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Wildlife and Countryside Act 1981

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Wildlife and Countryside Act 1981

1981 CHAPTER 69

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

[30th October 1981]

Modifications etc. (not altering text)

C1Act amended (1.4.1996) by S.I. 1996/593, reg. 2 , Sch. 1

Act: certain functions transferred (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(1), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)

Part IU.K. Wildlife

Protection of birds [F1and prevention of poaching]E+W+S

Textual Amendments

1 Protection of wild birds, their nests and eggs.E+W

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

(a)kills, injures or takes any wild bird;

[F2(aa)takes, damages or destroys the nest of a wild bird included in Schedule ZA1;]

(b)takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or

(c)takes or destroys an egg of any wild bird,

he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any person has in his possession or control—

(a)any live or dead wild bird or any part of, or anything derived from, such a bird; or

(b)an egg of a wild bird or any part of such an egg,

he shall be guilty of an offence.

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

(a)the bird or egg had not been killed or taken, or had been [F3lawfully] killed or taken F4. . . ; or

(b)the bird, egg or other thing in his possession or control had been [F5lawfully] sold (whether to him or any other person) F6. . . ;

F7. . .

[F8(3ZA)A 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.]

[F9(3A) In subsection (3) “lawfully” means without any contravention of—

(a)this Part and orders made under it,

(b) the Protection of Birds Acts 1954 to 1967 F10 and orders made under those Acts,

(c) any other legislation which implements [F11 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 F12 , or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 F13 , and

(d)the provisions of the law of any member State (other than the United Kingdom) implementing [F14the Wild Birds Directive].]

(4)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subject to the provisions of this Part, if any person intentionally [F16or recklessly]

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

(b)disturbs dependent young of such a bird,

he shall be guilty of an offenceF17. . . .

[F18(6)For 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 [F19 the Wild Birds Directive ].]

(7)Any 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.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F3Word 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)

F4Words 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)

F5Word 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)

F6Words 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)

F7Words 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)

F9S. 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)

F15S. 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. 5

F16Words 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. 2

F17Words 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. 5

F18S. 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. 2

2 Exceptions to s. 1.E+W

(1)Subject 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.

(2)Subject to the provisions of this section, an authorised person shall not be guilty of an offence under section 1 by reason of—

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

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

(c)the taking or destruction of an egg of such a bird.

(3)Subsections (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.

(4)In this section and section 1 “close season” means—

(a)in the case of capercaillie and (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September;

(b)in the case of snipe, the period in any year commencing with 1st February and ending with 11th August;

(c)in 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;

(d)in any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August.

(5)The 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.

(6)If 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.

(7)Before 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.

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Modifications etc. (not altering text)

C2S.2(6): Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C3S. 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))

3 Areas of special protection.E+W

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

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

(i)kills, injures or takes any wild bird or any wild bird so specified;

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

(iii)takes or destroys an egg of such a bird;

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

(v)disturbs dependent young of such a bird,

shall be guilty of an offence under this section;

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

(c)that where any offence under this Part, or any such offence under this Part as may be specified in the order, is committed within that area, [F20the offence shall be treated as falling within section 7(3A)].

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

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

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

(c)the taking or destruction of an egg of such a bird; or

(d)the disturbance of such a bird or dependent young of such a bird.

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

(4)Before making any order under this section the Secretary of State shall give particulars of the intended order either by notice in writing to every owner and every occupier of any land included in the area with respect to which the order is to be made or, where the giving of such a notice is in his opinion impracticable, by advertisement in a newspaper circulating in the [F21locality] in which that area is situated.

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

(a)all the owners and occupiers aforesaid have consented thereto;

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

(c)any such objections so made have been withdrawn.

Extent Information

E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F20Words in s. 3(1)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 2

4 Exceptions to ss. 1 and 3.E+W

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

(a)anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M1Agriculture Act 1947, or by the Secretary of State under section 39 of the M2Agriculture (Scotland) Act 1948;

(b)anything done under, or in pursuance of an order made under, section 21 or 22 of the M3Animal Health Act 1981; or

(c)except in the case of a wild bird included in Schedule [F22ZA1 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.

(2)Notwithstanding 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—

(a)the 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;

(b)the 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; or

(c)any 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.

(3)Notwithstanding 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—

(a)preserving public health or public or air safety;

(b)preventing the spread of disease; or

(c)preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, [F23, fisheries or inland waters].

[F24(4)An 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.

(5)An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time 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—

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

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

(6)An authorised person shall not be entitled to rely on the defence provided by subsection (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.]

Extent Information

E4This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F23Words in s. 4(3)(c) substituted (30.11.1995) by S.I. 1995/2825, reg. 2(1)

F24S. 4(4)-(6) inserted (30.11.1995) by S.I. 1995/2825, reg. 2(2)

Marginal Citations

5 Prohibition of certain methods of killing or taking wild birds.E+W

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

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

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

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

(i)any bow or crossbow;

(ii)any explosive other than ammunition for a firearm;

(iii)any automatic or semi-automatic weapon;

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

(v)any device for illuminating a target or any sighting device for night shooting;

(vi)any form of artificial lighting or any mirror or other dazzling device;

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

(viii)any chemical wetting agent;

(d)uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; F25 . . .

(e)uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, [F26 ; or

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

he shall be guilty of an offenceF27. . . .

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

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

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

F28 [(4A)In any proceedings under subsection (1)(f) relating to an act which is mentioned in subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to wild birds.]

(5)Nothing in subsection (1) shall make unlawful—

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

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

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

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

Extent Information

E5This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F25Word "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).

F26Word "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).

F27Words 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. 5

Marginal Citations

6 Sale etc. of live or dead wild birds, eggs etc.E+W

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

(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live 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; or

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

he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any personF29. . . —

(a)sells, 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; or

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

he shall be guilty of an offence.

(3)Subject 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—

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

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

he shall be guilty of an offence.

(4)F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31(5)Any 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—

(a)was bred in captivity,

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

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

(5A)Re-population ” and “ re-introduction ” have the same meaning as in [F32 the Wild Birds Directive].

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

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

(7)F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8A)F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E6This version on this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F29Words 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))

F30S. 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. 5

F31S. 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. 2

F32Words 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)}

F33S. 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))

7 Registration etc. of certain captive birds.E+W

(1)If 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 F34. . ..

(2)The power of the Secretary of State to make regulations under subsection (1) shall include power—

(a)to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and

(b)to make different provision for different birds or different descriptions of birds.

[F35(2A)The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).]

(3)If any person keeps or has in his possession or under his control any bird included in Schedule 4—

(a)within five years of his having been convicted of an offence under this Part [F36which falls within subsection (3A)]; or

(b)within three years of his having been convicted of any other offence under this Part so far as it relates to the protection of birds or other animals or any offence involving their ill-treatment,

he shall be guilty of an offence.

[F37(3A)The offences falling within this subsection are—

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

(i)a bird included in Schedule [F38ZA1 or] 1 or any part of, or anything derived from, such a bird,

(ii)the nest of such a bird, or

(iii)an egg of such a bird or any part of such an egg;

(b)any offence under section 1(5) or 5;

(c)any offence under section 6 in respect of—

(i)a bird included in Schedule [F38ZA1 or] 1 or any part of, or anything derived from, such a bird, or

(ii)an egg of such a bird or any part of such an egg;

[F39(ca)any offence under subsection (1);]

(d)any offence under section 8.]

(4)If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person—

(a)within five years of that person’s having been convicted of such an offence as is mentioned in paragraph (a) of subsection (3); or

(b)within three years of that person’s having been convicted of such an offence as is mentioned in paragraph (b) of that subsection,

he shall be guilty of an offence.

(5)No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the M5Rehabilitation of Offenders Act 1974.

F40(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E7This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F34Words 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))

F35S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)

F36Words 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)

F37S. 7(3A) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(2)

F38Words 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. 2

F40S. 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))

Modifications etc. (not altering text)

C4S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.

Marginal Citations

8 Protection of captive birds.E+W+S

(1)If 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 offenceF41. . . .

(2)Subsection (1) does not apply to poultry, or to the keeping or confining of any bird—

(a)while that bird is in the course of conveyance, by whatever means;

(b)while 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; or

(c)while that bird is undergoing examination or treatment by a veterinary surgeon or veterinary practitioner.

(3)Every person who—

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

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

shall be guilty of an offenceF42. . . .

Textual Amendments

F41Words 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. 5

F42Words 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. 5

Protection of other animals [F43and prevention of poaching]E+W+S

Textual Amendments

9 Protection of certain wild animals.E+W

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

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

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

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

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

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

[F44(4)Subject to the provisions of this Part, a person is guilty of an offence if intentionally or recklessly—

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

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

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

[F45(4A)Subject to the provisions of this Part, if any person intentionally or recklessly disturbs any wild animal included in Schedule 5 as—

(a)a dolphin or whale (cetacea), or

(b)a basking shark (cetorhinus maximus),

he shall be guilty of an offence.]

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

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

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

he shall be guilty of an offence.

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

Extent Information

E8This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F45 S. 9(4A) inserted (E.W.) (30.1.2001) by 2000 c. 37 , ss. 81(1), 103(2), Sch. 12 para. 5(b)

10 Exceptions to s. 9.E+W

(1)Nothing in section 9 shall make unlawful—

(a)anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M6Agriculture Act 1947, or by the Secretary of State under section 39 of the M7Agriculture (Scotland) Act 1948; F46...

(b)anything done under, or in pursuance of an order made under, the M8Animal Health Act 1981. [F47or

(c)anything 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 species]

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

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

(a)the 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;

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

(c)any act made unlawful by that section if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.

(4)Notwithstanding 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.

(5)A person shall not be entitled to rely on the defence provided by subsection (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the [F48conservation body][F49for the area in which the house is situated or, as the case may be, the act is to take place] of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used.

(6)An 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—

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

(b)an application for such a licence had been determined.

Extent Information

E9This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F46Word 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)

F47S. 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)

Marginal Citations

[F5010BExceptions to s. 10AE+W+S

(1)A 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.

(2)A person is not guilty of an offence under section 10A(1) by reason of taking any such animal if he shows that—

(a)he 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; and

(b)the animal—

(i)had been disabled otherwise than by his unlawful act; and

(ii)was taken solely for the purpose of tending it and releasing it when no longer disabled.

(3)An 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.

(4)An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action if––

(a)it had become apparent, before the action was taken, that it would prove necessary for the purpose mentioned in that subsection; and

(b)either—

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

(ii)an application for such a licence had been determined.

(5)An 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.

(6)In subsection (5), “the appropriate authority” has the same meaning as in section 16(9).

(7)Nothing in section 10A makes unlawful—

(a)anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or

(b)anything done under, or in pursuance of an order made under, the Animal Health Act 1981.]

Textual Amendments

F50Ss. 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)

11 Prohibition of certain methods of killing or taking wild animals.E+W

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

(a)sets in position [F51otherwise 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;

(b)uses [F52otherwise 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; F53 . . .

[F54(ba)sets 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;

(bb)uses 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;

(bc)sets 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;

(bd)uses 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;]

[F55(be)uses 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;]

(c)uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, [F56; or

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

he shall be guilty of an offence.

[F57(2)Subject to the provisions of this Part, a person shall be guilty of an offence if that person—

(a)uses [F58, otherwise than in Wales,] any trap or snare [F59, 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;

(b)sets in position [F60, otherwise than in Wales,] any trap or snare [F61, or in Wales, any trap other than a glue trap,] of such a nature and so placed as to be—

(i)in England F62..., calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;

(ii)in Scotland [F63or Wales], likely to cause bodily injury to any such wild animal;

(c)sets 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—

(i)in England F64..., calculated to cause bodily injury to any wild animal included in Schedule 6;

(ii)in Scotland [F65or Wales], likely to cause bodily injury to any such wild animal;

(d)uses for the purpose of killing or taking any wild animal included in Schedule 6—

(i)any electrical device for killing or stunning;

(ii)any poisonous, poisoned or stupefying substance;

(iii)any net;

(iv)any automatic or semi-automatic weapon;

(v)any device for illuminating a target or sighting device for night shooting;

(vi)any form of artificial light or any mirror or other dazzling device;

(vii)any gas or smoke not falling within sub-paragraph (ii);

(viii)any sound recording used as a decoy; or

(ix)any mechanically propelled vehicle in immediate pursuit of any such animal;

(e)uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or

(f)knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).]

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

(a)sets in position [F66or knowingly causes or permits to be set in position] [F67, 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; and

(b)while 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.

(4)The 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.

(5)In any proceedings for an offence under subsection (1)(b) [F68(ba), (bb)] or (c) or [F69(2)(a), (d) or (e)], [F70and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs] the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

(6)In any proceedings for an offence under [F71subsection (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 [F72the relevant Schedule].

F73[(7)In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in [F74subsection (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 [F75the relevant Schedule].]

[F76(7ZA)For the purposes of paragraphs (bc) and (bd) of subsection (1), “animal means a vertebrate (other than a human).]

[F77(7A)In subsections (6) and (7), “the relevant Schedule” means—

(a)where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;

(b)where proceedings relate to an offence under subsection (2)(c), Schedule 6.]

Extent Information

E10This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F51Words in s. 11(1)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(a), 56(2)(d)

F52Words in s. 11(1)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(b), 56(2)(d)

F53 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).

F54S. 11(1)(ba)-(bd) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(a), 56(2)(d)

F55S. 11(1)(be) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(c), 56(2)(d)

F56 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).

F58Words 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)

F59Words 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)

F60Words 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)

F61Words 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)

F62Words 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)

F63Words 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)

F64Words 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)

F65Words 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)

F66 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).

F67Words in s. 11(3)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(4), 56(2)(d)

F68Words in s. 11(5) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(5), 56(2)(d)

F76S. 11(7ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(b), 56(2)(d)

[F7811ISale, possession etc. of wild hares, rabbits etc. killed or taken unlawfullyE+W+S

(1)Any person who does any of the following is guilty of an offence—

(a)has 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;

(b)sells, 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; or

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

(2)A 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.

(3)In 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.]

Textual Amendments

F78S. 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)

[F7912YARelaxation of restriction on night shooting of hares and rabbitsE+W+S

Schedule 7, which amends certain Acts prohibiting night shooting of hares and rabbits by occupiers of land etc., has effect.]

Protection of plantsE+W+S

13 Protection of wild plants.E+W

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

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

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

he shall be guilty of an offence.

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

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

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

he shall be guilty of an offence.

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

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

Extent Information

E11This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

MiscellaneousU.K.

14 Introduction of new species etc.E+W

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

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

(b)is included in Part I[F80, IA or IB] of Schedule 9,

he shall be guilty of an offence.

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

(3)Subject 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.

(4)Where 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.

[F81(4ZA)Subsection (1)(a) does not apply to species included on [F82the 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.]

[F83(4A)Schedule 9A contains provision about species control agreements and orders and related matters.]

F84(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E12This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F80Words 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)

F84S. 14(5)(6) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV

Modifications etc. (not altering text)

[F8514ZASale etc. of [F86certain animals and plants included in Schedule 9] E+W

(1)Subject 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—

(a)an animal or plant to which this section applies, or

(b)anything from which such an animal or plant can be reproduced or propagated.

(2)Subject 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—

(a)an animal or plant to which this section applies, or

(b)anything from which such an animal or plant can be reproduced or propagated.

(3)This section applies to an animal or plant which—

(a)is within section 14(1) or (2) (animals and plants which must not be released etc. into the wild),

(b)is of a description prescribed for the purposes of this section by an order made by the Secretary of State, and

(c)is a live animal or live plant.

(4)An order under subsection (3) may be made in relation to a particular area or a particular time of the year.

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

Textual Amendments

F86Words 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)

Modifications etc. (not altering text)

C8S. 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))

[F8714ZBCodes of practice in connection with [F88species which are non-native or included in Schedule 9] E+W

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

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

(b)animals or plants included in Schedule 9, or

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

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

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

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

(5)A code—

(a)is admissible in evidence in any proceedings, and

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

Textual Amendments

F88Words 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)

15 Endangered species (import and export).U.K.

X1(1)The M9Endangered Species (Import and Export) Act 1976 shall have effect subject to the amendments provided for in Schedule 10 ; and in that Schedule “the 1976 Act” means that Act.

(2)The functions of the [F89GB conservation bodies] shall include power to advise or assist—

(a)any constable;

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

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

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

Editorial Information

X1The 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 1.2.1991

Textual Amendments

Marginal Citations

SupplementalU.K.

16 Power to grant licences.E+W

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

[F90(a)for scientific, research or educational purposes;]

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

(c)for the purpose of conserving wild birds;

[F91(ca)for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

(cb)for the purpose of conserving flora or fauna;]

(d)for the purpose of protecting any collection of wild birds;

(e)for the purposes of falconry or aviculture;

(f)for the purposes of any public exhibition or competition;

(g)for the purposes of taxidermy;

(h)for the purpose of photography;

(i)for the purposes of preserving public health or public or air safety;

(j)for the purpose of preventing the spread of disease; or

(k)for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber [F92, fisheries or inland waters],

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

[F93(1A)The appropriate authority—

(a)shall 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; and

(b)shall 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.]

(2)Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—

(a)a gannet on the island of Sula Sgeir; or

(b)a 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.

(3)Sections 9(1), (2) [F94, (4) and (4A)], 11(1) [F95(a), (b), (be), (c) and (d),] and (2) and 13(1) do not apply to anything done—

(a)for scientific or educational purposes;

(b)for the purpose of ringing or marking, or examining any ring or mark on, wild animals;

(c)for the purpose of conserving wild animals or wild plants or introducing them to particular areas;

(d)for the purpose of protecting any zoological or botanical collection;

(e)for the purpose of photography;

(f)for the purpose of preserving public health or public safety;

(g)for the purpose of preventing the spread of disease; or

(h)for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries, F96... [F97or

(j)in 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.

[F98(3ZZA)Subsection (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.]

[F99(3ZA)A licence granted under subsection (3) may permit the use [F100, otherwise than in Wales,] of a trap or snare [F101, 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—

(a)meets the conditions relating to certification (see subsections (3ZB) to (3ZF)); or

(b)meets the approved design conditions (see subsections (3ZG to (3ZI)).

This subsection is subject to (3ZJ).

(3ZB)For the purposes of subsection (3ZA)(a) the conditions relating to certification are that—

(a)the trap or snare is of a certified type and make;

(b)the manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; and

(c)where 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.

(3ZC)For 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.

(3ZD)For 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—

(a)the Secretary of State;

(b)the Welsh Ministers;

(c)the Scottish Ministers;

(d)in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(e)an authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority.

(3ZE)The relevant authority shall—

(a)publish 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; and

(b)make the list available to anyone who asks for it in in writing.

(3ZF)For the purposes of subsection (3ZE), “the relevant authority” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the Welsh Ministers;

(c)in relation to Scotland, the Scottish Ministers.

(3ZG)For the purposes of subsection (3ZA)(b) a trap or snare meets the approved design conditions if it—

(a)has been constructed by the person using it; and

(b)complies 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 ([F102where it is a trap other than a glue trap, and it is used in Wales]).

(3ZH)The relevant authority must—

(a)publish in such manner as it considers appropriate details of the design of a trap or snare approved in accordance with subsection (3ZG)(b); and

(b)make the details available to anyone who asks for them in writing.

(3ZI)In subsection (3ZH), “the relevant authority” means—

(a)the Secretary of State, for designs of traps or snares approved for use in England;

(b)the Welsh Ministers, for designs of traps [F103(other than glue traps)] approved for use in Wales;

(c)the Scottish Ministers, for designs of traps or snares approved for use in Scotland.

(3ZJ)Subsection (3ZA) does not apply where the licence—

(a)is 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;

(b)does not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; and

(c)is accompanied by a written explanation of the reasons for that opinion and for the grant of the licence.

(3ZK)In this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation.]

[F104(3B)In England, the appropriate authority shall not grant a licence under subsection (3) unless it is satisfied—

(a)that there is no other satisfactory solution, and

(b)that 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.]

(4)The following provisions, namely—

(a)section 6(1) and (2);

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

(c)[F105sections 14 and 14ZA],

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

(5)Subject to [F106subsections (5A) and (6)], a licence under the foregoing provisions of this section—

(a)may be, to any degree, general or specific;

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

(c)may be subject to compliance with any specified conditions;

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

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

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

[F107(5A)A licence under subsection (1) which authorises any action in respect of wild birds—

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

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

(c)subject to subsection (5)(d), shall be valid for the period, not exceeding two years, [F108or in the case of a licence granted by Natural England five years,] stated in the licence.]

(6)A licence under subsection [F109(2) or (3)] which authorises any person to kill wild birds or wild animals—

(a)shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and

(b)subject to subsection (5)(d), shall be valid for the period, not exceeding two years, [F110or in the case of a licence granted by Natural England five years,] stated in the licence.

(7)It shall be a defence in proceedings for an offence under section 8(b) of the M10Protection of Animals Act 1911 or section 7(b) of the M11Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—

(a)the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and

(b)any conditions specified in the licence were complied with.

(8)For 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.

[F111(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.]

[F112(8C)In 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.]

(9)[F113Except as provided by [F114subsections (8A) and (8C)],] In this section “the appropriate authority” means—

(a)in the case of a licence under [F115any 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 [F116relevant][F117conservation body];

(b)in 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;

(c)in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) [F118or (j)] of subsection (3), the [F116relevant] [F117conservation body];

(d)in 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; and

(e)in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.

[F119(9A)In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in [F120the Wild Birds Directive].]

(10)The agriculture Minister—

(a)shall from time to time consult with [F121each of the [F122GB conservation bodies]] as to the exercise [F123in the area of that [F124body]] of his functions under this section; and

(b)shall not grant a licence of any description unless he has been advised by the [F125relevant [F117conservation body]] as to the circumstances in which, in their opinion, licences of that description should be granted.

[F126(11)For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the [F117conservation body] for the area in which it is proposed to carry on the activity requiring a licence.]

[F127(12)In 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.

[F128(c)Wales” has the meaning given by section 158 of the Government of Wales Act 2006.]]

Extent Information

E13This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F90S. 16(1)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(a)

F91S. 16(1)(ca)(cb) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(b)

F92Words in s. 16(2)(k) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(2)(c)

F93S. 16(1A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(3)

F94Words in s. 16(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 6

F95Words in s. 16(3) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(6), 56(2)(d)

F96Word 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)

F97S. 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)

F100Words in s. 16(3ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(7)(a), 56(2)(d)

F101Words in s. 16(3ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(7)(b), 56(2)(d)

F102Words in s. 16(3ZG)(b) substituted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(8), 56(2)(d)

F103Words in s. 16(3ZI)(b) substituted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(9), 56(2)(d)

F104S. 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)

F106Words in s. 16(5) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(4)

F107S. 16(5A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(5)

F108Words 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)

F109Words in s. 16(6) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(6)

F110Words 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)

F115Words in s. 16(9)(a) substituted (30.11.1995) by S.I. 1995/2825, reg. 3(7)

F118Words 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)

F119S. 16(9A) inserted (30.11.1995) by S.I. 1995/2825, reg. 3(8)

Modifications etc. (not altering text)

C9S. 16: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C10S. 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))

Marginal Citations

18 Attempts to commit offences etc.E+W+S

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

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

[F12918A Wildlife inspectorsE+W

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

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

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

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

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

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

Extent Information

E14This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

Modifications etc. (not altering text)

[F12918B Group 1 offences and licences: power to enter premisesE+W

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

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

(b)for the purpose of—

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

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

(2)In this Part—

  • Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and

  • Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.

(3)Nothing in this section confers power to enter a dwelling.]

Extent Information

E15This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

Modifications etc. (not altering text)

[F12918C Group 1 offences and licences: examining specimens and taking samplesE+W

(1)The 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).

(2)The inspector, or a veterinary surgeon accompanying him, may—

(a)for any such purpose, examine any specimen, and

(b)subject to subsection (5) and section 18F, take a sample from it.

(3)Specimen” means—

(a)any bird, other animal or plant, or

(b)any part of, or anything derived from, a bird, other animal or plant.

(4)Sample” means a sample of blood, tissue or other biological material.

(5)No 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.

(6)The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—

(a)making an examination under subsection (2)(a), or

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

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

Textual Amendments

Modifications etc. (not altering text)

18D Group 2 offences and licences etc. : power to enter premises E+W

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

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

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

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

(d)for the purpose of—

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

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

(2)In this Part—

  • Group 2 offence” means an offence under section 6, 7, 9(5), 13(2) or 14,

  • Group 2 licence” means a licence authorising anything which would otherwise be a Group 2 offence, and

  • relevant registration” means a registration in accordance with regulations under section 7(1).

(3)In subsection (1)—

(a)paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—

(i)a Group 2 licence or a relevant registration held by an occupier of the dwelling, or

(ii)an application by an occupier of the dwelling for a Group 2 licence or a relevant registration, and

(b)paragraph (c) does not confer any power to enter a dwelling.

Textual Amendments

18EGroup 2 offences: examining specimens and taking samplesE+W

(1)A 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.

(2)A 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.

(3)A 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—

(a)is alleged to be, or

(b)which 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.

(4)Where, pursuant to a requirement under this section—

(a)a bird or other animal is to be examined, or

(b)a 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.

(6)This section is subject to section 18F.

Textual Amendments

18F Restrictions on taking of samples from live specimensE+W

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

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

Textual Amendments

Modifications etc. (not altering text)

19 Enforcement.E+W

(1)If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—

(a)stop 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;

(b)search 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)F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(2)If a constable suspects with reasonable cause that any person is committing [F131or has committed] an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) [F132or arresting a person, in accordance with [F133section 24] of Police and Criminal Evidence Act 1984, for such an offence], [F134enter any premises other than a dwelling].

[F135(2A)A 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—

(a)any other person, and

(b)any equipment or materials.]

(3)If a justice of the peace is satisfied by information on oath that there are reasonable grounds for [F136suspecting 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 F137. . . 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.

[F138(9)This section does not apply in relation to offences under Schedule 9A.]

Extent Information

E16This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F136Words in s. 19(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 7

Modifications etc. (not altering text)

[F13919XAConstables' powers in connection with samplesE+W

(1)A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred [F140by section 19] is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample.

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

(a)is alleged to be, or

(b)the constable suspects with reasonable cause to be,

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

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

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

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

19XBOffences in connection with enforcement powersE+W

(1)A person is guilty of an offence if he—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), or

(b)fails without reasonable excuse to give any assistance reasonably required under section 18C(6).

(2)A person is guilty of an offence if he—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), or

(b)fails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), or

(c)fails without reasonable excuse to give any assistance reasonably required under section 18E(4).

(3)A person is guilty of an offence if he—

(a)fails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), or

(b)fails without reasonable excuse to give any assistance reasonably required under section 19XA(3).

(4)Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence.]

Textual Amendments

19ZA Enforcement: wildlife inspectors.E+W

F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19ZB Power to take samples.E+W

F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20[F143Proceedings for summary offences].E+W

F144(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F145Proceedings for a summary offence under this Part] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than two years after the commission of the offence.

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

Extent Information

E17This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F144S. 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))

21 Penalties, forfeitures etc.E+W

[F146(1)Subject 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.]

(4)A person guilty of an offence under section 14 [F147or 14ZA] shall be liable—

(a)on summary conviction, [F148to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both];

(b)on conviction on indictment, [F148to imprisonment for a term not exceeding two years or to a fine, or to both].

[F149(4A)F150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F151(4AA)Except 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.]

(4B)A person guilty of an offence under [F152section 19XB(1)(a) or (2)(a)] in relation to a wildlife inspector [F153entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed] shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(4C)A person guilty of an offence under section [F15419XB(4)] shall be liable—

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

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

(4D)F155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

(5)Where an offence to which subsection (1) F156. . . 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.

(6)The court by which any person is convicted of an offence under this Part—

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

(b)may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 [F157or 14ZA], any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.

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

Extent Information

E18This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F146S. 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)

F148Words 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)

F149S. 21(4A)-(4D) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(4)(6)

F156Words 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. IV

Modifications etc. (not altering text)

C16S. 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. 2

22 Power to vary Schedules.E+W

(1)The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of [F158Schedules ZA1 to 4].

(2)An 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.

(3)The Secretary of State may, on a representation made [F159to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act], by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—

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

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

F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F161(3A)The 2006 Act means the Natural Environment and Rural Communities Act 2006.]

(4)The 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—

(a)add any animals to, or remove any animals from, Schedule 5 or Schedule 6; and

(b)add any plants to, or remove any plants from, Schedule 8.

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

(a)add any animals to, or remove any animals from, Part I [F162, IA or IB] of Schedule 9; and

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

[F163(6)The 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.

(7)In subsection (6), “the international trapping standards agreement” has the meaning given by section 16(3ZK).]

Extent Information

E19This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F162Words 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. 2

23 Advisory bodies and their functions.E+W+S

(1)The Secretary of State may—

(a)establish any body or bodies, consisting in each case of such members as he may from time to time appoint;

(b)assign to any body or bodies the duty referred to in subsection (4).

(2)Without prejudice to his power under subsection (1), the Secretary of State shall, as soon as practicable after the commencement date,—

(a)establish at least one body under paragraph (a) of subsection (1); or

(b)assign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4).

(3)A 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.

(4)It 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—

(a)in connection with the administration of this Part; or

(b)otherwise in connection with the protection of birds or other animals or plants.

(5)In 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).

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

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

24[F164Functions of GB conservation bodies]E+W

(1)The [F165GB 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 [F16630th October 1991] and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—

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

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

F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F168(1A)The 2006 Act means the Natural Environment and Rural Communities Act 2006.]

(2)Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led [F169to that advice being given.]

[F170(3)The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.]

(4)The functions of the [F171GB conservation bodies] shall include power to advise or assist—

(a)any constable;

(b)any proper officer of a local authority; or

[F172(c)any wildlife inspector,]

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

Extent Information

E20This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F169Words 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.

F172S. 24(4)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 11

25 Functions of local authorities.E+W+S

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

(a)the provisions of this Part; and

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

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

[F173(3)Nothing in this section applies in relation to Schedule 9A or orders or offences under it.]

Textual Amendments

26 Regulations, orders, notices etc.E+W

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

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

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

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

F174(a)except in the case of an order under section 2(6), shall give to any local authority affected and, except in the case of an order under section 3, any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order;

F175(b)except in the case of an order under section 22(3), shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and

(c)may, if he thinks fit, cause a public inquiry to be held.

(5)Notice of the making of an order under this Part shall be published by the Secretary of State—

(a)if the order relates in whole or in part to England and Wales, in the London Gazette; and

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

(6)The 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.

[F176(7)In this section references to orders do not include species control orders under Schedule 9A.]

Extent Information

E21This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F174Words 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)

F175Words 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)

27 Interpretation of Part I.E+W

(1)In this Part, unless the context otherwise requires—

  • advertisement” includes a catalogue, a circular and a price list;

  • advisory body” has the meaning given by section 23;

  • agriculture Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State;

  • authorised person” means—

    (a)

    the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;

    (b)

    any person authorised in writing by the local authority for the area within which the action authorised is taken;

    (c)

    as respects anything done in relation to wild birds, any person authorised in writing [F177 by—

    (i)

    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);

    (ii)

    any] of the following bodies, that is to say, [F178any of the [F179GB conservation bodies]], F180. . . a district board for a fishery district within the meaning of the M12Salmon Fisheries (Scotland) Act 1862 [F181or an inshore fisheries and conservation authority] F182...;

    (d)

    [F183any person authorised in writing by—

    (i)

    the Environment Agency, in relation to anything done in England;

    (ii)

    the Natural Resources Body for Wales, in relation to anything done in Wales; or

    (iii)

    a water undertaker or a sewerage undertaker,]

  • so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land;

  • automatic weapon” and “semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;

  • aviculture” means the breeding and rearing of birds in captivity;

  • destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “destruction” shall be construed accordingly;

  • domestic duck” means any domestic form of duck;

  • domestic goose” means any domestic form of goose;

  • firearm” has the same meaning as in the M13Firearms Act 1968;

  • game bird” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;

  • [F184inland waters” means—

    (a)

    inland waters within the meaning of the Water Resources Act 1991; M14

    (b)

    any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;

    (c)

    controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M15 other than ground waters as defined in section 30A(1)(d) of that Act.]

  • [F185inshore 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—

    (a)

    for the provision of food, wool, skins or fur;

    (b)

    for the purpose of its use in the carrying on of any agricultural activity; or

    (c)

    for the provision or improvement of shooting or fishing;

  • local authority” means—

    (a)

    in relation to England F186. . ., a county, district or London borough council F187. . .;

    (aa)

    [F188in relation to Wales, a county council or county borough council;]

    (b)

    in relation to Scotland, a [F189council 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;

  • [F190premises” 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;

  • F191......

  • 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 [F192species] which is ordinarily resident in or is a visitor to [F193the United Kingdom or] [F194the 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;

  • [F195the Wild Birds Directive” means [F196Directive 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.

  • [F197wildlife inspector” has the meaning given by [F198 section 18A(1)].]

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

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

[F199(3A) In this Part “the GB conservation bodies” means—

(a)Natural England,

(b)[F200the Natural Resources Body for Wales], and

(c)Scottish Natural Heritage,

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

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

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

Extent Information

E22This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F177S. 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)

F178Words 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.

F179S. 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. 2

F182Words 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))

F184Definition in s. 27(1) inserted (30.11.1995) by S.I. 1995/2825, reg. 4

F185Definition "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)

F188S. 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. 2

F189Words 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)

F190S. 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. 2

F191S. 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)

F192S. 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)

F194S. 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)

F195S. 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)

F197S. 27(1): definition of "wildlife inspector" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 12

F198S. 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. 2

Marginal Citations

F202[F201 27ZAApplication of Part 1 to England and WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F201S. 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}

Part II E+W+S Nature Conservation, Countryside and National Parks

X2 [F203 Sites of special scientific interest and limestone pavements ] E+W+S

Editorial Information

Textual Amendments

27A Construction of references to Nature Conservancy Council.E+W+S

F204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F20527AAApplication of sections 28 to 34 in WalesE+W+S

[F206(1)]In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to [F207the Natural Resources Body for Wales and as if section 28D(2)(d) were omitted].

[F208(2)Subsection (3) applies where—

(a)any 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, and

(b)all or part of the land is included in [F209a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004] [F209the 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] .

(3)The Natural Resources Body for Wales must also give the notification or notice to [F210the strategic planning panel for the strategic planning area] [F210that corporate joint committee] .]]

Textual Amendments

F206S. 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)

F208S. 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)

[F211 28 Sites of special scientific interest.E+W

(1)Where [F212Natural 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 [F212Natural England] to notify that fact—

(a)to the local planning authority [F213(if any)] in whose area the land is situated;

(b)to every owner and occupier of any of that land; and

(c)to the Secretary of State.

[F214(1A)The reference in subsection (1) to land includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(1B)Where 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—

(a)area B adjoins area A, and

(b)any of the conditions in subsection (1C) is satisfied.

(1C)The conditions are—

(a)that the flora, fauna or features leading to the notification of area A is or are also present in area B;

(b)that 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;

(c)that, 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.]

(2)[F212Natural England] shall also publish a notification of [F215the fact mentioned in subsection (1)] in at least one local newspaper circulating in the area in which the land is situated.

(3)A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to it may be made; and [F212Natural England] shall consider any representation or objection duly made.

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

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

(b)any operations appearing to [F212Natural England] to be likely to damage that flora or fauna or those features,

and shall contain a statement of [F216Natural England's] views about the management of the land (including any views [F212Natural England] may have about the conservation and enhancement of that flora or fauna or those features).

(5)Where a notification under subsection (1) has been given, [F212Natural England] may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

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

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

[F217In 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).]

(6)A notification shall cease to have effect—

(a)on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (1); or

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

[F218(6A)Subsection (6)(b) does not apply in a case where notice has been given to Natural England under section 28CB(3).]

(7)[F216Natural 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.

(8)As 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.

(9)A notification under subsection (1)(b) of land in England and Wales shall be a local land charge.

[F219(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.]

Extent Information

E23This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F211Ss. 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)

F213Words 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)

F214S. 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)

F215Words 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)

F217Words 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)

F218S. 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)

F219S. 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)

[F22028A Variation of notification under section 28.E+W

(1)At any time after notice has been given under section 28(5)(b) confirming a notification (with or without modifications), [F221Natural 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).

(2)The area of land cannot be varied under this section.

(3)[F221Natural England] shall give notice setting out the variation to—

(a)the local planning authority [F222(if any)] in whose area the land is situated,

(b)every owner and occupier of any of the land who in the opinion of the Council may be affected by the variation, and

(c)the 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.

(4)Section 28(3) shall apply to such a notice as it applies to a notification under section 28(1).

(5)Where a notice under subsection (3) has been given, [F221Natural 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—

(a)give notice to the persons mentioned in subsection (3) withdrawing the notice; or

(b)give notice to them confirming the notice (with or without modifications).

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

(a)on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (3); or

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

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

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

Textual Amendments

F220Ss. 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)

F222Words 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)

[F22328B Notification of additional land.E+W

(1) Where [F224 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, [F224 Natural England] may decide to notify that fact.

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

(a)the local planning authority [F225(if any)] in whose area the extra land is situated;

(b)every owner and occupier of any of that extra land; and

(c)the Secretary of State.

[F226(2A)The reference in subsection (1) to land includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(2B)If 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).

(2C)The 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.]

(3)No [F227notification 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.

(4)Subsections (2) and (3) of section 28 shall apply for the purposes of this section as they apply for the purposes of that section.

(5)A 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

(c)the reasons why [F224Natural England] is of the opinion referred to in subsection (1).

(6)In addition, the notification under subsection (2)(b) shall include a statement—

(a)saying whether or not anything among the matters specified in the notification by virtue of subsection (5)(c) is particularly relevant to the extra land; and

(b)if any such thing is of particular relevance, specifying which.

(7)Subsections (5) to (7) of section 28 apply in relation to a notification under subsection (2) of this section as they apply in relation to a notification under subsection (1) of that section, as if references to “subsection (1)” [F228and “subsection (1B)”] in section 28(5) to (7) were references to subsection (2) [F229and subsection (2B) of this section respectively].

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

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

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

Textual Amendments

F223Ss. 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)

F225Words 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)

F226S. 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)

F227Words 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)

F228Words 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)

F229Words 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)

[F23028C Enlargement of SSSI.E+W

(1) Where [F231 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, [F231 Natural England] may decide to notify that fact.

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

(a) the local planning authority [F232 (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

(c)the Secretary of State.

[F233(2A)The reference in subsection (1) to land includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(2B)If 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).

(2C)The 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.]

(3)Subsections (2) to (8) of section 28 apply to a notification under subsection (2) of this section as they apply to a notification under subsection (1) of that section, as if references to “subsection (1)” [F234, “subsection (1)(b)” and “subsection (1B)”] in section 28(2) to (8) were references to subsection (2) [F235, subsection (2)(b) and subsection (2B)] of this section respectively.

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

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

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

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

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

(9)Any reference to—

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

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

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

Textual Amendments

F230Ss. 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)

F232Words 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)

F233S. 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)

F234Words 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)

F235Words 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)

[F23628CAGuidance in relation to subtidal notifications of SSSIsE+W

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

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

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the Welsh Ministers.]

Textual Amendments

F236S. 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)

[F23728CBPower to call in subtidal notificationsE+W

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

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

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

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

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

(5)The ministerial authority may direct—

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

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

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

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

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

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

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

(b)providing written representations to such a person.

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

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

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

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

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

Textual Amendments

F237S. 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)

[F23828D Denotification.E+W

(1)Where [F239Natural England] are of the opinion that all or part of a site of special scientific interest

[F240(a)]is [F241not] of special interest by reason of any of the matters mentioned in section 28(1), [F242or

(b)should 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.

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

(a)the local planning authority [F243(if any)] in whose area [F244the land mentioned in subsection (1)] is situated;

(b)every owner and occupier of any of that land;

(c)the Secretary of State;

(d)the Environment Agency; and

(e) every relevant undertaker (within the meaning of section 4(1) of the M16 Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the M17 Land Drainage Act 1991) whose works, operations or activities may affect the land.

(3)[F239Natural England] shall also publish a notification of [F245the 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.

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

(5)Where a notification under subsection (2) has been given, [F239Natural England] may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

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

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

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

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

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

Textual Amendments

F238Ss. 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)

F240Words 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)

F242S. 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)

F243Words 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)

F244Words 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)

F245Words 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)

Marginal Citations

[F24628E Duties in relation to sites of special scientific interest.E+W

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

(a)one of them has, after service of the notification, given [F247Natural England] notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and

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

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

(3)The conditions are—

(a)that the operation is carried out with [F248Natural England's] written consent;

(b)that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act [F249, section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016];

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

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

(a)subject to conditions, and

(b)for a limited period,

as specified in the consent.

(5)If [F247Natural England] do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).

(6)[F247Natural England] may, by notice given to every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates—

(a)withdraw the consent; or

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

(7)The following—

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

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

must include a notice of [F248Natural England's] reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8).

(8)The matters referred to in subsection (7) are—

(a)the rights of appeal under section 28F;

(b)the effect of subsection (9); and

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

(9)A withdrawal or modification of a consent is not to take effect until—

(a)the expiry of the period for appealing against it; or

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

(10)[F247Natural England] shall have power to enforce the provisions of this section.]

Textual Amendments

F246Ss. 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)

F249Words 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)

Modifications etc. (not altering text)

C22S. 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)

[F25028F Appeals in connection with consents.E+W

(1)The following persons—

(a)an owner or occupier who has been refused a consent under section 28E(3)(a),

(b)an 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,

(c)an owner or occupier who is aggrieved by the modification of a consent;

(d)an 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.

(2)If [F251Natural 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 [F251Natural England] as having refused consent (and his appeal is to be determined on that basis).

(3)Notice of an appeal must reach the Secretary of State—

(a)except 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), or

(b)in 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 [F251Natural England] and the appellant.

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

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

(b)cause 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.

(5)On determining an appeal against a decision, the Secretary of State may—

(a)affirm the decision,

(b)where the decision was a refusal of consent, direct [F251Natural England] to give consent,

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

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

and where he exercises any of the powers in paragraphs (b), (c) or (d) he may give directions to [F251Natural England] as to the terms on which they are to give consent.

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

(a)notices of appeal and supporting documentation required, and

(b)how appeals are to be brought and considered,

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

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

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

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

(10) Subsections (2) to (5) of section 250 of the M18 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—

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

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

(11) Section 322A of the M19 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.

[F252(12)In relation to Wales this section has effect as if for subsections (10) and (11) there were substituted—

(10)Section 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.]]

Textual Amendments

F250Ss. 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)

F252S. 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)

Marginal Citations

[F25328G Statutory undertakers, etc.: general duty.E+W

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

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

(3)The following are section 28G authorities—

(a) a Minister of the Crown (within the meaning of the Ministers of the M20 Crown Act 1975) or a Government department;

(b)the National Assembly for Wales;

(c)a local authority;

(d)a person holding an office—

(i)under the Crown,

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

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

(e) a statutory undertaker F254 . . . ; and

(f)any other public body of any description.

[F255(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.]]

Textual Amendments

F253Ss. 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)

Modifications etc. (not altering text)

C23S. 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)

Marginal Citations

[F25628H Statutory undertakers, etc.: duty in relation to carrying out operations.E+W

(1)A section 28G authority shall give notice to [F257Natural England] before carrying out, in the exercise of its functions, operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.

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

(3)In response to the notice referred to in subsection (1), [F257Natural England] may send a notice—

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

(b)assenting 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.

(4)If [F257Natural 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—

(a)shall not carry out the operations unless the condition set out in subsection (5) is satisfied, and

(b)shall comply with the requirements set out in subsection (6) when carrying them out.

(5)The 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—

(a)the 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), and

(b)how (if at all) it has taken account of any written advice it received from [F257Natural England], before the date of the notification under this paragraph, in response to the notice under subsection (1).

(6)The requirements are—

(a)that 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)); and

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

Textual Amendments

F256Ss. 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)

[F258 28I Statutory undertakers, etc.: duty in relation to authorising operations.E+W

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

(2)Before permitting the carrying out of operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, a section 28G authority shall give notice of the proposed operations to [F259Natural England].

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

(4)The authority shall wait until the expiry of the period of 28 days beginning with the date of the notice under subsection (2) before deciding whether to give its permission, unless [F259Natural England] have notified the authority that it need not wait until then.

(5)The authority shall take any advice received from [F259Natural England] into account—

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

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

(6)If [F259Natural England] advise against permitting the operations, or advise that certain conditions should be attached, but the section 28G authority does not follow that advice, the authority—

(a)shall give notice of the permission, and of its terms, to [F259Natural England], the notice to include a statement of how (if at all) the authority has taken account of the Council’s advice, and

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

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

Textual Amendments

F258Ss. 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)

Modifications etc. (not altering text)

C24S. 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)

[F26028J Management schemes.E+W

(1)[F261Natural England] may formulate a management scheme for all or part of a site of special scientific interest.

(2)A management scheme is a scheme for—

(a)conserving 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; or

(b)restoring them; or

(c)both.

(3)[F261Natural 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.

(4)The notice may be served with the notification referred to in section 28(1)(b) or afterwards.

(5)The owners and occupiers upon whom the notice must be served (referred to in this section as “the relevant owners and occupiers”) are—

(a)if 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);

(b)if 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.

(6)The notice of a proposed management scheme must include a copy of the proposed scheme.

(7)The 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 [F261Natural England] shall consider any representation or objection duly made.

(8)Where a notice under subsection (3) has been given, [F261Natural 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—

(a)give notice to the relevant owners and occupiers withdrawing the notice, or

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

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

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

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

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

(10)[F262Natural England's] power under subsection (8)(b) to confirm a management scheme with modifications shall not be exercised so as to make complying with it more onerous.

(11)[F261Natural England] may at any time cancel or propose the modification of a management scheme.

(12)In relation to—

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

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

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

F263(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F260Ss. 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)

F263S. 28J(13) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(2)(a), Sch. 2 para. 3(3)

[F26428K Management notices.E+W

(1)Where it appears to [F265Natural England] that—

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

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

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

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

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

(a)carry out such work on the land, and

(b)do such other things with respect to it,

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

(4)The work and other things specified in the notice must appear to [F265Natural England] to be measures which it is reasonable to require in order to ensure that the land is managed in accordance with the management scheme.

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

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

(7)If any of the work or other things required by a management notice have not been done within the period or by the date specified in it, [F265Natural England] may—

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

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

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

Textual Amendments

F264Ss. 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)

[F26628L Appeals against management notices.E+W

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

(a)the expiry of the period for appealing against it; or

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

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

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

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

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

(b)cause 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.

(5)On 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.

(6)In particular, on determining an appeal whose grounds are, or include, those mentioned in subsection (2), the Secretary of State may—

(a)vary 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; or

(b)determine that a payment is to be made by any such other person to the appellant.

(7)In 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)—

(a)their relative interests in the land (considering both the nature of the interests and the rights and obligations arising under or by virtue of them);

(b)their relative responsibility for the state of the land which gives rise to the requirements of the management notice; and

(c)the relative degree of benefit to be derived from carrying out the requirements of the management notice.

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

(a)the period within which and the manner in which appeals are to be brought, and

(b)the manner in which they are to be considered,

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

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

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

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

(12) Subsections (2) to (5) of section 250 of the M21 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—

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

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

(13) Section 322A of the M22 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.

[F267(14)In relation to Wales this section has effect as if for subsections (12) and (13) there were substituted—

(12)Section 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.]]

Textual Amendments

F266Ss. 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)

F267S. 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)

Marginal Citations

[F26828M Payments.E+W

(1)Where [F269Natural England], under section 28E(6), modify or withdraw a consent, they shall make a payment to any owner or occupier of the land who suffers loss because of the modification or withdrawal.

(2)[F269Natural England] may, if they think fit, make one or more payments to any owner or occupier of land in relation to which a management scheme under section 28J is in force.

(3)The amount of a payment under this section is to be determined by [F269Natural England] in accordance with guidance given and published by the Ministers.

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

Textual Amendments

F268Ss. 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)

[F27028N Compulsory purchase.E+W

(1)[F271Natural England] may in circumstances set out in subsection (2) acquire compulsorily all or any part of a site of special scientific interest.

(2)The circumstances are—

(a)that [F271Natural England] are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land; or

(b)that [F271Natural England] have entered into such an agreement, but they are satisfied that it has been breached in such a way that the land is not being managed satisfactorily.

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

(4)Where [F271Natural England] have acquired land compulsorily under this section, they may—

(a)manage it themselves; or

(b)dispose of it, or of any interest in it, on terms designed to secure that the land is managed satisfactorily.

(5)Section 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.]

Textual Amendments

F270Ss. 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)

[F27228P Offences.E+W

(1)A person who, without reasonable excuse, contravenes section 28E(1) is guilty of an offence and is liable [F273on summary conviction, or on conviction on indictment, to a fine].

(2)A 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—

(a)without first complying with section 28H(1), or

(b)(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 [F274on summary conviction, or on conviction on indictment, to a fine].

(3)A 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 [F275on summary conviction, or on conviction on indictment, to a fine].

(4)For 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 M23 Town and Country Planning Act 1990 or permitted by a section 28G authority which has acted in accordance with section 28I; or

(b)the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to [F276Natural England] as soon as practicable after the commencement of the operation.

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

[F277(5A)A section 28G authority which, in the exercise of its functions, permits the carrying out of an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest—

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

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

is, unless there was a reasonable excuse for permitting the carrying out of the operation without complying, guilty of an offence and is liable [F278on summary conviction, or on conviction on indictment, to a fine].

(5B)For 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.]

(6)A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—

(a)intentionally 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, and

(b)knew that what he destroyed, damaged or disturbed was within a site of special scientific interest,

is guilty of an offence and is liable [F279on summary conviction, or on conviction on indictment, to a fine].

[F280(6A)A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse—

(a)intentionally 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, or

(b)intentionally 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.]

(7)It is a reasonable excuse in any event for a person to do what is mentioned in subsection (6) [F281or (6A)] if—

(a)paragraph (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) [F282or (6A)]), and

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

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

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

(10)Proceedings in England and Wales for an offence under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than [F276Natural England].

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

Textual Amendments

F272Ss. 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)

Marginal Citations

[F28328Q Change of owner or occupier.E+W

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

(a)disposes of any interest of his in the land; or

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

(2)If this section applies, the owner shall send a notice to [F284Natural England] before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation.

(3)The notice is to specify the land concerned and—

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

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

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

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

Textual Amendments

F283Ss. 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)

[F28528R Byelaws.E+W

(1)[F286Natural England] may make byelaws for the protection of a site of special scientific interest.

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

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

(b)sections 106 and 107.]

Textual Amendments

F285Ss. 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)

[F28728SNotices and signs relating to SSSIsE+W+S

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

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

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

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

29 Special protection for certain areas of special scientific interest.E+W+S

F288. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F288S. 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. 2

30 Compensation where order is made under s. 29.E+W+S

F289. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

31[F290Restoration following offence under section 28P.]E+W

[F291(1)Where—

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

(b)a person is convicted of an offence under section 28P(6) [F292or (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.]

(2)An 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 M24Criminal 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 [F293the Supreme Court] the conviction is restored by [F293the Supreme Court], [F293the Supreme Court] may make any order under this section which could be made on his conviction by the court which convicted him.

(3)In the case of an order under this section made by a magistrates’ court the period specified in the order shall not begin to run—

(a)in 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;

(b)where notice of appeal is given within the period so prescribed, until determination of the appeal.

(4)At 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.

(5)If, 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—

(a)to a fine not exceeding [F294level 5 on the standard scale]; and

(b)in the case of a continuing offence, to a further fine not exceeding £100 for each day during which the offence continues after conviction.

(6)If, within the period specified in an order under this section, any operations specified in the order have not been carried out, [F295Natural 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.

(7)In the application of this section to Scotland—

(a)subsections (2) and (3) shall not apply; and

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

Extent Information

E24This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F290S. 31 sidenote substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(3)

F291S. 31(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 3(2)

Marginal Citations

32 Duties of agriculture Ministers with respect to areas of special scientific interest.E+W

(1)Where an application for [F296a farm capital grant] is made as respects expenditure incurred or to be incurred for the purpose of activities on [F297land included in a site of special scientific interest]. . ., the appropriate Minister—

(a)shall, so far as may be consistent with the purposes of [F298the grant provisions], so exercise his functions thereunder as to further the conservation of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; and

(b)where [F299Natural England] have objected to the making of the grant on the ground that the activities in question have destroyed or damaged or will destroy or damage that flora or fauna or those features, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State.

(2)Where, in consequence of an objection by [F299Natural 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), [F299Natural England] shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act—

(a)imposing restrictions as respects those activities; and

(b)providing for the making by them of payments to the applicant.

[F300(2A)Subsection (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.]

[F301(3)In this section—

  • the appropriate Minister” means the Minister responsible for determining the application;

  • farm capital grant” means—

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

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

  • grant provisions” means—

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

(ii) in the case of such a grant as is mentioned in paragraph ( b ) above, the regulations under which the grant is made and the [F302EU] instrument in pursuance of which the regulations were made.]

Extent Information

E25This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F297Words in s. 32(1) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 4

F30333 Ministerial guidance as respects areas of special scientific interest.E+W+S

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

Textual Amendments

34 Limestone pavement orders.E+W

[F304(1)Natural England must notify any local planning authority of any limestone pavement in that authority's area.]

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

(3)The relevant authority may, after consultation with [F305Natural England], amend or revoke a limestone pavement order made by the authority; and the Secretary of State may, after such consultation as aforesaid, amend or revoke any such order made by him or that authority but, in the case of an order made by that authority, only after consultation with that authority.

(4)If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable [F306on summary conviction, or on conviction on indictment, to a fine].

(5)It is a reasonable excuse in any event for a person to remove or disturb limestone or cause or permit its removal or disturbance, if the removal or disturbance was authorised by a planning permission granted on an application under [F307Part III of the Town and Country Planning Act 1990]. . . .

(6)In this section—

  • F308. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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;

  • [F309the relevant authority” means—

    (a)

    in relation to a non-metropolitan county [F310in England], the county planning authority and, in relation to any other area in England, the local planning authority;

    (aa)

    [F311in relation to any area in Wales, the local planning authority;]

    (b)

    F312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Extent Information

E26This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F305Words 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. 2

F311Para. (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. 2

F312S. 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. 2

Modifications etc. (not altering text)

C25S. 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. 1

F313[F314Nature reserves, ... and Ramsar sitesE+W+S

Textual Amendments

F313Words in cross-heading preceding s. 34A omitted (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 146(1), 324(2)(b)(i), Sch. 11 para. 2(3) (with s. 145); S.I. 2014/3088, art. 2(b); and those same words repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(a) (with s. 162); S.S.I. 2010/230, art. 2(h)

34AMeaning of “appropriate conservation body”E+W+S

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

(a)in relation to England, Natural England;

(b)in relation to Wales, [F315the Natural Resources Body for Wales];

(c)in relation to Scotland, Scottish Natural Heritage.]

Textual Amendments

X335 National nature reserves.E+W+S

(1)Where [F316the appropriate conservation body] are satisfied that any land which—

(a)is being managed as a nature reserve under an agreement entered into with [F316the appropriate conservation body];

(b)is held by [F316the appropriate conservation body] and is being managed by them as a nature reserve; or

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

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

[F317(1A)The land which may be declared to be a national nature reserve in England or Wales includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(1B)Where 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—

(a)area B adjoins area A, and

(b)any of the conditions in subsection (1C) is satisfied.

(1C)The conditions are—

(a)that the flora, fauna or features leading to the management of area A as a nature reserve is or are also present in area B;

(b)that 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;

(c)that, 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.

(1D)The 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).]

(2)A declaration by [F316the appropriate conservation body] that any land is a national nature reserve shall be conclusive of the matters declared; and subsections (4) and (5) of section 19 of the 1949 Act shall apply in relation to any such declaration as they apply in relation to a declaration under that section.

(3)On the application of the approved body concerned, [F316the appropriate conservation body], as respects any land which is declared to be a national nature reserve under subsection (1)(c), make byelaws for the protection of the reserve.

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

(5)In this section—

  • approved body” means a body approved by [F316the appropriate conservation body] for the purposes of this section;

  • nature reserve” has the same meaning as in Part III of the 1949 Act.

Editorial Information

X3The 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.

Textual Amendments

F317S. 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)

[F31835APower to call in subtidal declarationsE+W+S

(1)This section applies where—

(a)the appropriate conservation body propose to declare land to be a national nature reserve under section 35(1), and

(b)the land to which the proposed declaration relates includes, by virtue of section 35(1B), land lying below mean low water mark (“the subtidal land”).

(2)The 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.

(3)At 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.

(4)If 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).

(5)The ministerial authority may direct—

(a)that the reserve (if declared) must include all of the subtidal land;

(b)that the reserve (if declared) must not include any of the subtidal land;

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

(d)that the decision whether the reserve (if declared) should include the subtidal land is to be taken by the appropriate conservation body.

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

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

(b)providing written representations to such a person.

(7)A person appointed under subsection (6) must make a report to the ministerial authority of any oral or written representations made under that subsection.

(8)The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (6).

(9)The power to make regulations under subsection (8) is exercisable by statutory instrument.

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

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

(12)In this section “the ministerial authority” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the Welsh Ministers.]

Textual Amendments

F318S. 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)

F31936 Marine nature reserves.E+W+S

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

Textual Amendments

F319S. 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)

[F32037 Byelaws for protection of marine nature reserves.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F320S. 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)

X4[F32137A Ramsar sites.E+W

(1)Where 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—

(a)notify [F322Natural England] if all or part of the wetland is in England;

(b)notify [F323the Natural Resources Body for Wales] if it is in Wales; or

(c)notify both of them if it is partly in England and partly in Wales.

(2)Subject to subsection (3), upon receipt of a notification under subsection (1), each body notified shall, in turn, notify—

(a)the local planning authority in whose area the wetland is situated;

(b)every owner and occupier of any of that wetland; [F324and]

F325(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)every relevant undertaker (within the meaning of section 4(1) of the M25Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the M26Land Drainage Act 1991) whose works, operations or activities may affect the wetland.

[F326(2A)Subject to subsection (3), upon receipt of a notification under subsection (1), Natural England shall, in turn, notify the Environment Agency.]

[F327(2B)Subject to subsection (3), upon receipt of a notification under subsection (1) relating to a wetland all or part of which is in [F328the 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 [F329that corporate joint committee].]

(3)[F322Natural England] and [F330the 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.

(4)Subject 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—

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

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

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

Editorial Information

X4The 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.

Textual Amendments

F321S. 37A inserted (30.1.2001) by 2000 c. 37, ss. 77, 103(2)

F327S. 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)

Marginal Citations

F33138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

CountrysideE+W+S

39 Management agreements with owners and occupiers of land.E+W

(1)A relevant authority may, for the purpose of conserving or enhancing the natural beauty or amenity of any land which is F332. . . within their area or promoting its enjoyment by the public, make an agreement (in this section referred to as a “management agreement”) with any person having an interest in the land with respect to the management of the land during a specified term or without limitation of the duration of the agreement.

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

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

(b)may 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; and

(c)may 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.

(3)The 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.

(4)Schedule 2 to the M27Forestry 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.

(5)In this section “the relevant authority” means—

F333(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F334(aa)as respects land within the Broads, the Broads Authority;]

F335(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)as respects any other land, the local planning authority.

[F336(d)F337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F338(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)as 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.]

(6)The 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.

F33940 Experimental schemes.E+W

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

Textual Amendments

41 Duties of agriculture Ministers with respect to the countryside.E+W+S

F340[F341(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the exercise of his general duty under section 4(2) of the M28Small 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

[F342(a)advice to persons carrying on agricultural businesses on the conservation and enhancement of the natural beauty and amenity of the countryside;

(b)advice to such persons on diversification into other enterprises of benefit to the rural economy; and

(c)advice to government departments and other bodies exercising statutory functions on the promotion and furtherance of such diversification as is mentioned in paragraph (b).]

(3)Where an application for [F343a 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 [F344(including a National Park in Scotland)]or an area specified for the purposes of this subsection by the Ministers, the appropriate Minister—

(a)shall, so far as may be consistent with the purposes of the [F345the grant provisions], so exercise his functions thereunder as to further the conservation and enhancement of the natural beauty and amenity of the countryside and to promote its enjoyment by the public; and

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

F346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)imposing restrictions as respects those activities; and

(b)providing for the making by them of payments to the applicant.

(5)In this section—

  • [F347agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970;]

  • [F347the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32;]

  • [F348management agreement” means—

    (a)

    in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and

    (b)

    in relation to Wales, an agreement under section 39 [F349or 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 [F350and in relation to Wales it also includes the Natural Resources Body for Wales].]

[F351(5A)For the purposes of this section the Broads shall be treated as a National Park [F352(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)F353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F342S. 41(2)(a)–(c) substituted for words by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(4), Sch. 3 para. 4

F344Words 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. 2

F348S. 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. 2

F352Words 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. 2

Modifications etc. (not altering text)

C27S. 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. 7

Marginal Citations

National ParksE+W

[F35441AApplication of sections 42 to 45 in WalesE+W

In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to [F355the Natural Resources Body for Wales].]

42 Notification of agricultural operations on moor and heath in National Parks.E+W

(1)[F356A 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 [F357the relevant Park] and which appears to them to consist of or include moor or heath.

(2)Subject to subsection (3), no person shall—

(a)by 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; or

(b)carry out on any such land any other agricultural operation or any forestry operation which (in either case) appears to [F358the National Park authority] to be likely to affect its character or appearance and is specified in the order applying this subsection to that land.

(3)Subsection (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—

(a)one of them has, after the coming into force of the order, given the [F359National 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; and

(b)one of the conditions specified in subsection (4) is satisfied.

(4)The said conditions are—

(a)that the [F359National Park authority] have given their consent to the carrying out of the operation;

(b)where that authority have neither given nor refused their consent, that three months have expired from the giving of the notice; and

(c)where that authority have refused their consent, that twelve months have expired from the giving of the notice.

(5)A person who, without reasonable excuse, contravenes subsection (2) shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(6)Where the [F359National Park authority] are given notice under this section in respect of any land, the authority shall forthwith send copies of the notice to [F360Natural England] .

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

[F361(8)An order under this section shall be made by statutory instrument and the Statutory Instruments Act 1946 shall apply to such an instrument as if the order had been made by a Minister of the Crown.]

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

43 Maps of National Parks showing certain areas of moor or heath.E+W

(1)Every [F362local planning authority] whose area comprises the whole or any part of a National Park shall—

(a)before the expiration of the period of two years beginning with [F363the relevant date], prepare a map of the Park or the part thereof showing any areas [F364to which this section applies whose natural beauty] it is, in the opinion of the authority, particularly important to conserve; and

(b)[F365at 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.

[F366(1A)In considering under subsection (1) whether any area to which this section applies is one whose natural beauty it is particularly important to conserve, a [F367local planning authority] shall act in accordance with the guidelines from time to time issued F368 . . . under subsection (1B).

(1B)[F369Natural England shall] issue guidelines for the guidance of county planning authorities in considering as mentioned in subsection (1A), and [F370Natural England may] from time to time revise any guidelines so issued.

(1C)Before issuing or revising any guidelines under subsection (1B) [F371Natural England] shall consult such bodies as appear to them to represent interests concerned; and before preparing or revising any map under subsection (1) a [F367local planning authority] shall consult such bodies as appear to the authority to represent interests concerned with matters affecting the Park or part of the Park in question.]

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

[F372(3)This section applies to any area of mountain, moor, heath, woodland, down, cliff or foreshore (including any bank, barrier, dune, beach, flat or other land adjacent to the foreshore); and in this section “the relevant date” means the date of issue of the first guidelines under subsection (1B).]

Textual Amendments

Modifications etc. (not altering text)

C30S. 43 modified (19.9.1995) by 1995 c. 25, ss. 69(3), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)

44 Grants and loans for purposes of National Parks.E+W

F373(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F374(1A)F375. . .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).]

(2)On making a grant or loan under this section [F376the authority in question] may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.

(3)[F376The 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.

[F377(4)For the purposes of this section the Broads Authority shall be treated as a [F378National Park authority and the Broads as a National Park for which it is the local planning authority.]]

45 Power to vary order designating National Park.E+W

[F379(1)[F380Natural 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 F381. . . , and—

(a)section 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 [F380Natural England] ; and

(b)Schedule 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)F382. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Miscellaneous and supplementalE+W+S

F38547[F384Grants to the Countryside Council for Wales]E+W

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

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F386E+W

49 Extension of power to appoint wardens.E+W

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

(a)the public are allowed access to the land; and

(b)there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority, [F387the Natural Resources Body for Wales] or [F388Natural England] to appoint wardens as respects that land.

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

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

(4)Notwithstanding the provisions of section 41(8) of the 1968 Act ([F388Natural England] [F389or [F387the 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 [F388Natural England] [F389or [F387the Natural Resources Body for Wales]] any additional power to appoint wardens.

50 Payments under certain agreements offered by authorities.E+W

(1)This section applies where—

(a)[F390Natural England or [F391the Natural Resources Body for Wales] offer to enter into a nature reserve agreement or an SSSI agreement] F392... providing for the making by them of payments [F393to any person; or]

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

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

(3)If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator F394. . . to be appointed, in default of agreement, by the Secretary of State; and where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall—

(a)amend the offer so as to give effect to the arbitrator’s F394. . . determination; or

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

(4)In this section—

  • [F395farm capital grant” has the same meaning as in section 32;]

  • management agreement” and “the relevant authority” have the same meanings as in section 41.

  • [F396nature 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.]

Extent Information

E27This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F392Words 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)

F393Words 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)

Modifications etc. (not altering text)

C31S. 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)

51 Powers of entry.E+W

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

[F397(a)to determine whether the land should be notified under section 28(1);

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

(c)to determine whether or not to offer to enter into [F398a nature reserve agreement or an SSSI agreement] F399... in relation to the land;

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

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

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

(g)to prepare a management notice for the land;

(h)to ascertain whether the terms of [F398a nature reserve agreement or an SSSI agreement] F400... in relation to the land, or the terms of a management scheme or the requirements of a management notice in relation to the land, have been complied with;

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

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

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

[F401(ka)for the purposes of putting up, maintaining or removing notices or signs under section 28S;]

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

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

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

[F402(1A)The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1).

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

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

(a)for the purposes of [F403paragraphs (a) to (ka)] of that subsection, [F404Natural England or [F405the Natural Resources Body for Wales]];

(b)for the purposes of [F406paragraph (l)] of that subsection, the Secretary of State or the relevant authority within the meaning of section 34;

(c)for the purposes of [F406paragraph (m)] of that subsection, F407. . . the [F408National Park authority].

[F409(2A)In subsection (1)—

  • nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;

  • SSSI agreement” has the same meaning as in section 15A of the 1968 Act.]

(3)A person shall not demand admission as of right to any land which is occupied unless either—

(a)24 hours notice of the intended entry has been given to the occupier; or

[F410(b)the 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.]

[F411(3A)A person acting in the exercise of a power conferred by subsection (1) may—

(a)use a vehicle or a boat to enter the land;

(b)take a constable with him if he reasonably believes he is likely to be obstructed;

(c)take with him equipment and materials needed for the purpose for which he is exercising the power of entry;

(d)take samples of the land and of anything on it.

(3B)If 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.]

(4)Any 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 [F412level 3 on the standard scale].

[F413(5)It is the duty of a relevant authority to compensate any person who has sustained damage as a result of—

(a)the exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, or

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

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

Extent Information

E28This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F397S. 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)

F402S. 51(1A)(1B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(3), 103(2)

F406Words in s. 51(2)(a)(b)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(4)(a)(b)(c)

F408Words 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)

F410S. 51(3)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(5), 103(2)

F411S. 51(3A)(3B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(6), 103(2)

F413S. 51(5) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(7), 103(2)

Modifications etc. (not altering text)

C32S. 51 amended (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 11 para. 21

[F41451ASummary prosecutionsE+W

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

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

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

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

52 Interpretation of Part II.E+W+S

(1)In this Part, unless the context otherwise requires,—

  • agricultural land” does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land;

  • [F415estuarial 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.

  • F416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F418notice” 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)[F419 In the application of this Part to England (except as respects [F420 a National Park for which a National Park authority is the local planning authority,] a metropolitan county or Greater London) F421 . . . references to a local planning authority shall be construed—

F422(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F423 . . . 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 [F424and, in sections 28 to 28D, shall also be construed in accordance with section 28(10);].

[F425(2A)Where a notification under section 28(1)(b) has been—

(a)modified under section 28(5)(b),

(b)varied under section 28A(3), or

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

(d)extended under section 28B(2), or

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

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

(2B)References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28C(9).

(2C) For the purposes of this Part, in relation to land in England and Wales which is [F426common land] [F426subject to rights of common (within the meaning of the Commons Act 2006)], “occupier” includes [F426the commoners or any of them; and

(a)common land” means common land as defined in section 22 of the M29 Commons Registration Act 1965; and

(b)commoner” means a person with rights of common as defined in that section.]

[F426the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land]]

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

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

(5)F427. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F415S. 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)

F416S. 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. 2

F418S. 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)

F419Words 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)

F420Words 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. 3

F422S. 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. 2

F423Words 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. 2

F424Words in s. 52(2) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(3)

F425S. 52(2A)-(2C) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(4)

F426Words 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)

Modifications etc. (not altering text)

C33S. 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)

Marginal Citations

Part III E+W Public Rights of Way

Ascertainment of public rights of wayE+W

53 Duty to keep definitive map and statement under continuous review.E+W

(1)In this Part “definitive map and statement”, in relation to any area, means, subject to section 57(3) [F428and 57A(1)],—

(a)the latest revised map and statement prepared in definitive form for that area under section 33 of the 1949 Act; or

(b)where 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; or

(c)where no such map and statement have been so prepared, the map and statement prepared for that area under section 55(3).

(2)As regards every definitive map and statement, the surveying authority shall—

(a)as 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); and

(b)as 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.

(3)The events referred to in subsection (2) are as follows—

(a)the coming into operation of any enactment or instrument, or any other event, whereby—

(i)a highway shown or required to be shown in the map and statement has been authorised to be stopped up, diverted, widened or extended;

(ii)a 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; or

(iii)a 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 [F429or a restricted byway];

(b)the 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 [F430or restricted byway] ;

(c)the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows—

(i)that 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 [F431a right of way such that the land over which the right subsists is a public path [F432, a restricted byway] or, subject to section 54A, a byway open to all traffic];

(ii)that 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; or

(iii)that 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.

(4)The modifications which may be made by an order under subsection (2) shall include the addition to the statement of particulars as to—

(a)the position and width of any public path [F433, restricted byway] or byway open to all traffic which is or is to be shown on the map; and

(b)any limitations or conditions affecting the public right of way thereover.

[F434(4A)Subsection (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.

(4B)For 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.]

(5)Any 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.

[F435(5A)Evidence 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.]

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

Textual Amendments

F428Words 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. 2

F429Words 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. 2

F431Words 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. 2

F433Words 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. 2

F435S. 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. 2

Modifications etc. (not altering text)

C34S. 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. 1

S. 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. 2

[F43653A Power to include modifications in other orders.E+W

(1)This section applies to any order—

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

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

(c)which is made by the surveying authority, and

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

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

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

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

(b)shall, if the order becomes subject to special parliamentary procedure,

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

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

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

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

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

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

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

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

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

Textual Amendments

F436S. 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. 2

[F43753B Register of applications under section 53.E+W

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

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

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

(4)Regulations may make provision—

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

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

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

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

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

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

(6)In this section—

  • prescribed” means prescribed by regulations;

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

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

Textual Amendments

F437S. 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. 4

54 Duty to reclassify roads used as public paths.E+W

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

Textual Amendments

F438S. 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. 2

Prospective

[F43954A BOATs not to be added to definitive maps.E+W

(1)No 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.

(2)In this section “the cut-off date” means, subject to regulations under subsection (3), 1st January 2026.

(3)The Secretary of State may make regulations—

(a)substituting as the cut-off date a date later than the date specified in subsection (2) or for the time being substituted under this paragraph;

(b)containing 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—

(i)an order under section 53(2) for which on the cut-off date an application is pending,

(ii)an order under this Part which on that date has been made but not confirmed,

(iii)an order under section 55 made after that date, or

(iv)an 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.

(4)Regulations under subsection (3)(a)—

(a)may specify different dates for different areas; but

(b)may not specify a date later than 1st January 2031, except as respects an area within subsection (5).

(5)An area is within this subsection if it is in—

(a)the Isles of Scilly, or

(b)an area which, at any time before the repeal by section 73 of this Act of sections 27 to 34 of the 1949 Act—

(i)was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or

(ii)would have been so excluded but for a resolution having effect under section 35(2) of that Act.

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

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

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

Textual Amendments

55 No further surveys or reviews under the 1949 Act.E+W

(1)No 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—

(a)to complete the survey or review; or

(b)to abandon the survey or review to such extent as may be specified in the direction.

(2)Where 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.

(3)Where, 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.

(4)Where 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—

(a)to 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;

(b)to give effect to any decision of the Secretary of State under section 29(6) of that Act; and

(c)to 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.

(5)Where 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—

(a)to give effect to any decision of the Secretary of State under paragraph 4(4) of Part II of Schedule 3 to the 1968 Act; and

(b)to 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.

(6)Orders under subsection (4) or (5) shall take effect on their being made.

[F440(7)Every way which—

(a)in 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, and

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

shall be a highway maintainable at the public expense.

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

Textual Amendments

F440S. 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. 2

56 Effect of definitive map and statement.E+W

(1)A definitive map and statement shall be conclusive evidence as to the particulars contained therein to the following extent, namely—

(a)where 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;

(b)where 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;

(c)where 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;

(d)where the map shows a [F441restricted byway], the map shall [F442, 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 [F443together 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; and

(e)where 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.

[F444(1A)In 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 M30Road Traffic Act 1988.]

(2)For the purposes of this section “the relevant date”—

(a)in relation to any way which is shown on the map otherwise than in pursuance of an order under the foregoing provisions of this Part [F445or an order to which section 53A applies which includes provision made by virtue of subsection (2) of that section], means [F446, subject to subsection (2A),] the date specified in the statement as the relevant date for the purposes of the map;

(b)in 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) [F447or (3A)], is specified in the order as the relevant date for the purposes of the order.

[F448(2A)In 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—

(a)subsection (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—

(i)been authorised to be stopped up, diverted or widened, or

(ii)become a public path, and

(b)subsection (2)(a) has effect in relation to any way so shown with the substitution of that date for the date mentioned there.]

(3)Every 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.

[F449(3A)Every 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.]

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

[F450(4A)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(5)F451. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F441Words 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. 2

F442Words 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. 2

F443Words 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. 2

F444S. 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. 2

F445Words 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. 2

F446Words 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. 2

F447Words 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. 2

F448S. 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. 2

F449S. 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. 2

F450S. 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. 2

Marginal Citations

57 Supplementary provisions as to definitive maps and statements.E+W

(1)An order under the foregoing provisions of this Part shall be in such form as may be prescribed by regulations made by the Secretary of State, and shall contain a map, [F452on such scale as may be so prescribed,] showing the modifications to which the order relates.

(2)Regulations made by the Secretary of State may prescribe the scale on which maps are to be prepared under [F453subsection (1) or any other provision of this Part], and the method of showing in definitive maps and statements anything which is required to be so shown.

(3)Where, in the case of a definitive map and statement for any area which have been modified in accordance with the foregoing provisions of this Part, it appears to the surveying authority expedient to do so, they may prepare a copy of that map and statement as so modified; and where they do so, the map and statement so prepared, and not the map and statement so modified, shall be regarded for the purposes of the foregoing provisions of this Part [F454, and for the purposes of section 57A(1),] as the definitive map and statement for that area.

[F455(3A)Where as respects any definitive map and statement the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, the map and statement are to be regarded for the purposes of subsection (3) as having been modified in accordance with the foregoing provisions of this Part whether or not, as respects the map and statement, the requirements of section 54 have been complied with.]

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

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

(a)a copy of the map and statement; and

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

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

[F456(5A)Subsection (5) shall apply in relation to land in Wales as if “in each district comprised” were omitted.]

(6)Notwithstanding anything in subsection (5), an authority shall not be required to keep available for inspection more than one copy of—

(a)any definitive map and statement; or

(b)each 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.

[F457(6A)In 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—

(a)orders to which section 53A applies modifying the map and statement, and

(b)such 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.

(6B)Regulations 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.

(6C)Regulations made by the Secretary of State may require any surveying authority—

(a)to keep such other documents as may be prescribed by the regulations available for inspection at such times and places and in such manner as may be so prescribed, or

(b)to provide to any other surveying authority any document so prescribed which that authority is, by regulations under paragraph (a), required to keep available for inspection.]

(7)Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the provisions of this Part including, in particular, section 53(5) and subsection (5).

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

Textual Amendments

F452Words 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. 2

F453Words 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. 2

F454Words 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. 2

F455S. 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. 2

F457S. 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. 2

[F45857A Consolidation of definitive maps and statements.E+W

(1)Where—

(a)different definitive maps and statements relate to different parts of a surveying authority’s area,

(b)as respects so much of each definitive map and statement as relates to that area the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, and

(c)there is no part of that area to which no definitive map and statement relate,

the authority may, if it appears to them expedient to do so, prepare a map and statement comprising copies of so much of each definitive map and statement as relates to the authority’s area; and where they do so the map and statement so prepared and not, so far as copied, the earlier maps and statements shall be regarded for the purposes of sections 53 to 56 and 57(2) and (3) as the definitive map and statement for the area to which they relate.

(2)The power conferred by subsection (1) is not exercisable by a surveying authority if the definitive map and statement relating to any part of the authority’s area is a map and statement in respect of which a review under section 33 of the 1949 Act was begun before the commencement date but has been neither abandoned in pursuance of a direction under section 55(1) nor completed.

(3)References in subsection (1) to a definitive map and statement are, in the case of a map and statement modified in accordance with any of the foregoing provisions of this Part, references to the map and statement as modified.

(4)The statement prepared under subsection (1) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine.

(5)Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the preparation by them of any map and statement under subsection (1).]

Textual Amendments

F458S. 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. 2

58 Application of ss. 53 to 57 to inner London.E+W

(1)Subject to subsection (2), the foregoing provisions of this Part shall not apply to any area to which this subsection applies; and this subsection applies to any area which, immediately before 1st April 1965, formed part of the administrative county of London.

(2)A London borough council may by resolution adopt the said foregoing provisions as respects any part of their area specified in the resolution, being a part to which subsection (1) applies, and those provisions shall thereupon apply accordingly.

(3)Where by virtue of a resolution under subsection (2), the said foregoing provisions apply to any area, those provisions shall have effect in relation thereto as if for references to the commencement date there were substituted references to the date on which the resolution comes into operation.

Miscellaneous and supplementalE+W

59 Prohibition on keeping bulls on land crossed by public rights of way.E+W

(1)If, in a case not falling within subsection (2), the occupier of a field or enclosure crossed by a right of way to which this Part applies [F459or 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 [F460level 3 on the standard scale].

(2)Subsection (1) shall not apply to any bull which—

(a)does not exceed the age of ten months; or

(b)is not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large.

(3)Nothing in any byelaws, whenever made, shall make unlawful any act which is, or but for subsection (2) would be, made unlawful by subsection (1).

(4)In this section “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.

(5)The Secretary of State may by order add any breed to, or remove any breed from, subsection (4); and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F459Words 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)

Modifications etc. (not altering text)

F46160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F462X561 Ploughing of public rights of way.E+W

(1)Section 134 of the M31Highways Act 1980 (ploughing of footpath or bridleway) shall have effect subject to the amendments provided for by subsections (2) to (9).

(2)Subsection (3) (7 days’ notice of intention to plough) shall be omitted.

(3)In subsection (4) (duty to resore surface of footpath or bridleway), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a)not later than 2 weeks from the time when the occupier began to plough the footpath or bridleway, or

(b)if prevented from doing so by exceptional weather conditions, as soon as practicable thereafter,.

(4)In subsection (5) (failure to comply with subsection (3) or (4)) the words “(3) or” shall be omitted, for paragraphs (a) and (b) there shall be substituted the words “to a fine not exceeding £200” and for the words “subsection (4)”, in the second place where they occur, there shall be substituted the words “that subsection”.

(5)After that subsection there shall be inserted the following subsection—

(5A)A person who ploughs any footpath, bridleway or other highway otherwise than in the exercise of a right to plough it shall be guilty of an offence and liable to a fine not exceeding £200.

(6)In subsection (6) (enforcement of subsections (3) to (5)) for the words “subsections (3) to (5) above as respects any footpath or bridleway” there shall be substituted the words “subsections (4) to (5A) above as respects any footpath, bridleway or other highway”.

(7)In subsection (7) (proceedings by parish or community councils) after the words “subsection (4)” there shall be inserted the words “or (5A)”.

(8)In subsection (8) (power of competent authority to restore surface of footpath or bridleway) for the words “footpath or bridleway” there shall be substituted the words “footpath, bridleway or other highway”.

(9)In subsection (10) (competent authorities for the purposes of subsections (8) and (9)) for the words “footpath or bridleway”, in both places where they occur, there shall be substituted the words “footpath, bridleway or other highway”.

(10)In section 135(1) of the said Act of 1980 (temporary diversion of footpath or bridleway ploughed up under section 134) the words “6 or” and “6 weeks or” shall be omitted.]

Editorial Information

X5The 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.

Textual Amendments

Marginal Citations

62 Appointment of wardens for public rights of way.E+W

A local authority may appoint such number of persons as appears to the authority to be necessary or expedient to act as wardens as respects a footpath, bridleway [F463, restricted byway] or byway open to all traffic which is both in the countryside and in the area of the authority, and the purpose for which the wardens may be so appointed is to advise and assist the public in connection with the use of the path or way.

63 Orders creating, extinguishing or diverting footpaths and bridleways.E+W

The enactments mentioned in Schedule 16 (which relate to the making and confirmation of certain orders creating, extinguishing or diverting footpaths and bridleways) shall have effect subject to the amendments provided for in that Schedule.

X664 Publication of dedication of footpaths and bridleways.E+W

At the end of section 25 of the M32 Highways Act 1980 (creation of footpath or bridleway by agreement) there shall be inserted the following subsection—

(6)As soon as may be after the dedication of a footpath or bridleway in accordance with a public path creation agreement, the local authority who are party to the agreement shall give notice of the dedication by publication in at least one local newspaper circulating in the area in which the land to which the agreement relates is situated..

Editorial Information

X6The 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.

Marginal Citations

X765 Signposting of byways open to all traffic.E+W

(1)In section 27 of the 1968 Act (signposting of footpaths and bridleways) for the words “or bridleway”, wherever they occur, there shall be substituted the words “bridleway or byway” ; and for the words “and bridleways” in subsection (6) of that section there shall be substituted the words “bridleways and byways”.

(2)After subsection (7) of that section there shall be inserted the following subsection—

(8)In this section “byway” means a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used.

Editorial Information

X7The 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.

66 Interpretation of Part III.E+W

(1)In this Part—

  • bridleway” means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway;

  • byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used;

  • definitive map and statement” has the meaning given by section 53(1);

  • footpath” means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road;

  • horse” includes a pony, ass and mule, and “horseback” shall be construed accordingly;

  • public path” means a highway being either a footpath or a bridleway;

  • [F464restricted 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;

  • [F465surveying authority”, in relation to any area, means the county council, [F466county borough council,] metropolitan district council, or London borough council whose area includes that area.]

(2)A highway at the side of a river, canal or other inland navigation shall not be excluded from any definition contained in subsection (1) by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover.

(3)The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part.

Textual Amendments

F464S. 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. 2

Part IVE+W+S Miscellaneous and General

[F46766AApplication of Part 1 to CrownE+W

(1)Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown.

(2)No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

(3)Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons.

(4)But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown.

(5)Nothing in this Part affects Her Majesty in her private capacity.

(6)Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.]

67[F468Application of Parts 2 and 3 to Crown land]E+W+S

(1)Subject to the following provisions of this section, Part II, except section 51, and Part III shall apply to Crown land, that is to say, land an interest in which belongs to Her Majesty in the right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for Her Majesty for the purposes of a Government department.

[F469(1A)An interest in Crown land, other than one held by or on behalf of the Crown, may be acquired under section 28N, but only with the consent of the appropriate authority.

(1B)Byelaws made by virtue of section 28R may apply to Crown land if the appropriate authority consents.]

(2)No order shall be made under section F470. . . 34 [F471. . .] or 42 in relation to Crown land unless the appropriate authority has consented to the making of that order.

(3)An agreement under section 39 as respects any interest in Crown land, other than an interest held by or on behalf of the Crown, shall not have effect unless approved by the appropriate authority.

(4)Section 101(11) of the 1949 Act (Crown land) shall apply for the construction of references in this section to the appropriate authority.

Textual Amendments

F469S. 67(1A)(1B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 6

F470Word in s. 67(2) repealed (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. III

F471Word 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)

Modifications etc. (not altering text)

C38S. 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. 2

68 Application to the Isles of Scilly.E+W+S

The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide for the application of the provisions of Part II or III to the Isles of Scilly as if those Isles were a separate county; any any such order may provide for the application of those provisions to those Isles subject to such modifications as may be specified in the order.

69 Offences by bodies corporate etc.E+W+S

(1)Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

70 Financial provisions.E+W+S

(1)There shall be defrayed out of money provided by Parliament—

(a)any administrative expenses incurred by any Minister of the Crown under this Act; and

(b)any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.

(2)Any sums received by a Minister of the Crown under this Act shall be paid into the Consolidated Fund.

[F47270A Service of notices.E+W+S

(1)Subject to subsection (2), [F473section 329 of the M33Town and Country Planning Act 1990]] and [F474section 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.

(2)[F475Subsections (2) and (3) of the said section 329] shall not apply to a notice required to be served under paragraph 2 of Schedule 14.

[F476(2A)Subsection (1)(cc) of the said section 271 shall not apply to a notice required to be served under section 14G.

(2B)Subsection (2) of the said section 271 shall not apply to a notice required to be served under section 14D(5)(a).]

(3)This section shall not affect the operation of paragraph 2(4) of Schedule 11 or paragraph 3(4) of Schedule 15.

[F47770BEffect of failure to serve certain noticesE+W+S

(1)This section applies where the relevant conservation body—

(a)has (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, but

(b)has failed to do so.

(2)The provisions are—

(a)section 28(1) (notification of SSSI);

(b)section 28(5) (confirmation or withdrawal of notification of SSSI);

(c)section 28A(3) (notice varying notification under section 28);

(d)section 28A(5) (notice confirming or withdrawing variation of notification);

(e)section 28B(2) (notification of additional land to be included in SSSI);

(f)section 28B(7) (confirmation or withdrawal of notification);

(g)section 28C(2) (notification of enlargement of SSSI);

(h)section 28C(3) (confirmation or withdrawal of notification of enlargement);

(i)section 28D(2) (denotification);

(j)section 28D(5) (withdrawal or confirmation of denotification);

(k)section 28J(3) (notice of proposed management scheme);

(l)section 28J(8) (withdrawal or confirmation of management scheme).

(3)The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.

(4)For the purposes of sections 28 to 28Q, the time when the notice is to be treated as having been served is the time when the relevant conservation body took the last of the steps referred to in subsection (1)(a).

(5)If the relevant conservation body becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.

(6)Nothing in subsection (3) or (4) renders the owner or occupier liable—

(a)in relation to anything done or omitted to be done before the commencement of this section, or

(b)under section 28P(1) or 28Q(4) in relation to anything done or omitted to be done before the copy of the notice is served under subsection (5).

(7)The relevant conservation body” means—

(a)in relation to land in an area in England—

(i)subject to sub-paragraph (ii), Natural England;

(ii)in relation to any time before the commencement of section 27AA, English Nature;

(b)in relation to land in an area in Wales, [F478the Natural Resources Body for Wales].]

71 General interpretation.E+W+S

[F479(1)]In this Act—

  • the M341949 Act” means the National Parks and Access to the Countryside Act 1949;

  • the M351968 Act” means the Countryside Act 1968;

  • [F480the 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;

  • F481.

[F482(2)For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae.]

Textual Amendments

F481S. 71: definition of "statutory maximum" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group2.

Marginal Citations

72 Minor amendments.E+W+S

F483(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X8(2)In section 20(2) of the M36 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”.

X8(3)In sections 27 of that Act (penalty for contravening the provisions of that Act relating to muirburn) for the words from “five pounds” onwards there shall be substituted the words “£200”.

X8(4)In section 39 of the M37 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”.

X8(5)In section 11(1) of the 1949 Act (general powers of local planning authorities in relation to National Parks) after the word “accomplishment” there shall be inserted the words “of any”.

X8(6)In section 74(4) of the M38 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”.

X8(7)In section 2(8) of the 1968 Act (publicity and information services) for the words from “encouraging” onwards there shall be substituted the words “informing persons resorting to the countryside of their rights and obligations”.

X8(8)In section 15(1) of that Act (areas of special scientific interest) the words “which is not for the time being managed as a nature reserve but” shall be omitted.

X8(9)In section 37 of that Act (protection for interests in the countryside) for the words “and the Act of 1949” there shall be substituted the words “the Act of 1949 and the Wildlife and Countryside Act 1981”.

F484(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X8(11)In section 31(10) of the M39 Highways Act 1980 (dedication of way as highway presumed after public use for 20 years), for the words from “subsection (4)” to “that section” there shall be substituted the words “section 56(1) of the Wildlife and Countryside Act 1981 (which provides that a definitive map and statement” and the words “or of that subsection” onwards shall be omitted.

(12)Section 80 of that Act (power of highway authority to fence highways) shall have effect in relation to any area in the countryside of which walls of a particular construction are a feature, as if references to fences included references to walls of that construction ; and in exercising their powers under that section in relation to any such area, a highway authority shall have regard to the desirability of exercising the powers conferred by the foregoing provisions of this subsection.

X8(13)In section 136(4) of that Act (time when hedges may not be required to be cut or pruned) immediately before the words “between the last day of September and the first day of April” there shall be inserted the word “except”.

X8(14)In section 4(5) of the M40Zoo 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”.

Editorial Information

X8The 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.

Textual Amendments

F484S. 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. 2

Marginal Citations

73 Repeals and savings.U.K.

X9(1)The enactments mentioned in Schedule 17 are hereby repealed to the extent specified in the third column of that Schedule.

(2)Nothing in the repeals made by this section shall affect the operation of sections 27 to 32 of the 1949 Act in relation to any survey begun before the commencement date.

(3)Nothing in the repeals made by this section shall affect the operation of sections 33 and 34 of the 1949 Act and Parts II, III, and IV of Schedule 3 to the 1968 Act in relation to any review begun before the commencement date.

F485(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X9The 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.

Textual Amendments

F485S. 73(4) repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.

74 Short title commencement and extent.E+W+S

(1)This Act may be cited as the Wildlife and Countryside Act 1981.

(2)The following provisions of this Act, namely—

  • Part II, except sections 29 to 32, 41 and 46 to 48 and Schedule 13;

  • sections 59 to 62 and 65 and 66; and

  • Part IV, except section 72(4), (6) and (14) and section 73(1) so far as relating to Part II of Schedule 17,

shall come into force on the expiration of the period of one month beginning with the passing of this Act.

(3)The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed under this subsection for different provisions, different purposes or different areas.

(4)An order under subsection (3) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force.

(5)The following provisions of this Act, namely—

sections 39, 40 and 42 to 49 and Schedule 13; and Part III, do not extend to Scotland.

[F486(5A)[F487Sections 29 and 30 extend to Scotland only.]]

(6)This Act, except section 15(1) and Schedule 10 and, so far as regards any enactment mentioned in Schedule 17 that so extends, section 73 and that Schedule, does not extend to Northern Ireland.

Textual Amendments

F486S. 74(5A) inserted (E.W.S.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. I para. 2

Modifications etc. (not altering text)

C40Power of appointment conferred by s. 74(3) fully exercised: S.I. 1982/3237, 990, 1136, 1217, 1983/20, 87

SCHEDULES

[F488SCHEDULE ZA1E+WBirds which re-use their nests

Textual Amendments

NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]

Common nameScientific name
Eagle, GoldenAquila chrysaetos
Eagle, White-tailedHaliaetus albicilla
OspreyPandion haliaetus

Sections 1, 2, 4, 6, 19 and 22.

SCHEDULE 1E+W+S Birds which are Protected by Special Penalties

Part IE+W+S At All Times

Common nameScientific name
AvocetRecurvirostra avosetta
Bee-eaterMerops apiaster
BitternBotaurus stellaris
Bittern, LittleIxobrychus minutus
BluethroatLuscinia svecica
BramblingFringilla montifringilla
Bunting, CirlEmberiza cirlus
Bunting, LaplandCalcarius lapponicus
Bunting, SnowPlectrophenax nivalis
Buzzard, HoneyPernis apivorus
[F489Capercaillie][F489 Tetracurogallus]
ChoughPyrrhocorax pyrrhocorax
CorncrakeCrex crex
Crake, SpottedPorzana porzana
Crossbills (all species)Loxia
Curlew, StoneBurhinus oedicnemus
Divers (all species)Gavia
DotterelCharadrius morinellus
Duck, Long-tailedClangula hyemalis
Eagle, GoldenAquila chrysaetos
Eagle, White-tailedHaliaetus albicilla
Falcon, GyrFalco rusticolus
FieldfareTurdus pilaris
FirecrestRegulus ignicapillus
GarganeyAnas querquedula
Godwit, Black-tailedLimosa limosa
GoshawkAccipiter gentilis
Grebe, Black-neckedPodiceps nigricollis
Grebe, SlavonianPodiceps auritus
GreenshankTringa nebularia
Gull, LittleLarus minutus
Gull, MediterraneanLarus melanocephalus
Harriers (all species)Circus
Heron, PurpleArdea purpurea
HobbyFalco subbuteo
HoopoeUpupa epops
KingfisherAlcedo atthis
Kite, RedMilvus milvus
MerlinFalco columbarius
Oriole, GoldenOriolus oriolus
OspreyPandion haliaetus
Owl, BarnTyto alba
Owl, SnowyNyctea scandiaca
PeregrineFalco peregrinus
Petrel, Leach’sOceanodroma leucorhoa
Phalarope, Red-neckedPhalaropus lobatus
Plover, KentishCharadrius alexandrinus
Plover, Little RingedCharadrius dubius
Quail, CommonCoturnix coturnix
Redstart, BlackPhoenicurus ochruros
RedwingTurdus iliacus
Rosefinch, ScarletCarpodacus erythrinus
RuffPhilomachus pugnax
Sandpiper, GreenTringa ochropus
Sandpiper, PurpleCalidris maritima
Sandpiper, WoodTringa glareola
ScaupAythya marila
Scoter, CommonMelanitta nigra
Scoter, VelvetMelanitta fusca
SerinSerinus serinus
ShorelarkEremophila alpestris
Shrike, Red-backedLanius collurio
SpoonbillPlatalea leucorodia
Stilt, Black-wingedHimantopus himantopus
Stint, Temminck’sCalidris temminckii
Swan, Bewick’sCygnus bewickii
Swan, WhooperCygnus cygnus
Tern, BlackChlidonias niger
Tern, LittleSterna albifrons
Tern, RoseateSterna dougallii
Tit, BeardedPanurus biarmicus
Tit, CrestedParus cristatus
Treecreeper, Short-toedCerthia brachydactyla
Warbler, Cetti’sCettia cetti
Warbler, DartfordSylvia undata
Warbler, MarshAcrocephalus palustris
Warbler, Savi’sLocustella luscinioides
WhimbrelNumenius phaeopus
WoodlarkLullula arborea
WryneckJynx torquilla

Textual Amendments

F489 Sch. 1 Pt. I : Words inserted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(3)

Part IIE+W+S During the Close Season

Common nameScientific name
GoldeneyeBucephala clangula
Goose, Greylag (in Outer Hebrides, Caithness, Sutherland and Wester Ross only)Anser anser
PintailAnas acuta

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the comon name or names shall not be taken into account.

Sections 2, 3, and 22.

SCHEDULE 2E+W+S Birds which may be Killed or Taken

Part IE+W+S Outside the Close Season

Common nameScientific name
[F490Capercaillie][F490Tetrao urogallus]
CootFulica atra
Duck, TuftedAythya fuligula
GadwallAnas strepera
GoldeneyeBucephala clangula
Goose, CanadaBranta canadensis
Goose, GreylagAnser anser
Goose, Pink-footedAnser brachyrhynchus
Goose, White-fronted (in England and Wales only) [F491, except F492... Greenland White-fronted Goose]Anser albifrons [F493except F494... Anser albifrons flavirostris]
[F495Grouse, BlackTetrao tetrix]
[F495Grouse, RedLagopus lagopus scoticus]
MallardAnas platyrhynchos
MoorhenGallinula chloropus
[F496Partridge, GreyPerdix perdix]
[F496Partridge, Red-leggedAlectoris rufa]
[F497Pheasant, CommonPhasianus colchicus]
PintailAnas acuta
Plover, GoldenPluvialis apricaria
PochardAythya ferina
[F497PtarmiganLagopus mutus]
ShovelerAnas clypeata
Snipe, CommonGallinago gallinago
TealAnas crecca
WigeonAnas penelope
WoodcockScolopax rusticola

Part IIE+W+S By Authorised Persons at all Times

Common nameScientific name
F498. . .F498. . .
F498. . .F498. . .
F498. . .F498. . .
F498. . .F498. . .
F498. . .F498. . .
F498. . .F498. . .
F498. . .F498. . .
F498. . .F498. . .
F498. . .F498. . .
F498. . .F498. . .
F498. . .F498. . .
F498. . .F498. . .
F498. . .F498. . .

Textual Amendments

F498 Words in Sch.2 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.2 .

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 6 and 22.

SCHEDULE 3E+W+S Birds which may be Sold

Part IE+W+S Alive at all Times if Ringed and Bred in Captivity

Common nameScientific name
BlackbirdTurdus merula
BramblingFringilla montifringilla
BullfinchPyrrhula pyrrhula
Bunting, ReedEmberiza schoeniclus
ChaffinchFringilla coelebs
DunnockPrunella modularis
GoldfinchCarduelis carduelis
GreenfinchCarduelis chloris
JackdawCorvus monedula
JayGarrulus glandarius
LinnetCarduelis cannabina
MagpiePica pica
Owl, BarnTyto alba
RedpollCarduelis flammea
SiskinCarduelis spinus
StarlingSturnus vulgaris
Thrush, SongTurdus philomelos
TwiteCarduelis flavirostris
YellowhammerEmberiza citrinella

Part IIE+W+S Dead at all Times

Common nameScientific name
F499. . .F499. . .
WoodpigeonColumba palumbus

Textual Amendments

F499 Words in Sch. 3 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.3 .

Part IIIE+W+S Dead from 1st September to 28th February

Common nameScientific name
[F500 Capercaillie][F500Tetrao urogallus]
[F501Coot][F501Fulica atra]
[F501Duck, Tufted][F501Aythya fuligula]
[F501Mallard][F501Anas platyrhynchos]
[F501Pintail][F501Anas acuta]
[F501Plover, Golden][F501Pluvialis apricaria]
[F501Pochard][F501Aythya ferina]
[F501Shoveler][F501Anas clypeata]
[F501Snipe, Common][F501Gallinago gallinago]
[F501Teal][F501Anas crecca]
[F501Wigeon][F501Anas penelope]
[F501Woodcock][F501Scolopax rusticola]

Textual Amendments

F500 Sch. 3 Pt. III : Words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(5)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 7 and 22.

SCHEDULE 4E+W+S Birds Which Must Be Registered and Ringed if Kept in Captivity

Common nameScientific name
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F503. . . F503. . .
F503. . . F503. . .
F503. . . F503. . .
F503. . . F503. . .
F502. . .F502. . .
F502. . .F502. . .
F503. . . F503. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
[F504Falcons (all species)][F504Falconidae]
F503. . . F503. . .
F503. . . F503. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
[F504Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case)][F504Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps)]
F502. . .F502. . .
F502. . .F502. . .
F503. . . F503. . .
OspreyPandion haliaetus
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F503. . . F503. . .
F503. . . F503. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F503. . . F503. . .
F503. . . F503. . .
F503. . . F503. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F502. . .F502. . .
F503. . . F503. . .
F503. . . F503. . .
F502. . .F502. . .
F503. . . F503. . .
F503. . . F503. . .
F503. . . F503. . .
F503. . . F503. . .
F502. . .F502. . .
F503. . . F503. . .
F503. . . F503. . .
F505. . .

Textual Amendments

F502 Entries in Sch. 4 removed (24.5.1994) by S.I. 1994/1151 , art. 2

F504 Sch. 4 : entries removed (24.5.1994) subject to specified exceptions by The Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 (S.I. 1994/1151) , art. 2 ; and further specified entries (except the entries for Falcon, Peregrine (Falco peregrinus) and Merlin (Falco columbarius) under the heading "Falcons (all species)" and except the entries for Buzzard, Honey (Pernis apivorus), Eagle, Golden (Aquila chrysaetos), Eagle, White-tailed (Haliaeetus albicilla), Goshawk (Accipter gentilis), Harrier, Marsh (Circus aeruginosus) and Harrier, Montagu's (Circus pygargus) under the heading "Hawks, True") omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356) , arts. 2 , 3(1)(2) ; and those same specified entries omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780) , art. 2(2) ; and those same specified entries removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418) , art. 2(1)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 9, 10, 22 and 24.

F506SCHEDULE 5E+W Animals which are Protected

Extent Information

E29This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F506 By S.I. 1988/288 , art. 2(2) it is provided that all Dolphins (Cetacea) and all Porpoises (Cetacea) not already listed in Schedule 5 are added to that Schedule and by S.I. 2007/1843 , reg. 7(7)(g) it is provided that said Dolphins (all species) and Porpoises (all species) are omitted (E.W.) (21.8.2007)

Common nameScientific name
[F507Adder (in respect of section 9(5) only)][F507Vipera berus]
[F508Allis Shad (in respect of section 9(1) and (4)(a) only)][F508Alosa alosa]
[F509Anemone, Ivell’s Sea][F509Edwardsia ivelli]
[F509Anemone, Startlet Sea][F509Nematosella vectensis]
[F509Apus][F509Triops cancriformis]
Bats, Horseshoe (all species [F510but in respect of section 9(4)(b) and (c) and (5) only])Rhinolophidae
Bats, Typical (all species [F511but in respect of section 9(4)(b) and (c) and (5) only])Vespertilionidae
[F512Beetle] [F512Graphoderus zonatus]
[F512Beetle] [F512Hypebaeus flavipes]
[F512Beetle] [F512Paracymus aeneus]
[F512Beetle, Lesser Silver Water] [F512Hydrochara caraboides]
[F512Beetle, Mire Pill (in respect of section 9(4)(a) only)] [F512Curimopsis nigrita]
Beetle, Rainbow LeafChrysolina cerealis
[F513Beetle, Stag (in respect of section 9(5) only)][F513Lucanus cervus]
[F509Beetle, Violet Click][F509Limoniscus violaceus]
BurbotLota lota
. . . F514 . . . F514
[F515Butterfly, Northern Brown Argus][F515Aricia artaxerxes]
[F515Butterfly, Adonis Blue][F515Lysandra bellargus]
[F515Butterfly, Chalkhill Blue][F515Lysandra coridon]
[F515Butterfly, Silver-studded Blue][F515Plebejus argus]
[F515Butterfly, Small Blue][F515Cupido minimus]
[F508Butterfly, Large Copper][F508Lycaena dispar]
[F515Butterfly, Purple Emperor][F515Apatura iris]
[F515Butterfly, Duke of Burgandy Fritillary][F515Hamearis lucina]
[F515Butterfly, Glanville Fritillary][F515Melitaea cinxia]
Butterfly, Heath FritillaryMellicta athalia (otherwise known as Melitaea athalia)
[F516Butterfly, High Brown Fritillary][F516Argynnis adippe]
[F508Butterfly, Marsh Fritillary][F508Eurodryas aurinia]
[F515Butterfly, Pearl-bordered Fritillary][F515Boloria euphrosyne]
[F515Butterfly, Black Hairstreak][F515Strymonidia pruni]
[F515Butterfly, Brown Hairstreak][F515Thecla betulae]
[F515Butterfly, White Letter Hairstreak][F515Stymonida w-album]
[F515Butterfly, Large Heath][F515Coenonympha tullia]
Butterfly, Large Blue[F517 (in respect of section 9(4)(b) and (c) and (5) only)]Maculinea arion
[F515Butterfly, Mountain Ringlet][F515Erebia epiphron]
. . . F514 . . . F514
[F515Butterfly, Chequered Skipper][F515Carterocephalus palaemon]
[F515Butterfly, Lulworth Skipper][F515Thymelicus acteon]
[F515Butterfly, Silver Spotted Skipper][F515Hesperia comma]
Butterfly, SwallowtailPapilio machaon
[F515Butterfly, Large tortoiseshell][F515Nymphalis polychloros]
[F515Butterfly, Wood White][F515Leptidea sinapis]
[F509Cat, Wild][F517 (in respect of section 9(4)(b) and (c) and (5) only)][F509Felis silverstris]
[F509Cicada, New Forest][F509Cicadetta montana]
[F518Crayfish, Atlantic Stream][F518Austropotamobius pallipes]
Cricket, FieldGryllus campestris
Cricket, MoleGryllotalpa gryllotalpa
[F513Dameselfly, Southern][F513Coenagrion mercuriale]
F519. . . F519. . .
F519. . . F519. . .
[F520“Dolphins (all species but in respect of section 9(4A) and (5) only)Cetacea”]
[F509Dormouse][F517 (in respect of section 9(4)(b) and (c) and (5) only)][F509Muscardinus avellanarius]
Dragonfly, Norfolk AeshnaAeshna isosceles
Frog, Common (in respect of section 9(5) only)Rana temporaria
[F521Frog, Pool (Northern Clade) (in respect of section 9(4)(b) and (c)(1) only and with respect to England only)][F521Pelophylax lessonae]
[F513Goby, Couch’s][F513Gobius couchii]
[F513Goby, Giant][F513Gobius cobitis]
Grasshopper, Wart-biterDecticus verrucivorus
[F512Hatchet Shell, Northern] [F512Thyasira gouldi]
[F513Hydroid, Marine][F513Clavopsella navis]
F522. . .F522. . .
[F512Lagoon Snail, De Folin’s] [F512Caecum armoricum]
[F512Lagoon Worm, Tentacled [F523(in respect of section 9(4)(a) only)]] [F512Alkmaria romijni]
[F509Leech, Medicinal][F509Hirudo medicinalis]
Lizard, Sand[F517 (in respect of section 9(4)(b) and (c) and (5) only)]Lacerta agilis
[F524Lizard, Viviparous (in respect of section 9(5) only)][F524Lacerta vivipara]
[F509Marten, Pine][F509Martes martes]
[F509Mat. Trembling Sea][F509Victorella pavida]
Moth, Barberry CarpetPareulype berberata
Moth, Black-veinedSiona lineata (otherwise known as Idaea lineata)
F522. . .F522. . .
[F513Moth, Fiery Clearwing][F513Bembecia chrysidiformis]
[F513Moth, Fisher’s Estuarine][F525(in respect of section 9(4)(b) and (c) and (5) only)][F513Gortyna borelii]
Moth, New Forest BurnetZygaena viciae
Moth, Reddish BuffAcosmetia caliginosa
[F521Moth, Slender Scotch Burnet (in respect of section 9(5) only)][F521Zygaena loti subspecies scotica]
[F512Moth, Sussex Emerald] [F512Thalera fimbrialis]
[F521Moth, Talisker Burnet (in respect of section 9(5) only)][F521Zygaena lonicerae subspecies jocelynae]
F526. . .F526. . .
[F513Mussel, Fan (in respect of section 9(1), (2) and (5) only)][F513Atrina fragilis]
[F527Mussel, Freshwater Pearl][F527Margaritifera margaritifera]
[F528Newt, Great Crested or Warty (in respect of section 9(4)(b) and (c) and (5) only)]Triturus cristatus
Newt, Palmate (in respect of section 9(5) only)Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)Triturus vulgaris
Otter, Common[F517 (in respect of section 9(4)(b) and (c) and (5) only)]Lutra lutra
F519. . . F519. . .
[F529“Porpoises (all species but in respect of section 9(5) only)Cetacea”]
[F509Sandworm, Lagoon][F509Armandia cirrhosa]
[F512Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only] [F512Eunicella verrucosa]
[F530Seahorse, Short Snouted (with respect to England [F531and Wales]only)][F530Hippocampus hippocampus]
[F530Seahorse, Spiny (with respect to England [F532and Wales]only)][F530Hippocampus guttulatus]
[F512Sea Slug, Lagoon] [F512Tenellia adspersa]
[F513Shad, Twaite (in respect of [F533section 9(1) and (4)(a)]only)][F513Alosa fallax]
[F530Shark, Angel [F534(in respect of section 9(1), (2) and (5) only)]][F530Squatina squatina]
[F513Shark, Basking][F513Cetorhinus maximus]
[F509Shrimp, Fairy][F509Chirocephalus diaphanus]
[F509Shrimp, Lagoon Sand [F535(in respect of section 9(4)(a) only)]][F509Gammarus insensiblis]
[F521Skate, White (in respect of section 9(1), (2) and (5) only)][F521Rostroraja alba]
[F524Slow-worm (in respect of section 9(5) only)][F524Anguis fragilis]
F514. . .F514 . . .
Snail, GlutinousMyxas glutinosa
[F530Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England [F536and Wales]only)][F530Helix pomatia]
Snail, SandbowlCatinella arenaria
[F524Snake, Grass (in respect of section 9(5) only)][F524Natrix helvetica (also known as Natrix natrix)]
Snake, Smooth[F517 (in respect of section 9(4)(b) and (c) and (5) only)]Coronella austriaca
Spider, Fen RaftDolomedes plantarius
Spider, LadybirdEresus niger
Squirrel, RedSciurus vulgaris
[F512Sturgeon][F517 (in respect of section 9(4)(b) and (c) and (5) only)] [F512Acipenser sturio]
Toad, Common (in respect of section 9(5) only)Bufo bufo
Toad, Natterjack[F517 (in respect of section 9(4)(b) and (c) and (5) only)]Bufo calamita
[F537“Turtle, FlatbackNatator depressus”]
[F538Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only)Chelonia mydas]
[F539Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only)Eretmochelys imbricata]
[F540Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only)Lepidochelys kempii]
[F541Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only)Dermochelys coriacea]
[F542Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only)Caretta caretta]
[F543Turtle, Olive RidleyLepidochelys olivacea]
F544. . . F544. . .
[F509Vendace][F509Coregonus albula]
[F513Vole, Water F545. . . ][F513Arvicola terrestris]
[F509Walrus][F509Odebenus rosmarus]
[F509Whale (all species)][F546 but in respect of section 9(4A) and (5) only][F509Cetacea]
[F509Whitefish][F509Coregonus lavaretus]

Textual Amendments

F507 By virtue of S.I. 1991/367 , art. 2(1) entry is further listed in respect of section 9(1) so far as it relates to killing and injuring

F508 By virtue of S.I. 1998/878 , art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F509 Entry added as provided by S.I. 1988/288 , art. 2(1)

F512 Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350 , art. 2(1)

F513 Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878 , art. 2(1)

F514 Entry removed from Schedule as provided by S.I. 1988/288 , art. 2(5)

F515 Entry added (in respect of s. 9(5) only) by S.I. 1989/906 , art. 2

F516 Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350 , art. 2(2)

F518 Entry added (only in respect of s. 9(1) so far as it relates to taking and in respect of s. 9(5)) by S.I. 1988/288 , art. 2(3)

F519 Sch. 5 : entries relating to dolphins or porpoises omitted (21.7.2007) by virtue of The Conservation (Natural Habitats &c. ) (Amendment) Regulations 2007 (S.I. 2007/1843) , art. 7(7)(g)

F524 By S. I. 1988/288 , art. 2(4) entry (which is already listed in respect of section 9(5) only) is further listed in respect of s. 9(1) so far as it relates to killing and injuring

F526 Entry in Sch. 5 (which was added as provided by S.I. 1988/288 , art. 2(1) ) removed (16.4.1998) by S.I. 1998/878 , art. 2(3)

F527 By virtue of S.I. 1998/878 , art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

F529 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F531 Sch. 5 : words in entry relating to "Seahorse, Short Snouted" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(a)

F532 Sch. 5 : words in entry relating to "Seahorse, Spiny" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(b)

F536 Sch. 5 : words in entry relating to "Snail, Roman" inserted (E.W.) (12.8.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(d)

F537 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F538 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F539 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F540 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F541 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F542 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F543 Sch. 5 : entry added (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(7)(h)}

F544 Sch. 5 : entry of “Turtles, Marine (all species)” and “Dermochelyidae and Cheloniidae” omitted (E.W.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(e)

F545 Sch. 5 : words in entry relating to "Vole, Water" omitted (E.W.) (12.8.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(e)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

[F547 NOTE 2. F548...]

Sections 11 and 22.

SCHEDULE 6E+W+S Animals which may not be Killed or Taken by Certain Methods

Common nameScientific name
BadgerMeles meles
[F549Bats, Horseshoe (all species)Rinolophidae]
[F549Bats, Typical (all species)Vespertilionidae]
[F549Cat, WildFelis silvestris]
[F549Dolphin, Bottle-nosedTursiops truncatus (otherwise known as Tursiops tursio)]
[F549Dolphin, CommonDelphinis delphis]
[F549Dormice (all species)Gliridae]
HedgehogErinaceus europaeus
[F549Marten, PineMartes martes]
[F549Otter, CommonLutra lutra]
[F549PolecatMustela putorius]
[F549Porpoise, Harbour (otherwise known as Common porpoise)Phocaena phocaena]
Shrews (all species)Soricidae
Squirrel, RedSciurus vulgaris

Textual Amendments

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Section 11(2)

[F550SCHEDULE 6ZAU.K.Animals which may not be killed or taken by trapping or snaring

Textual Amendments

Common nameScientific name
BadgerMeles meles
Beaver, EuropeanCastor fiber
Marten, PineMartes martes
Otter, CommonLutra lutra
Stoat (otherwise known as Ermine)Mustela erminea

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]

SCHEDULE 7E+W+S[F551 Protection of Certain Mammals] [F551Amendment of Acts In Relation To Night Shooting of Hares and Rabbits]

Textual Amendments

The Ground Game Act 1880E+W+S

1(1) Notwithstanding the provisions of section 6 of the M41 Ground Game Act 1880, it shall not be unlawful for the occupier of any land himself, or one other person authorised by him under section 1 of that Act, to use firearms for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise if (except where he has the exclusive right) the occupier has the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land. E+W+S

(2) In this paragraph “ ground game ” means hares and rabbits.

Marginal Citations

The Agriculture (Scotland) Act 1948E+W+S

2(1) Notwithstanding the provisions of section 50(1)(a) of the M42 Agriculture (Scotland) Act 1948, it shall not be unlawful for the owner of the shooting rights on any land or any person holding those rights from him, or subject to sub-paragraph (2) below the occupier of any land, to use a firearm for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise. E+W+S

(2)The occupier of any land shall not use a firearm as mentioned in sub-paragraph (1) above unless (except where he has the exclusive right) he has first obtained the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.

(3)An occupier who is entitled, in terms of this paragraph, to use a firearm for the purpose of killing ground game may, subject to the provisions of section 1 of the Ground Game Act 1880, authorise one other person so to use a firearm.

(4) In this paragraph “ ground game ” means hares and rabbits.

Marginal Citations

The Dogs (Protection of Livestock) Act 1953E+W+S

X10 3 (1) At the end of subsection (2) of section 1 of the M43 Dogs (Protection of Livestock) Act 1953 (penalty where dog worries livestock on agricultural land) there shall be inserted the words or E+W+S

(c)being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep.

(2)After that subsection there shall be inserted the following subsection—

(2A)Subsection (2)(c) of this section shall not apply in relation to—

(a)a dog owned by, or in charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either of those persons ; or

(b)a police dog, a guide dog, a trained sheep dog, a working gun dog or a pack of hounds.

Editorial Information

X10The text of Sch. 7 paras. 3-12 and Sch. 10 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.

Marginal Citations

The Deer Act 1963E+W+S

The Conservation of Seals Act 1970E+W+S

X11 7 (1) In subsection (1)(c) of section 10 of the M44 Conservation of Seals Act 1970 (power to grant licences), the word “or” immediately following sub-paragraph (ii) shall be omitted and after sub-paragraph (iii) there shall be inserted the words or E+W+S

(iv)the protection of flora or fauna in an area to which subsection (4) of this section applies,.

(2)In subsection (3)(b) of that section for the words from “a nature reserve” onwards there shall substituted the words “an area to which subsection (4) of this section applies”.

(3)After subsection (3) of that section there shall be inserted the following subsection—

(4)This subsection applies to any area which—

(a)is a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 ;

(b)has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest) ;

(c)is an area to which section 29(3) of that Act (special protection for certain areas of special scientific interest) applies ; or

(d)has been designated as a marine nature reserve under section 36 of that Act.

Editorial Information

X11The text of Sch. 7 paras. 3-12 and Sch. 10 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.

Marginal Citations

The Badgers Act 1973E+W+S

F552 8 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F552 Sch. 7 para. 8 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F553 9 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F553 Sch. 7 para. 9 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F554 10 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F554 Sch. 7 para. 10 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F555 11 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F555 Sch. 7 para. 11 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F556 12 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F556 Sch. 7 para. 12 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

Sections 13, 22 and 24.

SCHEDULE 8E+W+S Plants which are Protected

Common nameScientific name
[F557Adder’s-tongue, Least][F557Ophioglossum lusitanicum]
Alison, SmallAlyssum alyssoides
[F558Anomodon, Long-leaved][F558Anomodon longifolius]
[F558Beech-lichen, New Forest][F558Enterographa elaborata]
[F559Blackwort] [F559Southbya nigrella]
[F558Bluebell (in respect of section 13(2) only)][F558Hyacinthoides non-scripta]
[F558Bolete, Royal][F558Boletus regius]
Broomrape, BedstrawOrobanche caryophyllacea
Broomrape, OxtongueOrobanche loricata
Broomrape, ThistleOrobanche reticulata
[F557Cabbage, Lundy][F557Rhynchosinapis wrightii]
Calamint, WoodCalamintha sylvatica
[F559Caloplaca, Snow] [F559Caloplaca nivalis]
[F559Catapyrenium, Tree] [F559Catapyrenium psoromoides]
Catchfly, AlpineLychnis alpina
[F559Catillaria, Laurer’s] [F559Catellaria laurei]
[F559Centaury, Slender] [F559Centaurium tenuiflorum]
Cinquefoil, RockPotentilla rupestris
[F558Cladonia, Convoluted][F558Cladonia convoluta]
[F559Cladonia, Upright Mountain] [F559Cladonia stricta]
[F559Clary, Meadow] [F559Salvia pratensis]
Club-rush, TriangularScirpus triquetrus
[F557Colt’s-foot, Purple][F557Homogyne alpina]
Cotoneaster, WildCotoneaster integerrimus
[F557Cottongrass, Slender][F557Eriophorum gracile]
Cow-wheat, FieldMelampyrum arvense
[F557Crocus, Sand][F557Romulea columnae]
[F559Crystalwort, Lizard] [F559Riccia bifurca]
[F559Cudweed, Broad-leaved] [F559Filago pryamidata]
Cudweed, JerseyGnaphalium luteoalbum
[F557Cudweed, Red-tipped][F557Filago lutescens]
[F558Cut-grass][F558Leersia oryzoides]
[F558Deptford Pink (in respect of England and Wales only)][F558Dianthus armeria]
DiapensiaDiapensia lapponica
[F560[F559Dock, Shore] [F561(in respect of section 13(2) only)]][F560[F559Rumex rupestris]]
[F559Earwort, Marsh] [F559Jamesoniella undulifolia]
Eryngo, FieldEryngium campestre
[F558Feather-moss, Polar][F558Hygrohypnum polare]
Fern, Dickie’s BladderCystopteris dickieana
[F560Fern, Killarney [F562(in respect of section 13(2) only)]][F560Trichomanes speciosum]
[F559Flapwort, Norfolk] [F559Leiocolea rutheana]
[F557Fleabane, Alpine][F557Erigeron borealis]
[F557Fleabane, Small][F557Pulicaria vulgaris]
[F559Frostwort, Pointed] [F559Gymnomitrion apiculatum]
[F558Fungus, Hedgehog][F558Hericium erinaceum]
Galingale, BrownCyperus fuscus
Gentian, AlpineGentiana nivalis
[F559Gentian, Dune] [F559Gentianella uliginosa]
[F560[F559Gentian, Early] [F563(in respect of section 13(2) only)]][F560[F559 Gentianella anglica]]
[F557Gentian, Fringed][F557Gentianella ciliata]
Gentian, SpringGentiana verna
[F557Germander, Cut-leaved][F557Teucrium botrys]
Germander, WaterTeucrium scordium
Gladiolus, WildGladiolus illyricus
[F558Goblin Lights][F558Catolechia wahlenbergii]
[F557Goosefoot, Stinking][F557Chenopodium vulvaria]
[F557Grass-poly][F557Lythrum hyssopifolia]
[F559Grimmia, Blunt-leaved] [F559Grimmia unicolor]
[F559Gyalecta, Elm] [F559Gyalecta ulmi]
Hare’s-ear, Sickle-leavedBupleurum falcatum
Hare’s-ear, SmallBupleurum baldense
[F557Hawk’s-beard, Stinking][F557Crepis foetida]
[F559Hawkweed, Northroe] [F559Hieracium northroense]
[F559Hawkweed, Shetland] [F559Hieracium zetlandicum]
[F559Hawkweed, Weak-leaved] [F559Hieracium attenuatifolium]
Heath, BluePhyllodoce caerulea
Helleborine, RedCephalanthera rubra
[F564[F557Helleborine, Young’s]][F564[F557Epipactis youngiana]]
[F557Horsetail, Branched][F557Equisetum ramosissimum]
[F557Hound’s-tongue, Green][F557Cynoglossum germanicum]
Knawel, PerennialScleranthus perennis
Knotgrass, SeaPolygonum maritimum
[F560Lady’s-slipper [F565(in respect of section 13(2) only)]][F560Cypripedium calceolus]
F566. . .F566. . .
F566. . .F566. . .
[F564[F559Lecanactis, Churchyard]][F564[F559Lecanactis hemisphaerica]]
[F559Lecanora, Tarn] [F559Lecanora archariana]
[F559Lecidea, Copper] [F559Lecidea inops]
Leek, Round-headedAllium sphaerocephalon
Lettuce, LeastLactuca saligna
[F559Lichen, Arctic Kidney] [F559Nephroma arcticum]
[F559Lichen, Ciliate Strap] [F559Heterodermia leucomelos]
[F559Lichen, Coralloid Rosette] [F559Heterodermia propagulifera]
[F559Lichen, Ear-lobed Dog] [F559Peltigera lepidophora]
[F559Lichen, Forked Hair] [F559Bryoria furcellata]
[F559Lichen, Golden Hair] [F559Teloschistes flavicans]
[F559Lichen, Orange Fruited Elm] [F559Caloplaca luteoalba]
[F559Lichen, River Jelly] [F559Collema dichotomum]
[F559Lichen, Scaly Breck] [F559Squamarina lentigera]
[F559Lichen, Stary Breck] [F559Buellia asterella]
Lily, SnowdonLloydia serotina
[F559Liverwort] [F559Petallophyllum ralfsi]
[F559Liverwort, Lindenberg’s Leafy] [F559Adelanthus lindenbergianus]
Marsh-mallow, RoughAlthaea hirsuta
[F560[F557Marshwort, Creeping] [F567(in respect of section 13(2) only)]][F560[F557Apium repens]]
[F557Milk-parsley, Cambridge][F557Selinum carvifolia]
[F559Moss] [F559Drepanocladius vernicosus]
[F559Moss, Alpine Copper] [F559Mielichoferia mielichoferi]
[F559Moss, Baltic Bog] [F559Sphagnum balticum]
[F559Moss, Blue Dew] [F559Saelania glaucescens]
[F559Moss, Blunt-leaved Bristle] [F559Orthotrichum obtusifolium]
[F559Moss, Bright Green Cave Cyclodictyon laetevirens]
[F559Moss, Cordate Beard] [F559Barbula cordata]
[F559Moss, Cornish Path] [F559Ditrichum cornubicum]
[F559Moss, Derbyshire Feather] [F559Thamnobryum angustifolium]
[F564[F559Moss, Dune Thread]][F564[F559Bryum mamillatum]]
[F558Moss, Flamingo][F558Desmatodon cernuus]
[F559Moss, Glaucous Beard] [F559Barbula glauca]
[F559Moss, Green Shield] [F559Buxbaumia viridis]
[F559Moss, Hair Silk] [F559Plagiothecium piliferum]
[F559Moss, Knothole] [F559Zygodon forsteri]
[F559Moss Large Yellow Feather] [F559Scorpidium turgescens]
[F559Moss, Millimetre] [F559Micromitrium tenerum]
[F559Moss, Multifruited River] [F559Cryphaea lamyana]
[F559Moss, Nowell’s Limestone] [F559Zygodon gracilis]
[F559Moss, Rigid Apple] [F559Bartramia stricta]
[F559Moss, Round-leaved Feather] [F559Rhynocostegium rotundifolium]
[F559Moss, Schleicher’s Thread] [F559Bryum schleicheri]
[F559Moss, Triangular Pygmy]{ F559Acaulon triquetrum
[F559Moss, Vaucher’s Feather] [F559Hypnum vaucheri]
[F559Mudwort, Welsh] [F559Limosella australis]
[F557Naiad, Holly-leaved][F557Najas marina]
[F560[F559Naiad, Slender] [F568(in respect of section 13(2) only)]][F560[F559Najas flexilis]]
[F559Orache, Stalked] [F559Halimione pedunculata]
Orchid, Early SpiderOphryas sphegodes
[F560Orchid, Fen [F569 (in respect of section 13(2) only)]][F560Liparis loeselii]
Orchid, GhostEpipogium aphyllum
[F559Orchid, Lapland Marsh] [F559Dactylorhiza lapponica]
Orchid, Late SpiderOphrys fuciflora
Orchid, LizardHimantoglossum hircinum
Orchid, MilitaryOrchis militaris
Orchid, MonkeyOrchis simia
[F559Pannaria, Caledonia] [F559Pannaria ignobilis]
[F559Parmelia, New Forest] [F559Parmelia minarum]
[F559Parmentaria, Oil Stain] [F559Parmentaria chilensis]
Pear, PlymouthPyrus cordata
[F559Penny-cress, Perfoliate] [F559Thlaspi perfoliatum]
[F557Pennyroyal][F557Mentha pulegium]
[F559Pertusaria, Alpine Moss] [F559Pertusaria bryontha]
[F559Physcia, Southern Grey] [F559Physcia tribacioides]
[F557Pigmyweed][F557Crassula aquatica]
[F559Pine, Ground] [F559Ajuga chamaepitys]
Pink, CheddarDianthus gratianopolitanus
Pink, ChildlingPetroraghia nanteuilii
[F560[F559Plantain, Floating Water] [F570(in respect of section 13(2) only)]][F560[F559Luronium natans]]
[F558Polypore, Oak][F558Buglossoporus pulvinus]
[F559Pseudocyphellaria, Ragged] [F559Pseudocyphellaria lacerata]
[F559Psora, Rusty Alpine] [F559Psora rubiformis]
[F558Puffball, Sandy Stilt][F558Battarraea phalloides]
[F557Ragwort, Fen][F557Senecio paludosus]
[F557Ramping-fumitory, Martin’s][F557Fumaria martinii]
[F559Rampion, Spiked] [F559Phyteuma spicatum]
[F557Restharrow, Small][F557Ononis reclinata]
[F557Rock-cress, Alpine][F557Arabis alpina]
[F557Rock-cress, Bristol][F557Arabis stricta]
[F571Rock Nail][F571Calicium corynellum]
[F559Rustworth, Western] [F559Marsupella profunda]
Sandwort, NorwegianArenaria norvegica
Sandwort, TeesdaleMinuartia stricta
Saxifrage, DroopingSaxifraga cernua
[F560[F559Saxifrage, Marsh] [F572(in respect of section 13(2) only)]] [F560[F559Saxifrage hirulus]]
Saxifrage, TuftedSaxifraga cespitosa
[F559Solenopsora, Serpentine] [F559Solenopsora liparina]
Solomon’s-seal, WhorledPolygonatum verticillatum
Sow-thistle, AlpineCicerbita alpina
Spearwort, Adder’s-tongueRanunculus ophioglossifolius
[F557Speedwell, Fingered][F557Veronica triphyllos]
Speedwell, SpikedVeronica spicata
F566. . .F566. . .
[F558Spike-rush, Dwarf][F558Eleocharis parvula]
[F558Stack Fleawort, South][F558Tephroseris integrifolia (ssp maritima)]
[F557Star-of-Bethlehem, Early][F557Gagea bohemica]
StarfruitDamasonium alisma
[F559Stonewort, Bearded] [F559Chara canescens]
[F557Stonewort, Foxtail][F557Lamprothamnium papulosum]
[F557Strapwort][F557Corrigiola litoralis]
[F558Sulphur-tresses, Alpine][F558Alectoria ochroleuca]
[F564[F558Threadmoss, Long-leaved]][F564[F558Bryum neodamense]]
[F571Tree Lungwort (in respect of section 13(2) only)][F571Lobaria pulmonaria]
[F559Turpswort] [F559Geocalyx graveolens]
Violet, FenViola persicifolia
[F557Viper’s-grass][F557Scorzonera humilis]
Water-plantain, Ribbon leavedAlisma gramineum
Wood-sedge, StarvedCarex depauperata
Woodsia, AlpineWoodsia alpina
Woodsia, OblongWoodsia ilvensis
Wormwood, FieldArtemisia campestris
Woundwort, DownyStachys germanica
Woundwort, LimestoneStachys alpina
Yellow-rattle, GreaterRhinanthus serotinus

Textual Amendments

F557Entry in Sch. 8 added by S.I. 1988/288, art. 3

F558 Entries in Sch. 8 added (16.4.1998) by S.I. 1998/878, art. 3

F559Entries in Sch. 8 added (29.10.1992) by S.I. 1992/2350, art. 3(1)

F566Entries in Sch. 8 removed (29.10.1992) by S.I. 1992/2350, art. 3(2)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 14 and 22.

[F573SCHEDULE 9E+W+S Animals and Plants to which Section 14 Applies

Part IE+W+S [F574NON-NATIVE] Animals which are established in the wild

Textual Amendments

F574Words in Sch. 9 Pt. I heading inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(2), 57(4); S.I. 2015/481, reg. 2(b)

Common nameScientific name
Bass, Large-mouthed BlackMicropterus salmoides
Bass, RockAmbloplites rupestris
BitterlingRhodeus sericeus
[F575[F576Boar, Wild]][F575[F576Sus scrofa]]
F577. . .F577. . .
[F576Capercaillie][F576Tetrao urogallus]
[F575[F576Chough]][F575[F576Pyrrhocorax pyrrhocorax]]
[F575[F576Corncrake]][F575[F576Crex crex]]
F577. . .F577. . .
[F578[F575Crab, Chinese Mitten]][F578[F575Eriocheir sinensis]]
[F579Crayfish, Noble] [F579Astacus astacus]
[F575[F576Crane, Common]][F575[F576Grus grus]]
[F578[F575Crayfish, Red Swamp]][F578[F575Procambarus clarkii]]
[F578[F579Crayfish, Signal]] [F578[F579Pacifastacus leniusculus]]
[F578[F575Crayfish, Spiny-cheek]][F578[F575Orconectes limosus]]
[F579Crayfish, Turkish] [F579Astacus leptodactylus]
[F575Deer, Chinese Water][F575Hydropotes inermis]
[F578[F580Deer, Muntjac]][F578[F580Muntiacus reevesi]]
[F579Deer, Sika] [F579Cervus nippon]
[F581 Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer][F581 Any hybrid of Cervus nippon]
F577. . .F577. . .
F577. . .F577. . .
Dormouse, FatGlis glis
Duck, Carolina WoodAix sponsa
Duck, MandarinAix galericulata
[F578Duck, Ruddy][F578Oxyura jamaicensis]
[F576Eagle, White-tailed][F576Haliaetus albicilla]
[F575Flatworm][F575Kontikia andersoni]
[F575Flatworm][F575Kontikia ventrolineata]
[F575Flatworm, Australian][F575Australoplana sanguinea]
[F582[F579Flatworm, New Zealand]] [F582[F579Artiposthia triangulata]]
Frog, EdibleRana esculenta
Frog, European Tree (otherwise known as Common tree frog)Hyla arborea
Frog, MarshRana ridibunda
F577. . .F577. . .
[F575Goose, Bar-headed][F575Anser indicus]
[F575Goose, Barnacle][F575Branta leucopsis]
Goose, CanadaBranta canadensis
[F578Goose, Egyptian][F578Alopochen aegyptiacus]
[F575Goose, Emperor][F575Anser canagicus]
[F575Goose, Snow][F575Anser caerulescens]
[F575[F576Goshawk]][F575[F576Accipiter gentilis]]
Heron, NightNycticorax nycticorax
[F575[F576Kite, Red]][F575[F576Milvus milvus]]
[F575Limpet, Slipper][F575Crepidula fornicata]
Lizard, Common WallPodarcis muralis
Marmot, Prairie (otherwise known as Prairie dog)Cynomys
Mink, AmericanMustela vison
Newt, AlpineTriturus alpestris
[F579Newt, Italian Crested] [F579Triturus carnifex]
[F583[F576Owl, Barn]] [F583[F576Tyto alba]]
[F575Owl, Eagle][F575Bubo bubo]
[F575Oyster Drill, American][F575Urosalpinx cinerea]
[F575Parakeet, Monk][F575Myiopsitta monachus]
Parakeet, Ring-neckedPsittacula krameri
Partridge, ChukarAlectoris chukar
Partridge, RockAlectoris graeca
Pheasant, GoldenChrysolophus pictus
Pheasant, Lady Amherst’sChrysolophus amherstiae
Pheasant, Reeves’Syrmaticus reevesii
Pheasant, SilverLophura nycthemera
[F575Pochard, Red-crested][F575Netta rufina]
F577. . .F577. . .
F577. . .F577. . .
[F582Pumpkinseed (otherwise known as Sun-fish or Pond-perch)][F582Lepomis gibbosus]
F577. . .F577. . .
Rat, BlackRattus rattus
[F575Shelduck, Ruddy][F575Tadorna ferruginea]
[F579Snake, Aesculapian] [F579Elaphe longissima]
[F578Squirrel, Grey][F578Sciurus carolinensis]
[F575Swan, Black][F575Cygnus atratus.]
Terrapin, European PondEmys orbicularis
Toad, African ClawedXenopus laevis
Toad, MidwifeAlytes obstetricans
Toad, Yellow-belliedBombina variegata
Wallaby, Red-neckedMacropus rufogriseus
Wels (otherwise known as European catfish)Silurus glanis
ZanderStizostedion lucioperca
[F584With respect to any area in England which on 31st May 2021—
(a)

is a European site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017, or

(b)

is within 500 metres of the boundary of a site described in paragraph (a)—]

(i)

[F584Partridge, Red-legged

(ii)

[F584Pheasant, Common

(i)

Alectoris rufa]

(ii)

Phasianus colchicus]

Textual Amendments

F576Entries in Sch. 9 Pt. I omitted (E.W.) (5.3.2015 for E.) by virtue of Infrastructure Act 2015 (c. 7), ss. 24(3), 57(4); S.I. 2015/481, reg. 2(b)

F578Words in Sch. 9 Pt. 1 omitted (E.W.) (1.12.2019) by virtue of The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(3)(a) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))

F579 Entries in Sch. 9 Pt. I added (17.3.1992) by S.I. 1992/320, art. 2.

F580 Entry in Sch. 9 Pt. I added (5.3.1997) by S.I. 1997/226, art. 2

F581 Entries in Sch. 9 Pt. I added (28.4.1999) by S.I. 1999/1002, art. 2

F583 Entry in Sch. 9 Pt. I added (25.11.1992) by S.I. 1992/2674, art. 2.

[F585PART IAE+WNATIVE ANIMALS

Textual Amendments

F585Sch. 9 Pt. 1A inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(4), 57(4); S.I. 2015/481, reg. 2(b)

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]

Common nameScientific name
[F586Beaver, Eurasian Castor fiber]
CapercaillieTetrao urogallus
ChoughPyrrhocorax pyrrhocorax
CorncrakeCrex crex
Crane, CommonGrus grus
Eagle, White-tailedHaliaetus albicilla
GoshawkAccipiter gentilis
Kite, RedMilvus milvus
Owl, BarnTyto alba.

Textual Amendments

[F587PART IBE+WANIMALS NO LONGER NORMALLY PRESENT

Textual Amendments

F587Sch. 9 Pt. 1B inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(5), 57(4); S.I. 2015/481, reg. 2(b)

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]

Common nameScientific name
F588. . .F588. . .
Boar, WildSus Scrofa.

Textual Amendments

Part IIE+W+S Plants

Common nameScientific name
[F589Alexanders, Perfoliate][F589Smyrnium perfoliatum]
[F589Algae, Red][F589Grateloupia luxurians]
[F589Archangel, Variegated Yellow][F589Lamiastrum galeobdolon subsp. argentatum]
[F589Azalea, Yellow][F589Rhododendron luteum]
[F590[F589Balsam, Himalayan]][F590[F589Impatiens glandulifera]]
[F589Cotoneaster][F589Cotoneaster horizontalis]
[F589Cotoneaster, Entire-leaved][F589Cotoneaster integrifolius]
[F589Cotoneaster, Himalayan][F589Cotoneaster simonsii]
[F589Cotoneaster, Hollyberry][F589Cotoneaster bullatus]
[F589Cotoneaster, Small-leaved][F589Cotoneaster microphyllus]
[F589Creeper, False Virginia][F589Parthenocissus inserta]
[F589Creeper, Virginia][F589Parthenocissus quinquefolia]
[F589Dewplant, Purple][F589Disphyma crassifolium]
[F590[F589Fanwort]][F590[F589Cabomba caroliniana]]
[F589Fern, Water][F589Azolla filiculoides]
[F589Fig, Hottentot][F589Carpobrotus edulis]
[F589Garlic, Three-cornered][F589Allium triquetrum]
[F590Hogweed, Giant][F590Heracleum mantegazzianum]
[F590[F589Hyacinth, water]][F590[F589Eichhornia crassipes]]
[F591Kelp, Giant] [F591Macrocystis angustifolia]
[F591Kelp, Giant] [F591Macrocystis integrifolia]
[F591Kelp, Giant] [F591Macrocystis laevis]
Kelp, GiantMacrocystis pyrifera
[F591Kelp, Japanese] [F591Laminaria japonica]
[F589Knotweed, Giant][F589Fallopia sachalinensis]
[F589Knotweed, Hybrid][F589Fallopia japonica x Fallopia sachalinensis
[F589Knotweed, Japanese][F589Fallopia japonica]
[F592Knotweed, Japanese][F592Polygonum cuspidatum]
[F589Leek, Few-flowered][F589Allium paradoxum]
[F589Lettuce, water][F589Pistia stratiotes]
[F589Montbretia][F589Crocosmia x crocosmiiflora]
[F590[F589Parrot's-feather]][F590[F589Myriophyllum aquaticum]]
[F590[F589Pennywort, Floating]][F590[F589Hydrocotyle ranunculoides]]
[F589Potato, Duck][F589Sagittaria latifolia]
[F590[F589Primrose, Floating Water]][F590[F589Ludwigia peploides]]
[F590[F589Primrose, Water]][F590[F589Ludwigia grandiflora]]
[F589Primrose, Water][F589Ludwigia uruguayensis]
[F589Rhododendron][F589Rhododendron ponticum]
[F589Rhododendron][F589Rhododendron ponticum x Rhododendron maximum]
[F590[F589Rhubarb, Giant]][F590[F589Gunnera tinctoria]]
[F589Rose, Japanese][F589Rosa rugosa]
[F593[F589Salvinia, Giant]][F593[F589Salvinia molesta]]
[F589Seafingers, Green][F589Codium fragile]
[F592Seafingers, Green] [F592Codium fragile tomentosoides]
[F591Seaweed, Californian Red] [F591Pikea californica]
[F591Seaweed, Hooked Asparagus] [F591Asparagopsis armata]
Seaweed, JapaneseSargassum muticum
[F591Seaweeds, Laver (except native species)] [F591Porphyra spp except -]
[F591p. amethystea]
[F591p. leucosticta]
[F591p. linearis]
[F591p. miniata]
[F591p. purpurea]
[F591p. umbilicalis]
[F589Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed)][F589Crassula helmsii]
[F591Wakame] [F591Undaria pinnatifida]
[F590[F589Waterweed, Curly]][F590[F589Lagarosiphon major]]
[F594[F589Waterweeds]] [F594Waterweeds (except Nuttall’s Waterweed)][F594[F589All species of the genus Elodea.]] [F594All species of the genus Elodea, except Elodea nuttallii]

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]]

Section 14(4A)

[F595SCHEDULE 9AE+WSpecies control agreements and orders (England and Wales)

Textual Amendments

PART 1E+WOverview and interpretation

OverviewE+W

1(1)This Schedule provides for—E+W

(a)species control agreements between environmental authorities and owners of premises, and

(b)species control orders made by environmental authorities,

and for related matters.

(2)A species control agreement or species control order may relate to—

[F596(a)a species of animal or plant included on the [F597list of species of special concern],

(b)an invasive non-native species of animal or plant not falling within sub-paragraph (a), or

(c)a species of animal that is no longer normally present in Great Britain.]

This is subject to the other provisions of this Schedule.

(3)The following definitions apply for the purposes of this Schedule.

Definitions relating to speciesE+W

2(1)Species” means any kind of animal or plant.E+W

(2)A species is “invasive” if, uncontrolled, it would be likely to have a significant adverse impact on—

(a)biodiversity,

(b)other environmental interests, or

(c)social or economic interests.

(3)A species is “non-native” if—

(a)it is listed in Part 1 or 2 of Schedule 9, or

(b)in the case of a species of animal, it is a species—

(i)whose natural range does not include any part of Great Britain, and

(ii)which has been introduced into Great Britain or is present in Great Britain because of other human activity.

(4)References to a species being “present” on premises include its being present at any stage in its life-cycle (for example, as eggs or seeds).

(5)A species of animal is “no longer normally present in Great Britain” if—

(a)it is a species listed in Part 1B of Schedule 9, or

(b)it is a species—

(i)whose natural range includes all or any part of Great Britain, and

(ii)which has ceased to be ordinarily resident in, or a regular visitor to, Great Britain in a wild state.

[F598[F599(6)The “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.]]

Environmental authoritiesE+W

3(1)Environmental authority”, in relation to premises in England, means—E+W

(a)the Secretary of State,

(b)the Environment Agency,

(c)Natural England, and

(d)the Forestry Commissioners.

(2)Environmental authority”, in relation to premises in Wales, means—

(a)the Welsh Ministers, and

(b)the Natural Resources Body for Wales.

Owners and dwellingsE+W

4(1)Owner”, in relation to premises consisting of land, means—E+W

(a)a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion,

(b)a person in possession under a lease, or

(c)a person who for the time being exercises powers of management or control over the land.

(2)Dwelling” means a building or structure, or part of a building or structure, occupied wholly or mainly as a dwelling.

OperationsE+W

5(1)“Species control operations” are operations to do one or more of the following—E+W

(a)eradicate a species from premises;

(b)control a species on premises;

(c)prevent a species from returning to premises.

(2)References to “carrying out” operations include arranging for operations to be carried out.

PART 2E+WSpecies control agreements

Making of species control agreementsE+W

6(1)An environmental authority may enter into a “species control agreement” with an owner of any premises where the authority considers that there is present on the premises—E+W

(a)an invasive non-native species, or

(b)a species of animal that is no longer normally present in Great Britain.

(2)Under a species control agreement the parties agree to the carrying out of species control operations.

(3)Before entering into a species control agreement with an owner, an environmental authority must be satisfied that—

(a)the provisions of the agreement are proportionate to the objective to be achieved, and

(b)in a case where there is more than one owner, the owner with whom the agreement is entered into is the most appropriate one.

(4)Before entering into a species control agreement relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

(a)the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

(b)the animals on the premises are having a significant adverse impact on—

(i)biodiversity,

(ii)other environmental interests, or

(iii)social or economic interests, and

(c)there is no appropriate alternative way of obviating that impact.

(5)A species control agreement may not be entered into in relation to premises consisting of a dwelling except where the environmental authority is the Secretary of State or the Welsh Ministers.

Content of species control agreementsE+W

7(1)A species control agreement must provide for—E+W

(a)the species control operations to be carried out,

(b)the party who is to carry them out, and

(c)the time by which they are to be carried out.

(2)A species control agreement may contain such supplementary provision as the parties consider appropriate.

(3)That may include provision as to—

(a)how species control operations are to be carried out,

(b)payment to be made by either party to the other, or to another person, in respect of the species control operations to be carried out, or

(c)any species control operations that must not be carried out.

Notice of complianceE+W

8E+WWhere an environmental authority considers that an owner of premises has complied with all the requirements in a species control agreement to carry out species control operations, the authority must give the owner notice to that effect.

LiabilityE+W

9E+WAn environmental authority is not liable to a person with an interest in the premises, other than the owner with whom a species control agreement is entered into, for anything done by the authority pursuant to the agreement.

PART 3E+WSpecies control orders

When a species control order may be madeE+W

10(1)An environmental authority may make a species control order in relation to premises if—E+W

(a)it considers that there is present on the premises—

(i)an invasive non-native species, or

(ii)a species of animal that is no longer normally present in Great Britain, and

(b)any of the following circumstances apply.

(2)The circumstances are—

(a)the environmental authority considers that an owner has failed to comply with a species control agreement entered into with the environmental authority and, having been given notice to that effect and a reasonable opportunity to rectify the failure, has not done so;

(b)the environmental authority has offered to enter into a species control agreement with an owner but—

(i)the owner has refused to enter into any kind of species control agreement, or

(ii)no species control agreement has been entered into in respect of the premises by the end of the period of 42 days beginning with the day after the offer was made and the authority considers it unlikely that the owner will enter any kind of such agreement;

(c)the environmental authority considers that the making of the order is urgently necessary;

(d)the environmental authority has been unable to identify an owner, having—

(i)placed on the premises a conspicuous notice of its desire to enter into a species control agreement, and

(ii)waited for 5 days after the day on which the notice was placed.

(3)Before making a species control order, an environmental authority must be satisfied that the provisions of the order are proportionate to the objective to be achieved.

(4)Before making a species control order relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

(a)the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

(b)the animals on the premises are having a significant adverse impact on—

(i)biodiversity,

(ii)other environmental interests, or

(iii)social or economic interests, and

(c)there is no appropriate alternative way of obviating that impact.

(5)A species control order may not be made in relation to premises consisting of a dwelling except by the Secretary of State or the Welsh Ministers.

What an order must doE+W

11(1)A species control order under paragraph 10(2)(a) or (b) (failure to comply with or enter into agreement) must contain provision—E+W

(a)requiring the owner specified in that paragraph to carry out species control operations, or

(b)stating that the environmental authority proposes to carry out species control operations,

or both.

(2)A species control order under paragraph 10(2)(c) (emergency) must contain provision—

(a)requiring any owner of the premises specified in the order to carry out species control operations, or

(b)stating that the environmental authority proposes to carry out species control operations,

or both.

(3)A species control order under paragraph 10(2)(d) (no identifiable owner) must contain provision stating that the environmental authority proposes to carry out species control operations.

12(1)A species control order must—E+W

(a)specify the species to which the order relates,

(b)specify the species control operations to be carried out,

(c)specify the time by which the species control operations must be carried out or (as the case may be) the time by which they are proposed to be carried out by the authority, and

(d)if appropriate, include a map of the premises to which the order relates.

(2)Unless it is made under paragraph 10(2)(c) (emergency), a species control order—

(a)may not require an owner of premises to carry out species control operations, or provide for an environmental authority to carry out species control operations, before the end of the period in which an appeal may be made (as to appeals, see paragraph 16), and

(b)must provide that if an appeal is made within that period, the owner need not carry out the operations, or the environmental authority shall not carry out the operations, before the appeal is withdrawn or finally determined.

What an order may doE+W

13(1)A species control order may contain provision supplementary to that specified in paragraphs 11 and 12.E+W

(2)That may include provision as to—

(a)how species control operations are to be carried out;

(b)payment to be made by the environmental authority to—

(i)an owner, in respect of the reasonable costs of operations to be carried out by the owner, or

(ii)another person, in respect of the reasonable costs of operations to be carried out by an owner;

(c)payment that an owner must make in respect of the reasonable costs of species control operations to be carried out by the environmental authority;

(d)species control operations that an owner must not carry out;

(e)who will carry out species control operations for the environmental authority.

NoticeE+W

14(1)After making a species control order, an environmental authority must forthwith give notice of it to—E+W

(a)all owners of the premises of whom the environmental authority is aware,

(b)the Secretary of State, if the environmental authority is the Environment Agency, Natural England or the Forestry Commissioners, and

(c)the Welsh Ministers, if the environmental authority is the Natural Resources Body for Wales.

(2)In the case of an order under paragraph 10(2)(d) (no identifiable owner), the environmental authority must also give notice of the order by placing it on the premises conspicuously.

(3)Notice under this paragraph must include—

(a)reasons for making the species control order, and

(b)reasons for any requirement imposed by it on an owner.

RevocationE+W

15(1)An environmental authority may at any time revoke a species control order made by it.E+W

(2)Notice of revocation must be given as specified in paragraph 14 (but reasons need not be given).

AppealsE+W

16(1)An owner of premises in relation to which a species control order is made may appeal to the First-tier Tribunal against—E+W

(a)the making of the order, or

(b)any provision of the order.

(2)The First-tier Tribunal may—

(a)affirm the order,

(b)direct the environmental authority which made the order to revoke or amend it,

(c)in the case of an order under paragraph 10(2)(c) (emergency), suspend the order, or

(d)make such other order as the Tribunal thinks fit.

Notice of complianceE+W

17E+WWhere an environmental authority considers that an owner of premises has complied with all the requirements in a species control order to carry out species control operations, the authority must give the owner notice to that effect.

EnforcementE+W

18(1)This paragraph applies where an environmental authority considers that an owner of premises required by a species control order to carry out a species control operation has not done so by the date or in the way specified in the order.E+W

(2)The authority must give the owner notice to that effect.

(3)Sub-paragraphs (4) to (6) apply if, after a week after giving notice under sub-paragraph (2), the authority considers that the owner has still not carried out the species control operation in the way specified in the order.

(4)The authority may carry out the operation itself or carry out such further work as is necessary to ensure that the operation is carried out in the way specified in the order.

(5)The authority may recover from the owner any expenses reasonably incurred by it in doing so (less any payment which the authority would apart from this paragraph have been required to make to the owner in respect of the carrying out of the operations by the owner).

(6)The authority is not required to make any payment provided for under paragraph 13(2)(b) in relation to the operation (and may recover any payment made under that paragraph).

OffencesE+W

19(1)A person who, without reasonable excuse, fails to comply with a requirement imposed on that person by a species control order commits an offence.E+W

(2)A person who intentionally obstructs a person from carrying out an operation required or proposed under a species control order commits an offence.

(3)A person guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine, or both.

(4)In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (3) to 51 weeks is to be read as a reference to 6 months.

(5)In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3) to a fine is to be read as a reference to a fine not exceeding £40,000.

LiabilityE+W

20(1)An owner of premises is not liable to any other person for doing anything required to be done by a species control order.E+W

(2)An environmental authority is not liable to a person with an interest in premises for anything done—

(a)by an owner pursuant to a requirement included in a species control order, or

(b)by the authority pursuant to—

(i)provision included in a species control order under paragraph 11(1)(b), (2)(b) or (3), or

(ii)paragraph 18(4).

PART 4E+WPowers of entry

Powers of entryE+W

21(1)A person who is authorised to do so may enter any premises to—E+W

(a)assist an environmental authority to determine whether to offer to enter into a species agreement with a person,

(b)assist an environmental authority to determine whether to make or revoke a species control order,

(c)investigate suspected non-compliance with a species control agreement or a species control order,

(d)carry out species control operations for an environmental authority under a species control order,

(e)place a notice as specified in paragraph 10(2)(d)(i) or 14(2) (no identifiable owner), or

(f)carry out species control operations or work pursuant to paragraph 18(4).

This is subject to the other provisions of this Schedule.

(2)A person may not enter premises under sub-paragraph (1)(a) or (b) with a view to establishing whether a species is present unless the environmental authority has reasonable grounds for suspecting that it is.

Authorisation by justice of the peaceE+W

22(1)To enter premises under paragraph 21 a person must be authorised by a warrant issued by a justice of the peace where—E+W

(a)the premises consist of a dwelling or a garden, yard, outbuildings or other land used or enjoyed wholly with a dwelling,

(b)admission to the premises has been refused by an owner or refusal is reasonably apprehended,

(c)the premises are unoccupied,

(d)the owner is temporarily absent,

(e)giving notice would defeat the purpose of entry,

(f)entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(c) (emergency),

(g)entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(d) (no identifiable owner),

(h)entry is to place a notice as specified in paragraph 10(2)(d)(i) or 14(2), or

(i)entry is to carry out operations or work pursuant to paragraph 18(4) which the environmental authority considers to be urgently necessary.

(2)A justice of the peace may not grant a warrant—

(a)in the circumstances in sub-paragraph (1)(a) to (d) unless satisfied that reasonable notice of the proposed entry has been given to all owners of the premises of whom the environmental authority is aware, or

(b)in the circumstances in paragraph (1)(g) unless satisfied that the requirement in paragraph 14(2) (notice) has been met.

(3)For the purposes of sub-paragraph (2)(a) less than 48 hours' notice is not reasonable.

(4)A warrant may authorise a person to use reasonable force if necessary, but a person so authorised—

(a)must be accompanied by a constable when doing so, and

(b)may not use force against an individual.

Authorisation by environmental authorityE+W

23(1)To enter premises under paragraph 21 in circumstances other than those specified in paragraph 22(1), a person must be authorised in writing by the environmental authority.E+W

(2)A person authorised by an environmental authority may not demand admission as of right to any premises unless reasonable notice has been given to all owners of the premises of whom the authority is aware.

(3)For these purposes less than 48 hours' notice is not reasonable.

Exercise of right of entryE+W

24(1)A right of entry under paragraph 21 is exercisable at any reasonable time.E+W

(2)A person authorised under paragraph 22 or 23 to enter premises must, if so required before entering, produce evidence of his or her warrant or other authorisation and state the purpose of entry.

(3)A person entering premises under paragraph 21 may—

(a)take on to the premises such other persons as may be necessary;

(b)take any equipment, machinery or materials on to the premises;

(c)take samples of anything in or on the premises.

(4)A person who enters premises under paragraph 21 which are unoccupied or from which the owner is temporarily absent must, on departure, leave them as effectively secured as they were on entry.

PART 5E+WSupplementary

CompensationE+W

25(1)The Secretary of State and the Welsh Ministers may (separately or jointly) make arrangements for the payment of compensation to an owner of premises in respect of financial loss resulting from—E+W

(a)a species control agreement or order, or

(b)the exercise of the powers of entry under this Schedule.

(2)The arrangements may secure that compensation is payable only for financial loss above a specified amount.

Codes of practiceE+W

26(1)The Secretary of State must issue a code of practice in relation to species control agreements and orders in England.E+W

(2)A code under this paragraph must in particular provide guidance to environmental authorities in England on—

(a)when to offer to enter into a species control agreement;

(b)how to go about entering into a species control agreement;

(c)what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

(d)when to make a species control order;

(e)what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

(f)standards of animal welfare to be met in connection with species control agreements and orders.

(3)A code under this paragraph may be revised or replaced.

(4)Before issuing (or revising or replacing) a code under this paragraph the Secretary of State must carry out a public consultation.

(5)The Secretary of State must—

(a)ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

(b)lay a copy of a code under this paragraph before Parliament.

27(1)The Welsh Ministers must issue a code of practice in relation to species control agreements and orders in Wales.E+W

(2)A code under this paragraph must in particular provide guidance to environmental authorities in Wales on—

(a)when to offer to enter into a species control agreement;

(b)how to go about entering into a species control agreement;

(c)what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

(d)when to make a species control order;

(e)what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

(f)standards of animal welfare to be met in connection with species control agreements and orders.

(3)A code under this paragraph may be revised or replaced.

(4)Before issuing (or revising or replacing) a code under this paragraph the Welsh Ministers must carry out a public consultation.

(5)The Welsh Ministers must—

(a)ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

(b)lay a copy of a code under this paragraph before the National Assembly for Wales.

28(1)A person's failure to comply with a provision of a code under paragraph 26 or 27 does not make the person liable to civil or criminal proceedings.E+W

(2)A code under paragraph 26 or 27—

(a)is admissible in evidence in any civil proceedings, and

(b)must be taken into account by a court in any civil proceedings in which it appears to the court to be relevant.]

Section 15

X12 SCHEDULE 10U.K. Amendment of the Endangered Species (Import and Export) Act 1976

Editorial Information

X12The text of Sch. 7 paras. 3-12 and Sch. 10 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.

Part IU.K. The Amendments

LicencesU.K.

1(1)After subsection (3) of section 1 of the 1976 Act (restriction on importation and exportation of certain animals and plants) there shall be inserted the following subsections—U.K.

(3A)Subsection (3) above shall not apply in relation to an application of any description if the scientific authority concerned has advised the Secretary of State as to whether licences should be issued in pursuance of applications of that description and, if so, their terms.

(3B)Where the Secretary of State is satisfied that the issue of a licence authorising the importation or exportation of any item which—

(a)is part of or derives from or is made wholly or partly from an animal of any of the kinds to which Schedule 1 or a plant of any of the kinds to which Schedule 2 to this Act for the time being applies ; but

(b)is not an item to which Schedule 3 to this Act for the time being applies.

would facilitate the importation or exportation of that item, he may, if he considers it expedient to do so, issue such a licence.

(2)In subsections (4), (5), (6) and (7) of that section after the words “subsection (2)” there shall be inserted the words “or (3B)”.

(3)In subsection (4) of that section after paragraph (a) there shall be inserted the following paragraphs—

(aa)may be issued either to all persons, to persons of a class or to a particular person ;

(ab)may be subject to compliance with any specified conditions,; and in paragraph (c) of that subsection for the words from “a period” to “shorter” there shall be substituted the word “such”.

Expenses of returning animals and plants to the wildU.K.

2U.K.After subsection (8) of section 1 of the 1976 Act there shall be inserted the following subsection—

(9)Where, in the case of a live animal or a plant of any kind which is condemned or deemed to be condemned as forfeited, the Commissioners of Customs and Excise incur any expenses in connection with, or with a view to—

(a)its return to the wild ; or

(b)its being kept at premises (whether within or outside the United Kingdom) which are suitable for the keeping of animals or plants of that kind,

those expenses may be recovered, as a debt due to the Crown, from the importer or intending exporter of the animal or plant or any person possessing or having control of it at the time of its seizure.

In this subsection expressions which are also used in the Customs and Excise Management Act 1979 have the same meanings as in that Act.

Powers of entryU.K.

3U.K.After the subsection inserted by paragraph 2 as subsection (9) of section 1 of the 1976 Act there shall be inserted the following subsections—

(10)Any person duly authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter any premises where animals of any of the kinds to which Schedule 1 or plants of any of the kinds to which Schedlule 2 to this Act for the time being applies are kept (whether temporarily or permanently) in order to ascertain whether any of the animals or plants kept there have been imported contrary to this section.

(11)Any person who wilfully obstructs a person acting under subsection (10) above shall be liable on summary conviction to a fine not exceeding £200.

Power to modify SchedulesU.K.

4(1)In paragraph (c) of section 3 of the 1976 Act (power to modify Schedules) after the word “conservation” there shall be inserted the words “in any area” and after the word “endangered” there shall be inserted the word “there”.U.K.

(2)After paragraph (d) of that section there shall be inserted the following paragraph—

(dd)to restrict the importation of animals or plants of any kind which appear to the Secretary of State to be unlikely to survive for any appreciable time if they are kept in the United Kingdom ;.

Sale of certain animals or plants or their derivativesU.K.

5(1) In subsection (1) of section 4 of the 1976 Act (offences to sell etc. things imported contrary to section 1 or their derivatives) for the words “Subject to subsection (2)” there shall be substituted the words “Subject to subsections (1B) and (2)”, after the words “has in his possession” there shall be inserted the words “or transports” and the words “and in the following provisions” onwards shall be omitted. U.K.

(2)After that subsection there shall be inserted the following subsections—

(1A)Subject to subsections (1B) and (2) below, a person who sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale—

(a)a live or dead animal of any of the kinds to which Schedule 4 to this Act for the time being applies or an egg or other immature stage of such an animal ;

(b)a live or dead plant of any of the kinds to which Schedule 5 to this Act for the time being applies ; or

(c)any part of or anything which derives from or is made wholly or partly from anything referred to in paragraph (a) or (b) above,

shall be guilty of an offence ; but nothing in this subsection shall apply in relation to anything falling within subsection (1) above or anything which has been imported, or is a part of or derives from or is made wholly or partly from anything which has been imported, before the passing of the Wildlife and Countryside Act 1981.

(1B)Subsections (1) and (1A) above do not apply to anything done under and in accordance with the terms of a licence issued by the Secretary of State ; and subsections (4) to (7) of section 1 above shall apply in relation to a licence issued under this subsection as they apply in relation to a licence issued under subsection (2) of that section.

(1C) In the following provisions of this section “ restricted article ” means anything falling within subsection (1) or (1A) above.

(3)In subsection (2) of that section after the words “subsection (1)” there shall be inserted the words “or (1A)”.

(4)In subsection (5) of that section after the words “subsection (1)” there shall be inserted the words “, (1A)”.

(5)In subsection (6) of that section after the words “references to” there shall be inserted the word “hire”.

(6)After Schedule 3 to the 1976 Act there shall be inserted as Schedule 4 the Schedule set out in Part II of this Schedule.

(7)After the Schedule inserted in the 1976 Act by sub-paragraph (6) there shall be inserted as Schedule 5 the Schedule set out in Part III of this Schedule.

Part IIU.K. Schedule inserted as Schedule 4

SCHEDULE 4U.K. Animals the Sale etc. of Which is Restricted

This Schedule applies to the following kinds of animals, namely—

MAMMALSU.K.

1U.K.The kinds of mammal specified in the first column below—

MarsupialsU.K.
KindCommon name
BettongiaRat kangaroo
Caloprymnus campestrisDesert rat-kangaroo
Lagorchestes hirsutusWestern hare-wallaby
Lagostrophus fasciatusBanded hare-wallaby
Onychogalea fraenataBridle nail-tailed wallaby
Onychogalea lunataCrescent nail-tailed wallaby
Lasiorhinus krefftiiQueensland hairy-nosed wombat
Chaeropus ecaudatusPig-footed bandicoot
Macrotis lagotisRabbit-bandicoot
Macrotis leucaraLesser rabbit-bandicoot
Perameles bougainvilleWestern barred bandicoot
Sminthopsis longicaudataLong-tailed dunnart
Sminthopsis psammophilaSandhill dunnart
Thylacinus cynocephalusTasmanian wolf
PrimatesU.K.
AllocebusHairy-eared dwarf lemur
CheirogaleusDwarf lemurs
HapalemurGentle lemurs
LemurLemurs
LepilemurSportive and weasel lemurs
MicrocebusMouse lemurs
PhanerFork-marked mouse lemurs
AvahiAvahis (otherwise known as Woolly indris)
IndriIndris
PropithecusSifakas
Daubentonia madagascariensisAye-aye
Callimico goeldiiGoeldi’s marmoset (otherwise known as Goeldi’s tamarin)
Callithrix auritaWhite eared marmoset
Callithrix flavicepsBuff-headed marmoset
LeontopithecusManed tamarin (otherwise known as Golden tamarin)
Saguinus bicolorPied tamarin
Saguinus geoffroyiGeoffroy’s tamarin
Saguinus leucopusWhite-footed tamarin
Saguinus oedipusCotton-headed tamarin
Alouatta palliata (otherwise known as Alouatta villosa)Mantled howler
Ateles geoffroyi frontatusBlack-browed spider monkey
Ateles geoffroyi panamensisRed spider monkey
Brachyteles arachnoidesWoolly spider monkey
CacajaoUakaris
Chiropotes albinasusWhite-nosed saki
Saimiri oerstediiRed-backed squirrel monkey
Cercocebus galeritus galeritusTana River mangabey
Cercopithecus dianaDiana monkey
Colobus badius kirkiiKirk’s red colobus (otherwise known as Zanzibar red colobus)
Colobus badius rufomitratusTana River red colobus
Macaca silenusLion-tailed macaque
Nasalis larvatusProboscis monkey
Papio leucophaeus (otherwise known as Mandrillus leucophaeus)Drill
Papio sphinx (otherwise known as Mandrillus sphinx)Mandrill
Presbytis entellusLangur (otherwise known as Entellus langur or True langur)
Presbytis geeiGolden langur
Presbytis pileatusCaped langur
Presbytis potenzianiMentawi leaf monkey
Pygathrix nemaeusDouc langur
Rhinopithecus roxellanaeSnub-nosed langur
Simias concolorMentawi snub-nosed langur
HybolatesGibbons
Symphalangus syndactylusSiamang
PongidaeGreat apes
EdentatesU.K.
Pridontes giganteus (otherwise known as Priodontes maximus)Giant armadillo
PangolinsU.K.
Manis temminckiSouth African pangolin
Rabbits and haresU.K.
Caprolagus hispidusAssam rabbit (otherwise known as Hispid hare)
Romerolagus diaziVolcano rabbit
RodentsU.K.
Cynomys mexicanusMexican prairie marmot
Leporillus conditorAustralian sticknest rat
Pseudomys fumeusSmoky mouse
Pseudomys praeconisShark Bay mouse
Xeromys myoidesFalse water rat
Zyzomys pendunculatusCentral thick-tailed rat
Chinchilla (except any domestic form of Chinchilla laniger)Chinchilla
CetaceansU.K.
Lipotes vexilliferChinese river dolphin
Physter catodon (otherwise known as Physeter macrocephalus)Sperm whale
Platanista gangeticaGanges dolphin
Platanista minorIndus river dolpin
SotaliaHumpbacked dolphins
SousaHumpacked dolphins
Neophocaena phocaenoidesFinless porpoise
Phocoena sinusCochito
Balaena mysticetusGreenland right whale (otherwise known as Bowhead whale)
Balaenoptera borealisSei whale
Balaenoptera musculusBlue whale
Balaenoptera physalusCommon rorqual
EschrichtiusGrey whales
EubalaenaRight whales
Megaptera novaeangliaeHumpback whale
CarnivoresU.K.
Spethos venaticusBush dog
Vulpes velox hebesNorthern kit fox
Helarctos malayanusSun bear
Selenarctos thibetanusAsiatic black bear
Tremarctos ornatusSpectacled bear
Ursus arctos isabellinusBrown bear
Ursus arctos nelsoniMexican brown bear
Ursus arctos pruinosusTibetan brown bear
Aonyx microdonCameroon clawless otter
Enhydra lutris nereisSouthern sea otter
Lutra felinaMarine otter
Lutra longicaudisSouth American otter
Lutra lutraEurasian otter
Lutra provocaxSouthern river otter
Mustela nigripesBlack-footed ferret
Pteronura brasiliensisGiant otter
Prionodon pardicolorSpotted linsang
Hyaena brunneaBrown hyaena
Acinonyx jubatusCheetah
Felis bengalensis bengalensisLeopard cat
Felis concolor coryiFlorida puma
Felis concolor costaricensisCosta Rica puma
Felis concolor cougarEastern puma
Felis jacobitaAndean cat
Felis rufa escuinapaeMexican bobcat
Felis marmorataMarbled cat
Felis nigripesBlack-footed cat
Felis pardalis mearnsiCosta Rica ocelot
Felis pardalis mitisBrazilian ocelot
Felis planicepsFlat-headed cat
Felis rubiginosaRusty spotted cat
Felis temminckiAsiatic golden cat
Felis tigrina oncillaLittle spotted cat
Felis wiedii nicaraguaeNicaraguan margay
Felis wiedii salviniaGuatemalan margay
Felis yagouaroundi cacomitliJaguarundi
Felis yagouaroundi fossataJaguarundi
Felis yagouaroundi panamensisJaguarundi
Felis yagouaroundi toltecaJaguarundi
Neofelis nebulosaClouded leopard
Panthera leo persicaAsiatic lion
Panthera oncaJaguar
Panthera pardusLeopard
Panthera tigrisTiger
Panthera unciaSnow leopard
SealsU.K.
Arcocephalus townsendiGuadelupe fur seal
MonachusMonk seals
ElephantsU.K.
Elephas maximusAsian elephant
Sea-cowsU.K.
Dugong dugonDugong (otherwise known as Sea-cow)
Trichechus inunguisAmazonian manatee
Trichechus manatusWest Indian manatee
Odd-toed ungulatesU.K.
Equus grevyiGrevy’s zebra
Equus hemionus hemionusMongolian wild ass
Equus hemionus khurIndian wild ass
Equus przewalskiiPrzewalski’s horse
Equus zebra zebraCape mountain zebra
Tapirus bairdiiCentral American tapir
Tapirus indicusMalayan tapir (otherwise known as Indian tapir)
Tapirus pinchaqueMountain tapir (otherwise known as Woolly tapir)
RhinocerotidaeRhinoceroses
Even-toed ungulatesU.K.
Babyrousa babyrussaBabirusa
Sus salvaniusPygmy hog
Vicugna vicugnaCalamian deer
Axis kuhliBawean deer
Axis porcinus annamiticusThai hog deer
Blastocerus dichotomusMarsh deer
Cervus duvauceliSwamp deer
Cervus elaphus hangluKashmir stag (otherwise known as Hanglu)
Cervus eldiBrow-antlered deer
Dama mesopotamicaPersian fallow deer
Hippocamelus antisiensisPeruvian huemal
Hippocamelus bisulcusChilean huemal
Moschus moschiferus moschiferusHimalayan musk deer
Ozotoceros bezoarticusPampas deer
Pudu puduChilean pudu
Antilocapra americana peninsularisLower California pronghorn
Antilocapra americana sonoriensisSonoran pronghorn
Bison bison athabascaeWood bison
Bos gaurusGaur
Bos mutusWild yak
Bubulas depressicornisLowland anoa
Bubalus mindorensisTamaraw
Bubalus quarlesiMountain anoa
Capra falconeri chiltanensisMarkhor
Capra falconeri jerdoniMarkhor
Capra falconeri megacerosMarkhor
Capricornis sumatraensisSerow
Hippotragus niger varianiGiant sable antelope
Nemorhaedua goralGoral
Novibos sauveliKoupray
Oryx leucoryxArabian oryx
Ovis ammon hodgsoniGreat Tibetan sheep
Ovis orientalis ophionCyprian mouflon
Ovis vigneiUrial
Pantholops hodgsoniTibetan antelope
Rupicapra rupicapra ornataAbrussi chamois

BIRDSU.K.

2U.K.The kinds of bird specified in the first column below—

RheasU.K.
Pterocnemia pennataLesser rhea
TinamousU.K.
Tinamus solitariusSolitary tinamou
PenguinsU.K.
Spheniscus humboldtiHumboldt penguin
GrebesU.K.
Podilymbus gigasAtitlan grebe
AlbatrossesU.K.
Diomedea albatrusShort-tailed albatross
Pelican-like birdsU.K.
Sula abbottiAbbot’s booby
Fregata andrewsiChristmas Island frigatebird
StorksU.K.
Ciconia ciconia boycianaJapanese white stork
Geronticus eremitaBald ibis
Nipponia nipponJapanese crested ibis
WaterfowlU.K.
Anas aucklandica nesiotisCampbell Island Flightless teal
Anas laysanensisLaysan duck
Anas oustaletiMarianas Island duck (otherwise known as Marianas Mallard)
Branta canadensis leucopareiaAleutian Canada goose
Branta sandvicensisHawaiian goose (otherwise known as Nene)
Cairina scutulataWhite winged wood duck
Rhodonessa caryophyllaceaPink-headed duck
Diurnal Birds of PreyU.K.
CathartidaeNew world vultures
Pandion haliaetusOsprey
AccipitridaeTrue hawks
Sagittarius serpentariusSecretary bird
FalconidaeFalcons
GamebirdsU.K.
Aburria jacutingaBlack-fronted curassow (otherwise known as Black-fronted guan)
Aburria pipileWhite-headed curassow (otherwise known as Piping guan)
Catreus wallichiiCheer pheasant
Colinus virginianus ridgwayiMasked bobwhite
Crax blumenbachiiRed-billed curassow
Crax mituRazor-billed curassow
Crossoptilon crossoptilonWhite Eared-pheasant
Crossoptilon mantchuricumBrown Eared-pheasant
Lophophorus impejanusHimalayan monal
Lophophorus lhuysiiChinese monal
Lophophorus sclateriSclater’s monal
Lophura edwardsiEdward’s pheasant
Lophura imperialisImperial pheasant
Lophura swinhoeiSwinhoe’s pheasant
Macrocephalon maleoMaleo Fowl
Oreophasis derbianusHorned guan
Penelope albipennisWhite-winged guan
Polyplectron emphanumPalawan peacock pheasant
Syrmaticus elliotiElliot’s pheasant
Syrmaticus humiaeHume’s pheasant (otherwise known as Bar-tailed pheasant)
Syrmaticus mikadoMikado pheasant
Tetraogallus caspiusCaspian snowcock
Tetraogallus tibetanusTibetan snowcock
Tragopan blythiiBlyth’s tragopan
Tragopan cabotiCabot’s tragopan
Tragopan melanocephalusWestern tragopan
Tympanuchus cupido attwateriAttwater’s prairie chicken
Cranes and railsU.K.
Grus americanaWhooping crane
Grus canadensis nesiotesCuban sandhill crane
Grus canadensis pullaMississippi sandhill crane
Grus japonensisManchurian crane (otherwise known as Japanese crane)
Grus leucogeranusSiberian White crane
Grus monachaHooded crane
Grus nigricollisBlack-necked crane
Grus vipioWhite-necked crane (otherwise known as White-naped crane)
Tricholimnas sylvestrisLord Howe wood-rail
Rhynochetos jubatusKagu
Chlamydotis undulataHoubara bustard
Choriotis nigriceps (otherwise known as Ardeotis nigriceps)Great Indian bustard
Eupodotis bengalensisBengal florican
Waders and GullsU.K.
Numenius borealisEskimo curlew
Tringa guttiferSpotted greenshank (otherwise known as Nordmann’s greenshank)
Larus relictusRelict gull
Pigeons and dovesU.K.
Caloenas nicobaricaNicobar pigeon
Ducula mindorensisMindoro imperial pigeon
ParrotsU.K.
Amazona arausiacaRed-necked parrot (otherwise known as Red-necked amazon)
Amazona barbadensisYellow-shouldered parrot (otherwise known as Yellow-shouldered amazon)
Amazona brasiliensisRed-tailed parrot (otherwise known as Red-tailed amazon)
Amazona guildingiiSt. Vincent parrot (otherwise known as St. Vincent amazon)
Amazona imperialisImperial parrot (otherwise known as Imperial amazon)
Amazona leucocephalaCuban parrot (otherwise known as Cuban amazon)
Amazona pretreiRed-spectacled parrot (otherwise known as Red-spectacled amazon)
Amazona rhodocorytha(otherwise known as Amazona dufresniana rhodocorytha)Red-crowned parrot (otherwise known as Red-crowned amazon)
Amazona versicolorSt Lucia parrot (otherwise known as St Lucia amazon)
Amazona vinaceaVinaceous parrot (otherwise known as Vinaceous amazon)
Amazona vittataPuerto Rico parrot (otherwise known as Puerto Rican amazon)
Anodorhynchus glaucusGlaucous macaw
Anodorhynchus leariLear’s macaw
Aratinga guarubaGolden parakeet (otherwise known as Golden conure)
Cyanopsitta spixiiSpix’s macaw
Cyanoramphus auriceps forbesiForbes’ parakeet
Cyanoramphus novaezelandiaeRed-fronted parakeet
Cyclopsitta diophthalma coxeni (otherwise known as Opopsitta diophthalma coxeni)Coxen’s fig parrot
Geopsittacus occidentalisAustralian night parrot
Neophema chrysogasterOrange-bellied parakeet (otherwise known as Orange-bellied parrot)
Pezoporus wallicusGround parrot
Pionopsitta pileataRed-capped parrot (otherwise known as Pileated parrot)
Psephotus chrysopterygiusGolden-shouldered parakeet (otherwise known as Golden-shouldered parrot or Hooded parakeet)
Psephotus pulcherrimusParadise parrot
Psittacula echo (otherwise known as Psittacula krameri echo)Mauritius parakeet (otherwise known as Mauritius ring-necked parakeet)
Psittacus erithacus princepsFernando Po grey parrot
Pyrrhura cruentataBlue-throated conure
Rhynchopsitta pachyrhynchaThick-billed parrot
Rhynchopsitta terrisiMaroon-fronted parrot
Strigops habroptilusKakapo (otherwise known as Owl parrot)
HummingbirdsU.K.
Ramphodon dohrniiHook-billed hermit
TrogonsU.K.
Pharomachrus mocinno costaricensisCosta Rican quetzal (otherwise known as Resplendent quetzal)
Pharomachrus mocinno mocinnoMagnificent quetzal (otherwise known as Resplendent quetzal)
OwlsU.K.
TytonidaeBarn owls
StrigidaeTypical owls
HornbillsU.K.
Buceros bicornis (otherwise known as Buceros homraiGreat pied hornbill
Rhinoplax vigilHelmeted hornbill
WoodpeckersU.K.
Campephilus imperialisImperial woodpecker
Dryocopus javensis richardsiTristram’s woodpecker (otherwise known as White-bellied black woodpecker)
SongbirdsU.K.
Cotinga maculataBanded cotinga
Xipholena atropurpureaWhite-winged cotinga
Pitta kochiKoch’s pitta
Atrichornis clamosaNoisy scrub-bird
Leucopsar rothschildiRothschild’s mynah
Dasyornis brachypterus longirostrisWestern bristlebird
Dasyornis broadbenti littoralisWestern rufous bristlebird
Picathartes gymnocephalusWhite-necked rockfowl (otherwise known as Yellow-headed rockfowl or Guinea bear-headed rockfowl)
Picathartes oreasGrey-necked rockfowl (otherwise known as Cameroon bare-headed rockfowl or Red-headed rockfowl)
Zosterops albogularisWhite-breasted silver-eye
Meliphaga cassidixHelmeted honeyeater
Spinus cucullatus (otherwise known as Carduelis cucullatus)Red siskin

U.K. REPTILES

3U.K.The kinds of reptile specified in the first column below—

CrocodiliansU.K.
Alligator sinensisChinese alligator
Caiman crocodilus apaporiensisRio Apaporis caiman (otherwise known as Spectacled caiman)
Caiman latirostrisBroad-nosed caiman
Melanosuchus nigerBlack caiman
Crocodylus acutusAmerican crocodile
Crocodylus cataphractusAfrican slender-snouted crocodile (otherwise known as African sharp-nosed crocodile)
Crocodylus intermediusOrinoco crocodile
Crocodylus moreletiiMorelet’s crocodile
Crocodylus niloticusNile crocodile
Crocodylus novaeguineae mindorensisPhilippine crocodile
Crocodylus palustrisMugger (otherwise known as Marsh crocodile or Broad-snouted crocodile)
Crocodylus porosusEstuarine crocodile (otherwise known as Salt-water crocodile)
Crocodylus rhombiferCuban crocodile
Crocodylus siamensisSiamese crocodile
Osteolaemus tetraspisWest African dwarf crocodile
Tomistoma schlegeliiFalse gharial (otherwise known as False gavial)
Gavialis gangeticusIndian gharial (otherwise known as Indian gavial)
IguanasU.K.
BrachylophusFijian iguanas
CycluraCaribbean rock iguanas
Sauromalus variusSan Esteban Island chuck-walla
LizardsU.K.
Varanus bengalensisBengal monitor (otherwise known as Indian monitor or Common monitor)
Varanus flavescensYellow monitor
Varanus griseusDesert monitor (otherwise known as Agra monitor or Grey monitor)
Varanus komodoensisKomodo dragon
SnakesU.K.
AcrantophisMadagascar boas
BolyeriaRound island boas
CasareaRound island boas
Epicrates inornatusYellow tree boa
Epicrates subflavusJamaican boa
Python molurus molurusIndian python (otherwise known as Indian rock python)
Sanzinia madagascariensisMadagascar boa
TuataraU.K.
Sphenodon punctatusTuatara
CheloniansU.K.
Batagur baskaRiver terrapin (otherwise known as Tuntong)
Geoclemys hamiltonii (otherwise known as Damonia hamiltonii)Black pond turtle (otherwise known as Spotted pond turtle)
Melanochelys tricarinata (otherwise known as Geoemyda tricarinata or Nicoria tricarinata)Three-keeled turtle (otherwise known as Three-keeled land tortoise)
Kachuga tecta tectaIndian tent turtle (otherwise known as Indian sawback turtle or Roofed turtle or Dura turtle)
Morenia ocellataBurmese swamp turtle
Terrapene coahuilaAquatic box turtle (otherwise known as Water box turtle)
Geochelone elephantopus (otherwise known as Testudo elephantopus)Galapagos giant tortoise
Geochelone radiata (otherwise known as Testudo radiata)Radiated tortoise (otherwise known as Rayed tortoise)
Geochelone yniphora (otherwise known as Testudo yniphora)Madagascar tortoise (otherwise known as Rayed tortoise or Angonoka)
Gopherus flavomarginatus (otherwise known as Crophemus polyphemus flavomarginatus)Mexican gopher tortoise
Psammobates geometricus (otherwise known as Testudo geometricus)Geometric tortoise
CheloniidaeSea turtles
Dermochelys coriaceaLeatherback turtle (otherwise known as Leathery turtle or Luth)
Lissemys punctata punctataIndian flap-shelled turtle
Trionyx aterCuatro Cienegas soft-shell turtle (otherwise known as Black soft-shelled turtle)
Trionyx gangeticusGanges soft-shelled turtle (otherwise known as Indian soft-shelled turtle)
Trionyx hurumPeacock-marked soft-shelled turtle
Trionyx nigricansDark-coloured soft-shelled turtle
Pseudemydura umbrinaShort-necked turtle (otherwise known as Western swamp turtle)

U.K. AMPHIBIANS

The kinds of amphibian specified in the first column below—

Andrias davidianus (otherwise known as Megalo batrachus davidianus)Chinese giant salamander
Andrias japonicus (otherwise known as Megalobatrachus japonicus)Japanese giant salamander
Atelopus varius zetekiGolden frog (otherwise known as Zetek’s frog)
Bufo periglenesGolden toad (otherwise known as Orange toad)
Bufo superciliarisCameroon toad
NectophrynoidesViviparous toads

U.K. FISH

5U.K.The kinds of fish specified in the first column below—

KindCommon name
Acipenser brevirostrumShortnose sturgeon
Scleropages formosusAsiatic bonytongue
Coregonus alpenaeLongjaw cisco
Chasmistes cujusCui-ui
Probarbus jullienilkan temolek
Pangasianodon gigasGiant catfish
Stizostedion vitreum glaucumBlue walleye
Cynoscion macdonaldiDrum fish

U.K. MOLLUSCS

6U.K.The kinds of mollusc specified below—

Conradilla caelata

Dromus dromas

Epioblasma florentina curtisi (otherwise known as Dysnomia florentina curtisi)

Epioblasma florentina florentina (otherwise known as Dysnomia florentina florentina)

Epioblasma sampsoni (otherwise known as Dysnomia sampsoni)

Epioblasma sulcata perobliqua (otherwise known as Dysnomia sulcata perobliqua)

Epioblasma torulosa gubernaculum (Otherwise known as Dysnomia torulosa gubernaculum)

Epioblasma torulosa torulosa (otherwise known as Dysnomia torulosa torulosa)

Epioblasma turgidula (otherwise known as Dysnomia turgidula)

Epioblasma walkeri (otherwise known as Dysnomia walkeri)

Fusconaia cuneolus

Fusconaia edgariana

Lampsilis higginsi

Lampsilis orbiculata orbiculata

Lampsilis satura

Lampsilis verescens

Plethobasus cicatricosus

Plethobasus cooperianus

Pleurobema plenum

Potamilus capax (otherwise known as Proptera capax)

Quadrula intermedia

Quadrula sparsa

Toxolasma cylindrella (otherwise known as Carunculina cylindrella)

Unio nickliniana (otherwise known as Megalonaias nickliniana)

Unio tampicoensis tecomatensis (otherwise known as Lampsilis tampicoensis tecomatensis)

Villosa trabalis (otherwise known as Micromya trabalis)

NOTE. The second column of this Schedule gives a common name or names, where available, and is included by way of guidance only ; in the event of any dispute or proceedings, only the first column is to be taken into account.

Part IIIU.K.

U.K. Schedule inserted as Schedule 5

SCHEDULE 5U.K.

U.K. Plants the sale etc. of which is restricted

This Schedule applies to the kinds of plant specified in the second column below—

FamilyKind
ApocynaceaePachypodium namaquanum
AraceaeAlocasia sanderana
CactaceaeAriocarpus agavoides
Ariocarpus scapharostrus
Aztekium ritteri
Echinocereus lindsayi
Obregonia denegrii
Pelecyphora aselliformis
Pelecyphora strobiliformis
CaryocaraceaeCaryocar costaricense
CaryophyllaceaeGymnocarpus przewalskii
Melandrium mongolicus
Silene mongolica
Stellaria pulvinata
CupressaceaeFitzroya cupressoides
Pilgerodendron uviferum
CycadaceaeMirocycas calocoma
GentianaceaePrepusa hookeriana
HumiriaceaeVantanea barbourii
JuglandaceaeEngelhardtia pterocarpa
LeguminosaeAmmopiptanthus mongolicum
Cynometra hemitomophylla
Platymiscium pleiostachyum
Tachigalia versicolor
LiliaceaeAloe albida
Aloe pillansii
Aloe polyphylla
Aloe thorncropftii
Aloe vossii
MelastomataceaeLavoisiera itambana
MeliaceaeGuarea longipetiola
MoraceaeBatocarpus costaricensis
NepenthaceaeNepenthes rajah
OrchidaceaeCattleya skinneri
Cattleya trianae
Didiciea cunninghamii
Laelia jongheana
Laelia lobata
Lycaste virginalis var alba
Peristeria elata
Renanthera imschootiana
Vanda coerulea
PinaceaeAbies guatemalensis
Abies nebrodensis
PodocarpaceaePodocarpus costalis
Podocarpus parlatorei
ProteaceaeOrothamnus zeyheri
Protea odorata
RubiaceaeBalmea stormae
SarraceniaceaeSarracenia alabamensis alabamensis
Sarracenia jonesii
Sarracenia oreophila
Saxifragaceae (otherwise known as Grossulariaceae)Ribes sardoum
StangeriaceaeStangeria eriopus
UlmaceaeCeltis aetnensis
WelwitschiaceaeWelwitschia bainesii
ZamiaceaeEncephalartos
ZingiberaceaeHedychium philippinense

[F600SCHEDULE 10AE+W Delegation of Appellate Functions

Textual Amendments

F600 Sch. 10A inserted (30.1.2001) by 2000 c. 37 , ss. 75(1) , 103(2) , Sch. 9 para. 7

InterpretationE+W

1E+WIn this Schedule—

  • appointed person ” means a person appointed under section 28F(8) or 28L(10); and

  • appointment ”, in the case of any appointed person, means appointment under either of those provisions.

AppointmentsE+W

2E+WAn appointment under section 28F(8) or 28L(10) must be in writing and—

(a)may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified;

(b)may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and

(c)may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal or matter which has not been determined by the appointed person before that time.

Powers of appointed personE+W

3E+WSubject to the provisions of this Schedule, an appointed person shall, in relation to any appeal or matter to which his appointment relates, have the same powers and duties as the Secretary of State, other than—

(a)any function of making regulations;

(b)any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or

(c)any function of appointing a person for the purpose—

(i)of enabling persons to appear before and be heard by the person so appointed, or

(ii)of referring any question or matter to that person.

Holding of local inquiries and other hearings by appointed personsE+W

4(1)If either of the parties to an appeal or matter expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.E+W

(2)Whether or not a party to an appeal or matter has asked for an opportunity to appear and be heard, the appointed person—

(a)may hold a local inquiry or other hearing in connection with the appeal or matter, and

(b)shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal or matter.

(3)Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter.

(4)Subject to section 28F(10) or 28L(12), the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.

Revocation of appointments and making of new appointmentsE+W

5(1)Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal or matter, the Secretary of State shall, unless he proposes to determine the appeal or matter himself, appoint another person under section 28F(8) or 28L(10) to determine the appeal or matter instead.E+W

(2)Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh.

(3)Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Certain acts and omissions of appointed persons to be treated as those of the Secretary of StateE+W

6(1)Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State.E+W

(2)Sub-paragraph (1) shall not apply—

(a)for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or

(b)for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.]

Sections 29 and 34.

SCHEDULE 11E+W+S Procedure in Connection with Certain Orders under Part II

Coming into operationE+W+S

F601 1 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F601 Sch. 11 (paras. 1-8) 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 para. 11 ); S.S.I. 2004/495 , art. 2

Publicity for ordersE+W+S

F602 2 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F602 Sch. 11 (paras. 1-8) 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 para. 11 ); S.S.I. 2004/495 , art. 2

Unopposed ordersE+W+S

F603 3 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F603 Sch. 11 (paras. 1-8) 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 para. 11 ); S.S.I. 2004/495 , art. 2

Opposed ordersE+W+S

F604 4 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F604 Sch. 11 (paras. 1-8) 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 para. 11 ); S.S.I. 2004/495 , art. 2

Restriction on power to amend orders or confirm them with modificationsE+W+S

F605 5 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F605 Sch. 11 (paras. 1-8) 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 para. 11 ); S.S.I. 2004/495 , art. 2

Notice of final decision on ordersE+W+S

F606 6 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F606 Sch. 11 (paras. 1-8) 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 para. 11 ); S.S.I. 2004/495 , art. 2

Proceedings for questioning validity of ordersE+W+S

F607 7 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F607 Sch. 11 (paras. 1-8) 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 para. 11 ); S.S.I. 2004/495 , art. 2

InterpretationE+W+S

F608 8 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F608 Sch. 11 (paras. 1-8) 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 para. 11 ); S.S.I. 2004/495 , art. 2

Section 36.

F609 SCHEDULE 12E+W+S Procedure in Connection With Orders Under Section 36

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

Textual Amendments

F609Sch. 12 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)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(b)(c); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)

F610 SCHEDULE 13 E+W

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

Section 53.

SCHEDULE 14E+W+S Applications for Certain Orders Under Part III

Form of applicationsE+W+S

1E+W+SAn application shall be made in the prescribed form and shall be accompanied by—

(a)a map drawn to the prescribed scale and showing the way or ways to which the application relates; and

(b)copies of any documentary evidence (including statements of witnesses) which the applicant wishes to adduce in support of the application.

Notice of applicationsE+W+S

2(1)Subject to sub-paragraph (2), the applicant shall serve a notice stating that the application has been made on every owner and occupier of any land to which the application relates.E+W+S

(2)If, after reasonable inquiry has been made, the authority are satsified that it is not practicable to ascertain the name or address of an owner or occupier of any land to which the application relates, the authority may direct that the notice required to be served on him by sub-paragraph (1) may be served by addressing it to him by the description “owner” or “occupier” of the land (describing it) and by affixing it to some conspicuous object or objects on the land.

(3)When the requirements of this paragraph have been complied with, the applicant shall certify that fact to the authority.

(4)Every notice or certificate under this paragraph shall be in the prescribed form.

Determination by authorityE+W+S

3(1)As soon as reasonably practicable after receiving a certificate under paragraph 2(3), the authority shall—E+W+S

(a)investigate the matters stated in the application; and

(b)after consulting with every local authority whose area includes the land to which the application relates, decide whether to make or not to make the order to which the application relates.

(2)If the authority have not determined the application within twelve months of their receiving a certificate under paragraph 2(3), then, on the applicant making representations to the Secretary of State, the Secretary of State may, after consulting with the authority, direct the authority to determine the application before the expiration of such period as may be specified in the direction.

(3)As soon as practicable after determining the application, the authority shall give notice of their decision by serving a copy of it on the applicant and any person on whom notice of the application was required to be served under paragraph 2(1).

Appeal against a decision not to make an orderE+W+S

4(1)Where the authority decide not to make an order, the applicant may, at any time within 28 days after service on him of notice of the decision, serve notice of appeal against that decision on the Secretary of State and the authority.E+W+S

(2)If on considering the appeal the Secretary of State considers that an order should be made, he shall give to the authority such directions as appear to him necessary for the purpose [F611(which may include a direction as to the time within which an order is to be made)].

Textual Amendments

F611 Words in Sch. 14 para. 4(2) inserted (E.W.) (13.2.2004 for E. and 31.5.2005 for W.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 10 ; S.I. 2004/292 , art. 2 ; S.I. 2005/1314 , art. 2(a)

InterpretationE+W+S

5(1)In this Schedule—E+W+S

  • application ” means an application under section 53(5);

  • local authority ” means [F612 a non-metroplitan district council ] , a parish F613 . . . council or the parish meeting of a parish not having a separate parish council [F614 but, in relation to Wales, means a community council ] ;

  • prescribed ” means prescribed by regulations made by the Secretary of State.

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

Textual Amendments

F613 Words in Sch. 14 para. 5(1) repealed (1.4.1996) by 1994 c. 19 , s. 66(6)(8) , Sch. 16 para. 65(11) , Sch. 18 (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2

F614 Words in Sch. 14 para. 5(1) added (1.4.1996) by 1994 c. 19 , s. 66(6) , Sch. 16 para. 65(11) (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2

Sections 53 and 54.

SCHEDULE 15E+W+S Procedure in Connection with Certain Orders Under Part III

ConsultationE+W+S

1E+W+SBefore making an order, the authority shall consult with every local authority whose area includes the land to which the order relates.

Coming into operationE+W+S

2E+W+SAn order shall not take effect until confirmed either by the authority or the Secretary of State under paragraph 6 or by the Secretary of State under paragraph 7.

Publicity for ordersE+W+S

3(1)On making an order, the authority shall give notice in the prescribed form—E+W+S

(a)describing the general effect of the order and stating that it has been made and requires confirmation;

(b)naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and

(c)specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order [F615, which must include particulars of the grounds relied on,] may be made.

(2)Subject to sub-paragraph (4), the notice to be given under sub-paragraph (1) shall be given—

(a)by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated;

(b)by serving a like notice on—

(i)every owner and occupier of any of that land;

(ii)every local authority whose area includes any of that land;

(iii)every person on whom notice is required to be served in pursuance of sub-paragraph (3); and

(iv)such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and

(c)by causing a copy of the notice to be displayed in a prominent position—

(i)at the ends of so much of any way as is affected by the order;

(ii)at council offices in the locality of the land to which the order relates; and

(iii)at such other places as the authority may consider appropriate.

(3) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “ specified ” means specified in the requirement.

(4)The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i); but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

(5)Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (4) shall be complied with not less than 42 days before the expiration of the time specified in the notice.

(6)A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order.

(7)A notice required to be displayed by sub-paragraph (2)(c) at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

(8)At any time after the publication of a notice under this paragraph and before the expiration of the period specified in the notice for the making of representations and objections, any person may require the authority to inform him what documents (if any) were taken into account in preparing the order and—

(a)as respects any such documents in the possession of the authority, to permit him to inspect them and take copies; and

(b)as respects any such documents not in their possession, to give him any information the authority have as to where the documents can be inspected;

and on any requirement being made under this sub-paragraph the authority shall comply therewith within 14 days of the making of the requirement.

(9)Nothing in sub-paragraph [F616(1)(c) or] (8) shall be construed as limiting [F617the grounds which may be relied on or] the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 7 or 8.

Textual Amendments

F615 Words in Sch. 15 para. 3(1)(c) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(2) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

F616 Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(3)(a) ); S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

F617 Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(3)(b) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

Representations or objections made with respect to abandoned surveys or reviewsE+W+S

4(1)This paragraph applies where a survey begun under sections 27 to 32 of the 1949 Act, or a review begun under section 33 of that Act, is abandoned after a draft map and statement have been prepared.E+W+S

(2)If an order modifies the definitive map and statement so as—

(a)to show any particulars shown in the draft map and statement but not in the definitive map and statement; or

(b)to omit any particulars shown in the definitive map and statement but not in the draft map and statement,

any representation or objection duly made with respect to the showing in or omission from the draft map and statement of those particulars shall be treated for the purposes of paragraphs 6 and 7 as a representation or objection duly made with respect to the corresponding modifications made by the order.

Severance of ordersE+W+S

5(1)Where at any time representations or objections duly made and not withdrawn relate to some but not all of the modifications made by an order, the authority may, by notice given to the Secretary of State, elect that, for the purposes of the following provisions of this Schedule, the order shall have effect as two separate orders—E+W+S

(a)the one comprising the modifications to which the representations or objections relate; and

(b)the other comprising the remaining modifications.

(2)Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.

Unopposed ordersE+W+S

6(1)If no representations or objections are duly made, or if any so made are withdrawn, the authority may—E+W+S

(a)confirm the order without modification; or

(b)if they require any modification to be made, submit the order to the Secretary of State for confirmation by him.

(2)Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State may confirm the order with or without modifications.

Opposed ordersE+W+S

7 (1)If any representation or objection duly made is not withdrawn the authority shall submit the order to the Secretary of State for confirmation by him.E+W

(2)Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall [F618, subject to sub-paragraph (2A),] either—

(a)cause a local inquiry to be held; or

(b)afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

[F619(2A)The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications.]

(3)On considering any representations or objections duly made and the report of [F620any person appointed to hold an inquiry] or hear representations or objections, the Secretary of State may confirm the order with or without modifications.

Extent Information

E30This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F618 Words in Sch. 15 para. 7(2) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(4) ; S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)

F619 Sch. 15 para. 7(2A) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(5) ; S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)

F620 Words in Sch. 15 para. 7(3) substituted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(6) : S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)

Restriction on power to confirm orders with modificationsE+W+S

8 (1)The Secretary of State shall not confirm an order with modifications so as—E+W

(a)to affect land not affected by the order;

(b)not to show any way shown in the order or to show any way not so shown; or

(c)to show as a highway of one description a way which is shown in the order as a highway of another description,

except after complying with the requirements of sub-paragraph (2).

(2)The said requirements are that the Secretary of State shall—

(a)give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal [F621, which must include particulars of the grounds relied on,] may be made;

[F622(b)if any representation or objection duly made is not withdrawn (but subject to sub-paragraph (3)), hold a local inquiry or afford any person by whom any such representation or objection has been made an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

(c)consider the report of any person appointed to hold an inquiry or to hear representations or objections.

(3)The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his proposal.

(4)Sub-paragraph (2)(a) shall not be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under this paragraph.]

Extent Information

E31This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F621 Words in Sch. 15 para. 8(2)(a) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(7)(a) ; S.I. 2002/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

F622 Sch. 15 para. 8(2)(b)(c)(3)(4) substituted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) for Sch. 15 para. 8(2)(b)(c) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(7)(b) : S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

Local inquiriesE+W+S

F623 9 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F623 Sch. 15 para. 9 omitted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by virtue of 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(8) and repealed (6.12.2006 for W. and otherwise prosp.) by 2000 c. 37 , ss. 102 , 103(3) , Sch. 16 Pt. II ; S.I. 2004/292 , art. 2(d)(iii) (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii) ; S.I. 2006/3257 , art. 2

Appointment of inspectors etc. E+W+S

10(1)A decision of the Secretary of State under paragraph 6, 7 or 8 shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.E+W+S

(2)The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3)Where the Secretary of State has appointed a person to make a decision under paragraph 6, 7 or 8 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4)Where by virtue of sub-paragraph (2) or (3) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

(5)Regulations under this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

[F624 Hearings and local inquiries]E+W

Textual Amendments

F624 Sch. 15 para. 10A and cross-heading inserted (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(8) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I 2005/1314, {art.2(a)}; S.I. 2005/2459 , art. 2(2)(b)(iii)

[F62510A(1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the M45 Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to any hearing or local inquiry held under paragraph 7 or 8 [F626in England] as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section. E+W

(2)In its application to a hearing or inquiry held under paragraph 7 or 8 by a person appointed under paragraph 10(1), subsection (5) of that section shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.

(3) Section 322A of the M46 Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) shall apply in relation to a hearing or local inquiry under paragraph 7 or 8 [F627in England] as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.

[F628(4)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under paragraph 7 or 8 in Wales as it applies in relation to a hearing or inquiry mentioned in that section.]]

Textual Amendments

F625 Sch. 15 para. 10A and cross-heading inserted (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(8) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I 2005/1314, {art.2(a)}; S.I. 2005/2459 , art. 2(2)(b)(iii)

F626Words in Sch. 15 para. 10A(1) 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. 7(a); S.I. 2016/52, art. 4(a) (with art. 17)

F627Words in Sch. 15 para. 10A(3) 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. 7(b); S.I. 2016/52, art. 4(a) (with art. 17)

F628Sch. 15 para. 10A(4) 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. 7(c); S.I. 2016/52, art. 4(a) (with art. 17)

Marginal Citations

Notice of final decisions on ordersE+W+S

11(1)As soon as practicable after a decision to confirm an order is made or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice—E+W+S

(a)describing the general effect of the order as confirmed and stating that it has been confirmed (with or without modification) and the date on which it took effect; and

(b)naming a place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours.

(2)A notice under sub-paragraph (1) shall be given—

(a)by publication in the manner required by paragraph 3(2)(a);

(b)by serving a like notice on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4); and

(c)by causing like notices to be displayed in the like manner as the notices required to be displayed under paragraph 3(2)(c).

(3)A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as confirmed as relates to that land or, as the case may be, the area of that authority; and, in the case of an order which has been confirmed with modifications, a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order as confirmed.

(4)As soon as practicable after a decision not to confirm an order or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4).

Proceedings for questioning validity of ordersE+W+S

12(1)If any person is aggrieved by an order which has taken effect and desires to question its validity on the ground that it is not within the powers of section 53 or 54 or that any of the requirements of this Schedule have not been complied with in relation to it, he may within 42 days from the date of publication of the notice under paragraph 11 make an application to the High Court under this paragraph.E+W+S

(2)On any such application the High Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant.

(3)Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatsoever.

SupplementalE+W+S

13(1)The Secretary of State may, subject to the provisions of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders as appears to him to be expedient.E+W+S

(2)In this Schedule—

  • council offices ” means offices or buildings acquired or provided by the authority or by a local authority;

  • local authority ” means [F629 a non-metropolitan district council ] , a parish F630 . . . council or the parish meeting of a parish not having a separate parish council [F631 but, in relation to Wales, means a community council ] ;

  • order ” means an order to which the provisions of this Schedule apply;

  • prescribed ” means prescribed by regulations made by the Secretary of State.

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

Textual Amendments

F630 Words in Sch. 15 para. 13(2) repealed (1.4.1996) by 1994 c. 19 , s. 66(6)(8) , Sch. 16 para. 65(12) , Sch. 18 (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2

F631 Words in Sch. 15 para. 13(2) added (1.4.1996) by 1994 c. 19 , s. 66(6) , Sch. 16 para. 65(12) (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2

Section 63.

X13 SCHEDULE 16E+W+S Orders Creating, Extinguishing or Diverting Footpaths or Bridleways

Editorial Information

X13The text of Sch. 16 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.

F632 1 —4.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Highways Act 1980E+W+S

5(1)In subsection (1) of section 119 of the Highways Act 1980 (diversion of footpaths and bridleways) for the words from the beginning to “or on to land” there shall be substituted the words “Where it appears to a council as respects a footpath or bridleway in their area (other than one that is a trunk road or a special road) that, in the interests of the owner, lessee or occupier of land crossed by the path or way or of the public, it is expedient that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or”.E+W+S

(2)In subsection (5) of that section for the words “the council may require the owner, lessee or occupier on whose representations they are acting” there sball be substituted the words “on the representations of an owner, lessee or occupier of land crossed by the path or way, the council may require him”.

6(1)In sub-paragraphs (1)(b) and 2(b) of paragraph I of Schedule 6 to that Act (procedure as to certain orders relating to footpaths and bridleways) after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge”.E+W+S

(2)For sub-paragraph (3) of that paragraph there shall be substituted the following sub-paragraph—

(3)The notices to be given under sub-paragraph (1) or (2) above shall be given—

(a)by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated ;

(b)by serving a like notice on—

(i)every owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977) of any of that land ;

(ii)every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land ;

(iii)every person on whom notice is required to be served in pursuance of sub-paragraph (3A) or (3B) below ; and

(iv)such other persons as may be prescribed in relation to the area in which that land is situated or as the authority or, as the case may be, the Secretary of State may consider appropriate ; and

(c)by causing a copy of the notice to be displayed in a prominent position—

(i)at the ends of so much of any footpath or bridleway as is created, stopped up or diverted by the order ;

(ii)at council offices in the locality of the land to which the order relates ; and

(iii)at such other places as the authority or, as the case may be, the Secretary of State may consider appropriate.

(3)After that sub-paragraph there shall be inserted the following sub-paragraphs—

(3A) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such public path creation orders, public path extinguishment orders and public path diversion orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “ specified ” means specified in the requirement.

(3B) Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders and draft public path diversion orders as are prepared bv the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “ specified ” means specified in the requirement.

(3C)The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub- paragraph (3)(b)(i) above ; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

(4)After sub-paragraph (4) of that paragraph there shall be inserted the following sub-paragraphs—

(4A)Sub-paragraph (3)(b) and (c) and, where applicable, sub-paragraphs (3C) and (4) above shall be complied with not less than 28 days before the expiration of the time specified in the notice.

(4B)A notice required to be served by sub-paragraph (3)(b)(i), (ii) or (iv) above shall be accompanied by a copy of the order.

(4C)A notice required to be displayed by sub-paragraph (3)(c)(i) above at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

(4D)In sub-paragraph (3)(c)(ii) above “council offices” means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.

7E+W+SAfter paragraph 2 of that Schedule there shall be inserted the following paragraph—

2A.(1)A decision of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State shall, except in such classes of case as may for the tim,- being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State ; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.

(2)The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) above and apart from this sub-paragraph, fahs to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3)Where the Secretary of State has appointed a person to make a decision under paragraph 2 above the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4)Where by virtue of sub-paragraph (2) or (3) above a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

(5)Provision may be made by regulations of the Secretary of State for the giving of publicity to any directions given by the Secretary of State under this paragraph.

8(1)In paragraph 4 of that Schedule after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge” and for heads (a) and (b) there shall be substituted the following heads—E+W+S

(a)serve a like notice on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above ; and

(b)cause like notices to be displayed in the like manner as the notices caused to be displayed under paragraph 1(3)(c) above;.

(2)That paragraph as so amended shall be renumbered as paragraph 4(1) of that Schedule and after that provision as so renumbered there shall be inserted the following sub-paragraphs—

(2)A notice required to be served by sub-paragraph (1)(a) above, on—

(a)a person on whom notice was required to be served by paragraph 1(3)(b)(i) or (ii) above , or

(b)in the case of an order which has been confirmed or made with modifications, a person on whom notice was required to be served by paragraph 1(3)(b)(iv) above,

shall be accompanied by a copy of the order as confirmed or made.

(3)As soon as may be after a decision not to confirm an order to which this Schedule applies, the authority by whom the order was made shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above..

9E+W+SAfter that paragraph there shall be inserted the following paragraph—

4A.As soon as may be after an order to which this Schedule applies has come into operation otherwise than—

(a)on the date on which it was confirmed or made by the Secretary of State or confinned as an unopposed order ; or

(b)at the expiration of a specified period beginning with that date,

the authority by whom the order was made or, in the case of an order made by the Secretary of State, the Secretary of State shall give notice of its coming into operation by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.

SupplementalE+W+S

10(1)The amendments made by the foregoing provisions of this Schedule shall not apply in relation to any order if it was made or a draft thereof was prepared, or a notice relating to it was given under paragraph 1 of the relevant Schedule, before the commencement date.E+W+S

(2) Any reference in this paragraph to Schedule 6 to the M47 Highways Act 1980 includes a reference to that Schedule as applied by paragraph 3 of the provisions of Part I of Schedule 3 to the 1968 Act which relate to the M48 Acquisition of Land (Authorisation Procedure) Act 1946.

Marginal Citations

Section 73.

X14SCHEDULE 17U.K. Enactments repealed

Editorial Information

X14The text of Sch. 17 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.

Part IU.K. Enactments repealed one month after the passing of this Act

ChapterShort titleExtent of repeal
12, 13 & 14 Geo. 6. c. 97.The National Parks and Access to the Countryside Act 1949.Section 23.
1968 c. 41.The Countryside Act 1968.Section 14.
In section 15(1) the words “which is not for the time being managed as a nature reserve but”.
1973 c. 37.The Water Act 1973.In section 22(3) the words “not being land for the time being managed as a nature reserve”.
1973 c. 54.The Nature Conservancy Council Act 1973.Section 3.
1973 c. 65.The Local Government (Scotland) Act 1973.In Schedule 27, in Part II, paragraph 101.
1980 c. 66.The Highways Act 1980.In section 134, subsection (3) and in subsection (5) the words “(3) or”.
In section 135(1), the words “6 or” and “6 weeks or”.

Part IIU.K. Enactments repealed on a day to be appointed

ChapterShort titleExtent of repeal
2 & 3 Geo. 5. c. 14The Protection of Animals (Scotland) Act 1912.In section 9 the words “or any snare” and “or snare”.
12, 13 & 14 Geo. 6. c. 97.The National Parks and Access to the Countryside Act 1949.Sections 2 and 4.
Sections 27 to 35.
Section 38.
Section 95.
2 & 3 Eliz. 2. c. 30.The Protection of Birds Act 1954.The whole Act.
1963 c. 33.The London Government Act 1963.In section 60, subsections (1) to (4).
1963 c. 36The Deer Act 1963.In Schedule 2, in paragraph 1 the words “of less guage than 12 bore” and in paragraph 4 the words from “other than” onwards.
1964 c. 59.The Protection of Birds Act 1954 (Amendment) Act 1964.The whole Act.
1967 c. 46.The Protection of Birds Act 1967.The whole Act.
1968 c. 41.The Countryside Act 1968.In section 1, subsection (4) and, in subsection (5), the words “and 2(1)” and the words “and in section 4(1)” onwards.
Section 3.
In Schedule 3, in Part I, the entry relating to the National Parks and Access to the Countryside Act 1949, and Parts II, III and IV.
1970 c. 30.The Conservation of Seals Act 1970.In section 10(1)(c), the word “or” immediately following sub-paragraph (ii).
1971 c. 23.The Courts Act 1971.In Schedule 8, paragraph 31.
In Schedule 9, in Part II, the entry relating to section 31 of the National Parks and Access to the Countryside Act 1949.
1971 c. 78.The Town and Country Planning Act 1971.In Schedule 20, in paragraph 1(2)(a), the words “in the London Gazette and”.
1972 c. 70.The Local Government Act 1972.In Schedule 17, paragraphs 22 to 33.
In Schedule 29, paragraph 37.
1973 c. 37.The Water Act 1973.In Schedule 8, paragraph 67.
1973 c. 54.The Nature Conservancy Council Act 1973.In section 5(3) the words from the beginning to “save as aforesaid”.
1973 c. 57.The Badgers Act 1973.Sections 6 and 7.
Section 8(2)(c).
In section 11, the definitions of “area of special protection” and “authorised person”.
1973 c. 65.The Local Government (Scotland) Act 1973.In Schedule 27, in Part II, paragraphs 115 and 168.
1975 c. 21.The Criminal Procedure (Scotland) Act 1975.In Schedule 7C, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975.
1975 c. 48.The Conservation of Wild Creatures and Wild Plants Act 1975.The whole Act.
1976 c. 16.The Statute Law (Repeals) Act 1976.In Schedule 2, in Part II, the entry relating to the Protection of Birds Act 1967.
1976 c. 72.The Endangered Species (Import and Export) Act 1976.Section 13(6).
1977 c. 45.The Criminal Law Act 1977.In Schedule 6, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975.
1979 c. 2.The Customs and Excise Management Act 1979.In Schedule 4, in paragraph 12, in the Table the entry relating to the Protection of Birds Act 1954.
1980 c. 66.The Highways Act 1980.In section 31(10) the words “or of that subsection” onwards.
Section 340(2)(d).
1981 c. 22.The Animal Health Act 1981.In Schedule 5, paragraph 1.
1981 c. 37.The Zoo Licensing Act 1981.In section 4(5), the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975.

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