as practicable after each reporting period, the Scottish Ministers must lay the report before the Scottish Parliament.5The Scottish Ministers may by regulations amend subsection (2) to add or remove species of birds.6In this section, “reporting period” means—ain relation to the first report, the period of 5 years beginning on the day on which section 16AA comes into force, andbin relation to each subsequent report, the period of 5 years beginning on the day after the expiry of the previous reporting period.<Addition ChangeId="key-6c50c1680e39c8bc16be4911c86fb9fe-1720604850615" CommentaryRef="key-6c50c1680e39c8bc16be4911c86fb9fe" Extent="S">Report on operation and effect of section 16AA licences: delegation</Addition>16AF1The Scottish Ministers may delegate the preparation and publication of the report under section 16AE to Scottish Natural Heritage.2Any delegation must be made by written direction.3The Scottish Ministers may modify or revoke a direction.<Addition ChangeId="key-93ffe1425d2e2bdc8b85e5aef7844da4-1474983229546" CommentaryRef="key-93ffe1425d2e2bdc8b85e5aef7844da4" Extent="S">Delegation of licence-granting power: Scotland</Addition>16A1The Scottish Ministers may delegate their functions in relation to licences under section 16 to—aScottish Natural Heritage; orba local authority.1BThe Scottish Ministers may delegate their functions in relation to licences under section 16AA (other than the function in section 16AA(14)) to Scottish Natural Heritage.2But a function may be delegated to a local authority only in so far as it relates to—athe development of land within the meaning of section 26(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8); orbthe demolition of buildings within the meaning of section 55 of the Building (Scotland) Act 2003 (asp 8).3A delegation under subsection (1) may be, to any degree, general or specific and may in particular relate to—aa particular type of bird, other animal or plant;ba particular licence or type of licence;ca particular area.4Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type that were granted before the delegation.5A delegation to—aScottish Natural Heritage under subsection (1)(a) is to be made by written direction;aaScottish Natural Heritage under subsection (1B) is to be made by written direction,ba local authority under subsection (1)(b) is to be made by order.5AA direction under subsection (5)(aa) may include provision allowing Scottish Natural Heritage to modify or revoke licences that were granted before the direction.6A local authority which is delegated a function under subsection (1)(b) must, before granting or modifying a licence, consult Scottish Natural Heritage.7The Scottish Ministers may modify or revoke a direction under subsection (5)(a) or (5)(aa).8Where a direction or order under subsection (5) is revoked, any existing licence granted under the direction or order continues to have effect (unless the revoking direction or order provides otherwise). <Repeal ChangeId="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e-1733089912994" CommentaryRef="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e" RetainText="true" SubstitutionRef="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e-1733089912995" Extent="S">False statements made for obtaining registration </Repeal><Repeal ChangeId="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e-1733089912994" CommentaryRef="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e" RetainText="true" SubstitutionRef="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e-1733089912995" Extent="S"><Addition ChangeId="key-a1664873504de1ac7bd571cd51aa883d-1493027203573" CommentaryRef="key-a1664873504de1ac7bd571cd51aa883d" Extent="S">, identification number</Addition></Repeal><Repeal ChangeId="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e-1733089912994" CommentaryRef="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e" RetainText="true" SubstitutionRef="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e-1733089912995" Extent="S"> or licence </Repeal><Repeal ChangeId="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e-1733089912994" CommentaryRef="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e" RetainText="true" SubstitutionRef="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e-1733089912995" Extent="S">etc.</Repeal> <Addition ChangeId="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e-1733089912995" CommentaryRef="M_F_8815d4ed-1b3f-4d5a-9426-6ad93fc6f36e" Extent="S">False statements made for obtaining registration or licence etc.</Addition>17A person who, for the purposes of obtaining, whether for himself or another, a registration in accordance with regulations made under section 6(2) or 7(1) , an identification number under section 11A(4) or the grant of a licence under section 16 or 16AA—amakes a statement or representation, or furnishes a document or information, which he knows to be false in a material particular; orbrecklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular,shall be guilty of an offence. Attempts to commit offences etc.181Any 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.2Any 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.<Addition ChangeId="d29p2698" CommentaryRef="c19474071">Wildlife inspectors</Addition>18A 1 In this Part, “wildlife inspector” means a person authorised in writing under this section by— athe Secretary of State (in relation to England), orbthe National Assembly for Wales (in relation to Wales).2An authorisation under subsection (1) is subject to any conditions or limitations specified in it.3A wildlife inspector must, if required to do so, produce evidence of his authority before entering any premises under section 18B or 18D.4A 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.<Addition ChangeId="c19474071-1242808023228" CommentaryRef="c19474071">Group 1 offences and licences: power to enter premises</Addition>18B 1A wildlife inspector may, at any reasonable time, enter and inspect any premises—afor the purpose of ascertaining whether a Group 1 offence is being or has been committed;bfor the purpose of—iverifying 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, oriiascertaining whether any condition to which a Group 1 licence was subject has been complied with.2In 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. 3Nothing in this section confers power to enter a dwelling.<Addition ChangeId="c19474071-1256988275302" CommentaryRef="c19474071">Group 1 offences and licences: examining specimens and taking samples</Addition>18C 1The powers conferred by this section are exercisable where a wildlife inspector has entered any premises for a purpose mentioned in section 18B(1)(a) or (b).2The inspector, or a veterinary surgeon accompanying him, may—afor any such purpose, examine any specimen, andbsubject to subsection (5) and section 18F, take a sample from it.3 “Specimen” means— aany bird, other animal or plant, orbany part of, or anything derived from, a bird, other animal or plant.4 “Sample” means a sample of blood, tissue or other biological material. 5No sample may be taken under subsection (2) from a live bird, other animal or plant except for the purpose of establishing its identity or ancestry.6The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—amaking an examination under subsection (2)(a), orbtaking a sample under subsection (2)(b).7The 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.<Addition ChangeId="c19474071-1256988275302" CommentaryRef="c19474071"> Group 2 offences and licences </Addition><Addition ChangeId="c19474071-1256988275302" CommentaryRef="c19474071">etc.</Addition><Addition ChangeId="c19474071-1256988275302" CommentaryRef="c19474071"> : power to enter premises </Addition>18D1A wildlife inspector may, at any reasonable time, enter and inspect any premises—afor the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;bwhere 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;cfor the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises;dfor the purpose of—iverifying 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, oriiascertaining whether any condition to which a Group 2 licence was subject has been complied with.2In 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). 3In subsection (1)—aparagraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—ia Group 2 licence or a relevant registration held by an occupier of the dwelling, oriian application by an occupier of the dwelling for a Group 2 licence or a relevant registration, andbparagraph (c) does not confer any power to enter a dwelling.<Addition ChangeId="c19474071-1256988275302" CommentaryRef="c19474071">Group 2 offences: examining specimens and taking samples</Addition>18E1A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector or a veterinary surgeon.2A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed, require the taking of a sample from a specimen found by him in the exercise of powers conferred by section 18D in order to determine its identity or ancestry.3A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence 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 any specimen (other than the relevant specimen) in that person's possession or control which—ais alleged to be, orbwhich the wildlife inspector suspects with reasonable cause to be,a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.4Where, pursuant to a requirement under this section—aa bird or other animal is to be examined, orba sample is to be taken from a bird or other animal,a person who has the bird or animal in his possession or control must give the person making the examination or taking the sample such assistance as he may reasonably require for that purpose.5 “Specimen” and “sample” have the same meaning as in section 18C. 6This section is subject to section 18F.<Addition ChangeId="c19474071-1256988275302" CommentaryRef="c19474071">Restrictions on taking of samples from live specimens</Addition>18F 1No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird or other animal except by a veterinary surgeon.2No 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. Enforcement.191If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—astop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;bsearch or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing;c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .dseize 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 21.2If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) or arresting a person, in accordance with section 24 of Police and Criminal Evidence Act 1984, for such an offence, enter any premises other than a dwelling.2AA constable may, for the purpose of assisting him in exercising the powers conferred by subsection (1)(b) and (d) when he has entered any premises under subsection (2), take with him—aany other person, andbany equipment or materials.3If a justice of the peace is satisfied by information on oath that there are reasonable grounds for suspecting that an 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 . . . to enter upon and search those premises 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.9This section does not apply in relation to offences under Schedule 9A.<Addition ChangeId="d29p3214" CommentaryRef="c19474841">Constables' powers in connection with samples</Addition>19XA1A constable who suspects with reasonable cause that a specimen found by him 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.2A 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—ais alleged to be, orbthe 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.3Where 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. 5This section is subject to section 18F (restrictions on taking samples).<Addition ChangeId="d29p3214" CommentaryRef="c19474841">Offences in connection with enforcement powers</Addition>19XB1A person is guilty of an offence if he—aintentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), orbfails without reasonable excuse to give any assistance reasonably required under section 18C(6).2A person is guilty of an offence if he—aintentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), orbfails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), orcfails without reasonable excuse to give any assistance reasonably required under section 18E(4).3A person is guilty of an offence if he—afails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), orbfails without reasonable excuse to give any assistance reasonably required under section 19XA(3).4Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence. Enforcement: wildlife inspectors.19ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to take samples.19ZB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p3380" CommentaryRef="c19418591">Wildlife inspectors: Scotland</Addition> 19ZC 1The Scottish Ministers may authorise any person to carry out the functions conferred by this section and section 19ZD(3), (4) and (8) (and any person so authorised is to be known as a “wildlife inspector”).2An authorisation under subsection (1)—ashall be in writing, andbis subject to any conditions or limitations specified in it.3A wildlife inspector may, at any reasonable time and (if required to do so) upon producing evidence of authorisation, enter and inspect—aany premises for the purpose of ascertaining whether an offence under section 6, 9(5) , 11I(1) or 13(2) is being, or has been, committed on those premises;bany premises where the inspector 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;cany premises where the inspector has reasonable cause to believe that any birds are kept, for the purpose of ascertaining whether an offence under section 8(1) is being, or has been, committed on those premises;dany premises for the purpose of ascertaining whether an offence under section 14 , 14ZC, 14A, 14AA, 14AA, 14B or 14K is being, or has been, committed on those premises;eany premises for the purpose of —iverifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a relevant registration or licence; oriiascertaining whether a condition to which a relevant registration or licence was subject to has been complied with.4In subsection (3)—aparagraphs (a) to (c) do not confer power to enter a dwelling except for purposes connected with—ia relevant registration or licence held by an occupier of the dwelling; oriian application by an occupier of the dwelling for a relevant registration or licence,bparagraph (d) does not confer power to enter a dwelling.5A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 8(1), 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K 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.6Any 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.7Any person who—aintentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5); orbfails without reasonable excuse to give any assistance reasonably required under subsection (6),shall be guilty of an offence.8Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence.9In this section— “relevant registration or licence” means— a registration in accordance with regulations under section 7(1); ora licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), 11I(1), 13(2), 14, 14ZC , 14A or 14AA; “specimen” means any bird, other animal , plant, fungus or micro-organism or any part of, or anything derived from, a bird, other animal , plant, fungus or micro-organism.<Addition ChangeId="d29p3380" CommentaryRef="c19418591">Power to take samples: Scotland</Addition> 19ZD 1A 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.2A 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.3A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K 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.4A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K 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.5No 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.6No sample from a live bird or other animal shall be taken pursuant to such a requirement except by a veterinary surgeon.7Where 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.8A 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).9Any person who—aintentionally obstructs a wildlife inspector acting in the exercise of the power conferred by subsection (3),bfails without reasonable excuse to make available any specimen in accordance with a requirement under subsection (2) or (4), orcfails without reasonable excuse to give any assistance reasonably required under subsection (7),shall be guilty of an offence.10In this section—a “specimen” has the same meaning as in section 19ZC; bin 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.c“tissue” means any type of biological material other than blood. Evidence in Scotland <Substitution ChangeId="key-3ad924d3026ff10595f70b150e4007ef-1474986711498" CommentaryRef="key-3ad924d3026ff10595f70b150e4007ef">in certain proceedings</Substitution>.19AIn any proceedings in Scotland for any of the following offences, the accused may be convicted on the evidence of one witness —aan offence under section 1(1)(a) in relation to a grouse, partridge, pheasant or ptarmigan included in Part I of Schedule 2;ban offence under section 1(1)(c);can offence under section 6(1) in relation to a grouse, partridge or pheasant included in Part IA of Schedule 3;dan offence under section 6(2) in relation to a grouse, partridge, pheasant or ptarmigan included in Part IIA of that Schedule;ean offence under section 10A(1), 11G(1) or 11I(1).<Substitution ChangeId="d29p3686" CommentaryRef="c19480741">Proceedings for summary offences</Substitution>.201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Proceedings 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.3For 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. Penalties, forfeitures etc.211Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 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.4A person guilty of an offence under section 14 or 14ZA shall be liable—aon summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;bon conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4AAExcept in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.4BA person guilty of an offence under section 19XB(1)(a) or (2)(a) in relation to a wildlife inspector entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed shall be liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.4CA person guilty of an offence under section 19XB(4) shall be liable—aon summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both;bon conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.4D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Where an offence to which subsection (1) . . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.6The court by which any person is convicted of an offence under this Part—ashall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; andbmay 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 or 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.7Any 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. Power to vary Schedules.221The 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, add any bird to, or remove any bird from, any of or any Part of Schedules ZA1 to 4.2An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.3The Secretary of State may, on a representation made to 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—aadd 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; andbremove 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3AThe 2006 Act means the Natural Environment and Rural Communities Act 2006.4The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or with respect to particular provisions of this Part or particular times of the year—aadd any animals to, or remove any animals from, Schedule 5 or Schedule 6; andbadd any plants to, or remove any plants from, Schedule 8.5The Secretary of State may by order, either generally or with respect to particular areas of Great Britain—aadd any animals to, or remove any animals from, Part I , IA or IB of Schedule 9; andbadd any plants to, or remove any plants from, Part II of that Schedule.6The Secretary of State may, for the purpose of complying with the international trapping standards agreement, by order add any animal to, or remove any animal from, Schedule 6ZA.7In subsection (6), “the international trapping standards agreement” has the meaning given by section 16(3ZK). Advisory bodies and their functions.231The Secretary of State may—aestablish any body or bodies, consisting in each case of such members as he may from time to time appoint;bassign to any body or bodies the duty referred to in subsection (4).2Without prejudice to his power under subsection (1), the Secretary of State shall, as soon as practicable after the commencement date,—aestablish at least one body under paragraph (a) of subsection (1); orbassign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4).3A reference in this Part to an advisory body is a reference to a body which is established under subsection (1) or to which the duty there referred to is assigned under that subsection.4It shall be the duty of an advisory body to advise the Secretary of State on any question which he may refer to it or on which it considers it should offer its advice—ain connection with the administration of this Part; orbotherwise in connection with the protection of birds or other animals or plants.5In so far as it does not have power to do so apart from this subsection, an advisory body may publish reports relating to the performance by it of its duty under subsection (4).6Before 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.7The 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).<Substitution ChangeId="d29p4060" CommentaryRef="c19483971">Functions of GB conservation bodies</Substitution>241The GB 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 30th October 1991 and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—aany animal should be added to, or removed from, Schedule 5;bany plant should be added to, or removed from, Schedule 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1AThe 2006 Act means the Natural Environment and Rural Communities Act 2006.2Advice 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 to that advice being given.3The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.4The functions of the GB conservation bodies shall include power to advise or assist—aany constable;bany proper officer of a local authority; orcany wildlife inspector,in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it. Functions of local authorities.251Every 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—athe provisions of this Part; andbany order made under this Part affecting the whole or any part of their area.2A 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.3Nothing in this section applies in relation to Schedule 9A or orders or offences under it. Regulations, orders, notices etc.261Any power to make regulations or orders under this Part shall be exercisable by statutory instrument.2A 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.3No 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.4Before making any order under this Part, the Secretary of State—aexcept 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;bexcept 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; andcmay, if he thinks fit, cause a public inquiry to be held.5Notice of the making of an order under this Part shall be published by the Secretary of State—aif the order relates in whole or in part to England and Wales, in the London Gazette; andbif the order relates in whole or in part to Scotland, in the Edinburgh Gazette.6The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area.7In this section references to orders do not include species control orders under Schedule 9A.<Addition ChangeId="d29p4262" CommentaryRef="c19460861">Enforcement of wildlife legislation</Addition>26A 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 (that is, the Directive as amended from time to time by any other EU 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. <Addition ChangeId="key-da48921b553b156bedf967e35d29951e-1492521132838" CommentaryRef="key-da48921b553b156bedf967e35d29951e" Extent="S">Annual report on wildlife crime</Addition>26B1The Scottish Ministers must, after the end of each calendar year, lay before the Scottish Parliament a report on offences relating to wildlife.2The report may, in particular, include—ainformation on the incidence and prosecution of such offences during the year to which the report relates;binformation on research and advice relating to wildlife which the Scottish Ministers consider relevant to such offences.3The report need only include information in relation to such offences relating to wildlife as the Scottish Ministers consider appropriate.4For the purposes of this section, an offence relating to wildlife is an offence—aunder Part 1 of this Act; orbunder any other enactment which the Scottish Ministers consider may have an impact on wildlife. Interpretation of Part I.271In 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—the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;any person authorised in writing by the local authority for the area within which the action authorised is taken;as respects anything done in relation to wild birds, any person authorised in writing by—the Welsh Ministers, in relation to things done for purposes relating to fishing or fisheries in the Welsh inshore region (within the meaning of the Marine and Coastal Access Act 2009);any of the following bodies, that is to say, any of the GB conservation bodies, . . . a district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862 or an inshore fisheries and conservation authority ...;any person authorised in writing by—the Environment Agency, in relation to anything done in England;the Natural Resources Body for Wales, in relation to anything done in Wales; ora 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 Firearms Act 1968;“game bird” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan; “inland waters” means— inland waters within the meaning of the Water Resources Act 1991; any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea; controlled waters within the meaning of Part II of the Control of Pollution Act 1974 other than ground waters as defined in section 30A(1)(d) of that Act. “inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009; “livestock” includes any animal which is kept—for the provision of food, wool, skins or fur;for the purpose of its use in the carrying on of any agricultural activity; orfor the provision or improvement of shooting or fishing;“local authority” means—in relation to England . . ., a county, district or London borough council . . .;in relation to Wales, a county council or county borough council;in relation to Scotland, a council 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; “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; ...... “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 species which is ordinarily resident in or is a visitor to the United Kingdom 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; “the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 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. “wildlife inspector” has the meaning given by section 18A(1). 2A 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.3Any 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.3A In this Part “the GB conservation bodies” means— aNatural England,b the Natural Resources Body for Wales, andcScottish Natural Heritage,and references to a conservation body are to be read accordingly.4This 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.5This 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.<Addition ChangeId="d29p4681" CommentaryRef="c19460821">Application of Part 1 to England and Wales</Addition> 27ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Nature Conservation, Countryside and National Parks<Emphasis><CommentaryRef Ref="c19493331"/> <Substitution ChangeId="d29p4728" CommentaryRef="c19493281"> Sites of special scientific interest and limestone pavements </Substitution> </Emphasis> Construction of references to Nature Conservancy Council.27A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p4743" CommentaryRef="c19493441">Application of sections 28 to 34 in Wales</Addition>27AA1In 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 Natural Resources Body for Wales and as if section 28D(2)(d) were omitted.2Subsection (3) applies where—aany provision of sections 28 to 34 requires the Natural Resources Body for Wales to give a notification or notice to the local planning authority in whose area land is situated, andball or part of the land is included in a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004 the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 .3The Natural Resources Body for Wales must also give the notification or notice to the strategic planning panel for the strategic planning area that corporate joint committee . Sites of special scientific interest. 28 1Where Natural 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 Natural England to notify that fact—ato the local planning authority (if any) in whose area the land is situated;bto every owner and occupier of any of that land; andcto the Secretary of State.1AThe reference in subsection (1) to land includes—aany land lying above mean low water mark;bany land covered by estuarial waters.1BWhere the area of land to which a notification under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—aarea B adjoins area A, andbany of the conditions in subsection (1C) is satisfied.1CThe conditions are—athat the flora, fauna or features leading to the notification of area A is or are also present in area B;bthat the notification of area A is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B;cthat, without the inclusion of area B, the identification of the boundary of the land notified (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.2Natural England shall also publish a notification of the fact mentioned in subsection (1) in at least one local newspaper circulating in the area in which the land is situated.3A 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 Natural England shall consider any representation or objection duly made.4A notification under subsection (1)(b) shall also specify—athe flora, fauna, or geological or physiographical features by reason of which the land is of special interest, andbany operations appearing to Natural England to be likely to damage that flora or fauna or those features,and shall contain a statement of Natural England's views about the management of the land (including any views Natural England may have about the conservation and enhancement of that flora or fauna or those features).5Where a notification under subsection (1) has been given, Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—agive notice to the persons mentioned in subsection (1) withdrawing the notification; orbgive notice to those persons confirming the notification (with or without modifications).In the case of a notification given in relation to land lying below mean low water mark by virtue of subsection (1B), this subsection is subject to section 28CB(4) and (6).6A notification shall cease to have effect—aon the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (1); orbif not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to there, at the end of that period.6ASubsection (6)(b) does not apply in a case where notice has been given to Natural England under section 28CB(3).7Natural England's power under subsection (5)(b) to confirm a notification under subsection (1) with modifications shall not be exercised so as to add to the operations specified in the notification or extend the area to which it applies.8As from the time when there is served on the owner or occupier of any land which has been notified under subsection (1)(b) a notice under subsection (5)(b) confirming the notification with modifications, the notification shall have effect in its modified form in relation to so much (if any) of that land as remains subject to it.9A notification under subsection (1)(b) of land in England and Wales shall be a local land charge.9A For the purposes of this Part “estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy). 10 For the purposes of this section and sections 28A to 28D, “local planning authority”, in relation to land within the Broads, includes the Broads Authority. Variation of notification under section 28.28A1At any time after notice has been given under section 28(5)(b) confirming a notification (with or without modifications), Natural England may by notice vary the matters specified or stated in the confirmed notification (whether by adding to them, changing them, or removing matter from them).2The area of land cannot be varied under this section.3Natural England shall give notice setting out the variation to—athe local planning authority (if any) in whose area the land is situated,bevery owner and occupier of any of the land who in the opinion of the Council may be affected by the variation, andcthe Secretary of State,and after service of a notice under paragraph (b) the notification under section 28(1)(b) shall have effect in its varied form.4Section 28(3) shall apply to such a notice as it applies to a notification under section 28(1).5Where a notice under subsection (3) has been given, Natural England may within the period of nine months beginning with the date the last of the owners and occupiers referred to in subsection (3)(b) was served with the notice either—agive notice to the persons mentioned in subsection (3) withdrawing the notice; orbgive notice to them confirming the notice (with or without modifications).6A notice under subsection (3) shall cease to have effect—aon the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (3); orbif 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.7As 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.8A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notice under subsection (3) or (5)(b). Notification of additional land.28B1 Where Natural England are of the opinion that if land adjacent to a site of special scientific interest (“the extra land”) were combined with the site of special scientific interest (“the SSSI ”), the combined area of land would be of special interest by reason of any of its flora, fauna, or geological or physiographical features, Natural England may decide to notify that fact. 2If they do so decide, the persons whom they must notify are—athe local planning authority (if any) in whose area the extra land is situated;bevery owner and occupier of any of that extra land; andcthe Secretary of State.2AThe reference in subsection (1) to land includes—aany land lying above mean low water mark;bany land covered by estuarial waters.2BIf any of the conditions in subsection (2C) is satisfied, the extra land may consist of or include an area of land not falling within subsection (2A)(a) or (b).2CThe conditions are—a that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of the extra land not falling within subsection (2A)(a) or (b); b that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area; c that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable. 3No notification under subsection (2) may be given until after notice has been given under section 28(5)(b) confirming (with or without modifications) the notification under section 28(1) relating to the SSSI.4Subsections (2) and (3) of section 28 shall apply for the purposes of this section as they apply for the purposes of that section.5A notification under subsection (2)(b) shall also specify—a the area of land constituting the SSSI; b what (as at the date of the notification under subsection (2)(b)) is specified or contained in the notification under section 28(1)(b) relating to the SSSI by virtue of section 28(4); and cthe reasons why Natural England is of the opinion referred to in subsection (1).6In addition, the notification under subsection (2)(b) shall include a statement—asaying whether or not anything among the matters specified in the notification by virtue of subsection (5)(c) is particularly relevant to the extra land; andbif any such thing is of particular relevance, specifying which.7Subsections (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)” and “subsection (1B)” in section 28(5) to (7) were references to subsection (2) and subsection (2B) of this section respectively.8As 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).9As 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.10A 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. Enlargement of SSSI.28C1 Where Natural 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, Natural England may decide to notify that fact. 2If they do so decide, the persons whom they must notify are—a the local planning authority (if any) in whose area the land (including the SSSI ) is situated; b every owner and occupier of any of that land (including the SSSI); and cthe Secretary of State.2AThe reference in subsection (1) to land includes—aany land lying above mean low water mark;bany land covered by estuarial waters.2BIf any of the conditions in subsection (2C) is satisfied, the area of land to which a notification under subsection (2) relates may include an area of land not falling within subsection (2A)(a) or (b).2CThe conditions are—a that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of land not falling within subsection (2A)(a) or (b); b that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area; c that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable. 3Subsections (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)” , “subsection (1)(b)” and “subsection (1B)” in section 28(2) to (8) were references to subsection (2) , subsection (2)(b) and subsection (2B) of this section respectively.4No 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. 6A 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.7A 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.8The enlargement of a site of special scientific interest under this section does not affect anything done under section 28J to 28L.9Any reference to—aa notification under section 28(1) (or any of its paragraphs) shall be construed as including the corresponding notification under subsection (2);ba notification under section 28(5)(b) shall be construed as including a notification under that provision as applied by subsection (3); andca local land charge existing by virtue of section 28(9) shall be treated as including one existing by virtue of subsection (6).<Addition ChangeId="d29p5511" CommentaryRef="c20666261">Guidance in relation to subtidal notifications of SSSIs</Addition>28CA1The 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— ain relation to England, the Secretary of State;bin relation to Wales, the Welsh Ministers.<Addition ChangeId="d29p5550" CommentaryRef="c20666301">Power to call in subtidal notifications</Addition>28CB1This 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).2Natural 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.)3At 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.4If 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).5The ministerial authority may direct—athat the notification (if confirmed) must include all of the subtidal land;bthat the notification (if confirmed) must not include any of the subtidal land;cthat the notification (if confirmed) must, or must not, include such part of that land as is specified in the direction;dthat the decision whether the notification (if confirmed) should include the subtidal land is to be taken by Natural England.6If 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.7The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—aappearing before and being heard by a person appointed by the ministerial authority for that purpose;bproviding written representations to such a person.8A person appointed under subsection (7) must make a report to the ministerial authority of any oral or written representations made under that subsection.9The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (7).10The power to make regulations under subsection (9) is exercisable by statutory instrument.11A 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.12A 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. Denotification.28D1Where Natural England are of the opinion that all or part of a site of special scientific interestais not of special interest by reason of any of the matters mentioned in section 28(1), orbshould no longer be the subject of a notification under section 28(1) because that land has been designated as (or as part of) a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009, they may decide to notify that fact.2If they do so decide, the persons whom they must notify are—athe local planning authority (if any) in whose area the land mentioned in subsection (1) is situated;bevery owner and occupier of any of that land;cthe Secretary of State;dthe Environment Agency; ande every relevant undertaker (within the meaning of section 4(1) of the Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the Land Drainage Act 1991) whose works, operations or activities may affect the land. 3Natural England shall also publish a notification of the fact mentioned in subsection (1)(a) or (b) in at least one local newspaper circulating in the area in which the land referred to in subsection (2)(a) is situated.4Section 28(3) shall apply to a notification under subsection (2) or (3) as it applies to a notification under section 28(1).5Where a notification under subsection (2) has been given, Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—agive notice to the persons mentioned in subsection (2) withdrawing the notification, orbgive 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.6A 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.7A 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). Duties in relation to sites of special scientific interest.28E1The 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—aone of them has, after service of the notification, given Natural 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; andbone of the conditions specified in subsection (3) is fulfilled.2Subsection (1) does not apply to an owner or occupier being an authority to which section 28G applies acting in the exercise of its functions.3The conditions are—athat the operation is carried out with Natural England's written consent;bthat the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act , section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016;cthat the operation is carried out in accordance with a management scheme under section 28J or a management notice under section 28K.4A consent under subsection (3)(a) may be given—asubject to conditions, andbfor a limited period,as specified in the consent.5If Natural England do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).6Natural 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—awithdraw the consent; orbmodify it (or further modify it) in any way.7The following—aa consent under subsection (3)(a) granting consent subject to conditions or for a limited period, andba notice under subsection (5) or (6),must include a notice of Natural 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).8The matters referred to in subsection (7) are—athe rights of appeal under section 28F;bthe effect of subsection (9); andcin the case of a notice under subsection (6), the effect of section 28M.9A withdrawal or modification of a consent is not to take effect until—athe expiry of the period for appealing against it; orbif an appeal is brought, its withdrawal or final determination.10Natural England shall have power to enforce the provisions of this section. Appeals in connection with consents.28F1The following persons—aan owner or occupier who has been refused a consent under section 28E(3)(a),ban owner or occupier who has been granted such a consent but who is aggrieved by conditions attached to it, or by the fact that it is for a limited period, or by the length of that period,can owner or occupier who is aggrieved by the modification of a consent;dan owner or occupier who is aggrieved by the withdrawal of a consent,may by notice appeal to the Secretary of State against the relevant decision.2If Natural England neither give consent nor refuse it within the period of four months beginning with the date on which the notice referred to in section 28E(1)(a) was sent, the person who gave that notice may for the purposes of subsection (1) treat Natural England as having refused consent (and his appeal is to be determined on that basis).3Notice of an appeal must reach the Secretary of State—aexcept in a case falling within subsection (2), within the period of two months beginning with the date of the notice giving consent or the notice under section 28E(5) or (6), orbin a case falling within subsection (2), within the period of two months beginning immediately after the expiry of the four-month period referred to there,or, in either case, within such longer period as is agreed in writing between Natural England and the appellant.4Before determining an appeal, the Secretary of State may, if he thinks fit—acause 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), orbcause a local inquiry to be held,and he must act as mentioned in paragraph (a) or (b) if either party to the appeal asks to be heard in connection with the appeal.5On determining an appeal against a decision, the Secretary of State may—aaffirm the decision,bwhere the decision was a refusal of consent, direct Natural England to give consent,cwhere the decision was as to the terms of a consent (whether the original or a modified one), quash all or any of those terms,dwhere 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 Natural England as to the terms on which they are to give consent.6The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—anotices of appeal and supporting documentation required, andbhow appeals are to be brought and considered,and any such regulations may make different provision for different cases and circumstances.7A statutory instrument containing regulations under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.8The 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.9Schedule 10A shall have effect with respect to appointments under subsection (8).10 Subsections (2) to (5) of section 250 of the Local 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— ato 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; andbto the Minister causing an inquiry to be held were to the Secretary of State.11 Section 322A of the Town 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.12In relation to Wales this section has effect as if for subsections (10) and (11) there were substituted—10Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section. Statutory undertakers, etc.: general duty.28G1An 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.2The 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.3The following are section 28G authorities—a a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or a Government department; bthe National Assembly for Wales;ca local authority;da person holding an office—iunder the Crown,iicreated or continued in existence by a public general Act of Parliament, oriiithe remuneration in respect of which is paid out of money provided by Parliament;e a statutory undertaker . . . ; and fany other public body of any description.4 “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. Statutory undertakers, etc.: duty in relation to carrying out operations.28H1A section 28G authority shall give notice to Natural 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.2Subsection (1) applies even if the operations would not take place on land included in a site of special scientific interest.3In response to the notice referred to in subsection (1), Natural England may send a notice—asaying that they do not assent to the proposed operations, orbassenting to them (with or without conditions),but if they do not send a notice under paragraph (b) within the period of 28 days beginning with the date of the notice under subsection (1) they shall be treated as having declined to assent.4If Natural England do not assent, or if the authority proposes to carry out the operations otherwise than in accordance with the terms of the Council’s assent, the authority—ashall not carry out the operations unless the condition set out in subsection (5) is satisfied, andbshall comply with the requirements set out in subsection (6) when carrying them out.5The condition is that the authority has, after the expiry of the period of 28 days beginning with the date of the notice under subsection (1), notified the Council of—athe date on which it proposes to start the operations (which must be after the expiry of the period of 28 days beginning with the date of the notification under this paragraph), andbhow (if at all) it has taken account of any written advice it received from Natural England, before the date of the notification under this paragraph, in response to the notice under subsection (1).6The requirements are—athat the authority carry out the operations in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological or physiographical features by reason of which the site is of special interest (taking account, in particular, of any such advice as is referred to in subsection (5)(b)); andbthat the authority restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur. Statutory undertakers, etc.: duty in relation to authorising operations. 28I1This section applies where the permission of a section 28G authority is needed before operations may be carried out.2Before 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 Natural England.3Subsection (2) applies even if the operations would not take place on land included in a site of special scientific interest.4The 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 Natural England have notified the authority that it need not wait until then.5The authority shall take any advice received from Natural England into account—ain deciding whether or not to permit the proposed operations, andbif it does decide to do so, in deciding what (if any) conditions are to be attached to the permission.6If Natural 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—ashall give notice of the permission, and of its terms, to Natural England, the notice to include a statement of how (if at all) the authority has taken account of the Council’s advice, andbshall 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). Management schemes.28J1Natural England may formulate a management scheme for all or part of a site of special scientific interest.2A management scheme is a scheme for—aconserving the flora, fauna, or geological or physiographical features by reason of which the land (or the part of it to which the scheme relates) is of special interest; orbrestoring them; orcboth.3Natural England shall serve notice of a proposed management scheme on every owner and occupier of any of the land (or the part of it to which the scheme would relate); but it may be served on them only after they have been consulted about the proposed management scheme.4The notice may be served with the notification referred to in section 28(1)(b) or afterwards.5The owners and occupiers upon whom the notice must be served (referred to in this section as “the relevant owners and occupiers”) are—aif it is served with the notification under section 28(1)(b), or later but before the notification referred to in section 28(5)(b), the owners and occupiers referred to in section 28(1)(b);bif it is served with the notification under section 28(5)(b) or later, the owners and occupiers of such of the land as remains subject to the notification.6The notice of a proposed management scheme must include a copy of the proposed scheme.7The notice must specify the time (not being less than three months from the date of the giving of the notice) within which, and the manner in which, representations or objections with respect to the proposed management scheme may be made; and Natural England shall consider any representation or objection duly made.8Where a notice under subsection (3) has been given, Natural England may within the period of nine months beginning with the date on which the notice was served on the last of the relevant owners and occupiers either—agive notice to the relevant owners and occupiers withdrawing the notice, orbgive 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.9A notice under subsection (3) shall cease to have effect—aon the giving of a notice of withdrawal under subsection (8)(a) to any of the relevant owners and occupiers; orbif not withdrawn or confirmed by notice under subsection (8) within the period of nine months referred to there, at the end of that period.10Natural 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.11Natural England may at any time cancel or propose the modification of a management scheme.12In relation to—athe cancellation of a management scheme, subsections (3) to (5) apply, andba proposal to modify a management scheme, subsections (3) to (10) apply,as they apply in relation to a proposal for a management scheme.13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Management notices.28K1Where it appears to Natural England that—aan owner or occupier of land is not giving effect to a provision of a management scheme, andbas 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”).2They 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.3A management notice is a notice requiring the owner or occupier to—acarry out such work on the land, andbdo 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.4The work and other things specified in the notice must appear to Natural 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.5The management notice must explain the effect of subsection (7) and (8) and of sections 28L and 28M(2) to (4).6A copy of the management notice must be served on every other owner and occupier of the land.7If 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, Natural England may—aenter the land, and any other land, and carry out the work, or do the other things; andbrecover 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.8If 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. Appeals against management notices.28L1A 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—athe expiry of the period for appealing against it; orbif an appeal is brought, its withdrawal or final determination.2An 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.3Where 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.4Before determining an appeal, the Secretary of State may, if he thinks fit—acause 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), orbcause a local inquiry to be held,and he must act as mentioned in paragraph (a) or (b) if either party to the appeal (or, in a case falling within subsection (2), any of the other persons mentioned there) asks to be heard in connection with the appeal.5On determining the appeal, the Secretary of State may quash or affirm the management notice; and if he affirms it, he may do so either in its original form or with such modifications as he thinks fit.6In particular, on determining an appeal whose grounds are, or include, those mentioned in subsection (2), the Secretary of State may—avary the management notice so as to impose its requirements (or some of them) upon any such other person as is referred to in the grounds; orbdetermine that a payment is to be made by any such other person to the appellant.7In exercising his powers under subsection (6), the Secretary of State must take into account, as between the appellant and any of the other people referred to in subsection (2)—atheir relative interests in the land (considering both the nature of the interests and the rights and obligations arising under or by virtue of them);btheir relative responsibility for the state of the land which gives rise to the requirements of the management notice; andcthe relative degree of benefit to be derived from carrying out the requirements of the management notice.8The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about—athe period within which and the manner in which appeals are to be brought, andbthe manner in which they are to be considered,and any such regulations may make different provision for different cases or circumstances.9A statutory instrument containing regulations under subsection (8) shall be subject to annulment in pursuance of a resolution of either House of Parliament.10The 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.11Schedule 10A shall have effect with respect to appointments under subsection (10).12 Subsections (2) to (5) of section 250 of the Local 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— ato 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; andbto the Minister causing an inquiry to be held were to the Secretary of State.13 Section 322A of the Town 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. 14In relation to Wales this section has effect as if for subsections (12) and (13) there were substituted—12Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section. Payments.28M1Where Natural 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.2Natural 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.3The amount of a payment under this section is to be determined by Natural England in accordance with guidance given and published by the Ministers.4Section 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. Compulsory purchase.28N1Natural England may in circumstances set out in subsection (2) acquire compulsorily all or any part of a site of special scientific interest.2The circumstances are—athat Natural 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; orbthat Natural 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.3A 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.4Where Natural England have acquired land compulsorily under this section, they may—amanage it themselves; orbdispose of it, or of any interest in it, on terms designed to secure that the land is managed satisfactorily.5Section 103 of the 1949 Act (general provisions as to acquisition of land) applies for the purposes of this section as it applies for the purposes of that Act. Offences.28P1A person who, without reasonable excuse, contravenes section 28E(1) is guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine.2A section 28G authority which, in the exercise of its functions, carries out 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—awithout first complying with section 28H(1), orb(if it has complied with section 28H(1)) without first complying with section 28H(4)(a),is, unless there was a reasonable excuse for carrying out the operation without complying, guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine.3A section 28G authority acting in the exercise of its functions which, having complied with section 28H(1), fails without reasonable excuse to comply with section 28H(4)(b) is guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine.4For the purposes of subsections (1), (2) and (3), it is a reasonable excuse in any event for a person to carry out an operation (or to fail to comply with a requirement to send a notice about it) if—a subject to subsection (5), the operation in question was authorised by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990 or permitted by a section 28G authority which has acted in accordance with section 28I; or bthe operation in question was an emergency operation particulars of which (including details of the emergency) were notified to Natural England as soon as practicable after the commencement of the operation.5If 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.5AA 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—awithout first complying with section 28I(2), orbwhere 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, or on conviction on indictment, to a fine.5BFor the purposes of subsection (5A), it is a reasonable excuse in any event for a section 28G authority to permit the carrying out of an operation without first complying with section 28I(2), (4) or (6) if the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to Natural England as soon as practicable after the permission was given.6A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—aintentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which land is of special interest, or intentionally or recklessly disturbs any of those fauna, andbknew that what he destroyed, damaged or disturbed was within a site of special scientific interest,is guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine.6AA person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—aintentionally or recklessly destroys or 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, orbintentionally or recklessly disturbs any of those fauna,is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.7It is a reasonable excuse in any event for a person to do what is mentioned in subsection (6) or (6A) if—aparagraph (a) or (b) of subsection (4) is satisfied in relation to what was done (reading references there to an operation as references to the destruction, damage or disturbance referred to in subsection (6) or (6A)), andbwhere appropriate, subsection (5) is also satisfied, reading the reference there to an operation in the same way.8A 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.9In 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.10Proceedings 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 Natural England.11 In this section, “a section 28G authority” means an authority to which section 28G applies. Change of owner or occupier.28Q1This section applies where the owner of land included in a site of special scientific interest—adisposes of any interest of his in the land; orbbecomes aware that it is occupied by an additional or a different occupier.2If this section applies, the owner shall send a notice to Natural 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.3The notice is to specify the land concerned and—ain 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; orbin 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.4A 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. Byelaws.28R1Natural England may make byelaws for the protection of a site of special scientific interest.2The 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—asubsections (2) and (3) of section 20 (reading references there to nature reserves as references to sites of special scientific interest); andbsections 106 and 107.<Addition ChangeId="d29p7479" CommentaryRef="c19495891">Notices and signs relating to SSSIs</Addition>28S1Natural England may, on any land included in a site of special scientific interest, put up and maintain notices or signs relating to the site.2Natural England may remove any notice or sign put up under subsection (1).3Any 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.4A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. Special protection for certain areas of special scientific interest.29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation where order is made under s. 29.30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p7541" CommentaryRef="c4944371">Restoration following offence under section 28P.</Addition>311Where—athe 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, orba person is convicted of an offence under section 28P(6) or (6A),the court by which he is convicted, in addition to dealing with him in any other way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations (whether on land included in the site of special scientific interest or not) as may be so specified for the purpose of restoring the site of special scientific interest to its former condition.2An order under this section made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person’s conviction any such order does not take effect, and on appeal to the Supreme Court the conviction is restored by the Supreme Court, the Supreme Court may make any order under this section which could be made on his conviction by the court which convicted him.3In the case of an order under this section made by a magistrates’ court the period specified in the order shall not begin to run—ain any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates’ court;bwhere notice of appeal is given within the period so prescribed, until determination of the appeal.4At any time before an order under this section has been complied with or fully complied with, the court by which it was made may, on the application of the person against whom it was made, discharge or vary the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary.5If, within the period specified in an order under this section, the person against whom it was made fails, without reasonable excuse, to comply with it, he shall be liable on summary conviction—ato a fine not exceeding level 5 on the standard scale; andbin the case of a continuing offence, to a further fine not exceeding £100 for each day during which the offence continues after conviction.6If, within the period specified in an order under this section, any operations specified in the order have not been carried out, Natural England may enter the land and carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by them in doing so.7In the application of this section to Scotland—asubsections (2) and (3) shall not apply; andbfor the purposes of any appeal or review, an order under this section is a sentence. Duties of agriculture Ministers with respect to areas of special scientific interest.321Where an application for a farm capital grant is made as respects expenditure incurred or to be incurred for the purpose of activities on land included in a site of special scientific interest. . ., the appropriate Minister—ashall, so far as may be consistent with the purposes of the 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; andbwhere Natural 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.2Where, in consequence of an objection by Natural 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), Natural 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—aimposing restrictions as respects those activities; andbproviding for the making by them of payments to the applicant.2ASubsection (2) has effect in relation to Wales as if the reference to an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act were a reference to an agreement under section 16 of the Environment (Wales) Act 2016.3In this section— “the appropriate Minister” means the Minister responsible for determining the application; “farm capital grant” means— aa grant under a scheme made under section 29 of the Agriculture Act 1970; orba 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 EU instrument in pursuance of which the regulations were made. Ministerial guidance as respects areas of special scientific interest.331The Ministers shall from time to time, after consultation with Natural England and such persons appearing to them to represent other interests concerned as they consider appropriate—aprepare codes containing such recommendations, advice and information as they consider proper for the guidance of—ipersons exercising functions under sections 28 to 32; andiipersons affected or likely to be affected by the exercise of any of those functions; andbrevise any such code by revoking, varying, amending or adding to the provisions of the code in such manner as the Ministers think fit.2A 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.3Subject 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. Limestone pavement orders.341Natural England must notify any local planning authority of any limestone pavement in that authority's area.2Where 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.3The relevant authority may, after consultation with Natural 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.4If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable on summary conviction, or on conviction on indictment, to a fine.5It 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 Part III of the Town and Country Planning Act 1990. . . .6In this section—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“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; “the relevant authority” means— in relation to a non-metropolitan county in England, the county planning authority and, in relation to any other area in England, the local planning authority;in relation to any area in Wales, the local planning authority; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <Emphasis><CommentaryRef Ref="c20668011"/><Addition ChangeId="d29p7973" CommentaryRef="c19762741">Nature reserves, </Addition><Addition ChangeId="d29p7973" CommentaryRef="c19762741">... and Ramsar sites</Addition></Emphasis><Addition ChangeId="d29p7973" CommentaryRef="c19762741">Meaning of “appropriate conservation body”</Addition>34AIn the following provisions of this Part “the appropriate conservation body” means—ain relation to England, Natural England;bin relation to Wales, the Natural Resources Body for Wales;cin relation to Scotland, Scottish Natural Heritage. National nature reserves.351Where the appropriate conservation body are satisfied that any land which—ais being managed as a nature reserve under an agreement entered into with the appropriate conservation body;bis held by the appropriate conservation body and is being managed by them as a nature reserve; orcis 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.1AThe land which may be declared to be a national nature reserve in England or Wales includes—aany land lying above mean low water mark;bany land covered by estuarial waters.1BWhere the area of land to which a declaration under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—aarea B adjoins area A, andbany of the conditions in subsection (1C) is satisfied.1CThe conditions are—athat the flora, fauna or features leading to the management of area A as a nature reserve is or are also present in area B;bthat the management of area A as a nature reserve is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B;cthat, without the inclusion of area B, the identification of the boundary of the land declared to be a national nature reserve (either in the declaration or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.1DThe ministerial authority may issue guidance to the appropriate conservation body about the exercise of the power conferred by subsection (1B) to make a declaration in relation to land lying below mean low water mark.“The ministerial authority” has the meaning given by section 35A(12).2A declaration by the 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.3On the application of the approved body concerned, the 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.4Subsections (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 20.5In this section—“approved body” means a body approved by the appropriate conservation body for the purposes of this section;“nature reserve” has the same meaning as in Part III of the 1949 Act.<Addition ChangeId="d29p8186" CommentaryRef="c20667921">Power to call in subtidal declarations</Addition>35A1This section applies where—athe appropriate conservation body propose to declare land to be a national nature reserve under section 35(1), andbthe land to which the proposed declaration relates includes, by virtue of section 35(1B), land lying below mean low water mark (“the subtidal land”).2The appropriate conservation body may not declare the reserve unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.3At any time before the reserve is declared the ministerial authority may give notice to the appropriate conservation body that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.4If the ministerial authority gives notice under subsection (3), the appropriate conservation body may not declare the reserve until the ministerial authority has given a direction under subsection (5).5The ministerial authority may direct—athat the reserve (if declared) must include all of the subtidal land;bthat the reserve (if declared) must not include any of the subtidal land;cthat the reserve (if declared) must, or must not, include such part of that land as is specified in the direction;dthat the decision whether the reserve (if declared) should include the subtidal land is to be taken by the appropriate conservation body.6The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—aappearing before and being heard by a person appointed by the ministerial authority for that purpose;bproviding written representations to such a person.7A person appointed under subsection (6) must make a report to the ministerial authority of any oral or written representations made under that subsection.8The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (6).9The power to make regulations under subsection (8) is exercisable by statutory instrument.10A 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.11A 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.12In this section “the ministerial authority” means—ain relation to England, the Secretary of State;bin relation to Wales, the Welsh Ministers. Marine nature reserves.36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Byelaws for protection of marine nature reserves.37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ramsar sites.37A1Where a wetland in Great Britain has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article, the Secretary of State shall—anotify Natural England if all or part of the wetland is in England;bnotify the Natural Resources Body for Wales if it is in Wales; orcnotify both of them if it is partly in England and partly in Wales.2Subject to subsection (3), upon receipt of a notification under subsection (1), each body notified shall, in turn, notify—athe local planning authority in whose area the wetland is situated;bevery owner and occupier of any of that wetland; and c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .devery relevant undertaker (within the meaning of section 4(1) of the Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the Land Drainage Act 1991) whose works, operations or activities may affect the wetland.2ASubject to subsection (3), upon receipt of a notification under subsection (1), Natural England shall, in turn, notify the Environment Agency.2BSubject to subsection (3), upon receipt of a notification under subsection (1) relating to a wetland all or part of which is in the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, the Natural Resources Body for Wales shall, in turn, notify that corporate joint committee.3Natural England and the Natural Resources Body for Wales may agree that in a case where the Secretary of State notifies both of them under subsection (1)(c), any notice under subsection (2) is to be sent by one or the other of them (and not both), so as to avoid duplicate notices under that subsection.4Subject to subsection (5), the “Ramsar Convention” is the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by—athe Protocol known as the Paris Protocol done at Paris on 3rd December 1982; andbthe 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 1987.5If 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).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Countryside Management agreements with owners and occupiers of land.391A relevant authority may, for the purpose of conserving or enhancing the natural beauty or amenity of any land which is . . . 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.2Without prejudice to the generality of subsection (1), a management agreement—amay 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;bmay confer on the relevant authority power to carry out works for the purpose of performing their functions under the 1949 Act and the 1968 Act; andcmay contain such incidental and consequential provisions (including provisions for the making of payments by either party to the other) as appear to the relevant authority to be necessary or expedient for the purposes of the agreement.3The provisions of a management agreement with any person interested in the land shall, unless the agreement otherwise provides, be binding on persons deriving title under or from that person and be enforceable by the relevant authority against those persons accordingly.4Schedule 2 to the Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants) shall apply to management agreements as it applies to forestry dedication covenants.5In this section “the relevant authority” means—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .aaas respects land within the Broads, the Broads Authority;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cas respects any other land, the local planning authority.d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .fas respects land in any area of outstanding natural beauty designated under section 82 of the Countryside and Rights of Way Act 2000 for which a conservation board has been established under section 86 of that Act, that board.6The powers conferred by this section on a relevant authority shall be in addition to and not in derogation of any powers conferred on such an authority by or under any enactment. Experimental schemes.40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties of agriculture Ministers with respect to the countryside.411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2In the exercise of his general duty under section 4(2) of the Small Landholders (Scotland) Act 1911 of promoting the interests of agriculture and other rural industries, and without prejudice to the generality of that duty, the Secretary of State shall make provision, through such organisation as he considers appropriate, for the giving of aadvice to persons carrying on agricultural businesses on the conservation and enhancement of the natural beauty and amenity of the countryside;badvice to such persons on diversification into other enterprises of benefit to the rural economy; andcadvice to government departments and other bodies exercising statutory functions on the promotion and furtherance of such diversification as is mentioned in paragraph (b).3Where an application for a farm capital grant is made as respects expenditure incurred or to be incurred for the purposes of activities on land which is in a National Park (including a National Park in Scotland)or an area specified for the purposes of this subsection by the Ministers, the appropriate Minister—ashall, so far as may be consistent with the purposes of the the 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; andbwhere 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;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4Where, 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—aimposing restrictions as respects those activities; andbproviding for the making by them of payments to the applicant.5In this section— “agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970; “the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32;“management agreement” means—in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, andin relation to Wales, an agreement under section 39 or under section 16 of the Environment (Wales) Act 2016;“the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England and in relation to Wales it also includes the Natural Resources Body for Wales.5AFor the purposes of this section the Broads shall be treated as a National Park (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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . National Parks<Addition ChangeId="d29p9165" CommentaryRef="c19896771">Application of sections 42 to 45 in Wales</Addition>41AIn 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 Natural Resources Body for Wales. Notification of agricultural operations on moor and heath in National Parks.421A National Park authority may, if satisfied that it is expedient to do so, by order apply subsection (2) to any land which is comprised in the relevant Park and which appears to them to consist of or include moor or heath.2Subject to subsection (3), no person shall—aby ploughing or otherwise convert into agricultural land any land to which this subsection applies and which is moor or heath which has not been agricultural land at any time within the preceding 20 years; orbcarry out on any such land any other agricultural operation or any forestry operation which (in either case) appears to the National Park authority to be likely to affect its character or appearance and is specified in the order applying this subsection to that land.3Subsection (2) shall not apply in relation to any operation carried out, or caused or permitted to be carried out, by the owner or occupier of the land if—aone of them has, after the coming into force of the order, given the National Park authority written notice of a proposal to carry out the operation, specifying its nature and the land on which it is proposed to carry it out; andbone of the conditions specified in subsection (4) is satisfied.4The said conditions are—athat the National Park authority have given their consent to the carrying out of the operation;bwhere that authority have neither given nor refused their consent, that three months have expired from the giving of the notice; andcwhere that authority have refused their consent, that twelve months have expired from the giving of the notice.5A person who, without reasonable excuse, contravenes subsection (2) shall be liable—aon summary conviction, to a fine not exceeding the statutory maximum;bon conviction on indictment, to a fine.6Where the National Park authority are given notice under this section in respect of any land, the authority shall forthwith send copies of the notice to Natural England .7In 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.8An 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.9The 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. Maps of National Parks showing certain areas of moor or heath.431Every local planning authority whose area comprises the whole or any part of a National Park shall—abefore the expiration of the period of two years beginning with the relevant date, prepare a map of the Park or the part thereof showing any areas to which this section applies whose natural beauty it is, in the opinion of the authority, particularly important to conserve; andbat 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.1AIn considering under subsection (1) whether any area to which this section applies is one whose natural beauty it is particularly important to conserve, a local planning authority shall act in accordance with the guidelines from time to time issued . . . under subsection (1B).1BNatural England shall issue guidelines for the guidance of county planning authorities in considering as mentioned in subsection (1A), and Natural England may from time to time revise any guidelines so issued.1CBefore issuing or revising any guidelines under subsection (1B) Natural England shall consult such bodies as appear to them to represent interests concerned; and before preparing or revising any map under subsection (1) a local 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.2The 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.3This 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). Grants and loans for purposes of National Parks.441. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1A. . .the National Park authority for such a Park may give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the authority, is conducive to the attainment in the Park in question of any of the purposes mentioned in section 5(1) of the 1949 Act (purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).2On making a grant or loan under this section the authority in question may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.3The authority in question shall so exercise their powers under subsection (2) as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted, whether on payment or otherwise, shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, insofar as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled.4For the purposes of this section the Broads Authority shall be treated as a National Park authority and the Broads as a National Park for which it is the local planning authority. Power to vary order designating National Park.45 1Natural England(as well as the Secretary of State) shall have power to make an order amending an order made under section 5 of the 1949 Act designating a National Park . . . , and—asection 7(5) and (6) of that Act (consultation and publicity in connection with orders under section 5 or 7) shall apply to an order under this section as they apply to an order under section 7(4) of that Act with the substitution for the reference in section 7(5) to the Secretary of State of a reference to Natural England ; andbSchedule 1 to that Act (procedure in connection with the making and confirmation of orders under section 5 or 7) shall apply to an order under this section as it applies to an order designating a National Park.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Miscellaneous and supplemental<Substitution ChangeId="d29p9542" CommentaryRef="c19488411">Grants to the Countryside Council for Wales</Substitution>47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c4947211"/>48 Extension of power to appoint wardens.491This section applies to any land in a National Park or in the countryside if—athe public are allowed access to the land; andbthere is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority, the Natural Resources Body for Wales or Natural England to appoint wardens as respects that land.2Subject 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.3The only purpose for which wardens may be appointed by virtue of subsection (2) is to advise and assist the public.4Notwithstanding the provisions of section 41(8) of the 1968 Act (Natural England or the Natural Resources Body 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 Natural England or the Natural Resources Body for Wales any additional power to appoint wardens. Payments under certain agreements offered by authorities.501This section applies where—aNatural England or the Natural Resources Body for Wales offer to enter into a nature reserve agreement or an SSSI agreement ... providing for the making by them of payments to any person; orbthe 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.2Subject 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.3If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator . . . 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—aamend the offer so as to give effect to the arbitrator’s . . . determination; orbexcept 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.4In this section— “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.“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. Powers of entry.511Any 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—ato determine whether the land should be notified under section 28(1);bto 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;cto determine whether or not to offer to enter into a nature reserve agreement or an SSSI agreement ... in relation to the land;dto 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;eto 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;fto formulate a management scheme for the land or determine whether a management scheme (or a proposed management scheme) for the land should be modified;gto prepare a management notice for the land;hto ascertain whether the terms of a nature reserve agreement or an SSSI agreement ... 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;ito determine whether or not to offer to make a payment under section 28M in relation to the land;jto determine any question in relation to the acquisition of the land by agreement or compulsorily;kto determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act;kafor the purposes of putting up, maintaining or removing notices or signs under section 28S;lto 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;mto 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.1AThe 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).1BMore than one person may be authorised for the time being under subsection (1) to enter any land.2In subsection (1) “the relevant authority” means—afor the purposes of paragraphs (a) to (ka) of that subsection, Natural England or the Natural Resources Body for Wales;bfor the purposes of paragraph (l) of that subsection, the Secretary of State or the relevant authority within the meaning of section 34;cfor the purposes of paragraph (m) of that subsection, . . . the National Park authority.2AIn 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.3A person shall not demand admission as of right to any land which is occupied unless either—a24 hours notice of the intended entry has been given to the occupier; orbthe purpose of the entry is to ascertain if an offence under section 28P, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land.3AA person acting in the exercise of a power conferred by subsection (1) may—ause a vehicle or a boat to enter the land;btake a constable with him if he reasonably believes he is likely to be obstructed;ctake with him equipment and materials needed for the purpose for which he is exercising the power of entry;dtake samples of the land and of anything on it.3BIf in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.4Any person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.5It is the duty of a relevant authority to compensate any person who has sustained damage as a result of—athe exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, orbthe 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.<Addition ChangeId="d29p10047" CommentaryRef="c19491771">Summary prosecutions</Addition>51A1Proceedings 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.2But 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.3For 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.4A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved. Interpretation of Part II.521In 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; “estuarial waters” has the meaning given by section 28(9A); “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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “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); 2 In the application of this Part to England (except as respects a National Park for which a National Park authority is the local planning authority, a metropolitan county or Greater London) . . . references to a local planning authority shall be construed— a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b . . . 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 and, in sections 28 to 28D, shall also be construed in accordance with section 28(10);.2AWhere a notification under section 28(1)(b) has been—amodified under section 28(5)(b),bvaried under section 28A(3), orcvaried with modifications under section 28A(5)(b),dextended under section 28B(2), oreextended 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.2BReferences 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 subject to rights of common (within the meaning of the Commons Act 2006), “occupier” includes the commoners or any of them; and a “common land” means common land as defined in section 22 of the Commons Registration Act 1965; and b “commoner” means a person with rights of common as defined in that section.the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land3References 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.4Section 114 of the 1949 Act shall apply for the construction of this Part.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III Public Rights of Way Ascertainment of public rights of way Duty to keep definitive map and statement under continuous review.531In this Part “definitive map and statement”, in relation to any area, means, subject to section 57(3) and 57A(1),—athe latest revised map and statement prepared in definitive form for that area under section 33 of the 1949 Act; orbwhere no such map and statement have been so prepared, the original definitive map and statement prepared for that area under section 32 of that Act; orcwhere no such map and statement have been so prepared, the map and statement prepared for that area under section 55(3).2As regards every definitive map and statement, the surveying authority shall—aas soon as reasonably practicable after the commencement date, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence, before that date, of any of the events specified in subsection (3); andbas from that date, keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence, on or after that date, of any of those events, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of that event.3The events referred to in subsection (2) are as follows—athe coming into operation of any enactment or instrument, or any other event, whereby—ia highway shown or required to be shown in the map and statement has been authorised to be stopped up, diverted, widened or extended;iia highway shown or required to be shown in the map and statement as a highway of a particular description has ceased to be a highway of that description; oriiia new right of way has been created over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path or a restricted byway;bthe expiration, in relation to any way in the area to which the map relates, of any period such that the enjoyment by the public of the way during that period raises a presumption that the way has been dedicated as a public path or restricted byway ;cthe discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows—ithat a right of way which is not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path , a restricted byway or, subject to section 54A, a byway open to all traffic;iithat a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description; oriiithat there is no public right of way over land shown in the map and statement as a highway of any description, or any other particulars contained in the map and statement require modification.4The modifications which may be made by an order under subsection (2) shall include the addition to the statement of particulars as to—athe position and width of any public path , restricted byway or byway open to all traffic which is or is to be shown on the map; andbany limitations or conditions affecting the public right of way thereover.4ASubsection (4B) applies to evidence which, when considered with all other relevant evidence available to the surveying authority, shows as respects a way shown in a definitive map and statement as a restricted byway that the public have, and had immediately before the commencement of section 47 of the Countryside and Rights of Way Act 2000, a right of way for vehicular and all other kinds of traffic over that way.4BFor the purposes of subsection (3)(c)(ii), such evidence is evidence which, when so considered, shows that the way concerned ought, subject to section 54A, to be shown in the definitive map and statement as a byway open to all traffic.5Any person may apply to the authority for an order under subsection (2) which makes such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (b) or (c) of subsection (3); and the provisions of Schedule 14 shall have effect as to the making and determination of applications under this subsection.5AEvidence to which subsection (4B) applies on the commencement of section 47 of the Countryside and Rights of Way Act 2000 shall for the purposes of subsection (5) and any application made under it be treated as not having been discovered by the surveying authority before the commencement of that section.6Orders 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). Power to include modifications in other orders.53A1This section applies to any order—awhich is of a description prescribed by regulations made by the Secretary of State,bwhose coming into operation would, as regards any definitive map and statement, be an event within section 53(3)(a),cwhich is made by the surveying authority, anddwhich does not affect land outside the authority’s area.2The 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.3An authority which has included any provision in an order by virtue of subsection (2)—amay at any time before the order comes into operation, andbshall, 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.4Anything 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.5No 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.6Provisions included in an order by virtue of subsection (2) shall take effect on the date specified under section 56(3A) as the relevant date.7Where 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—athat it is not within the powers of this Part, orbthat any requirement of this Part or of regulations made under it has not been complied with.8Subject 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).9Regulations 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. Register of applications under section 53.53B1Every 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).2The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with.3Regulations 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.4Regulations may make provision—afor a specified part of the register to contain copies of applications and of the maps submitted with them, andbfor the entry relating to any application, and everything relating to it, to be removed from any part of the register when—ithe application (including any appeal to the Secretary of State) has been finally disposed of, andiiif 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).5Every register kept under this section shall be available for inspection free of charge at all reasonable hours.6In 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. Duty to reclassify roads used as public paths.54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BOATs not to be added to definitive maps.54A1No order under this Part shall, after the cut-off date, modify a definitive map and statement so as to show as a byway open to all traffic any way not shown in the map and statement as a highway of any description.2In this section “the cut-off date” means, subject to regulations under subsection (3), 1st January 2026.3The Secretary of State may make regulations—asubstituting as the cut-off date a date later than the date specified in subsection (2) or for the time being substituted under this paragraph;bcontaining such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the operation of subsection (1), including in particular its operation in relation to—ian order under section 53(2) for which on the cut-off date an application is pending,iian order under this Part which on that date has been made but not confirmed,iiian order under section 55 made after that date, orivan order under this Part relating to any way as respects which such an order, or any provision of such an order, has after that date been to any extent quashed.4Regulations under subsection (3)(a)—amay specify different dates for different areas; butbmay not specify a date later than 1st January 2031, except as respects an area within subsection (5).5An area is within this subsection if it is in—athe Isles of Scilly, orban area which, at any time before the repeal by section 73 of this Act of sections 27 to 34 of the 1949 Act—iwas excluded from the operation of those sections by virtue of any provision of the 1949 Act, oriiwould have been so excluded but for a resolution having effect under section 35(2) of that Act.6Where 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.7Where 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.8An 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. No further surveys or reviews under the 1949 Act.551No survey under sections 27 to 32 of the 1949 Act, or review under section 33 of that Act, shall be begun after the commencement date; and where on that date a surveying authority have not completed such a survey or review begun earlier, the Secretary of State may, after consultation with the authority, direct the authority—ato complete the survey or review; orbto abandon the survey or review to such extent as may be specified in the direction.2Where such a survey or review so begun is abandoned, the Secretary of State shall give such notice of the abandonment as appears to him requisite.3Where, in relation to any area, no such survey has been so begun or such a survey so begun is abandoned, the surveying authority shall prepare for that area a map and statement such that, when they have been modified in accordance with the provisions of this Part, they will serve as the definitive map and statement for that area.4Where such a survey so begun is abandoned after a draft map and statement have been prepared and the period for making representations or objections has expired, the authority shall by order modify the map and statement prepared under subsection (3) so as—ato give effect to any determination or decision of the authority under section 29(3) or (4) of the 1949 Act in respect of which either there is no right of appeal or no notice of appeal has been duly served;bto give effect to any decision of the Secretary of State under section 29(6) of that Act; andcto show any particulars shown in the draft map and statement with respect to which no representation or objection has been duly made, or in relation to which all such representations or objections had been withdrawn.5Where such a review so begun is abandoned after a draft map and statement have been prepared and the period for making representations or objections has expired, the authority shall by order modify the map and statement under review so as—ato give effect to any decision of the Secretary of State under paragraph 4(4) of Part II of Schedule 3 to the 1968 Act; andbto show any particulars shown in the draft map and statement but not in the map and statement under review, and to omit any particulars shown in the map and statement under review but not in the draft map and statement, being (in either case) particulars with respect to which no representation or objection has been duly made, or in relation to which all such representations or objections have been withdrawn.6Orders under subsection (4) or (5) shall take effect on their being made.7Every way which—ain pursuance of an order under subsection (5) is shown in a definitive map and statement as a byway open to all traffic, a bridleway or a footpath, andbbefore 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.8Subsection (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. Effect of definitive map and statement.561A definitive map and statement shall be conclusive evidence as to the particulars contained therein to the following extent, namely—awhere the map shows a footpath, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover a right of way on foot, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than that right;bwhere the map shows a bridleway, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way on foot and a right of way on horseback or leading a horse, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than those rights;cwhere the map shows a byway open to all traffic, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way for vehicular and all other kinds of traffic;dwhere the map shows a restricted byway, the map shall , subject to subsection (2A), be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way on foot and a right of way on horseback or leading a horse together with a right of way for vehicles other than mechanically propelled vehicles, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than those rights; andewhere by virtue of the foregoing paragraphs the map is conclusive evidence, as at any date, as to a highway shown thereon, any particulars contained in the statement as to the position or width thereof shall be conclusive evidence as to the position or width thereof at that date, and any particulars so contained as to limitations or conditions affecting the public right of way shall be conclusive evidence that at the said date the said right was subject to those limitations or conditions, but without prejudice to any question whether the right was subject to any other limitations or conditions at that date.1AIn subsection (1)(d) “mechanically propelled vehicle” does not include an electrically assisted pedal cycle of a class prescribed for the purposes of section 189(1)(c) of the Road Traffic Act 1988.2For the purposes of this section “the relevant date”—ain relation to any way which is shown on the map otherwise than in pursuance of an order under the foregoing provisions of this Part or an order to which section 53A applies which includes provision made by virtue of subsection (2) of that section, means , subject to subsection (2A), the date specified in the statement as the relevant date for the purposes of the map;bin relation to any way which is shown on the map in pursuance of such an order, means the date which, in accordance with subsection (3) or (3A), is specified in the order as the relevant date for the purposes of the order.2AIn the case of a map prepared before the date of the coming into force of section 47 of the Countryside and Rights of Way Act 2000—asubsection (1)(d) and (e) have effect subject to the operation of any enactment or instrument, and to any other event, whereby a way shown on the map as a restricted byway has, on or before that date—ibeen authorised to be stopped up, diverted or widened, oriibecome a public path, andbsubsection (2)(a) has effect in relation to any way so shown with the substitution of that date for the date mentioned there.3Every order under the foregoing provisions of this Part shall specify, as the relevant date for the purposes of the order, such date, not being earlier than six months before the making of the order, as the authority may determine.3AEvery order to which section 53A applies which includes provision made by virtue of subsection (2) of that section shall specify, as the relevant date for the purposes of the order, such date as the authority may in accordance with regulations made by the Secretary of State determine.4A 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.4ARegulations 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary provisions as to definitive maps and statements.571An 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, on such scale as may be so prescribed, showing the modifications to which the order relates.2Regulations made by the Secretary of State may prescribe the scale on which maps are to be prepared under subsection (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.3Where, 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 , and for the purposes of section 57A(1), as the definitive map and statement for that area.3AWhere 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.4The 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.5As regards every definitive map and statement, the surveying authority shall keep—aa copy of the map and statement; andbcopies 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.5ASubsection (5) shall apply in relation to land in Wales as if “in each district comprised” were omitted.6Notwithstanding anything in subsection (5), an authority shall not be required to keep available for inspection more than one copy of—aany definitive map and statement; orbeach order under this Part modifying the map and statement,if, as respects the area to which that map and statement relate, a subsequent map and statement have been prepared under subsection (3); and the said single copies may be kept in such place in the area of the authority as they may determine.6AIn subsection (1), the reference to an order under the foregoing provisions of this Part includes a reference to so much of an order to which section 53A applies as contains provision made by virtue of subsection (2) of that section; and subsections (5) and (6) apply to—aorders to which section 53A applies modifying the map and statement, andbsuch documents relating to them as may be prescribed by regulations made by the Secretary of State,as those subsections apply to orders under this Part modifying the map and statement.6BRegulations under paragraph (b) of subsection (6A) may require any document to be prepared by a surveying authority for the purposes of that paragraph, and any such document shall be in such form as may be prescribed by the regulations.6CRegulations made by the Secretary of State may require any surveying authority—ato 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, orbto 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.7Every 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).8Regulations 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. Consolidation of definitive maps and statements.57A1Where—adifferent definitive maps and statements relate to different parts of a surveying authority’s area,bas 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, andcthere 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.2The 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.3References 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.4The 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.5Every 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). Application of ss. 53 to 57 to inner London.581Subject 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.2A 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.3Where 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 Prohibition on keeping bulls on land crossed by public rights of way.591If, 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 or 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 level 3 on the standard scale.2Subsection (1) shall not apply to any bull which—adoes not exceed the age of ten months; orbis not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large.3Nothing in any byelaws, whenever made, shall make unlawful any act which is, or but for subsection (2) would be, made unlawful by subsection (1).4In this section “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.5The 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 Ploughing of public rights of way.611Section 134 of the Highways Act 1980 (ploughing of footpath or bridleway) shall have effect subject to the amendments provided for by subsections (2) to (9).2Subsection (3) (7 days’ notice of intention to plough) shall be omitted.3In subsection (4) (duty to resore surface of footpath or bridleway), for paragraphs (a) and (b) there shall be substituted the following paragraphs—anot later than 2 weeks from the time when the occupier began to plough the footpath or bridleway, orbif prevented from doing so by exceptional weather conditions, as soon as practicable thereafter,.4In 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”.5After that subsection there shall be inserted the following subsection—5AA 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 £200.6In 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”.7In subsection (7) (proceedings by parish or community councils) after the words “subsection (4)” there shall be inserted the words “or (5A)”.8In 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”.9In 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”.10In 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. Appointment of wardens for public rights of way.62A 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 , 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. Orders creating, extinguishing or diverting footpaths and bridleways.63The 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. Publication of dedication of footpaths and bridleways.64At the end of section 25 of the Highways Act 1980 (creation of footpath or bridleway by agreement) there shall be inserted the following subsection—6As 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.. Signposting of byways open to all traffic.651In 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”.2After subsection (7) of that section there shall be inserted the following subsection—8In 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. Interpretation of Part III.661In 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;“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; “surveying authority”, in relation to any area, means the county council, county borough council, metropolitan district council, or London borough council whose area includes that area.2A 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.3The 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<Addition ChangeId="d29p11591" CommentaryRef="c19497291">Application of Part 1 to Crown</Addition>66A1Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown.2No 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.3Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons.4But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown.5Nothing in this Part affects Her Majesty in her private capacity.6Subsection (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.<Addition ChangeId="key-2e75fac2c1dcf87f219a6f202aa1e1f0-1488803828255" CommentaryRef="key-2e75fac2c1dcf87f219a6f202aa1e1f0" Extent="S">Application of Part 1 to Crown: Scotland</Addition>66B1Subject to subsections (2) to (5), Part 1 (including regulations and orders made under it) bind the Crown.2No contravention by the Crown of any provision made by or under Part 1 makes the Crown criminally liable but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.3Despite subsection (2), any provision made by or under Part 1 applies to persons in the public service of the Crown as it applies to other persons.4A species control order may be made under section 14D in relation to Crown land only with the consent of the appropriate authority.5The powers conferred by sections 14M and 19ZC are exercisable in relation to Crown land only with the consent of the appropriate authority.6In this section, “Crown land” means an interest in land which—abelongs to Her Majesty in right of the Crown;bbelongs to Her Majesty in right of Her private estates;cbelongs to an office-holder in the Scottish Administration or is held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration; ordbelongs to a government department or is held in trust for Her Majesty for the purposes of a government department.7In this section, the “appropriate authority”—ain the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;bin the case of any other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration who or, as the case may be, government department which manages the land or the relevant person;cin the case of land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers;din the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration, means that office-holder;ein the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that government department.7AIn subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.8The references in subsections (6)(b) and (7)(c) to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).9It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any land, and their decision is final.<Substitution ChangeId="d29p11641" CommentaryRef="c19497161">Application of Parts 2 and 3 to Crown land</Substitution>671Subject 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.1AAn 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.1BByelaws made by virtue of section 28R may apply to Crown land if the appropriate authority consents.2No order shall be made under section . . . 34 . . . or 42 in relation to Crown land unless the appropriate authority has consented to the making of that order.3An 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.4Section 101(11) of the 1949 Act (Crown land) shall apply for the construction of references in this section to the appropriate authority. Application to the Isles of Scilly.68The 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. Offences by bodies corporate etc.691Where 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.2Where 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.<Addition ChangeId="key-58842af1b7f60c4daa9f1cd56e5d1bf7-1488803759363" CommentaryRef="key-58842af1b7f60c4daa9f1cd56e5d1bf7" Extent="S">Offences by Scottish partnerships </Addition><Addition ChangeId="key-58842af1b7f60c4daa9f1cd56e5d1bf7-1488803759363" CommentaryRef="key-58842af1b7f60c4daa9f1cd56e5d1bf7" Extent="S">etc.</Addition>69AWhere a Scottish partnership or other unincorporated association is guilty of an offence under Part 1 of 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—ain relation to a Scottish partnership, any partner or any person who was purporting to act in such capacity;bin relation to an unincorporated association other than a Scottish partnership, any person who is concerned in the management or control of the association or any person who was purporting to act in any such capacity,he (as well as the partnership or, as the case may be, other unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly. Financial provisions.701There shall be defrayed out of money provided by Parliament—aany administrative expenses incurred by any Minister of the Crown under this Act; andbany increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.2Any sums received by a Minister of the Crown under this Act shall be paid into the Consolidated Fund. Service of notices.70A1Subject to subsection (2), section 329 of the Town and Country Planning Act 1990 and section 271 of the Town and Country Planning (Scotland) Act 1997 (which provide for the service of notices and other documents) shall apply to notices and other documents required or authorised to be served or given under this Act.2Subsections (2) and (3) of the said section 329 shall not apply to a notice required to be served under paragraph 2 of Schedule 14.2ASubsection (1)(cc) of the said section 271 shall not apply to a notice required to be served under section 14G.2BSubsection (2) of the said section 271 shall not apply to a notice required to be served under section 14D(5)(a).3This section shall not affect the operation of paragraph 2(4) of Schedule 11 or paragraph 3(4) of Schedule 15.<Addition ChangeId="d29p11801" CommentaryRef="c19497221">Effect of failure to serve certain notices</Addition>70B1This section applies where the relevant conservation body—ahas (whether before or after the commencement of this section) taken all reasonable steps to ensure that, under any provision listed in subsection (2), notice is served on every owner and occupier of any land to which the notice relates, butbhas failed to do so.2The provisions are—asection 28(1) (notification of SSSI);bsection 28(5) (confirmation or withdrawal of notification of SSSI);csection 28A(3) (notice varying notification under section 28);dsection 28A(5) (notice confirming or withdrawing variation of notification);esection 28B(2) (notification of additional land to be included in SSSI);fsection 28B(7) (confirmation or withdrawal of notification);gsection 28C(2) (notification of enlargement of SSSI);hsection 28C(3) (confirmation or withdrawal of notification of enlargement);isection 28D(2) (denotification);jsection 28D(5) (withdrawal or confirmation of denotification);ksection 28J(3) (notice of proposed management scheme);lsection 28J(8) (withdrawal or confirmation of management scheme).3The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.4For 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).5If 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.6Nothing in subsection (3) or (4) renders the owner or occupier liable—ain relation to anything done or omitted to be done before the commencement of this section, orbunder 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—ain relation to land in an area in England—isubject to sub-paragraph (ii), Natural England;iiin relation to any time before the commencement of section 27AA, English Nature;bin relation to land in an area in Wales, the Natural Resources Body for Wales. General interpretation.711In this Act—“the 1949 Act” means the National Parks and Access to the Countryside Act 1949;“the 1968 Act” means the Countryside Act 1968; “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;.2For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae. Minor amendments.721. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2In section 20(2) of the 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”.3In 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”.4In section 39 of the 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”.5In 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”.6In section 74(4) of the 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”.7In 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”.8In 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.9In 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”.10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11In section 31(10) of the 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.12Section 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.13In 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”.14In section 4(5) of the Zoo 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”. Repeals and savings.731The enactments mentioned in Schedule 17 are hereby repealed to the extent specified in the third column of that Schedule.2Nothing 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.3Nothing 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.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short title commencement and extent.741This Act may be cited as the Wildlife and Countryside Act 1981.2The 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; andPart 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.3The 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.4An 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.5The following provisions of this Act, namely—sections 39, 40 and 42 to 49 and Schedule 13; and Part III, do not extend to Scotland.5ASections 29 and 30 extend to Scotland only.6This 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. Protection of wild birds, their nests and eggs.11Subject to the provisions of this Part, if any person intentionally or recklessly—akills, injures or takes any wild bird;btakes, damages , destroys or otherwise interferes with the nest of any wild bird while that nest is in use or being built; orbaat any other time takes, damages, destroys or otherwise interferes with any nest habitually used by any wild bird included in Schedule A1;bbobstructs or prevents any wild bird from using its nest;ctakes or destroys an egg of any wild bird,he shall be guilty of an offence.2Subject to the provisions of this Part, if any person has in his possession or control—aany live or dead wild bird or any part of, or anything derived from, such a bird; orban egg of a wild bird or any part of such an egg,he shall be guilty of an offence.3A person shall not be guilty of an offence under subsection (2) if he shows that—athe bird or egg had not been killed or taken, or had been killed or taken at or from a place in Scotland otherwise than in contravention of the relevant provisions; . . . bthe bird, egg or other thing in his possession or control had been sold at a place in Scotland(whether to him or any other person) otherwise than in contravention of those provisions; ; orcthat the bird, egg or other thing in his possession or control had been killed at, taken from or sold at a place outwith Scotland and—ithat the act of killing, taking or sale would not, if it had been committed in Scotland, have been in contravention of the relevant provisions; oriithat 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.. . . 3AIn subsection (3)— “ the relevant provisions ” means such of the provisions of— the Protection of Birds Acts 1954 to 1967 and orders made under those Acts, andthis 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— Council Regulation 338/97/ EC on the protection of species of wild fauna and flora by regulating trade, and Commission Regulation 1808/2001/ EC on the implementation of that Council Regulation, as amended from time to time (or any EU instrument replacing either of them). 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Subject to the provisions of this Part, if any person intentionally or recklessly—adisturbs 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; orbdisturbs dependent young of such a bird,he shall be guilty of an offence. . . .5ASubject 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.5BSubject 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.5CSubject 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.6For the purposes of this section, the definition of “wild bird” in section 27(1) is to be read as not including any bird which is shown to have been bred in captivity unless—ait has been lawfully released or allowed to escape from captivity as part of a re-population or re-introduction programme; orbit is a mallard, grey or red-legged partridge, common pheasant or red grouse which is no longer in captivity and is not in a place where it was reared.7Any reference in this Part to any bird included in Schedule 1 is a reference to any bird included in Part I and, during the close season for the bird in question, any bird included in Part II of that Schedule. Exceptions to s. 1<Addition ChangeId="key-2c7892ebc1be1022646cd8cdb0557854-1474973300659" CommentaryRef="key-2c7892ebc1be1022646cd8cdb0557854" Extent="S">: acts by certain persons outside close season</Addition>.21Subject to the provisions of this section where subsection (1A) applies, a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.1AThis subsection applies where—awhatever the kind of bird in question—ithe person who killed or injured it had a legal right, or permission, to kill such a bird; oriithe person who took it had a legal right, or permission, to take such a bird; andbin the case of a bird included in Part 1B of Schedule 2—ian owner or occupier of the land on which the bird was killed, injured or taken held an unsuspended section 16AA licence; oriithe person who killed, injured or took the bird reasonably believed that an owner or occupier held an unsuspended section 16AA licence in relation to that land.1BIn subsection (1A), “permission” means permission from a person who has a right to give it.1CWhere subsection (1D) applies, a person does not commit an offence under section 1 by reason of killing or taking a bird included in Part 1B of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.1DThis subsection applies where—athe bird was killed or taken through the use of a bird of prey, or injured in an attempt to do so,beither—ithe person who killed or injured it had a legal right, or permission, to kill such a bird, oriithe person who took it had a legal right, or permission, to take such a bird, andcin the case where the person subsequently killed the injured bird, the person took all reasonable steps to kill it in a way that caused it the minimum possible suffering.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Subsection (1) shall not apply in Scotland on Sundays or on Christmas Day in relation to those birds included in Part I of Schedule 2 which are also included in Part IA of that Schedule; and subsection (1) shall not apply on Sundays in any area of England and Wales which the Secretary of State may by order prescribe for the purposes of that subsection.3ASubject to the provisions of this section, where subsection (3B) applies a person does not commit an offence under section 1 by reason of the taking for the purposes of breeding of—aa partridge or pheasant included in Part I of Schedule 2; orban egg of such a bird.3BThis subsection applies where—athe person who takes does so during the period of 28 days commencing with the first day of the close season for the bird; andbthe person who takes had—ia legal right to take such a bird; oriipermission, from a person who had a right to give permission, to take such a bird.3CA person does not commit an offence under section 1 by reason of the taking of a red grouse if—athe grouse is taken—ifor the purpose of preventing the spread of disease; andiiwith the intention of releasing it from captivity after no more than 12 hours; ...bthe person had—ia legal right to take such a grouse; oriipermission, from a person who had a right to give permission, to take such a grouse. ; andceither—ian owner or occupier of the land on which the bird was taken held an unsuspended section 16AA licence in relation to the land; oriithe person reasonably believed that an owner or occupier held an unsuspended section 16AA licence in relation to that land.4In section 1, this section and section 6 “close season” means—ain the case of capercaillie and (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September;bin the case of snipe, the period in any year commencing with 1st February and ending with 11th August;bain the case of pheasant, the period in any year commencing with 2nd February and ending with 30th September;bbin the case of partridge, the period in any year commencing with 2nd February and ending with 31st August;cin the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August;cain the case of black grouse, the period commencing with 11th December in any year and ending with 19th August in the following year;cbin the case of ptarmigan and red grouse, the period commencing with 11th December in any year and ending with 11th August in the following year;din any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August.5The Secretary of State may by order made with respect to the whole or any specified part of Great Britain vary the close season for any wild bird specified in the order.6If it appears to the Secretary of State expedient that any wild birds included in Part II of Schedule 1 or Part I of Schedule 2 should be protected during any period outside the close season for those birds, he may by order made with respect to the whole or any specified part of Great Britain declare any period (which shall not in the case of any order exceed fourteen days) as a period of special protection for those birds; and section 1, this section and section 6 shall have effect as if any period of special protection declared under this subsection for any birds formed part of the close season for those birds.7Before making an order under subsection (6) the Secretary of State shall consult such persons appearing to him to be a representative of persons interested in the shooting of birds of the kind proposed to be protected by the order as he considers appropriate. Areas of special protection.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <Substitution ChangeId="key-ca1c3db7743668af806a32a8d1dcb1f9-1488796661544" CommentaryRef="key-ca1c3db7743668af806a32a8d1dcb1f9">Further exceptions to s. 1</Substitution>41Nothing in section 1 ... shall make unlawful—aanything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the Agriculture Act 1947, or by the Secretary of State under section 39 of the Agriculture (Scotland) Act 1948;banything done under, or in pursuance of an order made under, section 21 or 22 of the Animal Health Act 1981; orcexcept in the case of a wild bird included in Schedule 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.2Notwithstanding anything in the provisions of section 1 ..., a person shall not be guilty of an offence by reason of—athe taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;bthe killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; orcany act made unlawful by those provisions (an unlawful act if he shows that each of the conditions specified in subsection (2A) was satisfied in relation to the carrying out of the unlawful act. 2AThose conditions are—athat the unlawful act was the incidental result of a lawful operation or other activity;bthat the person who carried out the lawful operation or other activity—itook reasonable precautions for the purpose of avoiding carrying out the unlawful act; oriidid 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; andcthat 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.3Notwithstanding anything in the provisions of section 1 ..., an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of—apreserving public health or public or air safety;bpreventing the spread of disease; orcpreventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, , fisheries or inland waters.4An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection (3) unless he shows that as regards that purpose, there was no other satisfactory solution.5An authorised person shall not be entitled to rely on the defence provided by subsection (3) as respects any action taken at any time for any purpose mentioned in that subsection if it had become apparent, before that time, that that action would prove necessary for that purpose and either—aa 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; orban application by him for such a licence had been determined.6An authorised person shall not be entitled to rely on the defence provided by subsection (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. Prohibition of certain methods of killing or taking wild birds.51Subject to the provisions of this Part, if any person—asets in position any of the following articles, being an article which is of such a nature and is so placed as to be likely 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;buses 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;cuses for the purpose of killing or taking any wild bird—iany bow or crossbow;iiany explosive other than ammunition for a firearm;iiiany automatic or semi-automatic weapon;ivany shot-gun of which the barrel has an internal diameter at the muzzle of more than one and three-quarter inches;vany device for illuminating a target or any sighting device for night shooting;viany form of artificial lighting or any mirror or other dazzling device;viiany gas or smoke not falling within paragraphs (a) and (b); orviiiany chemical wetting agent;duses 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; . . .euses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, ; orfknowingly 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 offence. . . .2Subject 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.3The 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.4In 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. 4AIn 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.5Nothing in subsection (1) shall make unlawful—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cthe use of a cage-trap or net for the purpose of taking any grouse, mallard, partridge or pheasant included in Part I of Schedule 2 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. Sale etc. of live or dead wild birds, eggs etc.61Subject to the provisions of this Part, if any person—asells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live wild bird ..., or an egg of a wild bird or any part of such an egg other than—ia bird included in Part I of Schedule 3 (see also subsection (5));iia bird included in Part 1A of that Schedule to which subsection (1A) applies; oriiian egg to which subsection (1B) applies or any part of such an egg; orbpublishes 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.1AThis subsection applies to a bird which—awas bred in captivity and remained in captivity or a place where it was reared;bwas a wild bird for the purposes of section 1 (see section 1(6)) and was taken by a person who had a legal right to take such a bird or a person with permission, from a person who had a right to give permission, to take such a bird outside the close season for the bird; orcwas such a wild bird of the following type and was taken by a person with such right or permission during the period of 28 days which commences with the first day of its close season––ia partridge included also in Part I of Schedule 2; oriia pheasant included also in that Part.1BThis subsection applies to the following eggs—aan egg of a bird included in Part IA of Schedule 3 to which subsection (1A) applies; orban egg of a bird included in Part IA of Schedule 3 to which that subsection does not apply if the egg was taken—ioutside the close season for the bird or during the period of 28 days commencing with the first day of its close season; andiiby a person who had a legal right to take such a bird or a person with permission, from a person who had a right to give permission, to take such a bird.2Subject to the provisions of this Part, if any person who is not for the time being registered in accordance with regulations made by the Secretary of State—asells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any dead wild bird other than a bird included in Part II , IIA or III of Schedule 3 (see also subsections (5B) and (6)), or any part of, or anything derived from, such a wild bird; orbpublishes 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.2ASubject 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 subsections (1)(b) and (2)(b)) shall be guilty of an offence.3Subject to the provisions of this Part, if any person shows or causes or permits to be shown for the purposes of any competition or in any premises in which a competition is being held—aany live wild bird other than a bird included in Part I of Schedule 3; orbany live bird one of whose parents was such a wild bird,he shall be guilty of an offence.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Any 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—awas bred in captivity;bhas been ringed or marked in accordance with regulations made by the Scottish Ministers; andchas not been lawfully released or allowed to escape from captivity as part of a re-population or re-introduction programme.5ARegulations made for the purposes of subsection (5)(b) may make different provision for different birds or different provisions of this section.5BAny reference in this section to any bird included in Part IIA of Schedule 3 is a reference to any bird included in that Part which was killed outside the close season for the bird by a person who had a legal right to kill such a bird or permission, from a person who had a right to give permission, to kill such a bird.6Any reference in this section to any bird included in Part III of Schedule 3 is a reference, during the period commencing with 1st September in any year and ending with 28th February of the following year, to any bird included in that Part.7The power of the Secretary of State to make regulations under subsection (2) shall include power—ato impose requirements as to the carrying out by a person registered in accordance with the regulations of any act which, apart from the registration, would constitute an offence under this section; andbto provide that any contravention of the regulations shall constitute such an offence.8Regulations under subsection (2) shall secure that no person shall become or remain registered within five years of his having been convicted of—aan offence under this Part (being an offence relating to the protection of birds or other animals); orbany other offence involving their ill-treatment,no account being taken for this purpose of a conviction which has become spent by virtue of the Rehabilitation of Offenders Act 1974.8AThe 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 (2).9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration etc. of certain captive birds.71If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence . . . .2The power of the Secretary of State to make regulations under subsection (1) shall include power—ato 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; andbto make different provision for different birds or different descriptions of birds.2AThe 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).3If any person keeps or has in his possession or under his control any bird included in Schedule 4 within five years of his having been convicted of—aan offence under this Part (being an offence relating to the protection of birds or other animals); . . . bany other offence involving their ill-treatment; orcany offence under the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703) relating to birds (other than an offence under paragraph 2 of Schedule 1 to those Regulations which consists of the conduct specified in the table in that paragraphas the subject-matter of Regulation 8(6) of those Regulations)he shall be guilty of an offence.4If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person within five years of that person’s having been convicted of such an offence as is mentioned in subsection (3), he shall be guilty of an offence.5No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the Rehabilitation of Offenders Act 1974.5ASubject 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of certain wild animals.91Subject to the provisions of this Part, if any person intentionally or recklessly kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.2Subject 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.3A person shall not be guilty of an offence under subsection (2) if he shows that—athe animal had not been killed or taken, or had been killed or taken at or from a place in Scotland otherwise than in contravention of the relevant provisions; . . . bthe animal or other thing in his possession or control had been sold at a place in Scotland (whether to him or any other person) otherwise than in contravention of those provisions ; orcthat the animal or other thing in his possession or control had been killed at, taken from or sold at a place outwith Scotland and—ithat the act of killing, taking or sale would not, if it had been committed in Scotland, have been in contravention of the relevant provisions; oriithat the animal or other thing had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations.. . . 3AIn 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—Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade, andCommission 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).4Subject to the provisions of this Part, if any person intentionally or recklessly—adamages or destroys, or obstructs access to, any structure or place which any wild animal included in Schedule 5 uses for shelter or protection; orbdisturbs any such animal while it is occupying a structure or place which it uses for that purpose,he shall be guilty of an offence.4ASubject to the provisions of this Part, any person who, intentionally or recklessly, disturbs or harasses any wild animal included in Schedule 5 as a—adolphin, whale or porpoise (cetacea); orbbasking shark (cetorhinus maximus),shall be guilty of an offence.5Subject to the provisions of this Part, if any person—asells, 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; orbpublishes 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.5ASubject 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.6In any proceedings for an offence under subsection (1), (2) or (5)(a) or 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. Exceptions to s. 9.101Nothing in section 9 shall make unlawful—aanything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the Agriculture Act 1947, or by the Secretary of State under section 39 of the Agriculture (Scotland) Act 1948; orbanything done under, or in pursuance of an order made under, the Animal Health Act 1981. 2Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house.3Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—athe taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;bthe 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; orcany act made unlawful by that section (“an unlawful act”) if he shows—ithat each of the conditions specified in subsection (3A) was satisfied in relation to the carrying out of the unlawful act, oriithat 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.3AThose conditions are—athat the unlawful act was the incidental result of a lawful operation or other activity;bthat the person who carried out the lawful operation or other activity—itook reasonable precautions for the purpose of avoiding carrying out the unlawful act; oriidid 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; andcthat 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.4Notwithstanding anything in section 9, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5 if he shows that his action was necessary 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.5A 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 conservation bodyfor 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.6An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either—aa licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; orban application for such a licence had been determined.6AAn 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. Prohibition of certain methods of killing or taking wild animals.111Subject to the provisions of this Part, if any person—absets in position or otherwise uses a snare for the purpose of killing any animal other than a wild bird,acsets in position or otherwise uses a snare, other than a snare that is operated by hand, for the purpose of taking any animal other than a wild bird,aduses a snare which is of a nature or is placed (or both) so as to be likely to cause bodily injury to any animal (other than a wild bird) coming into contact with it,buses for the purpose of killing or taking any animal , any bow or cross-bow or any explosive other than ammunition for a firearm; . . .cuses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, ; ordknowingly 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.1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Subject to the provisions of this Part, a person shall be guilty of an offence if that person—auses any trap ... for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;aauses a snare for the purpose of killing any wild animal included in Schedule 6 or 6ZA,abuses a snare, other than a snare that is operated by hand, for the purpose of taking or restraining any wild animal included in Schedule 6 or 6ZA,bsets in position any trap or snare of such a nature and so placed as to be—iin England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;iiin Scotland, likely to cause bodily injury to any such wild animal;csets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—iin England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6;iiin Scotland, likely to cause bodily injury to any such wild animal;duses for the purpose of killing or taking any wild animal included in Schedule 6—iany electrical device for killing or stunning;iiany poisonous, poisoned or stupefying substance;iiiany net;ivany automatic or semi-automatic weapon;vany device for illuminating a target or sighting device for night shooting;viany form of artificial light or any mirror or other dazzling device;viiany gas or smoke not falling within sub-paragraph (ii);viiiany sound recording used as a decoy; orixany mechanically propelled vehicle in immediate pursuit of any such animal;euses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; orfknowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3CSubject to the provisions of this Part, any person who—ais, without reasonable excuse, in possession of; orbsells, or offers or exposes for sale,a snare which is capable of operating as a self-locking snare or a snare of any other type specified in regulations under subsection (3CA) shall be guilty of an offence.3CAThe Scottish Ministers may by regulations specify types of snare for the purpose of subsection (3C).3D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3ESubject to the provisions of this Part, any person who uses a snare otherwise than in accordance with such requirements as may be specified in an order made by the Scottish Ministers, or who knowingly causes or permits any other person to do so, shall be guilty of an offence.4The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.4AThe Scottish Ministers may by order specify—acriteria 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,bcircumstances 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.5In any proceedings for an offence under subsection (1)(c) or (2)(a), (d) or (e), and 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.6In any proceedings for an offence under subsection (2)(b) or (c) it shall be a defence to show that the article was set in position by the accused 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 any wild animals included in the relevant Schedule.7In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in subsection (2)(b) or (c) 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 any wild animals included in the relevant Schedule.7AIn subsections (6) and (7), “the relevant Schedule” means—awhere proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;bwhere proceedings relate to an offence under subsection (2)(c), Schedule 6. Protection of wild plants.131Subject to the provisions of this Part, if any person—aintentionally or recklessly picks, uproots or destroys i any wild plant included in Schedule 8; oriiany seed or spore attached to any such wild plant; orbnot being an authorised person, intentionally or recklessly uproots any wild plant not included in that Schedule,he shall be guilty of an offence.2Subject to the provisions of this Part, if any person—asells, 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; orbpublishes 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.3Notwithstanding anything in subsection (1), a person shall not be guilty of an offence by reason of any act made unlawful by that subsection (“an unlawful act”) if he shows—athat the unlawful act was the incidental result of a lawful operation or other activity;bthat the person who carried out the lawful operation or other activity—itook reasonable precautions for the purpose of avoiding carrying out the unlawful act; oriidid 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; andcthat 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. 3ASubject 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.4In any proceedings for an offence under subsection (2)(a) or 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. Introduction of new species etc.141Subject to the provisions of this Part, any person who—areleases, or allows to escape from captivity, any animal—ito a place outwith its native range; oriiof a type the Scottish Ministers, by order, specify; orbotherwise causes any animal outwith the control of any person to be at a place outwith its native range,is guilty of an offence.2Subject to the provisions of this Part, any person who plants, or otherwise causes to grow, any plant in the wild at a place outwith its native range is guilty of an offence.2ASubsection (1) does not apply to the following animals where those animals are released or allowed to escape from captivity for the purpose of being subsequently killed by shooting—acommon pheasant;bred-legged partridge.2BThe Scottish Ministers may, by order, specify—aother types of animals to which subsection (1)(a)(i) or (1)(b) does not apply; andbtypes of plants to which subsection (2) does not apply.2CThe Scottish Ministers may, by order, disapply subsection (1) or (2) in relation to—aany person specified in the order;bany conduct undertaken for the purposes of any enactment (including any enactment contained in or made under an Act of the Scottish Parliament) so specified; orcany conduct authorised by, under or in pursuance of any such enactment.2DAn order under subsection (1)(a)(ii), (2B) or (2C) may make different provision for different cases and, in particular, for—adifferent types of animal or plant;bdifferent circumstances or purposes;cdifferent persons;ddifferent times of the year; andedifferent areas or places.3Subject to subsection (4), it shall be a defence to a charge of committing an offence under subsection (1) or (2) to show that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.4Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to grant licences.161Sections 1, 5, 6(3), 7 and 8 ... do not apply to anything done—afor scientific, research or educational purposes;bfor the purpose of ringing or marking, or examining any ring or mark on, wild birds;cfor the purpose of conserving wild birds;cafor 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;cbfor the purpose of conserving flora or fauna;dfor the purpose of protecting any collection of wild birds;efor the purposes of falconry or aviculture;ffor the purposes of any public exhibition or competition;gfor the purposes of taxidermy;hfor the purpose of photography;ifor the purposes of preserving public health or public or air safety;jfor the purpose of preventing the spread of disease; orkfor the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber , fisheries or inland waters,if it is done under and in accordance with the terms of a licence granted by the appropriate authority.1AThe appropriate authority—ashall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; ...bshall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.cmust not grant a licence for any purpose mentioned in subsection (1) that permits the use of a snare to kill a wild bird, anddmust not grant a licence for any purpose mentioned in subsection (1)(cb) to (k) that permits the use of a snare to take a wild bird.2Section 1 does not apply to anything done for the purpose of providing food for human consumption in relation to—aa gannet on the island of Sula Sgeir; orba gull’s egg . . . ,if it is done under and in accordance with the terms of a licence granted by the appropriate authority.3Sections 9(1), (2) , (4) and (4A), 10A(1), 11(1) , (2) and (3C)(a) ... , 11G(1) and 13(1) do not apply to anything done—afor scientific , research or educational purposes;bfor the purpose of ringing or marking, or examining any ring or mark on, wild animals;cfor the purpose of conserving wild birds, wild animals or wild plants or introducing them to particular areas;cafor the purpose of conserving any area of natural habitat;dfor the purpose of protecting any zoological or botanical collection;efor the purpose of photography;ffor the purpose of preserving public health or public safety;gfor the purpose of preventing the spread of disease; ...hfor 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 ; orifor any other social, economic or environmental purpose, if it is done under and in accordance with the terms of a licence granted by the appropriate authority.3ZZAThe appropriate authority must not grant a licence for any purpose mentioned in subsection (3) that permits the use of a snare.3ZAA licence granted under subsection (3) may permit the use of a trap ... for the purpose of killing, taking or restraining a wild animal included in Schedule 6ZA only if the trap ...—ameets the conditions relating to certification (see subsections (3ZB) to (3ZF)); orbmeets the approved design conditions (see subsections (3ZG to (3ZI)).This subsection is subject to (3ZJ).3ZBFor the purposes of subsection (3ZA)(a) the conditions relating to certification are that—athe trap ... is of a certified type and make;bthe manufacturer of the trap ... provides instructions as to how it should be set, operated safely and maintained; andcwhere it is manufactured on or after 28th March 2019, the trap ... is identified by its manufacturer by means of a permanent marking as being of a certified type and make.3ZCFor the purposes of subsection (3ZB)(b), instructions provided by the supplier of a trap ... with the authorisation of the manufacturer of that trap ... are to be treated as provided by the manufacturer.3ZDFor the purposes of this section, a type and make of trap ... is “certified” in relation to a wild animal included in Schedule 6ZA if it is certified by or on behalf of any of the following authorities as conforming (where the trap ... is set in accordance with any instructions provided by the manufacturer) to the standards set out in the international trapping standards agreement in relation to the trapping of that animal—athe Secretary of State;bthe Welsh Ministers;cthe Scottish Ministers;din Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;ean authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority.3ZEThe relevant authority shall—apublish in such manner as it considers appropriate a list of all traps ... of a certified type and make of which it is aware; andbmake the list available to anyone who asks for it in in writing.3ZFFor the purposes of subsection (3ZE), “the relevant authority” means—ain relation to England, the Secretary of State;bin relation to Wales, the Welsh Ministers;cin relation to Scotland, the Scottish Ministers.3ZGFor the purposes of subsection (3ZA)(b) a trap ... meets the approved design conditions if it—ahas been constructed by the person using it; andbcomplies with a design approved for this purpose by or on behalf of the Secretary of State (where it is used in England or Scotland) or the Welsh Ministers (where it is used in Wales).3ZHThe relevant authority must—apublish in such manner as it considers appropriate details of the design of a trap ... approved in accordance with subsection (3ZG)(b); andbmake the details available to anyone who asks for them in writing.3ZIIn subsection (3ZH), “the relevant authority” means—athe Secretary of State, for designs of traps ...approved for use in England;bthe Welsh Ministers, for designs of traps ... approved for use in Wales;cthe Scottish Ministers, for designs of traps ... approved for use in Scotland.3ZJSubsection (3ZA) does not apply where the licence—ais granted in accordance with any of paragraphs (a) to (d) or paragraphs (f) to (h) of subsection (3) and is subject to such conditions as the appropriate authority considers appropriate when granting the licence;bdoes not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; andcis accompanied by a written explanation of the reasons for that opinion and for the grant of the licence.3ZKIn this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation.3AThe appropriate authority shall not grant a licence under subsection (3)(i) unless it is satisfied—athat undertaking the conduct authorised by the licence will give rise to, or contribute towards the achievement of, a significant social, economic or environmental benefit; andbthat there is no other satisfactory solution.4The following provisions, namely—asection 6(1) and (2);bsections 9(5) , 11I(1) and 13(2); andcsections 14 , 14ZC , 14A and 14AA,do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.4AThe 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.4BSchedule 9B contains provision restricting the granting of licences under subsection (4)(c) permitting activities which contravene Article 7(1)(b) to (h) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species.5Subject to subsections (5A) and (6), a licence under the foregoing provisions of this section—amay be, to any degree, general or specific;bmay be granted either to persons of a class or to a particular person;cmay be subject to compliance with any specified conditions;dmay be modified or revoked at any time by the appropriate authority; andesubject 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.5AA licence under subsection (1) which authorises any action in respect of wild birds—ashall 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;bshall specify the methods, means or arrangements which are authorised or required for the taking of the action; andcsubject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.6A licence under subsection (2) or (3) which authorises any person to kill wild birds or wild animals—ashall specify the area within which, and the methods by which the wild birds or wild animals may be killed; andbsubject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.7It shall be a defence in proceedings for an offence under section 8(b) of the Protection of Animals Act 1911 or section 7(b) of the Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—athe act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); andbany conditions specified in the licence were complied with.8For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.8A In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “the appropriate authority” means the Marine Management Organisation. 8B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 In this section “the appropriate authority” means the Scottish Ministers or such other person to whom the Scottish Ministers delegate power under section 16A. 9ZAThe Scottish Ministers must consult Scottish Natural Heritage before granting or modifying a licence under any of subsections (1) to (5).9ZBSubsection (9ZA) does not apply in relation to licences granted under—aparagraph (i), (j) or (k) of subsection (1);bparagraph (f), (g) or (h) of subsection (3); orcparagraph (c) of subsection (4).9A In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 ( No. 79/409/ EEC ) on the conservation of wild birds. 10The agriculture Minister—ashall from time to time consult with each of the GB conservation bodies as to the exercise in the area of that body of his functions under this section; andbshall not grant a licence of any description unless he has been advised by the relevant conservation body as to the circumstances in which, in their opinion, licences of that description should be granted.11For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the conservation body for the area in which it is proposed to carry on the activity requiring a licence.12In this section—a “the restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark; b “the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009. c “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="key-3b6d6498d1645cdcada1ea66464ae39f-1489127721576" CommentaryRef="key-3b6d6498d1645cdcada1ea66464ae39f" Extent="S">Vicarious liability for certain offences by employee or agent</Addition>18A1This subsection applies where, on or in relation to any land, a person (A) commits a relevant offence while acting as the employee or agent of a person (B) who—ahas a legal right to kill or take a wild bird on or over that land; orbmanages or controls the exercise of any such right.2Where subsection (1) applies, B is also guilty of the offence and liable to be proceeded against and punished accordingly.3In any proceedings under subsection (2), it is a defence for B to show—athat B did not know that the offence was being committed by A; andbthat B took all reasonable steps and exercised all due diligence to prevent the offence being committed.4Proceedings may be taken against B in respect of the offence whether or not proceedings are also taken against A.5For the purposes of subsection (1)(b), management or control of the exercise of a right to kill or take any wild bird on or over land includes in particular management or control of any of the following—athe operation or activity of killing or taking any such birds on or over that land;bthe habitat of any such birds on that land;cthe presence on or over that land of predators of any such birds;dthe release of birds from captivity for the purpose of their being killed or taken on or over that land.6In this section and section 18B, “a relevant offence” is—aan offence under—isection 1(1), (5) or (5B);iisection 5(1)(a) or (b); ...iiasection 11(1)(a) or (aa), (2)(a) or (b)(ii); oriiisection 15A(1); andban offence under section 18 committed in relation to any of the offences mentioned in paragraph (a).<Addition ChangeId="key-3b6d6498d1645cdcada1ea66464ae39f-1489127904200" CommentaryRef="key-3b6d6498d1645cdcada1ea66464ae39f" Extent="S">Liability where securing services through another</Addition>18B1This subsection applies where, on or in relation to any land—aa person (A) commits a relevant offence;bat the time the offence is committed, A is providing relevant services for a person (B); andcB—ihas a legal right to kill or take a wild bird on or over that land; oriimanages or controls the exercise of any such right.2Where subsection (1) applies, B is also guilty of the offence and liable to be proceeded against and punished accordingly.3In any proceedings under subsection (2), it is a defence for B to show—athat B did not know that the offence was being committed by A; andbthat B took all reasonable steps and exercised all due diligence to prevent the offence being committed.4Proceedings may be taken against B in respect of the offence whether or not proceedings are also taken against A.5For the purposes of subsection (1)(b), A is providing “relevant services” for B—aif A manages or controls any of the following—ithe operation or activity of killing or taking any wild birds on or over that land;iithe habitat of any such birds on that land;iiithe presence on or over that land of predators of any such birds;ivthe release of birds from captivity for the purpose of their being killed or taken on or over that land; andbwhether A is providing the services—iby arrangement between A and B; oriiby arrangement with or as employee or agent of any other person (C) who is providing or securing the provision of relevant services for B.6For the purposes of subsection (5)(b)(ii), C is providing or securing the provision of relevant services for B if C manages or controls any of the things mentioned in sub-paragraphs (i) to (iv) of subsection (5)(a). Enforcement.191If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—astop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;bsearch for, search or examine any thing which that person may then be using or may have used, or may have or have had in his possession, if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found in or on that thing;carrest that person . . . ;dseize 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 21.2If a constable suspects with reasonable cause that any person is committing or 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 dwelling or lockfast premises.3If a justice of the peace is satisfied by evidence on oath that there are reasonable grounds for suspecting that an 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 to 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.4A 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.5A 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.6A constable who enters any land in the exercise of a power conferred by this section—amay—ibe accompanied by any other persons, andiitake any machinery, other equipment or materials on to the land,for the purpose of assisting the constable in the exercise of that power,bmay take samples of any articles or substances found there and remove the samples from the land.7A power specified in subsection (6)(a) or (b) which is exercisable under a warrant is subject to the terms of the warrant.8A 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.<Substitution ChangeId="key-90ca001de9bb2b958a98a31617c8c159-1611918599833" CommentaryRef="key-90ca001de9bb2b958a98a31617c8c159">Proceedings for summary offences</Substitution>201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Proceedings for an offence under this Part which is triable only summarily 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 three years after the commission of the offence or, in the case of a continuous contravention, after the last date on which the offence was committed.3For 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. Penalties, forfeitures etc.211Subject to subsection (5), a person guilty of an offence under a provision mentioned in subsection (1A) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).1AThe provisions referred to in subsection (1) are—asection 5(1)(e) and (f) (in relation to an act made unlawful by section 5(1)(e)),bsection 6(2) and (2A) (in relation to an act made unlawful by section 6(2)(a)),csection 7 (other than section 7(1) and (5A) (in relation to an act made unlawful by section 7(1))),dsection 9(5)(b),e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .g. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .hsection 13,isection 14B,jsection 17,ksection 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)),lsection 19ZD.1BSubject to subsection (5), a person guilty of an offence under a provision mentioned in subsection (1C) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).1CThe provisions referred to in subsection (1B) are—asection 6(3),bsection 7(1) and (5A) (in relation to an act made unlawful by section 7(1)),csection 8,dsection 9(2), (4A), (5)(a) and (5A) (in relation to an act made unlawful by section 9(2), (4A) or (5)(a)),e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .fsection 11G,gsection 11I.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4ZZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4AA 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—aon summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;bon conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.4BA person guilty of an offence under a provision mentioned in subsection (4C) is liable—aon summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),bon conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).4CThe provisions referred to in subsection (4B) are—asection 14ZC,bsection 14A,csection 14AA,dsection 14K.4CAA person guilty of an offence under section 14AB is liable—aon summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),bon conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).4DA person guilty of an offence under a provision mentioned in subsection (4E) is liable—aon summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),bon conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).4EThe provisions referred to in subsection (4D) are—asection 1,bsection 5(1)(a) to (d) and (f) (in relation to an act made unlawful by section 5(1)(a) to (d)),csection 6(1) and (2A) (in relation to an act made unlawful by section 6(1)(a)),dsection 9(1), (4) and (5A) (in relation to an act made unlawful by section 9(1) or (4)),esection 10A,fsection 11,gsection 14,hsection 15A.5Where an offence to which subsection (1), or (1B) . . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under the subsection in question shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.6The court by which any person is convicted of an offence under this Part—ashall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; andbmay 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 , 14ZC, 14A, 14AA, 14AB, 14B or 14K, any animal , plant or other thing which is of the same kind as that in respect of which the offence was committed and was found in his possession.7Any 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. Power to vary Schedules.221The 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 a add any bird to, or remove any bird from, any of or any Part of Schedules A1 to 4.badd any animal to, or remove any animal from, Schedule 5 , 5A, 6 or 6A ...;cadd any plant to, or remove any plant from, Schedule 8 ....2An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.2ZAAn order under subsection (1) adding any animal to Schedule 5A may prescribe a close season in the case of that animal for the purposes of section 10A.2ABefore making an order under subsection (1) the Scottish Ministers shall consult Scottish Natural Heritage.3The Secretary of State may, on a representation made to 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—aadd 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; andbremove 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3AThe 2006 Act means the Natural Environment and Rural Communities Act 2006.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6The Secretary of State may, for the purpose of complying with the international trapping standards agreement, by order add any animal to, or remove any animal from, Schedule 6ZA.7In subsection (6), “the international trapping standards agreement” has the meaning given by section 16(3ZK).<Substitution ChangeId="d29p34687" CommentaryRef="c19484111">Functions of GB conservation bodies</Substitution>241The GB 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 30th October 1991 and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—aany animal should be added to, or removed from, Schedule 5;bany plant should be added to, or removed from, Schedule 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1AThe 2006 Act means the Natural Environment and Rural Communities Act 2006.2Advice 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 to that advice being given.3The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.4The functions of the GB conservation bodies shall include power to advise or assist—aany constable; or bany proper officer of a local authority; ...c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.4AThe functions of Scottish Natural Heritage include the power to advise or assist—aanother relevant body exercising functions under section 14L(2)(a); andba person authorised to enter premises under section 14M exercising functions under that section. Regulations, orders, notices etc.261Any power to make regulations or orders under a provision of this Part other than section 14D shall be exercisable by statutory instrument.2A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than —aan order under any of sections 2(6), ... 5 , 10A(4) or 11(4) ; and ban order under section 22(1)(a) which removes from Part I of Schedule 2 black grouse, common pheasant, grey partridge, ptarmigan, red grouse or red-legged partridge,, dan order under section 22(1)(a) which adds any bird to, or removes any bird from, Part 1B of Schedule 2,eregulations under section 16AA(14) or 16AE(5); andfregulations under section 11(3CA),shall be subject to annulment in pursuance of a resolution of either House of Parliament. 3No —aorder under section 5 or 11(4) ; orborder under section 22(1)(a) which removes from Part I of Schedule 2 any bird referred to in paragraph (b) of subsection (2),dan order under section 22(1)(a) which adds any bird to, or removes any bird from, Part 1B of Schedule 2,eregulations under section 16AA(14) or 16AE(5); orfregulations under section 11(3CA),shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.4Before making any order under a provision of this Part other than section 14D, the Secretary of State—aexcept in the case of an order under section 2(6) , 14, 14ZC, 14A or 14B, shall give to any local authority affected and ... 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;aain the case of an order under section 16A(5)(b), shall consult Scottish Natural Heritage;bexcept in the case of an order under section 14, 14ZC, 14A, 14B, 16A(5)(b) or 22, 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; andcmay except in the case of an order under section 16A(5)(b),, if he thinks fit, cause a public inquiry to be held.4AThe Scottish Ministers may make an order under section 14, 14ZC or 14A only where they have consulted—aScottish Natural Heritage; andbany other person appearing to them to have an interest in the making of the order.4BSubsection (4A) does not apply where the Scottish Ministers consider it necessary to make the order urgently and without consultation.5Notice of the making of an order under this Part other than an order under section 16A(5)(b), shall be published by the Secretary of State—aif the order relates in whole or in part to England and Wales, in the London Gazette; andbif the order relates in whole or in part to Scotland, in the Edinburgh Gazette.6The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area. Interpretation of Part I.271In 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—the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;any person authorised in writing by the local authority for the area within which the action authorised is taken;as respects anything done in relation to wild birds, any person authorised in writing by any of the following bodies, that is to say, any of the GB conservation bodies, . . . a district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862 ......;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 Firearms Act 1968;... “inland waters” means— inland waters within the meaning of the Water Resources Act 1991; any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea; controlled waters within the meaning of Part II of the Control of Pollution Act 1974 other than ground waters as defined in section 30A(1)(d) of that Act. “livestock” includes any animal which is kept—for the provision of food, wool, skins or fur;for the purpose of its use in the carrying on of any agricultural activity; orfor the provision or improvement of shooting or fishing;“local authority” means—in relation to England . . ., a county, district or London borough council . . .;in relation to Wales, a county council or county borough council;in relation to Scotland, a council 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 the 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; “section 16AA licence” has the meaning given by section 16AA(1). “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; ...“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 species which is ordinarily resident in or is a visitor to the United Kingdom or any member State or the European territory of any member State in a wild state but does not include poultry ...;“wild plant” means any plant (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.2A 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.2AAn animal shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully held in captivity—awhere the animal is of a viviparous species, when it was born,bwhere the animal is of an oviparous species, when the egg was laid.3Any 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.3ZAAny reference in this Part to a plant which is growing—aincludes a reference to a bulb, corm or rhizome;bdoes not include a reference to a seed or spore.3A In this Part “the GB conservation bodies” means— aNatural England,b the Natural Resources Body for Wales, andcScottish Natural Heritage,and references to a conservation body are to be read accordingly.4This 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.5This 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. Areas of special scientific interest.28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restoration where order under s. 29 is contravened.31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties of agriculture Ministers with respect to areas of special scientific interest.32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limestone pavement orders.34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payments under certain agreements offered by authorities.50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of entry.51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyWords in s. 1(1) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(a); S.S.I. 2004/407, art. 2Words in s. 1(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(b); S.S.I. 2004/407, art. 2S. 1(1)(ba)(bb) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(c); S.S.I. 2004/407, art. 2Words in s. 1(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(a); S.S.I. 2004/407, art. 2Word in s. 1(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(b); S.S.I. 2004/407, art. 2Words in s. 1(3)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(c); S.S.I. 2004/407, art. 2S. 1(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(d); S.S.I. 2004/407, art. 2Words in s. 1(3) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(e); S.S.I. 2004/407, art. 2S. 1(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(4); S.S.I. 2004/407, art. 2S. 1(4) repealed (30.1.2001 for E.W and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5Words in s. 1(5) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 1 and inserted by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(5); S.S.I. 2004/407, art. 2Words in s. 1(5) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5S. 1(5A)-(5C) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(6); S.S.I. 2004/407, art. 2S. 1(1)(aa) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(2),107; S.I. 2006/1382, art. 2Word in s. 1(3)(a) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(a)(i)} and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(a)(i)Words in s. 1(3)(a) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(a)(ii)} and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(a)(ii)Word in s. 1(3)(b) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(b)(i)} and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(b)(i)Words in s. 1(3)(b) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(b)(ii)} and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(b)(ii)Words in s. 1(3) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(c)} and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(c)S. 1(3A) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 3(d)} and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(d)1954 c. 30; 1964 c. 59; 1967 c. 46.Words in s. 1(3A)(c) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(a)(i)1964 c. 29.1976 c. 86.Words in s. 1(3A)(d) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats,  & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(a)(ii)S. 1(6)(6A) substituted (E.W.) (1.10.2006) for s. 1(6) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 48(1),107; S.I. 2006/2541, art. 2Words in s. 1(6A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats,  & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(b)This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyS. 2(2) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 3(a); S.S.I. 2004/407, art. 2Words in s. 2(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 3(b); S.S.I. 2004/407, art. 2Words in s. 2(4)(a) omitted (S.) (4.11.2001) by virtue of S.S.I. 2001/337, reg. 2(2)This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.S.2(6): Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyWords in s. 3(1)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 2Word in s. 3(4) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyThis version of this provision extends to Scotland only; a separate version has been created for England and Wales only1947 c. 48. 1948 c. 45. 1981 c. 22. Words in s. 4(2)(c) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(2); S.S.I. 2004/407, art. 2S. 4(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(3); S.S.I. 2004/407, art. 2Words in s. 4(3)(c) substituted (30.11.1995) by S.I. 1995/2825, reg. 2(1)S. 4(4)-(6) inserted (30.11.1995) by S.I. 1995/2825, reg. 2(2)Words in s. 4(4) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(4); S.S.I. 2004/407, art. 2Words in s. 4(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(5)(a); S.S.I. 2004/407, art. 2Word in s. 4(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(5)(b); S.S.I. 2004/407, art. 2Words in s. 4(6) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(6); S.S.I. 2004/407, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyWords in s. 4(1)(c) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(4)(a),107; S.I. 2006/1382, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyWord in s. 5(1)(a) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 6(a); S.S.I. 2004/407, art. 2Word "or" in s. 5(1)(d) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(2), 3(3).Word "or" and s. 5(1)(f) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(3), 3(3).Words in s. 5(1) repealed (30.1.2001 for E.W. and 26.3.2002 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5S. 5(4A) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(4), 3(3).S. 5((5)(a)(b) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 6(b); S.S.I. 2004/407, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only1954 c. 30. This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.S. 6(8): paras. (a)(b) and preceding words substituted (S.) (26.3.2003) for paras. (a)(b) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 21974. c. 53. This version on this provision extends to England and Wales only; a separate version has been created for Scotland only.Words in s. 6(2) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 3, Sch. 16 Pt. IV (with Sch. 12 para. 10(6))S. 6(4) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5S. 6(5)-(5B) substituted (E.W.) (1.10.2006) for s. 6(5) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 48(2), 107; S.I. 2006/2541, art. 2Words in s. 6(5A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats,  & c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(3)}S. 6(7)-(10) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyWords in s. 7(1) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), s. 86, Sch. 5S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.S. 7(3): paras. (a)(b) and preceding words substituted (S.) (26.3.2003) for paras. (a)(b) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 2Word in s. 7(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 7(a); S.S.I. 2004/407, art. 2S. 7(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 7(b); S.S.I. 2004/407, art. 2S. 7(4)(a)(b) substituted (S.) (26.3.2003) for words by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 31974 c. 53. This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyWords in s. 7(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.Words in s. 7(3)(a) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(1)S. 7(3A) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(2)Words in s. 7(3A)(a)(i)(c)(i) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(4)(b), 107; S.I. 2006/1382, art. 2S. 7(3A)(ca) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 49, 107; S.I. 2006/2541, art. 21974 c. 53. S. 7(6)(7) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))Words in s. 8(1) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5Words in s. 8(3) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5This version of this provision extends to Scotland only; a separate version has been created for England and Wales only Word in s. 9(1) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(2); S.S.I. 2004/407, art. 2 Words in s. 9(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(a); S.S.I. 2004/407, art. 2 Word in s. 9(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(b); S.S.I. 2004/407, art. 2 Words in s. 9(3)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(c); S.S.I. 2004/407, art. 2 S. 9(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(d); S.S.I. 2004/407, art. 2 Words in s. 9(3) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(e); S.S.I. 2004/407, art. 2 S. 9(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(4); S.S.I. 2004/407, art. 2 Words in s. 9(4) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 5(a) and by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(5); S.S.I. 2004/407, art. 2 S. 9(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(6); S.S.I. 2004/407, art. 2 S. 9(5A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(7); S.S.I. 2004/407, art. 2 Words in s. 9(6) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(8); S.S.I. 2004/407, art. 2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only S. 9(4) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats,  & c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(4)} S. 9(4A) inserted (E.W.) (30.1.2001) by 2000 c. 37 , ss. 81(1), 103(2), Sch. 12 para. 5(b) This version of this provision extends to England and Wales only; a separate version has been created for Scotland only 1947 c. 48. 1948 c. 45. 1981 c. 22. Words in s. 10(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 70; S.I. 2006/2541, art. 2 Words in s. 10(5) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(2); S.I. 1991/685, art.3. This version of this provision extends to Scotland only; a separate version has been created for England and Wales only Words in s. 10(3)(c) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(a); S.S.I. 2004/407, art. 2 S. 10(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(b); S.S.I. 2004/407 , art. 2 Words in s. 10(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 70; S.I. 2006/2541, art. 2 S. 10(6A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(c); S.S.I. 2004/407, art. 2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only Words in s. 11(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(4); S.S.I. 2004/407, art. 2 Word "or" in s. 11(1)(b) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(a), 3(3). Word "or" and s. 11(1)(d) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(b), 3(3). S. 11(3)-(3E) substituted (S.) (1.10.2004) for s. 11(3) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(6); S.S.I. 2004/407, art. 2 S. 11(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(7); S.S.I. 2004/407, art. 2 Words in s. 11(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(8); S.S.I. 2004/407, art. 2 Words in s. 11(5) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(5), 3(3). S. 11(7) added (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(6), 3(3). This version of this provision extends to England and Wales only; a separate version has been created for Scotland only Words in s. 11(3)(a) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(4), 3(3). This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyWords in s. 13(1)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(2)(a); S.S.I. 2004/407, art. 2Words in s. 13(1)(a) renumbered (S.) (1.10.2004) as s. 13(1)(a)(i) by virtue of Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(2)(b); S.S.I. 2004/407, art. 2S. 13(1)(a)(ii) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(2)(c); S.S.I. 2004/407, art. 2Words in s. 13(1)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(3); S.S.I. 2004/407, art. 2Words in s. 13(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(4); S.S.I. 2004/407, art. 2S. 13(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(5); S.S.I. 2004/407, art. 2Words in s. 13(4) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 11(6); S.S.I. 2004/407, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyThis version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyThis version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyS. 14 excluded (E.W.) (21.8.2007) by S.I. 1994/2716, reg. 37C(9) (as inserted by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 5(12)}S. 14 excluded (E.W.) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 52(8)S. 14(5)(6) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IVThe text of ss. 15(1), 38(6), 40, 46(1)-(3), and 47(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.19911976 c. 72. Words in s. 15(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 71; S.I. 2006/2541, art. 2S. 14ZA inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 50, 107; S.I. 2006/2541, art. 2S. 14ZB inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 51, 107; S.I. 2006/2541, art. 2Ss. 14A, 14B inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 13; S.S.I. 2004/407, art. 2S. 15A inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 14; S.S.I. 2004/407, art. 2S. 16: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyS. 16(1)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(a)S. 16(1)(ca)(cb) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(b)Words in s. 16(2)(k) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(c)S. 16(1A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(3)Words in s. 16(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 6Words in s. 16(4) substituted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(2); S.I. 2006/2541, art. 2Words in s. 16(5) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(4)S. 16(5A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(5)Words in s. 16(6) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(6)1911 c. 27. 1912 c. 14. S. 16(8A) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 10(2)(5), 324(3); S.I. 2010/298, art. 2, Sch. Pt. 1 para. 2Words in s. 16(9) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 10(3)(5), 324(3); S.I. 2010/298, art. 2, Sch. Pt. 1 para. 2Words in s. 16(9)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(7)Word in s. 16(9) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(a); S.I. 1991/685, art. 3Words in s. 15(9)(a)(c)(10)(b)(11) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(3); S.I. 2006/2541, art. 2S. 16(9A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(8)Words in s. 16(9A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats,  & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(5)Words in s. 16(10)(a) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3Words in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(a); S.I. 2006/2541, art. 2Words in s. 16(10)(a) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3Word in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(b); S.I. 2006/2541, art. 2Words in s. 16(10)(b) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(c); S.I. 1991/685, art. 3S. 16(11) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(d); S.I. 1991/685, art. 3S. 16(12) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 10(4)(5), 324(3); S.I. 2010/298, art. 2, Sch. Pt. 1 para. 2S. 16: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyS. 16(1)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(a)S. 16(1)(ca)(cb) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(b)Words in s. 16(2)(k) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(c)S. 16(1A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(3)Words in s. 16(2)(b) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(a); S.S.I. 2004/407, art. 2Words in s. 16(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(i); S.S.I. 2004/407, art. 2Words in s. 16(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(ii); S.S.I. 2004/407, art. 2Words in s. 16(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(iii); S.S.I. 2004/407, art. 2Words in s. 16(3)(c) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(iv); S.S.I. 2004/407, art. 2S. 16(3)(ca) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(b)(v); S.S.I. 2004/407, art. 2Words in s. 16(4) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(c); S.S.I. 2004/407, art. 2S. 16(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 15(d); S.S.I. 2004/407, art. 2Words in s. 16(5) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(4)S. 16(5A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(5)Words in s. 16(6) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(6)1911 c. 27. 1912 c. 14. Words in s. 16(9)(a)(c)(10)(b)(11) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(3); S.I. 2006/2541, art. 2S. 16(9A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(8)Words in s. 16(10)(a) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3Words in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(a); S.I. 2006/2541, art. 2Words in s. 16(10)(a) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(b); S.I. 1991/685, art. 3Word in s. 16(10)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 72(4)(b); S.I. 2006/2541, art. 2Words in s. 16(10)(b) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(c); S.I. 1991/685, art. 3S. 16(11) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(4)(d); S.I. 1991/685, art. 3Words in s. 17 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IVS. 18A applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2S. 18B applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2S. 18C applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2S. 18F applied (with modifications) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyWords in s. 19(1)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(i); S.S.I. 2004/407, art. 2Words in s. 19(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(ii); S.S.I. 2004/407, art. 2Words in s. 19(1)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(iii); S.S.I. 2004/407, art. 2Words in s. 19(1)(c) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 4(a)Words in s. 19(2) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(b)(i); S.S.I. 2004/407, art. 2Words in s. 19(2) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(b)(ii); S.S.I. 2004/407, art. 2Words in s. 19(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(c)(i); S.S.I. 2004/407, art. 2S. 19(3): paras. (a)(b) substituted (S.) (26.3.2003) for words by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 4(b)Words in s. 19(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(c)(ii); S.S.I. 2004/407, art. 2S. 19(4)-(8) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(d); S.S.I. 2004/407, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyS. 19(1)(c) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. IWords in s. 19(2) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(2)(a); S.I. 2006/1382, art. 2Words inserted (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 6 para. 25Words in s. 19(2) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 56 (subject to art. 2(2)); S.I. 2005/3495, art. 2(1)(m)Words in s. 19(2) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(2)(b); S.I. 2006/1382, art. 2S. 19(2A) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(3); S.I. 2006/1382, art. 2S. 19(3) applied (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 13; S.I. 2006/1382, art. 2Words in s. 19(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 7Words in s. 19(3) omitted (E.W.) (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(4) and repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 12; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2Words in s. 19XA(1) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 7; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 48(e) (subject to Sch. 2)S. 19ZA omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 4 and repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107 {Sch. 12}; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2S. 19ZB omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 4 and repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107 {Sch. 12}; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2S. 19ZC applied (with modifications) (S.) (29.11.2004) by S.I. 1994/2716, reg. 101A(3) (as susbstituted by The Conservation (Natural Habitats, & c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), reg. 18S. 19ZD applied (with modifications) (S.) (29.11.2004) by S.I. 2004/2716, reg. 101A(3) (as substituted by The Conservation (Natural Habitats, & c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), reg. 18)S. 19A inserted (18.9.1993) (S.) by 1993 c. 9, s.36 (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(3), Sch.2.This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyS. 20(1) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 5(a)Word in s. 20(2) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 18(a); S.S.I. 2004/407, art. 2Word in s. 20(2) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 18(b); S.S.I. 2004/407, art. 2S. 20 heading substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 3(3); S.I. 2006/1382, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyS. 20(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 9(1)(a), Sch. 16 Pt. IV (with Sch. 12 para. 9(2))Words in s. 20(2) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 3(2); S.I. 2006/1382, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyS. 21(2)(3) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(b)S. 21(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(c); S.S.I. 2004/407, art. 2Words in s. 21(5) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(d)This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyS. 21(1) substituted for s. 21(1)-(3) (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(2)(6)Words in s. 21(4)(6)(b) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2Words in s. 21(4)(a)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 9 para. 10(3)(a)(b)(6)S. 21(4A)-(4D) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(4)(6)S. 21(4AA) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(3); S.I. 2006/1382, art. 2S. 21(4AA)-(4C) applied (with modifications) (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2Words in s. 21(4B) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(a); S.I. 2006/1382, art. 2Words in s. 21(4B) substituted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(b); S.I. 2006/1382, art. 2Words in s. 21(4C) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(5); S.I. 2006/1382, art. 2Words in s. 21(5) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 9 para. 10(5)(6), Sch. 16 Pt. IVWords in s. 21(4)(6)(b) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.Words in s. 22(1) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 47(5), 107; S.I. 2006/1382, art. 2Words in s. 22(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(2)(a); S.I. 2006/2541, art. 2Words in s. 22(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 74(2)(b), Sch. 12; S.I. 2006/2541, art. 2S. 22(3A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(3); S. I. 2006/2541, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.Words in s. 22(1) renumbered (S.) (1.10.2004) as s. 22(1)(a) by virtue of Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(i); S.S.I. 2004/407, art. 2Word in s. 22(1) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(ii); S.S.I. 2004/407, art. 2S. 22(1)(b)(c) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(iii); S.S.I. 2004/407, art. 2S. 22(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(b); S.S.I. 2004/407, art. 2Words in s. 22(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(2)(a); S.I. 2006/2541, art. 2Words in s. 22(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 74(2)(b), Sch. 12; S.I. 2006/2541, art. 2S. 22(3A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(3); S. I. 2006/2541, art. 2S. 22(4)(5) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(c); S.S.I. 2004/407, art. 2S. 24 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(5); S.I. 2006/2541, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyWords in s. 24(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(2)(a); S.I. 2006/2541, art. 2Words in s. 24(1) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(6)(a); S.I.1991/685, art.3.Words in s. 24(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 75(2)(b), Sch. 12; S.I. 2006/2541, art. 2S. 24(1A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(3); S.I. 2006/2541, art. 2Words in s. 24(2) substituted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(b); 1991/685, art.3.S. 24(3) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(c); S.I. 1991/685, art. 3.Words in s. 24(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(4); S.I. 2006/2541, art. 2S. 24(4)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 11S. 24 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(5); S.I. 2006/2541, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyWords in s. 24(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(2)(a); S.I. 2006/2541, art. 2Words in s. 24(1) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(6)(a); S.I.1991/685, art.3.Words in s. 24(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 75(2)(b), Sch. 12; S.I. 2006/2541, art. 2S. 24(1A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(3); S.I. 2006/2541, art. 2Words in s. 24(2) substituted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(b); 1991/685, art.3.S. 24 (3) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(c); S.I. 1991/685, art.3.Words in s. 24(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(4); S.I. 2006/2541, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyWord in s. 26(2)(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 21(a); S.S.I. 2004/407, art. 2Word in s. 26(4)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 21(b); S.S.I. 2004/407, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyWords in s. 26A substituted (23.4.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(2), 84; S.S.I. 2007/250, art. 3 (subject to art. 4)This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyS. 27(1): words in para. (c) of definition of "authorised person" substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 193(4), 324(2)(c)Words in s. 27(1) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a),Sch. 9 para. 11(7)(a); S.I. 1991/685, art. 3.S. 27(1): words in definition of “authorised person” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 76(2); S.I. 2006/2541, art. 2Words in s. 27(1) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I1862 c. 97. Words in s. 27(1) repealed (E.W.) (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))1966 c. 38. 1968 c. 27. Definition in s. 27(1) inserted (30.11.1995) by S.I. 1995/2825, reg. 41991 c.57.1974 c.40.Words in s. 27(1) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(2), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2Words in s. 27(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17S. 27(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2Words in s. 27(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(2); S.I. 1996/323, art. 4(1)(b)(c)S. 27(1): definition of “premises” inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 11 para. 76(3)(5); S.I. 2006/2541, art. 2S. 27(1): definition of "water authority" repealed (S.) (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 11(2); S.S.I. 2002/118, art. 2(3)S. 27(1): word in definition of "wild bird" substituted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 4(a)} and also expressed to be substituted (W.) (2.8.2004) by S.I. 2004/1733, reg. 3(1), Sch. para. 2(a)S. 27(1): words in definition of "wild bird" substituted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 4(b)} and also expressed to be substituted (W.) (2.8.2004) by S.I. 2004/1733, reg. 3(1), Sch. para. 2(b)S. 27: definition of "the Wild Birds Directive" inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(6)S. 27(1): definition of "wildlife inspector" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 12S. 27(1): words in definition of "wildlife inspector" substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 6; S.I. 2006/1382, art. 2S. 27(3A) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 11 para. 76(4); S.I. 2006/2541, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyS. 27(1): words in definition of “authorised person” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 76(2); S.I. 2006/2541, art. 2S. 27(1): words in the definition of “poultry” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(a); S.S.I. 2004/407, art. 2S. 27(1): word in the definition of “wild bird” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(b)(i); S.S.I. 2004/407, art. 2S. 27(1): words in the definition of “wild bird” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(b)(ii); S.S.I. 2004/407, art. 2S. 27(1): words in definition of “wild plant” inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(c); S.S.I. 2004/407, art. 2S. 27(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(3); S.S.I. 2004/407, art. 2S. 23(3ZA) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(4); S.S.I. 2004/407, art. 2S. 27(3A) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 11 para. 76(4); S.I. 2006/2541, art. 2S. 27ZA ceases to have effect (W.) (2.8.2004) by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1)Ss. 18A-18F inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 1; S.I. 2006/1382, art. 2S. 19XA, 19XB inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 3; S.I. 2006/1382, art. 2Ss. 19ZC, 19ZD inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 17; S.S.I. 2004/407, art. 2S. 26A inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 22; S.S.I. 2004/407, art. 2S. 27ZA inserted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 5}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. 2This version of this provision extends to Scotland only; a separate version has been created for England and WalesS. 28 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2) (S.S.I. 2004/495), {art. 2}This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlySs. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Words in s. 28(1)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(2)(8); S.I. 2014/3088, art. 2(b)S. 28(1A)-(1C) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(3)(8); S.I. 2014/3088, art. 2(b)Words in s. 28(2) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(4)(8); S.I. 2014/3088, art. 2(b)Words in s. 28 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Words in s. 28(5) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(5)(8); S.I. 2014/3088, art. 2(b)S. 28(6A) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(6)(8); S.I. 2014/3088, art. 2(b)S. 28(9A) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 2(7)(8); S.I. 2014/3088, art. 2(b)Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28A substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Words in s. 28A(3)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 3; S.I. 2014/3088, art. 2(b)Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28B substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Words in s. 28B(2)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(2)(6); S.I. 2014/3088, art. 2(b)S. 28B(2A)-(2C) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(3)(6); S.I. 2014/3088, art. 2(b)Words in s. 28B(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(4)(6); S.I. 2014/3088, art. 2(b)Words in s. 28B(7) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(5)(a)(6); S.I. 2014/3088, art. 2(b)Words in s. 28B(7) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 5(5)(b)(6); S.I. 2014/3088, art. 2(b)Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28C substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Words in s. 28C(2)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(2)(5); S.I. 2014/3088, art. 2(b)S. 28C(2A)-(2C) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(3)(5); S.I. 2014/3088, art. 2(b)Words in s. 28C(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(4)(a)(5); S.I. 2014/3088, art. 2(b)Words in s. 28C(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 6(4)(b)(5); S.I. 2014/3088, art. 2(b)Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28D substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Words in s. 28D(1) renumbered (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) as s. 28D(1)(a) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(2); S.I. 2014/3088, art. 2(b)Words in s. 28D substituted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 56, 107; S.I. 2006/1382, art. 2S. 28D(1)(b) and preceding word inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(2); S.I. 2014/3088, art. 2(b)Words in s. 28D(2)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(3)(a); S.I. 2014/3088, art. 2(b)Words in s. 28D(2)(a) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(3)(b); S.I. 2014/3088, art. 2(b)1991 c. 56. 1991 c. 59. Words in s. 28D(3) substituted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 9(4); S.I. 2014/3088, art. 2(b)Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)S. 28E(1) excluded (30.1.2001) by 1987 c. 53, s. 9(7)(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)S. 28E(1) excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6(a) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)Words in s. 28E substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Words in s. 28E substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28F substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 21972 c. 70. 1990 c. 8. Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)S. 28G(2) excluded (30.1.2001) by 1987 c. 53, s. 9(7)(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)S. 28G(2) excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6(b) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)1975 c. 26. Words in s. 28G(3)(e) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 81(2), Sch. 12; S.I. 2006/2541, art.2S. 28G(4) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 81(3); S.I. 2006/2541, art.2Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28H substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)S. 28I excluded (30.1.2001) by 1987 c. 53, s. 9(7) (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6)S. 28I excluded (30.1.2001) by 1996 c. 61, s. 38, Sch. 10 para. 6 (as substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 11)Words in s. 28I substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28J substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Words in s. 28J substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28J substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)1972 c. 70. 1990 c. 8. Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28M substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28N substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)1990 c. 8. Words in s. 28P substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2S. 28P(5A)(5B) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(2), 107; S.I. 2006/2541, art. 2S. 28P(6A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(3), 107; S.I. 2006/2541, art. 2Words in s. 28P(7) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(4), 107; S.I. 2006/2541, art. 2Words in s. 28P(7) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(4), 107; S.I. 2006/2541, art. 2Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28Q substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)Words in s. 28R substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2S. 29 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 102, 103(2), Sch. 9 para. 2, Sch. 16 Pt. III and s. 29 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. II para. 11); S.S.I. 2004/495, art. 2S. 30 repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 102, 103(2), Sch. 9 para. 2, Sch. 16 Pt. III and s. 30 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and WalesS. 31 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2S. 31 sidenote substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(3)This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyS. 31(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(2)Words in s. 31(1)(b) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 55(5), 107; S.I. 2006/2541, art. 21968 c. 19. Words in s. 31(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 37; S.I. 2009/1604, art. 2(a)(d)Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289GWords in s. 31 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and WalesS. 32 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyWords substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(2)(a)Words in s. 32(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 4Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(2)(b)Words in s.32 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2S. 32(3) substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(3)S. 33 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2Words in s. 33(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 82; S.I. 2006/2541, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyS. 34 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyS. 34(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 83(2); S.I. 2006/2541, art. 2S. 34(2): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1Words in s. 34(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107), {Sch. 11 para. 83(3)}; S.I. 2006/2541, art. 2Words in s. 34(5) substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(1)S. 34(6): definition of “the agency” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 83(5)(a), Sch. 12; S.I. 2006/2541, art. 2Definition in s. 34(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(2)Words in s. 34(1)(3)(6) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2Para. (aa) in the definition of “the relevant authority” in s. 34(6) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2S. 34(6): para. (b) definition of “the relevant authority” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 83(5)(b), Sch. 12; S.I. 2006/2541, art. 2S. 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. 2S. 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. 2S. 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. 2S. 28CA inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 7; S.I. 2014/3088, art. 2(b)S. 28CB inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d)(2)(b)(ii), Sch. 13 para. 8; S.I. 2014/3088, art. 2(b)S. 28S inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(1), 107; S.I. 2006/2541, art. 2The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.Words in s. 35 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 85; S.I. 2006/2541, art. 2S. 35(1A)-(1D) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 10 (with Sch. 13 para. 10(2)); S.I. 2014/3088, art. 2(b)S. 37 repealed (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 Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(a), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(b)(c); and s. 37 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(b) (with s. 162); S.S.I. 2010/230, art. 2(h)The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.S. 37A inserted (30.1.2001) by 2000 c. 37, ss. 77, 103(2)Words in s. 37A(1)(a)(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 36; S.I. 2006/2541, art. 21991 c. 56.1991 c. 59.S. 38 repealed (1.4.1991) by Environmental Protection Act 1990 (c.43, SIF 46:4), s. 162(2), Sch. 16 Pt. VI; S.I. 1991/685, art. 3Words 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)S. 35A inserted (E.W.) (12.11.2009 for certain purposes, 12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(1)(c)(2)(b)(ii), Sch. 13 para. 11; S.I. 2014/3088, art. 2(b)S. 39 modified (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)S. 39 modified (20.9.2006) by The Natural Environment and Rural Communities Act 2006 (Commencement No. 3 and Transitional Provisions) Order 2006 (S.I. 2006/2541), art. 3(1), Sch. para. 5Words in s. 39(1) repealed (1.4.2001 for E. and 1.5.2001 for W.) by 2000 c. 37, ss. 96(a), 102, 103(2), Sch. 16 Pt. VI; S.I. 2001/114, art. 2(2)(m); S.I. 2001/1410, art. 2(q)1967 c. 10. S. 39(5)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.S. 39(5)(aa) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 para. 31(2)S. 39(5)(b) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17S. 39(5)(d)-(f) inserted (1.4.2001 for E. and 1.5.2001for W.) by 2000 c. 37, s. 96(b); S.I. 2001/114, art. 2(2)(f); S.I. 2001/1410, art. 2(h)S. 39(5)(d) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 87, Sch. 12; S.I. 2006/2541, art. 2S. 41 modified (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7S. 41 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2S. 41(1) repealed by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(5), Sch. 41911 c. 49. S. 41(2)(a)–(c) substituted for words by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(4), Sch. 3 para. 4Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(4)(a)Words in s. 41(3) inserted (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 8(2) (with s. 32); S.S.I. 2000/312, art. 2Words substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(4)(b)Words in s. 41(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(2), Sch. 12; S.I. 2006/2541, art. 2Definition substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(5)S. 41(5): definitions of “management agreement” and “the relevant authority” substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(3); S.I. 2006/2541, art. 2S. 41(5A) inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 Pt. I para. 31(3)Words in s. 41(5A) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(2) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 2S. 41(6) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 88(4), Sch. 12; S.I. 2006/2541, art. 2Words in s. 42(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(2)(a), 107; S.I. 2006/2541, art. 2Words in s. 42(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(2)(b), 107; S.I. 2006/2541, art. 2S. 42(2) applied by The Peak District National Park Authority Order 2002 (S.I. 2002/80), art. 2S. 42(2) applied by S.I. 1991/1616, art. 2Words in s. 42(2)(b) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(3), 107; S.I. 2006/2541, art. 2Words in s. 42 substituted (1.4.1996) by 1995 c. 25, s. 78, Sch. 10 para. 22(3) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1995/2950, art. 3(1)(2)Words in s. 42(6) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(4), 107; S.I. 2006/2541, art. 2S. 42(8) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(5), 107; S.I. 2006/2541, art. 2S. 43 modified (19.9.1995) by 1995 c. 25, ss. 69(3), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(4)Words substituted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(2)(a)Words substituted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(2)(b)Words substituted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(3)S. 43(1A)–(1C) inserted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(4)Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(4)Words in s. 43(1A) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VI; S.I. 1991/685, art. 3Words in s. 43(1B) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 90(2)(a); S.I. 2006/2541, art. 2Words in s. 43(1B) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 90(2)(b); S.I. 2006/2541, art. 2Words in s. 43(1C) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 90(3); S.I. 2006/2541, art. 2S. 43(3) added by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 3(5)S. 44(1) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.S. 44(1A) inserted (19.9.1995) by 1995 c. 25, ss. 69(4), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)Words in s. 44(1A) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.Words in s. 44(2)(3) substituted (1.4.1996) by 1995 c. 25, s. 78, Sch. 10 para. 22(4)(a)(b) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1995/2950, art. 3(1)S. 44(4) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 Pt. I para. 31(4)Words in s. 44(4) substituted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(4)(c) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 3S. 45(1) renumbered from s. 45 ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 6(4); S.I. 1991/685, art.3.Words in s. 45(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 91(2)(a); S.I. 2006/2541, art. 2Words in s. 45(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 91(2)(b), Sch. 12; S.I. 2006/2541, art. 2S. 45(2) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 91(3), Sch. 12; S.I. 2006/2541, art. 2S. 46 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2, Sch.S. 41A inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 89; S.I. 2006/2541, art. 2S. 47 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 92(4); S.I. 2006/2541, art. 2S. 48 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. IWords inserted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 6(6); S.I. 1991/685, art.3.Words in s. 49(1)(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 93; S.I. 2006/2541, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyS. 50 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2S. 50 modified (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(a), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyWords in s. 50(1)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 94(2); S.I. 2006/2541, art. 2Words in s. 50(1)(a) substituted for words and s. 50(1)(a)(i)(ii) (E.W.) (30.1.2001) by 2000 c. 37, ss. 79, 103(2)Words in s. 50(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 94(3), Sch. 12; S.I. 2006/2541, art. 2Definition substituted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 20(6)S. 50(4): definitions inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 94(4); S.I. 2006/2541, art. 2This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyS. 51 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2); S.S.I. 2004/495, art. 2This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyS. 51 amended (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 11 para. 21S. 51(1)(a)-(m) substituted for s. 51(1)(a)-(d) (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(2), 103(2)Words in s. 51(1)(c)(h) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(2); S.I. 2006/2541, art. 2S. 51(1)(ka) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(2), 107; S.I. 2006/2541, art. 2S. 51(1A)(1B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(3), 103(2)Words in s. 51(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(3), 107; S.I. 2006/2541, art. 2Words in s. 51(2)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(3); S.I. 2006/2541, art. 2Words in s. 51(2)(a)(b)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(4)(a)(b)(c)Words in s. 51(2)(c) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(6), 105(2), 107, Sch. 12; S.I. 2006/2541, art. 2Words in s. 51(2)(c) substituted (1.4.1996) by virtue of 1995 c. 25, s. 78, Sch. 10 para. 22(5) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1995/2950, art. 3(1)(2)S. 51(2A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(4); S.I. 2006/2541, art. 2S. 51(3)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(5), 103(2)S. 51(3A)(3B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(6), 103(2)Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289GS. 51(5) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(7), 103(2)S. 52(1): definition of “the Nature Conservancy Councils” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 96, Sch. 12; S.I. 2006/2541, art. 2Words in s. 52(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 96, Sch. 12; S.I. 2006/2541, art. 2S. 52(1): definitions of "notice", "notification" and "site of special scientific interest" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(2)S. 52(2) excluded (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(b), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)Words and s. 52(2)(a)(b) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(5)Words in s. 52(2) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(6) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 3Words in s. 52(2) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(6), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2S. 52(2)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2Words in s. 52(2)(b) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2Words in s. 52(2) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(3)S. 52(2A)-(2C) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(4)1965 c. 64. S. 52(5) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)S. 52(1): definition of "estuarial waters" inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 4; S.I. 2014/3088, art. 2(b)S. 51A inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 4; S.I. 2006/1382, art. 2S. 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. 2S. 53: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1S. 53 excluded (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 49(5), 103(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2Words in s. 53(1) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(2); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2Words in s. 53(3)(a)(iii) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2Words in s. 53(3)(b) inserted (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(1)(a), 107; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2Words in s. 53(3)(c)(i) substituted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(4); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2Words in s. 53(3)(c)(i) inserted (2.5.2006 for E. and 16.11.2006 for W.) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 70(1)(a), 107; S.I. 2006/1176, art. 6; S.I. 2006/2992, art. 2Words in s. 53(4)(a) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(5); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2S. 53(4A)(4B) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(6); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2S. 53(5A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 1(7); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2S. 53A inserted (21.11.2005 for W. and 18.2.2008 for E.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 2; S.I. 2005/1314, art. 4; S.I. 2008/308, art. 2S. 53B inserted (27.9.2005 for E. and 21.11.2005 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 2; S.I. 2005/2459, art. 2(1); S.I. 2005/1314, art. 4S. 54 repealed (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 47(1), 102, 103(3), Sch. 16 Pt. II; S.I. 2006/1172, art. 2 (with art. 3); S.I. 2006/1279, art. 2S. 55(7)(8) inserted (27.9.2005 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 5; S.I. 2005/2459, art. 2(1); S.I. 2006/1279, art. 2Words in s. 56(1)(d) substituted (2. 5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(2)(a); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2Words in s. 56(1)(d) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(2)(b); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2Words in s. 56(1)(d) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(2)(c); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2S. 56(1A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 21988 c. 52. Words in s. 56(2)(a) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(4)(a)(i); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2Words in s. 56(2)(a) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(4)(a)(ii); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2Words in s. 56(2)(b) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(4)(b); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2S. 56(2A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(5); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2S. 56(3A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(6); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2S. 56(4A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 6(7); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2S. 56(5) repealed (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 102, 103(3), Sch. 5 Pt. I para. 6(8), Sch. 16 Pt. II; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2Words in s. 57(1) repealed (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 102, 103(3), Sch. 5 Pt. I para. 7(2), Sch. 16 Pt. II; S.I. 2006/1172, art. 2Words in s. 57(2) substituted (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(3); S.I. 2006/1172, art. 2Words in s. 57(3) inserted (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(4); S.I. 2006/1172, art. 2S. 57(3A) inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(5); S.I. 2006/1172, art. 2S. 57(5A) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(7) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2S. 57(6A)(6B)(6C) inserted (2.5.2006 for E. and otherwise prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 7(6); S.I. 2006/1172, art. 2S. 57A inserted (13.2.2004 for E. and 31.5.2005 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 8; S.I. 2004/292, art. 2; S.I. 2005/1314, art. 2S. 54A inserted (prosp.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 4S. 59 applied (3.7.2006 for E. and 12.7.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(3)(5), 2(1), Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)Words in s. 59(1) inserted (3.7.2006 for E. and 12.7.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177, reg. 1(3)(5), Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46S. 60 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14The text of s. 61 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.S. 61 repealed (E.W.) by Rights of Way Act 1990 (c. 24, SIF 59), s. 6(4)1980 c. 66. S. 62: functions made exercisable concurrently (22.7.2004) by virtue of The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 25(1)(2)(xxx), Sch. (with art. 35)S. 62: functions made exercisable concurrently (22.7.2004) by virtue of The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 25(1)(2)(xxx), Sch. (with art. 35)S. 62 applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(1), Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)Words in s. 62 inserted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)The text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.1980 c. 66. The text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.S. 66(1): definition of “restricted byway” inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 9; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2Definition substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(6)Words in s. 66(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(8) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2S. 67 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 54(2), 107; S.I. 2006/2541, art. 2S. 67 amended (E.W.) (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 49(6), 103(3); S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2S. 67(1A)(1B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 6Word in s. 67(2) repealed (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IIIWord in s. 67(2) repealed (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 Marine and Coastal Access Act 2009 (c. 23), ss. 321, 324(2)(b)(i)(4), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(c); and same word repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(c) (with s. 162); S.S.I. 2010/230, art. 2(h)S. 70A inserted by Wildlife and Countryside (Services of Notices) Act 1985 (c. 59, SIF 4:5), s. 1(1)S. 70A applied (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(2), 103(2), Sch. 11 para. 22Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(2)(a)1990 c. 8 (123:1). Words in s. 70A(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 34(2)Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(2)(b)S. 71 renumbered (E.W.) (1.10.2006) as s. 71(1) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 97(2)(4); S.I. 2006/2541, art. 21949 c. 97. 1968 c. 41. Definition inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5), 23(2), 27(2), Sch. 3 Pt. I para. 31(5)S. 71: definition of "statutory maximum" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group2.S. 72(2) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107, Sch. 11 para. 97(3)(4); S.I. 2006/2541, art. 2S. 72(1) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VIIThe text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.1946 c. 73. 1948 c. 45. 1961 c. 64. S. 72(10) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 21980 c. 66. 1981 c. 37. The text of ss. 64, 65, 72(2)-(9)(11)(13)(14) and 73(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.S. 73(4) repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.Power of appointment conferred by s. 74(3) fully exercised: S.I. 1982/3237, 990, 1136, 1217, 1983/20, 87S. 74(5A) inserted (E.W.S.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. I para. 2S. 74(5A) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4; S.S.I. 2004/495, art. 2S. 66A inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 54(1), 107; S.I. 2006/2541, art. 2S. 70B inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 57, 107; S.I. 2006/1382, art. 2S. 21(4A)(4D) omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2); S.I. 2006/1382, art. 2S. 21(4A)(4D) omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2); S.I. 2006/1382, art. 2Words in s. 27(1) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 11(a); S.I. 2011/556, art. 2(2)(k)Definition "inshore fisheries and conservation authority" in s. 27(1) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 11(b); S.I. 2011/556, art. 2(2)(k)Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))Words in s. 2 title added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)S. 2 inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(e), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)S. 6(5B) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(e), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)S. 6(1A)(1B) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)S. 6(5)(5A) substituted for s. 6(5) (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)S. 16(3A) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)S. 16(9)-(9ZB) substituted for s. 16(9)-(9ZC) (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)S. 22(2ZA) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 10(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(h)S. 1(6) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)Words in s. 2(1) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)Words in s. 2(3) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)Words in s. 2(7) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(g)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)Words in s. 2(7) added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(g)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)Words in s. 2(4) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(2)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)Words in s. 2(6) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)S. 2(4)(ba)(bb) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(f)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)S. 2(4)(ca)(cb) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(4)(f)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)Words in s. 5(5)(c) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(5), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)Words in s. 6(1)(a) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)Words in s. 6(1)(a) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)Word in s. 6(2)(a) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(c)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)Words in s. 6(2)(a) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(c)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)S. 6(6) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 5(3)(f), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(c)Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b) Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e) Ss. 11G , 11H inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e) Word in s. 16(3) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)S. 16(3)(i) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)S. 16(8B) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(c), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)S. 16(13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(2)(e), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)Words in s. 22(1)(b) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 10(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(h)S. 26(2)(a) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)Word in s. 26(2) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)S. 26(2)(b) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)Para reference (a) in s. 26(3) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(b)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)S. 26(3)(b) and word inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(6)(b)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)S. 26(4)(aa) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)Words in s. 26(4)(c) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)Words in s. 26(5) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)Words in s. 26(4)(b) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(4)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)Definition "game bird" in s. 27(1) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 2(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(a)Words in s. 27(1) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 2(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(a)S. 16A inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 18(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(j)Ss. 10A, 10B inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(d); S.S.I. 2011/433, art. 2(1)(b)S. 11I inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 8(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(f); S.S.I. 2011/433, art. 2(1)(b)Word in s. 16(3) inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 9(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(g); S.S.I. 2011/433, art. 2(1)(b)Word in s. 16(3) inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 9(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(g); S.S.I. 2011/433, art. 2(1)(b)Word in s. 16(4)(b) inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 9(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(g); S.S.I. 2011/433, art. 2(1)(b)Words in s. 19A substituted (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 12(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(i); S.S.I. 2011/433, art. 2(1)(b)Words in s. 19A substituted (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 12(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(i); S.S.I. 2011/433, art. 2(1)(b)S. 19A(a)(e) inserted (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 12(c), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(i); S.S.I. 2011/433, art. 2(1)(b)S. 4 heading substituted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)S. 3 repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(2), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)S. 6(2A) inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 21(2), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)S. 7(5A) inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 21(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)Words in s. 4(1) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)Words in s. 4(2) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(c), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)Words in s. 4(3) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(3)(c), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)S. 11(3D) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(i)S. 12YA inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(2), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)S. 14C inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 15, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(d)Words in s. 16(1) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)Word in s. 16(2) substituted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)Word in s. 26(2) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(5)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)Word in s. 26(2) inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)Ss. 18A, 18B inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 24, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)Words in s. 26(4)(a) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 4(5)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(a)S. 69A inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 23, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)S. 66B inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 41(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(i)S. 12 repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)S. 15A(2A) inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 21(4), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)This version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyThis version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyThis version of this provision extends to England and Wales only; a separate version has been created for Scotland onlyThis version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyS. 11(3)-(3B) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(i)S. 26B inserted (S.) (2.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 20, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(2)S. 14(1)-(2D) substituted for s. 14(1)(2) (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(2)(a), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(a)(i); S.S.I. 2012/175, art. 2(1)(a) (with art. 3(3))S. 14ZC inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(3), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(a)(ii); S.S.I. 2012/175, art. 2(1)(a) (with art. 3(3))S. 14B substituted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(5), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(a)(iii); S.S.I. 2012/175, art. 2(1)(a) (with art. 3(3))Words in s. 26(4)(a) inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(b)(ii), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(b)(i); S.S.I. 2012/175, art. 2(1)(c)Words in s. 26(4)(b) inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(b)(iii), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(b)(i); S.S.I. 2012/175, art. 2(1)(c)S. 26(4A)(4B) inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(c), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(b)(ii); S.S.I. 2012/175, art. 2(1)(c)S. 6(9)(10) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(2), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)S. 7(6)(7) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(3), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)Word in s. 14(3) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(2)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)S. 14(5)(6) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(2)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)Word in s. 16(4)(c) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(2), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c) (with art. 3(3)(4))S. 24(4A) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(5), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)Words in s. 21(6)(b) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(3)(d), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)Words in s. 22(1)(b) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(4)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)Words in s. 22(1)(c) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(4)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)Word in s. 24(4) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(6)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)Word in s. 24(4) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(6)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)S. 24(4)(c) repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(6)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)Words in s. 26(1) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)Words in s. 26(4) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(6)(b)(i), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)Word in s. 14A heading substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(4)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)S. 14A(1) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(4)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)S. 14A(3) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(4)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(a)Word in s. 19ZC(3)(a) inserted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)Words in s. 19ZC(3)(d) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)Words in s. 19ZC(3)(e) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)Words in s. 19ZC(5) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)Words in s. 19ZC(9) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(4)(c), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)Words in s. 19ZD(3)(4) substituted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(5)(a), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)S. 19ZD(10)(c) inserted (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 22(5)(b), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(d)S. 70A(2A)(2B) inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(7), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)Words in s. 17 heading inserted (S.) (22.11.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(5)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3A)(b) (as inserted by S.S.I. 2012/281, art. 2(2))Words in s. 17 inserted (S.) (22.11.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(5)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3A)(b) (as inserted by S.S.I. 2012/281, art. 2(2))S. 16(8C) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 170(2) (with Sch. 7)Words in s. 16(9) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 170(3) (with Sch. 7)Words in s. 27(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 171(2) (with Sch. 7)Words in s. 27(3A) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 171(3) (with Sch. 7)Words in s. 50(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 179 (with Sch. 7)Words in s. 51(2)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 179 (with Sch. 7)Words in s. 27AA substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 172 (with Sch. 7)Words in s. 34A(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 173 (with Sch. 7)Words in s. 41A substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 176 (with Sch. 7)S. 47 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 177 (with Sch. 7)Words in s. 49 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 178 (with Sch. 7)Words in s. 70B(7)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 179 (with Sch. 7)S. 37A(2A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(4) (with Sch. 7)Words in s. 37A(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(5) (with Sch. 7)Words in s. 37A(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(2) (with Sch. 7)Word in s. 37A(2)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(3)(a) (with Sch. 7)S. 37A(2)(c) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 175(3)(b) (with Sch. 7)S. 16(12)(c) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 170(4) (with Sch. 7)S. 15A(2)(b) substituted (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), reg. 2(1), Sch. 5 para. 1 (with regs. 3(4)(5), 31)S. 36 repealed (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 Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(a), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(b)(c); and s. 36 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(b) (with s. 162); S.S.I. 2010/230, art. 2(h)Words in s. 52(2C) substituted (E.W.) (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 3 (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(g) (with art. 5)Words in s. 34(4) substituted for paras. (4)(a)(b) (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(3) (with reg. 5(1))Words in s. 28P(5A) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(d) (with reg. 5(1))Words in s. 28P(1) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(a) (with reg. 5(1))Words in s. 28P(2) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(b) (with reg. 5(1))Words in s. 28P(3) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(c) (with reg. 5(1))Words in s. 28P(6) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 10(2)(e) (with reg. 5(1))Words in s. 14(1)(b) inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 25(2), 57(4); S.I. 2015/481, reg. 2(c)Words in s. 14ZA heading substituted (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 25(3), 57(4); S.I. 2015/481, reg. 2(c)Words in s. 14ZB heading substituted (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 25(4), 57(4); S.I. 2015/481, reg. 2(c)Words in s. 22(5)(a) inserted (5.3.2015 for E., 12.4.2015 for W.) by Infrastructure Act 2015 (c. 7), ss. 25(5), 57(4); S.I. 2015/481, reg. 2(c); S.I. 2015/990, reg. 2S. 25(3) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(5), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2S. 14(4A) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(2), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2S. 19(9) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(4), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2; S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2S. 26(7) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(6), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2; S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2S. 28F(12) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 5; S.I. 2016/52, art. 4(a) (with art. 17)S. 28L(14) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 6; S.I. 2016/52, art. 4(a) (with art. 17)S. 1(3ZA) inserted (E.W.) (6.4.2016) by The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/127), regs. 1(2), 2(2)Words in s. 27(1) substituted (E.W.) (6.4.2016) by The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/127), regs. 1(2), 2(3)S. 32(2A) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(4)Words in s. 50(1)(a) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(8)Words in s. 51(1)(c) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(9)(a)Words in s. 51(1)(h) omitted (E.W.) (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(9)(b)Words in s. 28E(3)(b) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(2)S. 28J(13) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(3)S. 39(5)(e) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(5)S. 40 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(6)Words in s. 41(5) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(7)(a)Words in s. 41(5) inserted (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(7)(b)S. 28E excluded (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 3(1)(f) (with arts. 4, 5(3))S. 66B(7A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 16(b)Words in s. 66B(7)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 16(a)S. 14 excluded (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 54(8) (with reg. 56(2))S. 2(6) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))S. 16 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))S. 11(2) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(2)Words in s. 11(5) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(3)Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)S. 11(7A) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(5)S. 16(3ZA)-(3ZK) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 4S. 22(6)(7) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 5Words in s. 14C(2)(a) repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with s. 83); S.S.I. 2019/47, reg. 2 (with regs. 3-22)S. 14P(6)(d) and word repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with s. 83); S.S.I. 2019/47, reg. 2 (with regs. 3-22)S. 28E excluded (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), arts. 1, 45(1)(d) (with art. 45(7), Sch. 13 Pt. 1 para. 19)S. 14AA inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(2)Words in s. 16(4)(c) substituted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(4)(a)S. 16(4B) inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(4)(b)Word in s. 21(6)(b) inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(d)(i)Words in s. 21(6)(b) substituted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(d)(ii)Word in s. 14C(1)(a) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(a)S. 14C(2)(ba) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(b)(i)S. 14C(2)(b)(ia)(ib) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(b)(ii)Word in s. 14C(10) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(c)S. 14C(11) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(3)(d)Word in s. 19ZC(3)(d) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(a)Word in s. 19ZC(5) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(b)Words in s. 19ZC(9) substituted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(c)(i)Words in s. 19ZC(9) substituted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(5)(c)(ii)Word in s. 19ZD(3) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(6)(a)Word in s. 19ZD(4) inserted (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(6)(b)Words in s. 7(3)(c) substituted (S.) (6.11.2019) by The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1354), regs. 1, 2(a)Words in s. 7(3)(c) substituted (S.) (6.11.2019) by The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1354), regs. 1, 2(b)S. 14ZA(3)(b) applied (1.12.2019) by The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), arts. 1(1), 3(6) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))S. 14(4ZA) inserted (E.W.) (1.12.2019) by The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(2) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))S. 16(3ZZA) inserted (E.W.) (1.4.2020) by The Humane Trapping Standards (England and Wales) Regulations 2019 (S.I. 2019/1288), regs. 1(1), 2S. 28E excluded (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 44(1)(e) (with art. 44(8))This version of this provision extends to Scotland only; a separate version has been created for England and Wales onlyWord in s. 18A(6)(a) repealed (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(3)(a), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)S. 18A(6)(a)(iia) inserted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(3)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)Words in s. 20(2) substituted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(4), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)S. 20 title substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(5), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)S. 21(1)-(1C) substituted for s. 21(1)-(1B) (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(a), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)S. 21(4) repealed (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)S. 21(4ZZA) repealed (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)S. 21(4ZA) repealed (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)S. 21(4B)-(4E) inserted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(c), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)Words in s. 21(5) inserted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(d)(i), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)Words in s. 21(5) substituted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(d)(ii), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)Word in s. 15A(2) repealed (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(2)(a), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)S. 15A(2)(aa) inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(2)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)Words in s. 15A(2)(b) inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(2)(c), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)S. 14AB inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(3)Words in s. 14(4ZA) substituted (E.W.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(c), 6(2); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 14AA(6) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(2)(a)(i)Words in s. 14AA(6) substituted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(2)(a)(ii)Words in s. 14AA(6) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(2)(b)S. 21(4CA) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(4)(a)Word in s. 21(6)(b) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(4)(b)Words in s. 27 inserted (E.W.) (31.12.2020) by The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/579), regs. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)Words in s. 27(1) inserted (S.) (31.12.2020) by The Wildlife and Countryside Act 1981 (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/84), regs. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)S. 27AA(2)(3) inserted (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 6(3); S.I. 2021/7, reg. 2(c)S. 37A(2B) inserted (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 7; S.I. 2021/7, reg. 2(c)S. 27AA(1): s. 27AA renumbered as s. 27AA(1) (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 6(2); S.I. 2021/7, reg. 2(c)Words in s. 27AA(2)(b) substituted (W.) (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 21(a)Words in s. 27AA(3) substituted (W.) (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 21(b)Words in s. 37A(2B) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 22(a)Words in s. 37A(2B) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 22(b)S. 10A(2)(a) repealed (1.3.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 18(2), 22(2); S.S.I. 2021/42, reg. 2S. 28E excluded (2.6.2022) by The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022 (S.I. 2022/549), arts. 1, 3(1)(f) (with arts. 6, 34)Word in s. 10(1)(a) omitted (E.W.) (30.9.2022) by virtue of Environment Act 2021 (c. 30), ss. 111(1)(a), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)S. 10(1)(c) and word inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(1)(b), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)Word in s. 16(3)(h) omitted (E.W.) (30.9.2022) by virtue of Environment Act 2021 (c. 30), ss. 111(2)(a), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)S. 16(3)(j) and word inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(2)(b), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)S. 16(3B) inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(3), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)Words in s. 16(5A)(c) inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(4), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)Words in s. 16(6)(b) inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(4), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)Words in s. 16(9)(c) inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(5), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)S. 28E excluded (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), arts. 1, 3(1) (with arts. 6(2), 18, Sch. 11 paras. 5, 30)Words in s. 16(3) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(6), 56(2)(d)Words in s. 16(3ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(7)(a), 56(2)(d)Words in s. 16(3ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(7)(b), 56(2)(d)Words in s. 16(3ZG)(b) substituted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(8), 56(2)(d)Words in s. 16(3ZI)(b) substituted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(9), 56(2)(d)S. 11(7ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(b), 56(2)(d)S. 11(1)(ba)-(bd) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(a), 56(2)(d)Words in s. 11(2)(b)(i) omitted (W.) (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 47(a)(i), 56(2)(d)Words in s. 11(2)(b)(ii) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 47(a)(ii), 56(2)(d)Words in s. 11(2)(c)(i) omitted (W.) (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 47(b)(i), 56(2)(d)Words in s. 11(2)(c)(ii) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 47(b)(ii), 56(2)(d)Words in s. 11(1)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(a), 56(2)(d)Words in s. 11(1)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(b), 56(2)(d)S. 11(1)(be) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(c), 56(2)(d)Words in s. 11(2)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(a)(i), 56(2)(d)Words in s. 11(2)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(a)(ii), 56(2)(d)Words in s. 11(2)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(b)(i), 56(2)(d)Words in s. 11(2)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(b)(ii), 56(2)(d)Words in s. 11(3)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(4), 56(2)(d)Words in s. 11(5) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(5), 56(2)(d)S. 28E excluded (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 3(1) (with arts. 18, 35, Sch. 9)S. 28H excluded (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 3(1) (with arts. 18, 35, Sch. 9)Ss. 16AA-16AF inserted (1.7.2024 for the insertion of ss. 16AC and 16AD, 22.7.2024 in so far as not already in force) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(2), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pts. 1, 2S. 2(1A)-(1D) substituted for s. 2(1A) (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(2)(a), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2Word in s. 2(3C)(a)(ii) repealed (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(2)(b)(i), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2S. 2(3C)(c) and word inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(2)(b)(ii), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2S. 16A(1B) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(3)(a), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2S. 16A(5A) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(3)(d), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2Words in s. 16A(7) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(3)(e), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2Words in s. 16A(3) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(3)(b), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2S. 16A(5)(aa) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(3)(c), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2Words in s. 17 inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(4), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2S. 26(2)(d) inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(3)(a), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2S. 26(3)(d) inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(3)(b), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2S. 26(2)(e) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(5)(a), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2S. 26(3)(e) inserted (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(5)(b), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2Words in s. 27(1) inserted (S.) (22.7.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 9(4), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pt. 2S. 53(3)(a)(i) modified (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), arts. 1, 12(5) (with art. 32, Sch. 15)Ss. 11A-11F repealed (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(3), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)S. 11(3CA) inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(e), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)S. 11(1)(ab)-(ad) substituted (S.) (25.11.2024) for s. 11(1)(a)(aa) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(a), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)S. 11(1A) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(b), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 11(2)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(c)(i), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)S. 11(2)(aa)(ab) inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(c)(ii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 11(3C) substituted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(d), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)S. 16(3ZZA) inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(c), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Word in s. 16(1A)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss., 35(2) 6(4(a)(i) (with s. 30); S.S.I. 2024/267, reg. 2(2)S. 16(1A)(c)(d) inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(a)(ii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Word in s. 16(3) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss., 35(2) 6(4(b) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZA) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(d), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZB)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(e)(i), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZB)(b) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(e)(ii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZB)(c) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(e)(iii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZC) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(f), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZD) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(g), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZE)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(h), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZG) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(i), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZH)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(j), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZI)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(k)(i), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZI)(b) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(k)(ii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZI)(c) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(k)(iii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 17 substituted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(5)(a), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)S. 21(1C)(e) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(6)(b), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)S. 21(1A)(e)-(g) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(6)(a), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)S. 26(2)(f) and word inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(7)(a), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)S. 26(3)(f) and word inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(7)(b), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZC) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(f), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 16(3ZD) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(4)(g), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)Words in s. 17 heading substituted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(5)(b), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)S. 53(3)(a)(i) modified (5.11.2025) by The Tillbridge Solar Order 2025 (S.I. 2025/1105), arts. 1, 13(5) (with art. 49, Sch. 15)S. 28H excluded (9.10.2024) by The M3 Junction 9 Development Consent Order 2024 (S.I. 2024/752), arts. 1, 3(1) (with art. 4, Sch. 10) (as amended by S.I. 2024/1020, Sch.)S. 28E excluded (9.10.2024) by The M3 Junction 9 Development Consent Order 2024 (S.I. 2024/752), arts. 1, 3(1) (with art. 4, Sch. 10) (as amended by S.I. 2024/1020, Sch.)S. 16(6A) inserted (E.W.) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 40(2) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)S. 16(8ZA) inserted (E.W.) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 40(3) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)Words in s. 16(8A) inserted (E.W.) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 40(4) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)Word in s. 16(9) inserted (E.W.) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 40(5) (with s. 116); S.I. 2025/1370, reg. 4(1)(l)(3)S. 53(3)(a) modified (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), arts. 1, 13(5) (with Sch. 14)