http://www.legislation.gov.uk/ukpga/1981/69/england+wales

Wildlife and Countryside Act 1981

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

1982-03-01

text

text/xml

Statute Law Database

2024-04-10

Expert Participation

2024-03-28

Wildlife and Countryside Act 1981

Sch. 7

Wildlife and Natural Environment (Scotland) Act 2011

s. 11(4)(b)

s. 41(1)

s. 43(1)

art. 2(1)(b)

Wildlife and Countryside Act 1981

s. 54A

Countryside and Rights of Way Act 2000

Sch. 5

para. 4

s. 103(3)

Wildlife and Countryside Act 1981

s. 28E

art. 3(1)(a)

art. 6(2)

art. 1

Wildlife and Countryside Act 1981

s. 53(3)(c)

(ia)

Deregulation Act 2015

Sch. 7

para. 2(b)

s. 115(7)

Wildlife and Countryside Act 1981

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

Deregulation Act 2015

Sch. 7

para. 2(a)

s. 115(7)

Wildlife and Countryside Act 1981

s. 53(5)

Deregulation Act 2015

Sch. 7

para. 10(a)

s. 115(7)

Wildlife and Countryside Act 1981

s. 53(6)

Deregulation Act 2015

Sch. 7

para. 10(b)

s. 115(7)

Wildlife and Countryside Act 1981

s. 53B(4A)

(4B)

Deregulation Act 2015

Sch. 7

para. 4

s. 115(7)

Wildlife and Countryside Act 1981

s. 53ZA

Deregulation Act 2015

Sch. 7

para. 3

s. 115(7)

Wildlife and Countryside Act 1981

s. 54B

54C

Deregulation Act 2015

Sch. 7

para. 5

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 13A

Deregulation Act 2015

Sch. 7

para. 6

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 14

para. 5(1)

Deregulation Act 2015

Sch. 7

para. 11(3)

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 14 heading

Deregulation Act 2015

Sch. 7

para. 11(2)

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 14A

Deregulation Act 2015

Sch. 7

para. 7

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 15

para. 13(2)

Deregulation Act 2015

Sch. 7

para. 12(3)

s. 115(7)

Wildlife and Countryside Act 1981

Sch. 15 heading

Deregulation Act 2015

Sch. 7

para. 12(2)

s. 115(7)

Wildlife and Countryside Act 1981

1981 c. 69

[30th October 1981] C1

Annotations:

Modifications etc. (not altering text)

Act 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 I Wildlife

Protection of birds F487and prevention of poaching

Annotations:

Amendments (Textual)

F487

Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)

E11 Protection of wild birds, their nests and eggs.

1

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

this Part and orders made under it,

b

the Protection of Birds Acts 1954 to 1967 F11 and orders made under those Acts,

c

any other legislation which implements F12 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 F13 , or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 F14 , and

d

the provisions of the law of any member State (other than the United Kingdom) implementing F15the Wild Birds Directive.

4

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Subject to the provisions of this Part, if any person intentionally F2or 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 offenceF3. . . .

F166

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 F17 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.

E22 Exceptions to s. 1.

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;

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 F19locality 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.

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.

E55 Prohibition of certain methods of killing or taking wild birds.

1

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

a

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

b

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

c

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

i

any bow or crossbow;

ii

any explosive other than ammunition for a firearm;

iii

any automatic or semi-automatic weapon;

iv

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

v

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

vi

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

vii

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

viii

any chemical wetting agent;

d

uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; F23 . . .

e

uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, F24 ; 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 offenceF25. . . .

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.

F264A

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;

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 F30 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

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8A

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E77 Registration etc. of certain captive birds.

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 F32. . ..

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.

C3F332A

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 F34which 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.

F353A

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 F36ZA1 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 F36ZA1 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;

F37ca

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.

F386

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

F387

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

8 Protection of captive birds.

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 offenceF39. . . .

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 offenceF40. . . .

Protection of other animals F488and prevention of poaching

Annotations:

Amendments (Textual)

F488

Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)

E89 Protection of certain wild animals.

1

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

2

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

3

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

a

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

b

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

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

F414

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.

F424A

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.

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

a

sets in position F624otherwise 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 F625otherwise 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; F45 . . .

F619ba

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;

F626be

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, F46; or

d

3

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

a

sets in position F49or knowingly causes or permits to be set in positionF631, 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) F632(ba), (bb) or (c) or F570(2)(a), (d) or (e), F47and 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 F571subsection (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 F573the relevant Schedule.

F487

In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in F572subsection (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 F574the relevant Schedule.

F6187ZA

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

F5757A

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.

11IF504Sale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully

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.

12YAF506Relaxation of restriction on night shooting of hares and rabbits

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

Protection of plants

E1113 Protection of wild plants.

1

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

a

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

b

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

he shall be guilty of an offence.

2

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

a

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

b

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

he shall be guilty of an offence.

3

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

4

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

Miscellaneous

E12 C4 C5 C3314 Introduction of new species etc.

1

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

a

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

b

is included in Part IF542, 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.

F5814ZA

Subsection (1)(a) does not apply to species included on F589the 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.

F5474A

Schedule 9A contains provision about species control agreements and orders and related matters.

F505

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

F506

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

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.

14ZBF53Codes of practice in connection with F544species which are non-native or included in Schedule 9

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

F55ca

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

cb

for the purpose of conserving flora or fauna;

d

for the purpose of protecting any collection of wild birds;

for the purpose of photography;

f

for the purpose of preserving public health or public safety;

g

for the purpose of preventing the spread of disease; or

h

for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries, F605... F606or

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.

F5863ZZA

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.

F5763ZA

A licence granted under subsection (3) may permit the use F614, otherwise than in Wales, of a trap or snare F615, 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

c

F59sections 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 F60subsections (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

F528c

“Wales” has the meaning given by section 158 of the Government of Wales Act 2006.

18 Attempts to commit offences etc.

1

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

2

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

E30 C718A F133Wildlife inspectors

1

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

a

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

b

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

2

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

3

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

4

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

C8 E3118B F133Group 1 offences and licences: power to enter premises

1

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

a

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

b

for the purpose of—

i

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

ii

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

2

In this Part—

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

3

Nothing in this section confers power to enter a dwelling.

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

7

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

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

1

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

a

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

b

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

c

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

d

for the purpose of—

i

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

ii

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

2

In this Part—

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

3

In subsection (1)—

a

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

6

This section is subject to section 18F.

C1018F Restrictions on taking of samples from live specimens

1

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

2

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

E1419 Enforcement.

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

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F78or has committed an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) F79or arresting a person, in accordance with F80section 24 of Police and Criminal Evidence Act 1984, for such an offence, F81enter any premises other than a dwelling.

F822A

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.

C113

If a justice of the peace is satisfied by information on oath that there are reasonable grounds for F83suspecting 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 F84. . . 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.

F5489

This section does not apply in relation to offences under Schedule 9A.

19XAF134Constables' powers in connection with samples

1

A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred F85by 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).

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19ZB Power to take samples.

F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E1520F88Proceedings for summary offences.

F891

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

2

F90Proceedings 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.

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 F100or 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.

E1722 Power to vary Schedules.

1

The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of F101Schedules 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 F102to 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

F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1043A

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 F545, IA or IB of Schedule 9; and

b

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

F5776

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).

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).

E1824F105Functions of GB conservation bodies

1

The F106GB 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 F10730th 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

F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1091A

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 F110to that advice being given.

F1113

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 F112GB conservation bodies shall include power to advise or assist—

a

any constable;

b

any proper officer of a local authority; or

F113c

any wildlife inspector,

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

25 Functions of local authorities.

1

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

a

the provisions of this Part; and

b

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

2

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

F5463

Nothing in this section applies in relation to Schedule 9A or orders or offences under it.

E1926 Regulations, orders, notices etc.

1

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

2

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

3

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

4

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

F507a

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;

F508b

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.

F5497

In this section references to orders do not include species control orders under Schedule 9A.

E2027 Interpretation of Part I.

1

In this Part, unless the context otherwise requires—

“advertisement” includes a catalogue, a circular and a price list;
“advisory body” has the meaning given by section 23;
“agriculture Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State;
“authorised person” means—
1. a
  the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;
2. b
  any person authorised in writing by the local authority for the area within which the action authorised is taken;
3. c
  as respects anything done in relation to wild birds, any person authorised in writing F114 by—
  1. 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);
  2. ii
    any of the following bodies, that is to say, F115any of the F116GB conservation bodies, F117. . . a district board for a fishery district within the meaning of the M12Salmon Fisheries (Scotland) Act 1862 F484or an inshore fisheries and conservation authorityF118...;
4. d
  F513any person authorised in writing by—
  1. i
    the Environment Agency, in relation to anything done in England;
  2. ii
    the Natural Resources Body for Wales, in relation to anything done in Wales; or
  3. 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;
F119 “inland waters” means—
1. a
  inland waters within the meaning of the Water Resources Act 1991; M14
2. b
  any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea;
3. c
  controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M15 other than ground waters as defined in section 30A(1)(d) of that Act.
F485 “inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;
“livestock” includes any animal which is kept—
1. a
  for the provision of food, wool, skins or fur;
2. b
  for the purpose of its use in the carrying on of any agricultural activity; or
3. c
  for the provision or improvement of shooting or fishing;
“local authority” means—
1. a
  in relation to England F120. . ., a county, district or London borough council F121. . .;
2. aa
  F122in relation to Wales, a county council or county borough council;
3. b
  in relation to Scotland, a F123council 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;
F124 “premises” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;
“sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;
“uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;
“vehicle” includes aircraft, hovercraft and boat;
F125......
“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 F126species which is ordinarily resident in or is a visitor to F590the United Kingdom orF127the 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;
F128 “the Wild Birds Directive” means F557Directive 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.
F129 “wildlife inspector” has the meaning given by F130 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.

F1313A

In this Part “the GB conservation bodies” means—

a

Natural England,

b

F514the 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.

F132 27ZAF135Application of Part 1 to England and Wales

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

Part II Nature Conservation, Countryside and National Parks

X2F224 Sites of special scientific interest and limestone pavements

Annotations:

Editorial Information

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

Amendments (Textual)

F224

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

27A Construction of references to Nature Conservancy Council.

F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27AAF225Application of sections 28 to 34 in Wales

F5951

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 F517the Natural Resources Body for Wales and as if section 28D(2)(d) were omitted.

F5932

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 ~~F596a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004~~F596the 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 ~~F597the strategic planning panel for the strategic planning area~~F597that corporate joint committee .

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).

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.

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

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)” F160, “subsection (1)(b)” and “subsection (1B)” in section 28(2) to (8) were references to subsection (2) F161, 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).

28CAF226Guidance in relation to subtidal notifications of SSSIs

1

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

2

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

a

in relation to England, the Secretary of State;

b

in relation to Wales, the Welsh Ministers.

28CBF227Power to call in subtidal notifications

1

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

2

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

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

3

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

4

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

5

The ministerial authority may direct—

a

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

b

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

c

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

d

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

6

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

7

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

a

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

b

providing written representations to such a person.

8

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

9

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

10

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

11

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

12

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

F16228D Denotification.

1

Where F163Natural England are of the opinion that all or part of a site of special scientific interest

F164a

is F165not of special interest by reason of any of the matters mentioned in section 28(1), F166or

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 F167(if any) in whose area F168the 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

F163Natural England shall also publish a notification of F169the 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, F163Natural 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).

C32 C36 C38 C39 C40 C41F17028E Duties in relation to sites of special scientific interest.

C13 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 F171Natural 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 F172Natural 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 F562, 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 F171Natural England do not consent, they shall give notice saying so to the person who gave the notice under subsection (1).

6

F171Natural 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 F172Natural England's reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8).

8

The matters referred to in subsection (7) are—

a

the rights of appeal under section 28F;

b

the effect of subsection (9); and

c

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

where the decision was a refusal of consent, direct F174Natural 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 F174Natural 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.

F55112

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.

F17528G Statutory undertakers, etc.: general duty.

1

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

C142

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 F176 . . . ; and

f

any other public body of any description.

F1774

“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.

C42F17828H Statutory undertakers, etc.: duty in relation to carrying out operations.

1

A section 28G authority shall give notice to F179Natural 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), F179Natural England may send a notice—

a

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

b

b

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

C15F180 28I Statutory undertakers, etc.: duty in relation to authorising operations.

1

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

2

Before permitting the carrying out of operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, a section 28G authority shall give notice of the proposed operations to F181Natural 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 F181Natural England have notified the authority that it need not wait until then.

5

The authority shall take any advice received from F181Natural 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 F181Natural 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 F181Natural England, the notice to include a statement of how (if at all) the authority has taken account of the Council’s advice, and

b

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

7

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

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

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

9

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

a

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

b

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

10

F184Natural 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

F183Natural 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.

F56313

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

F18528K Management notices.

1

Where it appears to F186Natural 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 F186Natural 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, F186Natural 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.

F18728L Appeals against management notices.

1

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

a

the expiry of the period for appealing against it; or

b

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

2

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

3

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

4

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

a

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

b

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

9

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

10

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

11

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

12

Subsections (2) to (5) of section 250 of the 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.

F55214

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.

F18828M Payments.

1

Where F189Natural 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

F189Natural 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 F189Natural 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.

F19028N Compulsory purchase.

1

F191Natural 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 F191Natural 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 F191Natural 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 F191Natural England have acquired land compulsorily under this section, they may—

subject to subsection (5), the operation in question was authorised by a planning permission granted on an application under Part III of the 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 F193Natural 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.

F1945A

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 F533on summary conviction, or on conviction on indictment, to a fine.

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

8

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

9

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

10

Proceedings in England and Wales for an offence under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than F193Natural England.

11

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

F19828Q Change of owner or occupier.

1

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

a

disposes of any interest of his in the land; or

b

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

2

If this section applies, the owner shall send a notice to F199Natural 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.

F20028R Byelaws.

1

F201Natural 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.

28SF228Notices and signs relating to SSSIs

1

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

2

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

3

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

4

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

29 Special protection for certain areas of special scientific interest.

F202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30 Compensation where order is made under s. 29.

F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E2231F204Restoration following offence under section 28P.

F2051

Where—

a

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

b

b

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

E2332 Duties of agriculture Ministers with respect to areas of special scientific interest.

1

Where an application for F210a farm capital grant is made as respects expenditure incurred or to be incurred for the purpose of activities on F211land included in a site of special scientific interest. . ., the appropriate Minister—

a

shall, so far as may be consistent with the purposes of F212the 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 F213Natural 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 F213Natural 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), F213Natural 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.

F5582A

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.

F2143

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 F486EU instrument in pursuance of which the regulations were made.

F21533 Ministerial guidance as respects areas of special scientific interest.

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

E2434 Limestone pavement orders.

F2161

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

C162

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 F217Natural 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 F532on 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 F218Part III of the Town and Country Planning Act 1990. . . .

6

In this section—

F219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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;
F220 “the relevant authority” means—
1. a
  in relation to a non-metropolitan county F221in England, the county planning authority and, in relation to any other area in England, the local planning authority;
2. aa
  F222in relation to any area in Wales, the local planning authority;
3. b
  F223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F235F320Nature reserves, ... and Ramsar sites

Annotations:

Amendments (Textual)

F235

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

F320

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

34AMeaning of “appropriate conservation body”

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

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 F229the 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, F229the 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 F229the appropriate conservation body for the purposes of this section;
“nature reserve” has the same meaning as in Part III of the 1949 Act.

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).

F23438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Countryside

C1739 Management agreements with owners and occupiers of land.

1

A relevant authority may, for the purpose of conserving or enhancing the natural beauty or amenity of any land which is F237. . . 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—

F238a

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

F239aa

as respects land within the Broads, the Broads Authority;

F240b

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

c

as respects any other land, the local planning authority.

F241d

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

F564e

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

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.

F56540 Experimental schemes.

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

C1841 Duties of agriculture Ministers with respect to the countryside.

F244F2431

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

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

F245a

~~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~~ ~~F246a 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~~ ~~F247(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~~ ~~F248the 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;

F249~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

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—~~

~~F250 “agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970;~~
~~F250 “the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32;~~
~~F251“management agreement” means—~~
1. a
  ~~in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and~~
2. b
  ~~in relation to Wales, an agreement under section 39~~ ~~F566or 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~~ ~~F567and in relation to Wales it also includes the Natural Resources Body for Wales~~.

F2525A

~~For the purposes of this section the Broads shall be treated as a National Park~~ ~~F253(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

F254~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

National Parks

41AF283Application of sections 42 to 45 in Wales

In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to F519the Natural Resources Body for Wales.

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

F2608

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.

C2143 Maps of National Parks showing certain areas of moor or heath.

1

Every F261local 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 F262the relevant date, prepare a map of the Park or the part thereof showing any areas F263to which this section applies whose natural beauty it is, in the opinion of the authority, particularly important to conserve; and

b

F264at 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.

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

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F285

49 Extension of power to appoint wardens.

1

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

a

the public are allowed access to the land; and

b

there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority, F521the Natural Resources Body for Wales or F287Natural 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 (F287Natural EnglandF286or F521the 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 F287Natural EnglandF286or F521the Natural Resources Body for Wales any additional power to appoint wardens.

C22 E2550 Payments under certain agreements offered by authorities.

1

This section applies where—

a

F288Natural England or F515the Natural Resources Body for Wales offer to enter into a nature reserve agreement or an SSSI agreementF559... providing for the making by them of payments F289to 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 F290. . . 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 F290. . . 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—

F291 “farm capital grant” has the same meaning as in section 32;
“management agreement” and “the relevant authority” have the same meanings as in section 41.
F292“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.

E26 C2351 Powers of entry.

1

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

F293a

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 F294a nature reserve agreement or an SSSI agreementF560... 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 F294a nature reserve agreement or an SSSI agreementF561... 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;

F295ka

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.

F2961A

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 F297paragraphs (a) to (ka) of that subsection, F298Natural England or F516the Natural Resources Body for Wales;

b

for the purposes of F299paragraph (l) of that subsection, the Secretary of State or the relevant authority within the meaning of section 34;

c

for the purposes of F299paragraph (m) of that subsection, F300. . . the F301National Park authority.

F3022A

In subsection (1)—

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

b

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

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

51AF319Summary prosecutions

1

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

2

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

3

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

4

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

52 Interpretation of Part II.

1

In this Part, unless the context otherwise requires,—

“agricultural land” does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land;
F318 “estuarial waters” has the meaning given by section 28(9A);
“the Ministers”, in the application of this Part to England, means the Secretary of State and the Minister of Agriculture, Fisheries and Food, and, in the application of this Part to Scotland or Wales, means the Secretary of State.
F307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F309 “notice” and “notification” mean notice or notification in writing;
“site of special scientific interest” means an area of land which has been notified under section 28(1)(b);

C242

F310 In the application of this Part to England (except as respects F311 a National Park for which a National Park authority is the local planning authority, a metropolitan county or Greater London) F312 . . . references to a local planning authority shall be construed—

F313a

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

b

F314 . . . 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 F315and, in sections 28 to 28D, shall also be construed in accordance with section 28(10);.

F3162A

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 ~~F531common land~~F531subject to rights of common (within the meaning of the Commons Act 2006), “occupier” includes ~~F531the 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.~~

F531the 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

F317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Public Rights of Way

6

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

F32953A Power to include modifications in other orders.

1

This section applies to any order—

a

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

b

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

c

which is made by the surveying authority, and

d

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

2

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

3

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

a

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

b

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

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

4

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

5

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

6

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

7

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

a

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

b

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

8

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

9

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

F33053B Register of applications under section 53.

1

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

2

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

3

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

4

Regulations may make provision—

a

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

b

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

i

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

ii

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

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

5

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

6

In this section—

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

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

54 Duty to reclassify roads used as public paths.

F331. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

7

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

8

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

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

shall be a highway maintainable at the public expense.

8

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

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

F3424A

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

F343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57 Supplementary provisions as to definitive maps and statements.

1

An order under the foregoing provisions of this Part shall be in such form as may be prescribed by regulations made by the Secretary of State, and shall contain a map, F344on 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 F345subsection (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 F346, and for the purposes of section 57A(1), as the definitive map and statement for that area.

F3473A

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

4

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

5

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

a

a copy of the map and statement; and

b

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

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

to keep such other documents as may be prescribed by the regulations available for inspection at such times and places and in such manner as may be so prescribed, or

b

to provide to any other surveying authority any document so prescribed which that authority is, by regulations under paragraph (a), required to keep available for inspection.

7

Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the provisions of this Part including, in particular, section 53(5) and subsection (5).

8

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

F35057A Consolidation of definitive maps and statements.

1

Where—

a

different definitive maps and statements relate to different parts of a surveying authority’s area,

b

as respects so much of each definitive map and statement as relates to that area the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, and

c

there is no part of that area to which no definitive map and statement relate,

the authority may, if it appears to them expedient to do so, prepare a map and statement comprising copies of so much of each definitive map and statement as relates to the authority’s area; and where they do so the map and statement so prepared and not, so far as copied, the earlier maps and statements shall be regarded for the purposes of sections 53 to 56 and 57(2) and (3) as the definitive map and statement for the area to which they relate.

2

The power conferred by subsection (1) is not exercisable by a surveying authority if the definitive map and statement relating to any part of the authority’s area is a map and statement in respect of which a review under section 33 of the 1949 Act was begun before the commencement date but has been neither abandoned in pursuance of a direction under section 55(1) nor completed.

3

References in subsection (1) to a definitive map and statement are, in the case of a map and statement modified in accordance with any of the foregoing provisions of this Part, references to the map and statement as modified.

4

The statement prepared under subsection (1) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine.

5

Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the preparation by them of any map and statement under subsection (1).

58 Application of ss. 53 to 57 to inner London.

1

Subject to subsection (2), the foregoing provisions of this Part shall not apply to any area to which this subsection applies; and this subsection applies to any area which, immediately before 1st April 1965, formed part of the administrative county of London.

2

A London borough council may by resolution adopt the said foregoing provisions as respects any part of their area specified in the resolution, being a part to which subsection (1) applies, and those provisions shall thereupon apply accordingly.

3

Where by virtue of a resolution under subsection (2), the said foregoing provisions apply to any area, those provisions shall have effect in relation thereto as if for references to the commencement date there were substituted references to the date on which the resolution comes into operation.

Miscellaneous and supplemental

C2659 Prohibition on keeping bulls on land crossed by public rights of way.

1

If, in a case not falling within subsection (2), the occupier of a field or enclosure crossed by a right of way to which this Part applies F352or 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 F353level 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.

F35460. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F355 X561 Ploughing of public rights of way.

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.

C27 C2862 Appointment of wardens for public rights of way.

A local authority may appoint such number of persons as appears to the authority to be necessary or expedient to act as wardens as respects a footpath, bridleway F356, restricted byway or byway open to all traffic which is both in the countryside and in the area of the authority, and the purpose for which the wardens may be so appointed is to advise and assist the public in connection with the use of the path or way.

63 Orders creating, extinguishing or diverting footpaths and bridleways.

The enactments mentioned in Schedule 16 (which relate to the making and confirmation of certain orders creating, extinguishing or diverting footpaths and bridleways) shall have effect subject to the amendments provided for in that Schedule.

X664 Publication of dedication of footpaths and bridleways.

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.

X765 Signposting of byways open to all traffic.

1

In section 27 of the 1968 Act (signposting of footpaths and bridleways) for the words “or bridleway”, wherever they occur, there shall be substituted the words “bridleway or byway” ; and for the words “and bridleways” in subsection (6) of that section there shall be substituted the words “bridleways and byways”.

2

After subsection (7) of that section there shall be inserted the following subsection—

8
In this section “byway” means a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used.

66 Interpretation of Part III.

1

In this Part—

“bridleway” means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway;
“byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used;
“definitive map and statement” has the meaning given by section 53(1);
“footpath” means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road;
“horse” includes a pony, ass and mule, and “horseback” shall be construed accordingly;
“public path” means a highway being either a footpath or a bridleway;
F357“restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;
“right of way to which this Part applies” means a right of way such that the land over which the right subsists is a public path or a byway open to all traffic;
F358 “surveying authority”, in relation to any area, means the county council, F359county borough council, metropolitan district council, or London borough council whose area includes that area.

2

A highway at the side of a river, canal or other inland navigation shall not be excluded from any definition contained in subsection (1) by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover.

3

The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part.

Part IV Miscellaneous and General

66AF377Application of Part 1 to Crown

1

Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown.

2

No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

3

Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons.

4

But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown.

5

Nothing in this Part affects Her Majesty in her private capacity.

6

Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

C2967F360Application of Parts 2 and 3 to Crown land

1

Subject to the following provisions of this section, Part II, except section 51, and Part III shall apply to Crown land, that is to say, land an interest in which belongs to Her Majesty in the right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for Her Majesty for the purposes of a Government department.

F3611A

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 F362. . . 34 ~~F363. . .~~ or 42 in relation to Crown land unless the appropriate authority has consented to the making of that order.

3

An agreement under section 39 as respects any interest in Crown land, other than an interest held by or on behalf of the Crown, shall not have effect unless approved by the appropriate authority.

4

Section 101(11) of the 1949 Act (Crown land) shall apply for the construction of references in this section to the appropriate authority.

68 Application to the Isles of Scilly.

The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide for the application of the provisions of Part II or III to the Isles of Scilly as if those Isles were a separate county; any any such order may provide for the application of those provisions to those Isles subject to such modifications as may be specified in the order.

69 Offences by bodies corporate etc.

1

Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

2

Where the affairs of a body corporate are managed by its members subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

70 Financial provisions.

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.

C30F36470A Service of notices.

1

Subject to subsection (2), F365section 329 of the M33Town and Country Planning Act 1990 and F366section 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

F367Subsections (2) and (3) of the said section 329 shall not apply to a notice required to be served under paragraph 2 of Schedule 14.

F5102A

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.

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, F522the Natural Resources Body for Wales.

71 General interpretation.

F3681

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;
F369 “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
“the commencement date”, in relation to any provision of this Act and any area, means the date of the coming into force of that provision in that area;
“London borough council” includes the Common Council of the City of London;
“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;
F370.

F3712

For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae.

72 Minor amendments.

F3721

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

X82

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”.

X83

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”.

X84

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”.

X85

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”.

X86

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”.

X87

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”.

X88

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.

X89

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”.

F37310

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

X811

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.

X813

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”.

X814

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”.

73 Repeals and savings.

X91

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.

F3744

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

74 Short title commencement and extent.

1

This Act may be cited as the Wildlife and Countryside Act 1981.

2

The following provisions of this Act, namely—

Part II, except sections 29 to 32, 41 and 46 to 48 and Schedule 13;
sections 59 to 62 and 65 and 66; and
Part IV, except section 72(4), (6) and (14) and section 73(1) so far as relating to Part II of Schedule 17,

shall come into force on the expiration of the period of one month beginning with the passing of this Act.

C313

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.

F3755A

~~F376Sections 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.

SCHEDULES

F480SCHEDULE ZA1Birds which re-use their nests

Annotations:

Amendments (Textual)

F480

Sch. ZA1 inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , ss. 47 , 107 ; S.I. 2006/1382 , art. 2

Common name	Scientific name
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Osprey	Pandion haliaetus
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 1 Birds which are Protected by Special Penalties

Sections 1, 2, 4, 6, 19 and 22.

Part I At All Times

Annotations:

Amendments (Textual)

F379

Sch. 1 Pt. I : Words inserted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(3)

Common name	Scientific name
Avocet	Recurvirostra avosetta
Bee-eater	Merops apiaster
Bittern	Botaurus stellaris
Bittern, Little	Ixobrychus minutus
Bluethroat	Luscinia svecica
Brambling	Fringilla montifringilla
Bunting, Cirl	Emberiza cirlus
Bunting, Lapland	Calcarius lapponicus
Bunting, Snow	Plectrophenax nivalis
Buzzard, Honey	Pernis apivorus
F379Capercaillie	F379 Tetracurogallus
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
Crake, Spotted	Porzana porzana
Crossbills (all species)	Loxia
Curlew, Stone	Burhinus oedicnemus
Divers (all species)	Gavia
Dotterel	Charadrius morinellus
Duck, Long-tailed	Clangula hyemalis
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Falcon, Gyr	Falco rusticolus
Fieldfare	Turdus pilaris
Firecrest	Regulus ignicapillus
Garganey	Anas querquedula
Godwit, Black-tailed	Limosa limosa
Goshawk	Accipiter gentilis
Grebe, Black-necked	Podiceps nigricollis
Grebe, Slavonian	Podiceps auritus
Greenshank	Tringa nebularia
Gull, Little	Larus minutus
Gull, Mediterranean	Larus melanocephalus
Harriers (all species)	Circus
Heron, Purple	Ardea purpurea
Hobby	Falco subbuteo
Hoopoe	Upupa epops
Kingfisher	Alcedo atthis
Kite, Red	Milvus milvus
Merlin	Falco columbarius
Oriole, Golden	Oriolus oriolus
Osprey	Pandion haliaetus
Owl, Barn	Tyto alba
Owl, Snowy	Nyctea scandiaca
Peregrine	Falco peregrinus
Petrel, Leach’s	Oceanodroma leucorhoa
Phalarope, Red-necked	Phalaropus lobatus
Plover, Kentish	Charadrius alexandrinus
Plover, Little Ringed	Charadrius dubius
Quail, Common	Coturnix coturnix
Redstart, Black	Phoenicurus ochruros
Redwing	Turdus iliacus
Rosefinch, Scarlet	Carpodacus erythrinus
Ruff	Philomachus pugnax
Sandpiper, Green	Tringa ochropus
Sandpiper, Purple	Calidris maritima
Sandpiper, Wood	Tringa glareola
Scaup	Aythya marila
Scoter, Common	Melanitta nigra
Scoter, Velvet	Melanitta fusca
Serin	Serinus serinus
Shorelark	Eremophila alpestris
Shrike, Red-backed	Lanius collurio
Spoonbill	Platalea leucorodia
Stilt, Black-winged	Himantopus himantopus
Stint, Temminck’s	Calidris temminckii
Swan, Bewick’s	Cygnus bewickii
Swan, Whooper	Cygnus cygnus
Tern, Black	Chlidonias niger
Tern, Little	Sterna albifrons
Tern, Roseate	Sterna dougallii
Tit, Bearded	Panurus biarmicus
Tit, Crested	Parus cristatus
Treecreeper, Short-toed	Certhia brachydactyla
Warbler, Cetti’s	Cettia cetti
Warbler, Dartford	Sylvia undata
Warbler, Marsh	Acrocephalus palustris
Warbler, Savi’s	Locustella luscinioides
Whimbrel	Numenius phaeopus
Woodlark	Lullula arborea
Wryneck	Jynx torquilla

Part II During the Close Season

Common name	Scientific name
Goldeneye	Bucephala clangula
Goose, Greylag (in Outer Hebrides, Caithness, Sutherland and Wester Ross only)	Anser anser
Pintail	Anas 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.

SCHEDULE 2 Birds which may be Killed or Taken

Sections 2, 3, and 22.

Part I Outside the Close Season

Annotations:

Amendments (Textual)

F380

Sch. 2 Pt. 1 words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(4)

F584

Words in Sch. 2 Pt. 1 inserted (E.W.) (31.3.2020) by The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (England) Order 2020 (S.I. 2020/245), arts. 1(1), 2(a)

F587

Words in Sch. 2 Pt. 1 omitted (E.W.) (1.4.2020) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (Wales) Order 2020 (S.I. 2020/272), arts. 1, 2(a)

F585

Words in Sch. 2 Pt. 1 inserted (E.W.) (31.3.2020) by The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (England) Order 2020 (S.I. 2020/245), arts. 1(1), 2(b)

F588

Words in Sch. 2 Pt. 1 omitted (E.W.) (1.4.2020) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (Wales) Order 2020 (S.I. 2020/272), arts. 1, 2(b)

F490

Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(a) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)

F491

Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(b) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)

F492

Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(c) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)

Common name	Scientific name
F380Capercaillie	F380Tetrao urogallus
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Gadwall	Anas strepera
Goldeneye	Bucephala clangula
Goose, Canada	Branta canadensis
Goose, Greylag	Anser anser
Goose, Pink-footed	Anser brachyrhynchus
Goose, White-fronted (in England and Wales only) F584, except F587... Greenland White-fronted Goose	Anser albifrons F585except F588... Anser albifrons flavirostris
F490Grouse, Black	Tetrao tetrix
F490Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Moorhen	Gallinula chloropus
F491Partridge, Grey	Perdix perdix
F491Partridge, Red-legged	Alectoris rufa
F492Pheasant, Common	Phasianus colchicus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
F492Ptarmigan	Lagopus mutus
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Part II By Authorised Persons at all Times

Annotations:

Amendments (Textual)

F381

Words in Sch.2 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.2 .

Common name	Scientific name
F381. . .	F381. . .
F381. . .	F381. . .
F381. . .	F381. . .
F381. . .	F381. . .
F381. . .	F381. . .
F381. . .	F381. . .
F381. . .	F381. . .
F381. . .	F381. . .
F381. . .	F381. . .
F381. . .	F381. . .
F381. . .	F381. . .
F381. . .	F381. . .
F381. . .	F381. . .

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 3 Birds which may be Sold

Sections 6 and 22.

Part I Alive at all Times if Ringed and Bred in Captivity

Common name	Scientific name
Blackbird	Turdus merula
Brambling	Fringilla montifringilla
Bullfinch	Pyrrhula pyrrhula
Bunting, Reed	Emberiza schoeniclus
Chaffinch	Fringilla coelebs
Dunnock	Prunella modularis
Goldfinch	Carduelis carduelis
Greenfinch	Carduelis chloris
Jackdaw	Corvus monedula
Jay	Garrulus glandarius
Linnet	Carduelis cannabina
Magpie	Pica pica
Owl, Barn	Tyto alba
Redpoll	Carduelis flammea
Siskin	Carduelis spinus
Starling	Sturnus vulgaris
Thrush, Song	Turdus philomelos
Twite	Carduelis flavirostris
Yellowhammer	Emberiza citrinella

Part II Dead at all Times

Annotations:

Amendments (Textual)

F382

Words in Sch. 3 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.3 .

Common name	Scientific name
F382. . .	F382. . .
Woodpigeon	Columba palumbus

Part III Dead from 1st September to 28th February

Annotations:

Amendments (Textual)

F383

Sch. 3 Pt. III : Words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(5)

F493

Entries in Sch. 3 Pt. III repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 5(4)(c) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(c)

Common name	Scientific name
F383 Capercaillie	F383Tetrao urogallus
~~F493Coot~~	~~F493Fulica atra~~
~~F493Duck, Tufted~~	~~F493Aythya fuligula~~
~~F493Mallard~~	~~F493Anas platyrhynchos~~
~~F493Pintail~~	~~F493Anas acuta~~
~~F493Plover, Golden~~	~~F493Pluvialis apricaria~~
~~F493Pochard~~	~~F493Aythya ferina~~
~~F493Shoveler~~	~~F493Anas clypeata~~
~~F493Snipe, Common~~	~~F493Gallinago gallinago~~
~~F493Teal~~	~~F493Anas crecca~~
~~F493Wigeon~~	~~F493Anas penelope~~
~~F493Woodcock~~	~~F493Scolopax rusticola~~

SCHEDULE 4 Birds Which Must Be Registered and Ringed if Kept in Captivity

Sections 7 and 22.

Annotations:

Amendments (Textual)

F384

Entries in Sch. 4 removed (24.5.1994) by S.I. 1994/1151 , art. 2

F385

Sch. 4 : entries 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 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 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)

F386

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)

F387

Sch. 4 : words 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(3) ; and those same words 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(3) ; and those same words 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(2)

Common name	Scientific name
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F385. . .	F385. . .
F385. . .	F385. . .
F385. . .	F385. . .
F385. . .	F385. . .
F384. . .	F384. . .
F384. . .	F384. . .
F385. . .	F385. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F386Falcons (all species)	F386Falconidae
F385. . .	F385. . .
F385. . .	F385. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F386Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case)	F386Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps)
F384. . .	F384. . .
F384. . .	F384. . .
F385. . .	F385. . .
Osprey	Pandion haliaetus
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F385. . .	F385. . .
F385. . .	F385. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F385. . .	F385. . .
F385. . .	F385. . .
F385. . .	F385. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F384. . .	F384. . .
F385. . .	F385. . .
F385. . .	F385. . .
F384. . .	F384. . .
F385. . .	F385. . .
F385. . .	F385. . .
F385. . .	F385. . .
F385. . .	F385. . .
F384. . .	F384. . .
F385. . .	F385. . .
F385. . .	F385. . .
F387. . .

E27 F400SCHEDULE 5 Animals which are Protected

Sections 9, 10, 22 and 24.

Annotations:

Extent Information

E27

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

Amendments (Textual)

F400

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)

F388

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

F389

By virtue of S.I. 1998/878 , art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F390

Entry added as provided by S.I. 1988/288 , art. 2(1)

F401

Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(b)

F402

Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(c)

F391

Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350 , art. 2(1)

F392

Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878 , art. 2(1)

F393

Entry removed from Schedule as provided by S.I. 1988/288 , art. 2(5)

F394

Entry added (in respect of s. 9(5) only) by S.I. 1989/906 , art. 2

F395

Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350 , art. 2(2)

F403

Sch. 5 : words in entries inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(a)

F396

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)

F404

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)

F405

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)

F494

Entries in Sch. 5 inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(2) , Sch. 1

F495

Entries in Sch. 5 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(3) , Sch. 2

F496

Words in Sch. 5 entry inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(4)

F397

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

F406

Sch. 5 : words inserted (E.W.) (1.10.2008) by The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2008 (S.I. 2008/2127) , reg. 4

F398

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)

F399

By virtue of S.I. 1998/878 , art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

F407

Sch. 5 : words in entry substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(d)

F408

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)}

F409

Sch. 5 : entries inserted (E.W.) (6.4.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008 (S.I. 2008/431) , art. 2 , Sch.

F410

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)

F411

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)

F497

Words in Sch. 5 entry substituted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(5)

F498

Words in Sch. 5 entry substituted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(6)

F499

Words in Sch. 5 entry inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(7)

F412

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)

F413

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)}

F414

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)}

F415

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)}

F416

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)}

F417

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)}

F418

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)}

F419

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)}

F420

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)

F421

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)

F422

Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(f)

F423

Sch. 5 : Note 2 inserted (E.W.) (6.4.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008 (S.I. 2008/431) , art. 2(c)

F500

Sch. 5 Note 2 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(8)

Common name	Scientific name
F388Adder (in respect of section 9(5) only)	F388Vipera berus
F389Allis Shad (in respect of section 9(1) and (4)(a) only)	F389Alosa alosa
F390Anemone, Ivell’s Sea	F390Edwardsia ivelli
F390Anemone, Startlet Sea	F390Nematosella vectensis
F390Apus	F390Triops cancriformis
Bats, Horseshoe (all species F401but in respect of section 9(4)(b) and (c) and (5) only)	Rhinolophidae
Bats, Typical (all species F402but in respect of section 9(4)(b) and (c) and (5) only)	Vespertilionidae
F391Beetle	F391Graphoderus zonatus
F391Beetle	F391Hypebaeus flavipes
F391Beetle	F391Paracymus aeneus
F391Beetle, Lesser Silver Water	F391Hydrochara caraboides
F391Beetle, Mire Pill (in respect of section 9(4)(a) only)	F391Curimopsis nigrita
Beetle, Rainbow Leaf	Chrysolina cerealis
F392Beetle, Stag (in respect of section 9(5) only)	F392Lucanus cervus
F390Beetle, Violet Click	F390Limoniscus violaceus
Burbot	Lota lota
. . . F393	. . . F393
F394Butterfly, Northern Brown Argus	F394Aricia artaxerxes
F394Butterfly, Adonis Blue	F394Lysandra bellargus
F394Butterfly, Chalkhill Blue	F394Lysandra coridon
F394Butterfly, Silver-studded Blue	F394Plebejus argus
F394Butterfly, Small Blue	F394Cupido minimus
F389Butterfly, Large Copper	F389Lycaena dispar
F394Butterfly, Purple Emperor	F394Apatura iris
F394Butterfly, Duke of Burgandy Fritillary	F394Hamearis lucina
F394Butterfly, Glanville Fritillary	F394Melitaea cinxia
Butterfly, Heath Fritillary	Mellicta athalia (otherwise known as Melitaea athalia)
F395Butterfly, High Brown Fritillary	F395Argynnis adippe
F389Butterfly, Marsh Fritillary	F389Eurodryas aurinia
F394Butterfly, Pearl-bordered Fritillary	F394Boloria euphrosyne
F394Butterfly, Black Hairstreak	F394Strymonidia pruni
F394Butterfly, Brown Hairstreak	F394Thecla betulae
F394Butterfly, White Letter Hairstreak	F394Stymonida w-album
F394Butterfly, Large Heath	F394Coenonympha tullia
Butterfly, Large BlueF403 (in respect of section 9(4)(b) and (c) and (5) only)	Maculinea arion
F394Butterfly, Mountain Ringlet	F394Erebia epiphron
. . . F393	. . . F393
F394Butterfly, Chequered Skipper	F394Carterocephalus palaemon
F394Butterfly, Lulworth Skipper	F394Thymelicus acteon
F394Butterfly, Silver Spotted Skipper	F394Hesperia comma
Butterfly, Swallowtail	Papilio machaon
F394Butterfly, Large tortoiseshell	F394Nymphalis polychloros
F394Butterfly, Wood White	F394Leptidea sinapis
F390Cat, WildF403 (in respect of section 9(4)(b) and (c) and (5) only)	F390Felis silverstris
F390Cicada, New Forest	F390Cicadetta montana
F396Crayfish, Atlantic Stream	F396Austropotamobius pallipes
Cricket, Field	Gryllus campestris
Cricket, Mole	Gryllotalpa gryllotalpa
F392Dameselfly, Southern	F392Coenagrion mercuriale
F404. . .	F404. . .
F404. . .	F404. . .
F405“Dolphins (all species but in respect of section 9(4A) and (5) only)	Cetacea”
F390DormouseF403 (in respect of section 9(4)(b) and (c) and (5) only)	F390Muscardinus avellanarius
Dragonfly, Norfolk Aeshna	Aeshna isosceles
Frog, Common (in respect of section 9(5) only)	Rana temporaria
F494Frog, Pool (Northern Clade) (in respect of section 9(4)(b) and (c)(1) only and with respect to England only)	F494Pelophylax lessonae
F392Goby, Couch’s	F392Gobius couchii
F392Goby, Giant	F392Gobius cobitis
Grasshopper, Wart-biter	Decticus verrucivorus
F391Hatchet Shell, Northern	F391Thyasira gouldi
F392Hydroid, Marine	F392Clavopsella navis
F495. . .	F495. . .
F391Lagoon Snail, De Folin’s	F391Caecum armoricum
F391Lagoon Worm, Tentacled F496(in respect of section 9(4)(a) only)	F391Alkmaria romijni
F390Leech, Medicinal	F390Hirudo medicinalis
Lizard, SandF403 (in respect of section 9(4)(b) and (c) and (5) only)	Lacerta agilis
F397Lizard, Viviparous (in respect of section 9(5) only)	F397Lacerta vivipara
F390Marten, Pine	F390Martes martes
F390Mat. Trembling Sea	F390Victorella pavida
Moth, Barberry Carpet	Pareulype berberata
Moth, Black-veined	Siona lineata (otherwise known as Idaea lineata)
F495. . .	F495. . .
F392Moth, Fiery Clearwing	F392Bembecia chrysidiformis
F392Moth, Fisher’s EstuarineF406(in respect of section 9(4)(b) and (c) and (5) only)	F392Gortyna borelii
Moth, New Forest Burnet	Zygaena viciae
Moth, Reddish Buff	Acosmetia caliginosa
F494Moth, Slender Scotch Burnet (in respect of section 9(5) only)	F494Zygaena loti subspecies scotica
F391Moth, Sussex Emerald	F391Thalera fimbrialis
F494Moth, Talisker Burnet (in respect of section 9(5) only)	F494Zygaena lonicerae subspecies jocelynae
F398. . .	F398. . .
F392Mussel, Fan (in respect of section 9(1), (2) and (5) only)	F392Atrina fragilis
F399Mussel, Freshwater Pearl	F399Margaritifera margaritifera
F407Newt, 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, CommonF403 (in respect of section 9(4)(b) and (c) and (5) only)	Lutra lutra
F404. . .	F404. . .
F408“Porpoises (all species but in respect of section 9(5) only)	Cetacea”
F390Sandworm, Lagoon	F390Armandia cirrhosa
F391Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only	F391Eunicella verrucosa
F409Seahorse, Short Snouted (with respect to England F410and Walesonly)	F409Hippocampus hippocampus
F409Seahorse, Spiny (with respect to England F411and Walesonly)	F409Hippocampus guttulatus
F391Sea Slug, Lagoon	F391Tenellia adspersa
F392Shad, Twaite (in respect of F497section 9(1) and (4)(a)only)	F392Alosa fallax
F409Shark, Angel F498(in respect of section 9(1), (2) and (5) only)	F409Squatina squatina
F392Shark, Basking	F392Cetorhinus maximus
F390Shrimp, Fairy	F390Chirocephalus diaphanus
F390Shrimp, Lagoon Sand F499(in respect of section 9(4)(a) only)	F390Gammarus insensiblis
F494Skate, White (in respect of section 9(1), (2) and (5) only)	F494Rostroraja alba
F397Slow-worm (in respect of section 9(5) only)	F397Anguis fragilis
F393. . .	F393 . . .
Snail, Glutinous	Myxas glutinosa
F409Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England F412and Walesonly)	F409Helix pomatia
Snail, Sandbowl	Catinella arenaria
F397Snake, Grass (in respect of section 9(5) only)	F397Natrix helvetica (also known as Natrix natrix)
Snake, SmoothF403 (in respect of section 9(4)(b) and (c) and (5) only)	Coronella austriaca
Spider, Fen Raft	Dolomedes plantarius
Spider, Ladybird	Eresus niger
Squirrel, Red	Sciurus vulgaris
F391SturgeonF403 (in respect of section 9(4)(b) and (c) and (5) only)	F391Acipenser sturio
Toad, Common (in respect of section 9(5) only)	Bufo bufo
Toad, NatterjackF403 (in respect of section 9(4)(b) and (c) and (5) only)	Bufo calamita
F413“Turtle, Flatback	Natator depressus”
F414Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only)	Chelonia mydas
F415Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only)	Eretmochelys imbricata
F416Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only)	Lepidochelys kempii
F417Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only)	Dermochelys coriacea
F418Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only)	Caretta caretta
F419Turtle, Olive Ridley	Lepidochelys olivacea
F420. . .	F420. . .
F390Vendace	F390Coregonus albula
F392Vole, Water F421. . .	F392Arvicola terrestris
F390Walrus	F390Odebenus rosmarus
F390Whale (all species)F422 but in respect of section 9(4A) and (5) only	F390Cetacea
F390Whitefish	F390Coregonus lavaretus

F423 NOTE 2. F500...

SCHEDULE 6 Animals which may not be Killed or Taken by Certain Methods

Sections 11 and 22.

Annotations:

Amendments (Textual)

F489

Entries in Sch. 6 repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 19 , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(k)

Common name	Scientific name
Badger	Meles meles
~~F489Bats, Horseshoe (all species)~~	~~Rinolophidae~~
~~F489Bats, Typical (all species)~~	~~Vespertilionidae~~
~~F489Cat, Wild~~	~~Felis silvestris~~
~~F489Dolphin, Bottle-nosed~~	~~Tursiops truncatus (otherwise known as Tursiops tursio)~~
~~F489Dolphin, Common~~	~~Delphinis delphis~~
~~F489Dormice (all species)~~	~~Gliridae~~
Hedgehog	Erinaceus europaeus
~~F489Marten, Pine~~	~~Martes martes~~
~~F489Otter, Common~~	~~Lutra lutra~~
~~F489Polecat~~	~~Mustela putorius~~
~~F489Porpoise, Harbour (otherwise known as Common porpoise)~~	~~Phocaena phocaena~~
Shrews (all species)	Soricidae
Squirrel, Red	Sciurus vulgaris

F568SCHEDULE 6ZAAnimals which may not be killed or taken by trapping or snaring

Section 11(2)

Annotations:

Amendments (Textual)

F568

Sch. 6ZA inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), reg. 1(1), Sch. (with reg. 9)

Common name	Scientific name
Badger	Meles meles
Beaver, European	Castor fiber
Marten, Pine	Martes martes
Otter, Common	Lutra 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 7F505 Protection of Certain MammalsF505Amendment of Acts In Relation To Night Shooting of Hares and Rabbits

Annotations:

Amendments (Textual)

F505

Sch. 7 heading substituted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)

The Ground Game Act 1880

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.

2

In this paragraph “ ground game ” means hares and rabbits.

The Agriculture (Scotland) Act 1948

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.

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.

The Dogs (Protection of Livestock) Act 1953

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
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.

The Deer Act 1963

The Conservation of Seals Act 1970

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
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.

The Badgers Act 1973

F424 8

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

F425 9

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

F426 10

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

F427 11

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

F428 12

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

SCHEDULE 8 Plants which are Protected

Sections 13, 22 and 24.

Annotations:

Amendments (Textual)

F429

Entry in Sch. 8 added by S.I. 1988/288, art. 3

F430

Entries in Sch. 8 added (16.4.1998) by S.I. 1998/878, art. 3

F431

Entries in Sch. 8 added (29.10.1992) by S.I. 1992/2350, art. 3(1)

F432

Sch. 8: entries removed (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), reg. 29

F433

Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(a)

F434

Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(b)

F435

Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(c)

F502

Entries in Sch. 8 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015), arts. 1(b), 3(3), Sch. 4

F436

Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(d)

F437

Entries in Sch. 8 removed (29.10.1992) by S.I. 1992/2350, art. 3(2)

F438

Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(e)

F439

Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(f)

F440

Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(g)

F441

Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(h)

F501

Entries in Sch. 8 inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015), arts. 1(b), 3(2) ,Sch. 3

F442

Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(i)

Common name	Scientific name
F429Adder’s-tongue, Least	F429Ophioglossum lusitanicum
Alison, Small	Alyssum alyssoides
F430Anomodon, Long-leaved	F430Anomodon longifolius
F430Beech-lichen, New Forest	F430Enterographa elaborata
F431Blackwort	F431Southbya nigrella
F430Bluebell (in respect of section 13(2) only)	F430Hyacinthoides non-scripta
F430Bolete, Royal	F430Boletus regius
Broomrape, Bedstraw	Orobanche caryophyllacea
Broomrape, Oxtongue	Orobanche loricata
Broomrape, Thistle	Orobanche reticulata
F429Cabbage, Lundy	F429Rhynchosinapis wrightii
Calamint, Wood	Calamintha sylvatica
F431Caloplaca, Snow	F431Caloplaca nivalis
F431Catapyrenium, Tree	F431Catapyrenium psoromoides
Catchfly, Alpine	Lychnis alpina
F431Catillaria, Laurer’s	F431Catellaria laurei
F431Centaury, Slender	F431Centaurium tenuiflorum
Cinquefoil, Rock	Potentilla rupestris
F430Cladonia, Convoluted	F430Cladonia convoluta
F431Cladonia, Upright Mountain	F431Cladonia stricta
F431Clary, Meadow	F431Salvia pratensis
Club-rush, Triangular	Scirpus triquetrus
F429Colt’s-foot, Purple	F429Homogyne alpina
Cotoneaster, Wild	Cotoneaster integerrimus
F429Cottongrass, Slender	F429Eriophorum gracile
Cow-wheat, Field	Melampyrum arvense
F429Crocus, Sand	F429Romulea columnae
F431Crystalwort, Lizard	F431Riccia bifurca
F431Cudweed, Broad-leaved	F431Filago pryamidata
Cudweed, Jersey	Gnaphalium luteoalbum
F429Cudweed, Red-tipped	F429Filago lutescens
F430Cut-grass	F430Leersia oryzoides
F430Deptford Pink (in respect of England and Wales only)	F430Dianthus armeria
Diapensia	Diapensia lapponica
~~F432F431Dock, ShoreF433(in respect of section 13(2) only)~~	~~F432F431Rumex rupestris~~
F431Earwort, Marsh	F431Jamesoniella undulifolia
Eryngo, Field	Eryngium campestre
F430Feather-moss, Polar	F430Hygrohypnum polare
Fern, Dickie’s Bladder	Cystopteris dickieana
~~F432Fern, Killarney~~ ~~F434(in respect of section 13(2) only)~~	~~F432Trichomanes speciosum~~
F431Flapwort, Norfolk	F431Leiocolea rutheana
F429Fleabane, Alpine	F429Erigeron borealis
F429Fleabane, Small	F429Pulicaria vulgaris
F431Frostwort, Pointed	F431Gymnomitrion apiculatum
F430Fungus, Hedgehog	F430Hericium erinaceum
Galingale, Brown	Cyperus fuscus
Gentian, Alpine	Gentiana nivalis
F431Gentian, Dune	F431Gentianella uliginosa
~~F432F431Gentian, EarlyF435(in respect of section 13(2) only)~~	~~F432F431 Gentianella anglica~~
F429Gentian, Fringed	F429Gentianella ciliata
Gentian, Spring	Gentiana verna
F429Germander, Cut-leaved	F429Teucrium botrys
Germander, Water	Teucrium scordium
Gladiolus, Wild	Gladiolus illyricus
F430Goblin Lights	F430Catolechia wahlenbergii
F429Goosefoot, Stinking	F429Chenopodium vulvaria
F429Grass-poly	F429Lythrum hyssopifolia
F431Grimmia, Blunt-leaved	F431Grimmia unicolor
F431Gyalecta, Elm	F431Gyalecta ulmi
Hare’s-ear, Sickle-leaved	Bupleurum falcatum
Hare’s-ear, Small	Bupleurum baldense
F429Hawk’s-beard, Stinking	F429Crepis foetida
F431Hawkweed, Northroe	F431Hieracium northroense
F431Hawkweed, Shetland	F431Hieracium zetlandicum
F431Hawkweed, Weak-leaved	F431Hieracium attenuatifolium
Heath, Blue	Phyllodoce caerulea
Helleborine, Red	Cephalanthera rubra
~~F502F429Helleborine, Young’s~~	~~F502F429Epipactis youngiana~~
F429Horsetail, Branched	F429Equisetum ramosissimum
F429Hound’s-tongue, Green	F429Cynoglossum germanicum
Knawel, Perennial	Scleranthus perennis
Knotgrass, Sea	Polygonum maritimum
~~F432Lady’s-slipper~~ ~~F436(in respect of section 13(2) only)~~	~~F432Cypripedium calceolus~~
F437. . .	F437. . .
F437. . .	F437. . .
~~F502F431Lecanactis, Churchyard~~	~~F502F431Lecanactis hemisphaerica~~
F431Lecanora, Tarn	F431Lecanora archariana
F431Lecidea, Copper	F431Lecidea inops
Leek, Round-headed	Allium sphaerocephalon
Lettuce, Least	Lactuca saligna
F431Lichen, Arctic Kidney	F431Nephroma arcticum
F431Lichen, Ciliate Strap	F431Heterodermia leucomelos
F431Lichen, Coralloid Rosette	F431Heterodermia propagulifera
F431Lichen, Ear-lobed Dog	F431Peltigera lepidophora
F431Lichen, Forked Hair	F431Bryoria furcellata
F431Lichen, Golden Hair	F431Teloschistes flavicans
F431Lichen, Orange Fruited Elm	F431Caloplaca luteoalba
F431Lichen, River Jelly	F431Collema dichotomum
F431Lichen, Scaly Breck	F431Squamarina lentigera
F431Lichen, Stary Breck	F431Buellia asterella
Lily, Snowdon	Lloydia serotina
F431Liverwort	F431Petallophyllum ralfsi
F431Liverwort, Lindenberg’s Leafy	F431Adelanthus lindenbergianus
Marsh-mallow, Rough	Althaea hirsuta
~~F432F429Marshwort, CreepingF438(in respect of section 13(2) only)~~	~~F432F429Apium repens~~
F429Milk-parsley, Cambridge	F429Selinum carvifolia
F431Moss	F431Drepanocladius vernicosus
F431Moss, Alpine Copper	F431Mielichoferia mielichoferi
F431Moss, Baltic Bog	F431Sphagnum balticum
F431Moss, Blue Dew	F431Saelania glaucescens
F431Moss, Blunt-leaved Bristle	F431Orthotrichum obtusifolium
F431Moss, Bright Green Cave	Cyclodictyon laetevirens
F431Moss, Cordate Beard	F431Barbula cordata
F431Moss, Cornish Path	F431Ditrichum cornubicum
F431Moss, Derbyshire Feather	F431Thamnobryum angustifolium
~~F502F431Moss, Dune Thread~~	~~F502F431Bryum mamillatum~~
F430Moss, Flamingo	F430Desmatodon cernuus
F431Moss, Glaucous Beard	F431Barbula glauca
F431Moss, Green Shield	F431Buxbaumia viridis
F431Moss, Hair Silk	F431Plagiothecium piliferum
F431Moss, Knothole	F431Zygodon forsteri
F431Moss Large Yellow Feather	F431Scorpidium turgescens
F431Moss, Millimetre	F431Micromitrium tenerum
F431Moss, Multifruited River	F431Cryphaea lamyana
F431Moss, Nowell’s Limestone	F431Zygodon gracilis
F431Moss, Rigid Apple	F431Bartramia stricta
F431Moss, Round-leaved Feather	F431Rhynocostegium rotundifolium
F431Moss, Schleicher’s Thread	F431Bryum schleicheri
F431Moss, Triangular Pygmy	{ F431Acaulon triquetrum
F431Moss, Vaucher’s Feather	F431Hypnum vaucheri
F431Mudwort, Welsh	F431Limosella australis
F429Naiad, Holly-leaved	F429Najas marina
~~F432F431Naiad, SlenderF439(in respect of section 13(2) only)~~	~~F432F431Najas flexilis~~
F431Orache, Stalked	F431Halimione pedunculata
Orchid, Early Spider	Ophryas sphegodes
~~F432Orchid, Fen~~ ~~F440 (in respect of section 13(2) only)~~	~~F432Liparis loeselii~~
Orchid, Ghost	Epipogium aphyllum
F431Orchid, Lapland Marsh	F431Dactylorhiza lapponica
Orchid, Late Spider	Ophrys fuciflora
Orchid, Lizard	Himantoglossum hircinum
Orchid, Military	Orchis militaris
Orchid, Monkey	Orchis simia
F431Pannaria, Caledonia	F431Pannaria ignobilis
F431Parmelia, New Forest	F431Parmelia minarum
F431Parmentaria, Oil Stain	F431Parmentaria chilensis
Pear, Plymouth	Pyrus cordata
F431Penny-cress, Perfoliate	F431Thlaspi perfoliatum
F429Pennyroyal	F429Mentha pulegium
F431Pertusaria, Alpine Moss	F431Pertusaria bryontha
F431Physcia, Southern Grey	F431Physcia tribacioides
F429Pigmyweed	F429Crassula aquatica
F431Pine, Ground	F431Ajuga chamaepitys
Pink, Cheddar	Dianthus gratianopolitanus
Pink, Childling	Petroraghia nanteuilii
~~F432F431Plantain, Floating WaterF441(in respect of section 13(2) only)~~	~~F432F431Luronium natans~~
F430Polypore, Oak	F430Buglossoporus pulvinus
F431Pseudocyphellaria, Ragged	F431Pseudocyphellaria lacerata
F431Psora, Rusty Alpine	F431Psora rubiformis
F430Puffball, Sandy Stilt	F430Battarraea phalloides
F429Ragwort, Fen	F429Senecio paludosus
F429Ramping-fumitory, Martin’s	F429Fumaria martinii
F431Rampion, Spiked	F431Phyteuma spicatum
F429Restharrow, Small	F429Ononis reclinata
F429Rock-cress, Alpine	F429Arabis alpina
F429Rock-cress, Bristol	F429Arabis stricta
F501Rock Nail	F501Calicium corynellum
F431Rustworth, Western	F431Marsupella profunda
Sandwort, Norwegian	Arenaria norvegica
Sandwort, Teesdale	Minuartia stricta
Saxifrage, Drooping	Saxifraga cernua
~~F432F431Saxifrage, MarshF442(in respect of section 13(2) only)~~	~~F432F431Saxifrage hirulus~~
Saxifrage, Tufted	Saxifraga cespitosa
F431Solenopsora, Serpentine	F431Solenopsora liparina
Solomon’s-seal, Whorled	Polygonatum verticillatum
Sow-thistle, Alpine	Cicerbita alpina
Spearwort, Adder’s-tongue	Ranunculus ophioglossifolius
F429Speedwell, Fingered	F429Veronica triphyllos
Speedwell, Spiked	Veronica spicata
F437. . .	F437. . .
F430Spike-rush, Dwarf	F430Eleocharis parvula
F430Stack Fleawort, South	F430Tephroseris integrifolia (ssp maritima)
F429Star-of-Bethlehem, Early	F429Gagea bohemica
Starfruit	Damasonium alisma
F431Stonewort, Bearded	F431Chara canescens
F429Stonewort, Foxtail	F429Lamprothamnium papulosum
F429Strapwort	F429Corrigiola litoralis
F430Sulphur-tresses, Alpine	F430Alectoria ochroleuca
~~F502F430Threadmoss, Long-leaved~~	~~F502F430Bryum neodamense~~
F501Tree Lungwort (in respect of section 13(2) only)	F501Lobaria pulmonaria
F431Turpswort	F431Geocalyx graveolens
Violet, Fen	Viola persicifolia
F429Viper’s-grass	F429Scorzonera humilis
Water-plantain, Ribbon leaved	Alisma gramineum
Wood-sedge, Starved	Carex depauperata
Woodsia, Alpine	Woodsia alpina
Woodsia, Oblong	Woodsia ilvensis
Wormwood, Field	Artemisia campestris
Woundwort, Downy	Stachys germanica
Woundwort, Limestone	Stachys alpina
Yellow-rattle, Greater	Rhinanthus serotinus

F509SCHEDULE 9 Animals and Plants to which Section 14 Applies

~~Sections 14 and 22.~~

Annotations:

Amendments (Textual)

F509

Sch. 9 repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(8), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

Part IF538NON-NATIVE Animals which are established in the wild

Annotations:

Amendments (Textual)

F538

Words 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)

F443

Entries in Sch. 9 Pt. 1 added (E.W.) (6.4.2010) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(2)

F539

Entries 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)

F444

Entries in Sch. 9 Pt. 1 removed (E.W.) (6.4.2010) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(3)

F578

Words 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))

F445

Entries in Sch. 9 Pt. I added (17.3.1992) by S.I. 1992/320, art. 2.

F446

Entry in Sch. 9 Pt. I added (5.3.1997) by S.I. 1997/226, art. 2

F447

Entries in Sch. 9 Pt. I added (28.4.1999) by S.I. 1999/1002, art. 2

F600

Words in Sch. 9 Pt. I omitted (E.) (4.5.2021) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) Order 2021 (S.I. 2021/236), arts. 1(b), 2(2)

F448

Entry in Sch. 9 Pt. I added (25.11.1992) by S.I. 1992/2674, art. 2.

F602

Words in Sch. 9 Pt. 1 inserted (31.5.2021) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) (No. 2) Order 2021 (S.I. 2021/548), arts. 1(1), 2(2) (with art. 4)

~~Common name~~	~~Scientific name~~
~~Bass, Large-mouthed Black~~	~~Micropterus salmoides~~
~~Bass, Rock~~	~~Ambloplites rupestris~~
~~Bitterling~~	~~Rhodeus sericeus~~
~~F443~~F539Boar, Wild~~~~	~~F443~~F539Sus scrofa~~~~
F444~~. . .~~	F444~~. . .~~
~~F539Capercaillie~~	~~F539Tetrao urogallus~~
~~F443~~F539Chough~~~~	~~F443~~F539Pyrrhocorax pyrrhocorax~~~~
~~F443~~F539Corncrake~~~~	~~F443~~F539Crex crex~~~~
F444~~. . .~~	F444~~. . .~~
~~F578F443Crab, Chinese Mitten~~	~~F578F443Eriocheir sinensis~~
~~F445Crayfish, Noble~~	~~F445Astacus astacus~~
~~F443~~F539Crane, Common~~~~	~~F443~~F539Grus grus~~~~
~~F578F443Crayfish, Red Swamp~~	~~F578F443Procambarus clarkii~~
~~F578F445Crayfish, Signal~~	~~F578F445Pacifastacus leniusculus~~
~~F578F443Crayfish, Spiny-cheek~~	~~F578F443Orconectes limosus~~
~~F445Crayfish, Turkish~~	~~F445Astacus leptodactylus~~
~~F443Deer, Chinese Water~~	~~F443Hydropotes inermis~~
~~F578F446Deer, Muntjac~~	~~F578F446Muntiacus reevesi~~
~~F445Deer, Sika~~	~~F445Cervus nippon~~
~~F447 Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer~~	~~F447 Any hybrid of Cervus nippon~~
F444~~. . .~~	F444~~. . .~~
F444~~. . .~~	F444~~. . .~~
~~Dormouse, Fat~~	~~Glis glis~~
~~Duck, Carolina Wood~~	~~Aix sponsa~~
~~Duck, Mandarin~~	~~Aix galericulata~~
~~F578Duck, Ruddy~~	~~F578Oxyura jamaicensis~~
~~F539Eagle, White-tailed~~	~~F539Haliaetus albicilla~~
~~F443Flatworm~~	~~F443Kontikia andersoni~~
~~F443Flatworm~~	~~F443Kontikia ventrolineata~~
~~F443Flatworm, Australian~~	~~F443Australoplana sanguinea~~
~~F600F445Flatworm, New Zealand~~	~~F600F445Artiposthia triangulata~~
~~Frog, Edible~~	~~Rana esculenta~~
~~Frog, European Tree (otherwise known as Common tree frog)~~	~~Hyla arborea~~
~~Frog, Marsh~~	~~Rana ridibunda~~
F444~~. . .~~	F444~~. . .~~
~~F443Goose, Bar-headed~~	~~F443Anser indicus~~
~~F443Goose, Barnacle~~	~~F443Branta leucopsis~~
~~Goose, Canada~~	~~Branta canadensis~~
~~F578Goose, Egyptian~~	~~F578Alopochen aegyptiacus~~
~~F443Goose, Emperor~~	~~F443Anser canagicus~~
~~F443Goose, Snow~~	~~F443Anser caerulescens~~
~~F443~~F539Goshawk~~~~	~~F443~~F539Accipiter gentilis~~~~
~~Heron, Night~~	~~Nycticorax nycticorax~~
~~F443~~F539Kite, Red~~~~	~~F443~~F539Milvus milvus~~~~
~~F443Limpet, Slipper~~	~~F443Crepidula fornicata~~
~~Lizard, Common Wall~~	~~Podarcis muralis~~
~~Marmot, Prairie (otherwise known as Prairie dog)~~	~~Cynomys~~
~~Mink, American~~	~~Mustela vison~~
~~Newt, Alpine~~	~~Triturus alpestris~~
~~F445Newt, Italian Crested~~	~~F445Triturus carnifex~~
~~F448~~F539Owl, Barn~~~~	~~F448~~F539Tyto alba~~~~
~~F443Owl, Eagle~~	~~F443Bubo bubo~~
~~F443Oyster Drill, American~~	~~F443Urosalpinx cinerea~~
~~F443Parakeet, Monk~~	~~F443Myiopsitta monachus~~
~~Parakeet, Ring-necked~~	~~Psittacula krameri~~
~~Partridge, Chukar~~	~~Alectoris chukar~~
~~Partridge, Rock~~	~~Alectoris graeca~~
~~Pheasant, Golden~~	~~Chrysolophus pictus~~
~~Pheasant, Lady Amherst’s~~	~~Chrysolophus amherstiae~~
~~Pheasant, Reeves’~~	~~Syrmaticus reevesii~~
~~Pheasant, Silver~~	~~Lophura nycthemera~~
~~F443Pochard, Red-crested~~	~~F443Netta rufina~~
F444~~. . .~~	F444~~. . .~~
F444~~. . .~~	F444~~. . .~~
~~F600Pumpkinseed (otherwise known as Sun-fish or Pond-perch)~~	~~F600Lepomis gibbosus~~
F444~~. . .~~	F444~~. . .~~
~~Rat, Black~~	~~Rattus rattus~~
~~F443Shelduck, Ruddy~~	~~F443Tadorna ferruginea~~
~~F445Snake, Aesculapian~~	~~F445Elaphe longissima~~
~~F578Squirrel, Grey~~	~~F578Sciurus carolinensis~~
~~F443Swan, Black~~	~~F443Cygnus atratus.~~
~~Terrapin, European Pond~~	~~Emys orbicularis~~
~~Toad, African Clawed~~	~~Xenopus laevis~~
~~Toad, Midwife~~	~~Alytes obstetricans~~
~~Toad, Yellow-bellied~~	~~Bombina variegata~~
~~Wallaby, Red-necked~~	~~Macropus rufogriseus~~
~~Wels (otherwise known as European catfish)~~	~~Silurus glanis~~
~~Zander~~	~~Stizostedion lucioperca~~
F602With 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 F602Partridge, Red-legged ii F602Pheasant, Common	i Alectoris rufa ii Phasianus colchicus

F540PART IANATIVE ANIMALS

Annotations:

Amendments (Textual)

F540

Sch. 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)

F611

Sch. 9 Pt. 1A entry inserted (1.10.2022) by The Beavers (England) Order 2022 (S.I. 2022/858), arts. 1(1), 3(2)

~~Common name~~	~~Scientific name~~
~~F611Beaver, Eurasian~~	~~Castor fiber~~
~~Capercaillie~~	~~Tetrao urogallus~~
~~Chough~~	~~Pyrrhocorax pyrrhocorax~~
~~Corncrake~~	~~Crex crex~~
~~Crane, Common~~	~~Grus grus~~
~~Eagle, White-tailed~~	~~Haliaetus albicilla~~
~~Goshawk~~	~~Accipiter gentilis~~
~~Kite, Red~~	~~Milvus milvus~~
~~Owl, Barn~~	~~Tyto alba.~~
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.

F541PART IBANIMALS NO LONGER NORMALLY PRESENT

Annotations:

Amendments (Textual)

F541

Sch. 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)

F612

Words in Sch. 9 Pt. 1B omitted (1.10.2022) by virtue of The Beavers (England) Order 2022 (S.I. 2022/858), arts. 1(1), 3(3)

~~Common name~~	~~Scientific name~~
F612. . .	F612. . .
~~Boar, Wild~~	~~Sus Scrofa.~~
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.

Part II Plants

Annotations:

Amendments (Textual)

F450

Entries in Sch. 9 Pt. II added (E.W.) (6.4.2010) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(4)

F579

Words in Sch. 9 Pt. 2 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)(b)(i) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))

F449

Words in Sch. 9 Pt. II added (17.3.1992) by S.I. 1992/320, art. 3

F451

Entries in Sch. 9 Pt. II removed (E.W.) (6.4.2010) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(5)

F601

Words in Sch. 9 Pt. II omitted (E.) (4.5.2021) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) Order 2021 (S.I. 2021/236), arts. 1(b), 2(3)

F580

Words in Sch. 9 Pt. 2 substituted (E.W.) (1.12.2019) by The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(3)(b)(ii) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))

~~Common name~~	~~Scientific name~~
~~F450Alexanders, Perfoliate~~	~~F450Smyrnium perfoliatum~~
~~F450Algae, Red~~	~~F450Grateloupia luxurians~~
~~F450Archangel, Variegated Yellow~~	~~F450Lamiastrum galeobdolon subsp. argentatum~~
~~F450Azalea, Yellow~~	~~F450Rhododendron luteum~~
~~F579F450Balsam, Himalayan~~	~~F579F450Impatiens glandulifera~~
~~F450Cotoneaster~~	~~F450Cotoneaster horizontalis~~
~~F450Cotoneaster, Entire-leaved~~	~~F450Cotoneaster integrifolius~~
~~F450Cotoneaster, Himalayan~~	~~F450Cotoneaster simonsii~~
~~F450Cotoneaster, Hollyberry~~	~~F450Cotoneaster bullatus~~
~~F450Cotoneaster, Small-leaved~~	~~F450Cotoneaster microphyllus~~
~~F450Creeper, False Virginia~~	~~F450Parthenocissus inserta~~
~~F450Creeper, Virginia~~	~~F450Parthenocissus quinquefolia~~
~~F450Dewplant, Purple~~	~~F450Disphyma crassifolium~~
~~F579F450Fanwort~~	~~F579F450Cabomba caroliniana~~
~~F450Fern, Water~~	~~F450Azolla filiculoides~~
~~F450Fig, Hottentot~~	~~F450Carpobrotus edulis~~
~~F450Garlic, Three-cornered~~	~~F450Allium triquetrum~~
~~F579Hogweed, Giant~~	~~F579Heracleum mantegazzianum~~
~~F579F450Hyacinth, water~~	~~F579F450Eichhornia crassipes~~
~~F449Kelp, Giant~~	~~F449Macrocystis angustifolia~~
~~F449Kelp, Giant~~	~~F449Macrocystis integrifolia~~
~~F449Kelp, Giant~~	~~F449Macrocystis laevis~~
~~Kelp, Giant~~	~~Macrocystis pyrifera~~
~~F449Kelp, Japanese~~	~~F449Laminaria japonica~~
~~F450Knotweed, Giant~~	~~F450Fallopia sachalinensis~~
~~F450Knotweed, Hybrid~~	~~F450Fallopia japonica x Fallopia sachalinensis~~
~~F450Knotweed, Japanese~~	~~F450Fallopia japonica~~
~~F451Knotweed, Japanese~~	~~F451Polygonum cuspidatum~~
~~F450Leek, Few-flowered~~	~~F450Allium paradoxum~~
~~F450Lettuce, water~~	~~F450Pistia stratiotes~~
~~F450Montbretia~~	~~F450Crocosmia x crocosmiiflora~~
~~F579F450Parrot's-feather~~	~~F579F450Myriophyllum aquaticum~~
~~F579F450Pennywort, Floating~~	~~F579F450Hydrocotyle ranunculoides~~
~~F450Potato, Duck~~	~~F450Sagittaria latifolia~~
~~F579F450Primrose, Floating Water~~	~~F579F450Ludwigia peploides~~
~~F579F450Primrose, Water~~	~~F579F450Ludwigia grandiflora~~
~~F450Primrose, Water~~	~~F450Ludwigia uruguayensis~~
~~F450Rhododendron~~	~~F450Rhododendron ponticum~~
~~F450Rhododendron~~	~~F450Rhododendron ponticum x Rhododendron maximum~~
~~F579F450Rhubarb, Giant~~	~~F579F450Gunnera tinctoria~~
~~F450Rose, Japanese~~	~~F450Rosa rugosa~~
~~F601F450Salvinia, Giant~~	~~F601F450Salvinia molesta~~
~~F450Seafingers, Green~~	~~F450Codium fragile~~
~~F451Seafingers, Green~~	~~F451Codium fragile tomentosoides~~
~~F449Seaweed, Californian Red~~	~~F449Pikea californica~~
~~F449Seaweed, Hooked Asparagus~~	~~F449Asparagopsis armata~~
~~Seaweed, Japanese~~	~~Sargassum muticum~~
~~F449Seaweeds, Laver (except native species)~~	~~F449Porphyra spp except -~~
	~~F449p. amethystea~~
	~~F449p. leucosticta~~
	~~F449p. linearis~~
	~~F449p. miniata~~
	~~F449p. purpurea~~
	~~F449p. umbilicalis~~
~~F450Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed)~~	~~F450Crassula helmsii~~
~~F449Wakame~~	~~F449Undaria pinnatifida~~
~~F579F450Waterweed, Curly~~	~~F579F450Lagarosiphon major~~
~~F580F450WaterweedsF580Waterweeds (except Nuttall’s Waterweed)~~	~~F580F450All species of the genus Elodea.F580All species of the genus Elodea, except Elodea nuttallii~~

F550SCHEDULE 9ASpecies control agreements and orders (England and Wales)

Section 14(4A)

Annotations:

Amendments (Textual)

F550

Sch. 9A inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(3), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2

PART 1Overview and interpretation

Overview

1

This Schedule provides for—

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—

F582a

a species of animal or plant included on the F591list 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 species

2

PART 2Species control agreements

Making of species control agreements

6

Notice of compliance

8

Where 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.

Liability

9

An 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 3Species control orders

When a species control order may be made

10

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

Where 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.

Enforcement

18

ii

paragraph 18(4).

PART 4Powers of entry

Powers of entry

21

1

A person who is authorised to do so may enter any premises to—

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.

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 5Supplementary

Compensation

25

27

1

The Welsh Ministers must issue a code of practice in relation to species control agreements and orders in Wales.

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.

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.

X12 SCHEDULE 10 Amendment of the Endangered Species (Import and Export) Act 1976

Section 15

Annotations:

Editorial Information

X12

The 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 I The Amendments

Licences

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—

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,

Expenses of returning animals and plants to the wild

2

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 entry

3

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 Schedules

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”.

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 derivatives

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.

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 II Schedule inserted as Schedule 4

SCHEDULE 4 Animals the Sale etc. of Which is Restricted

This Schedule applies to the following kinds of animals, namely—

MAMMALS

1

The kinds of mammal specified in the first column below—

Marsupials

Kind	Common name
Bettongia	Rat kangaroo
Caloprymnus campestris	Desert rat-kangaroo
Lagorchestes hirsutus	Western hare-wallaby
Lagostrophus fasciatus	Banded hare-wallaby
Onychogalea fraenata	Bridle nail-tailed wallaby
Onychogalea lunata	Crescent nail-tailed wallaby
Lasiorhinus krefftii	Queensland hairy-nosed wombat
Chaeropus ecaudatus	Pig-footed bandicoot
Macrotis lagotis	Rabbit-bandicoot
Macrotis leucara	Lesser rabbit-bandicoot
Perameles bougainville	Western barred bandicoot
Sminthopsis longicaudata	Long-tailed dunnart
Sminthopsis psammophila	Sandhill dunnart
Thylacinus cynocephalus	Tasmanian wolf

Primates


Allocebus	Hairy-eared dwarf lemur
Cheirogaleus	Dwarf lemurs
Hapalemur	Gentle lemurs
Lemur	Lemurs
Lepilemur	Sportive and weasel lemurs
Microcebus	Mouse lemurs
Phaner	Fork-marked mouse lemurs
Avahi	Avahis (otherwise known as Woolly indris)
Indri	Indris
Propithecus	Sifakas
Daubentonia madagascariensis	Aye-aye
Callimico goeldii	Goeldi’s marmoset (otherwise known as Goeldi’s tamarin)
Callithrix aurita	White eared marmoset
Callithrix flaviceps	Buff-headed marmoset
Leontopithecus	Maned tamarin (otherwise known as Golden tamarin)
Saguinus bicolor	Pied tamarin
Saguinus geoffroyi	Geoffroy’s tamarin
Saguinus leucopus	White-footed tamarin
Saguinus oedipus	Cotton-headed tamarin
Alouatta palliata (otherwise known as Alouatta villosa)	Mantled howler
Ateles geoffroyi frontatus	Black-browed spider monkey
Ateles geoffroyi panamensis	Red spider monkey
Brachyteles arachnoides	Woolly spider monkey
Cacajao	Uakaris
Chiropotes albinasus	White-nosed saki
Saimiri oerstedii	Red-backed squirrel monkey
Cercocebus galeritus galeritus	Tana River mangabey
Cercopithecus diana	Diana monkey
Colobus badius kirkii	Kirk’s red colobus (otherwise known as Zanzibar red colobus)
Colobus badius rufomitratus	Tana River red colobus
Macaca silenus	Lion-tailed macaque
Nasalis larvatus	Proboscis monkey
Papio leucophaeus (otherwise known as Mandrillus leucophaeus)	Drill
Papio sphinx (otherwise known as Mandrillus sphinx)	Mandrill
Presbytis entellus	Langur (otherwise known as Entellus langur or True langur)
Presbytis geei	Golden langur
Presbytis pileatus	Caped langur
Presbytis potenziani	Mentawi leaf monkey
Pygathrix nemaeus	Douc langur
Rhinopithecus roxellanae	Snub-nosed langur
Simias concolor	Mentawi snub-nosed langur
Hybolates	Gibbons
Symphalangus syndactylus	Siamang
Pongidae	Great apes

Edentates


Pridontes giganteus (otherwise known as Priodontes maximus)	Giant armadillo

Pangolins


Manis temmincki	South African pangolin

Rabbits and hares


Caprolagus hispidus	Assam rabbit (otherwise known as Hispid hare)
Romerolagus diazi	Volcano rabbit

Rodents


Cynomys mexicanus	Mexican prairie marmot
Leporillus conditor	Australian sticknest rat
Pseudomys fumeus	Smoky mouse
Pseudomys praeconis	Shark Bay mouse
Xeromys myoides	False water rat
Zyzomys pendunculatus	Central thick-tailed rat
Chinchilla (except any domestic form of Chinchilla laniger)	Chinchilla

Cetaceans


Lipotes vexillifer	Chinese river dolphin
Physter catodon (otherwise known as Physeter macrocephalus)	Sperm whale
Platanista gangetica	Ganges dolphin
Platanista minor	Indus river dolpin
Sotalia	Humpbacked dolphins
Sousa	Humpacked dolphins
Neophocaena phocaenoides	Finless porpoise
Phocoena sinus	Cochito
Balaena mysticetus	Greenland right whale (otherwise known as Bowhead whale)
Balaenoptera borealis	Sei whale
Balaenoptera musculus	Blue whale
Balaenoptera physalus	Common rorqual
Eschrichtius	Grey whales
Eubalaena	Right whales
Megaptera novaeangliae	Humpback whale

Carnivores


Spethos venaticus	Bush dog
Vulpes velox hebes	Northern kit fox
Helarctos malayanus	Sun bear
Selenarctos thibetanus	Asiatic black bear
Tremarctos ornatus	Spectacled bear
Ursus arctos isabellinus	Brown bear
Ursus arctos nelsoni	Mexican brown bear
Ursus arctos pruinosus	Tibetan brown bear
Aonyx microdon	Cameroon clawless otter
Enhydra lutris nereis	Southern sea otter
Lutra felina	Marine otter
Lutra longicaudis	South American otter
Lutra lutra	Eurasian otter
Lutra provocax	Southern river otter
Mustela nigripes	Black-footed ferret
Pteronura brasiliensis	Giant otter
Prionodon pardicolor	Spotted linsang
Hyaena brunnea	Brown hyaena
Acinonyx jubatus	Cheetah
Felis bengalensis bengalensis	Leopard cat
Felis concolor coryi	Florida puma
Felis concolor costaricensis	Costa Rica puma
Felis concolor cougar	Eastern puma
Felis jacobita	Andean cat
Felis rufa escuinapae	Mexican bobcat
Felis marmorata	Marbled cat
Felis nigripes	Black-footed cat
Felis pardalis mearnsi	Costa Rica ocelot
Felis pardalis mitis	Brazilian ocelot
Felis planiceps	Flat-headed cat
Felis rubiginosa	Rusty spotted cat
Felis temmincki	Asiatic golden cat
Felis tigrina oncilla	Little spotted cat
Felis wiedii nicaraguae	Nicaraguan margay
Felis wiedii salvinia	Guatemalan margay
Felis yagouaroundi cacomitli	Jaguarundi
Felis yagouaroundi fossata	Jaguarundi
Felis yagouaroundi panamensis	Jaguarundi
Felis yagouaroundi tolteca	Jaguarundi
Neofelis nebulosa	Clouded leopard
Panthera leo persica	Asiatic lion
Panthera onca	Jaguar
Panthera pardus	Leopard
Panthera tigris	Tiger
Panthera uncia	Snow leopard

Seals


Arcocephalus townsendi	Guadelupe fur seal
Monachus	Monk seals

Elephants


Elephas maximus	Asian elephant

Sea-cows


Dugong dugon	Dugong (otherwise known as Sea-cow)
Trichechus inunguis	Amazonian manatee
Trichechus manatus	West Indian manatee

Odd-toed ungulates


Equus grevyi	Grevy’s zebra
Equus hemionus hemionus	Mongolian wild ass
Equus hemionus khur	Indian wild ass
Equus przewalskii	Przewalski’s horse
Equus zebra zebra	Cape mountain zebra
Tapirus bairdii	Central American tapir
Tapirus indicus	Malayan tapir (otherwise known as Indian tapir)
Tapirus pinchaque	Mountain tapir (otherwise known as Woolly tapir)
Rhinocerotidae	Rhinoceroses

Even-toed ungulates


Babyrousa babyrussa	Babirusa
Sus salvanius	Pygmy hog
Vicugna vicugna	Calamian deer
Axis kuhli	Bawean deer
Axis porcinus annamiticus	Thai hog deer
Blastocerus dichotomus	Marsh deer
Cervus duvauceli	Swamp deer
Cervus elaphus hanglu	Kashmir stag (otherwise known as Hanglu)
Cervus eldi	Brow-antlered deer
Dama mesopotamica	Persian fallow deer
Hippocamelus antisiensis	Peruvian huemal
Hippocamelus bisulcus	Chilean huemal
Moschus moschiferus moschiferus	Himalayan musk deer
Ozotoceros bezoarticus	Pampas deer
Pudu pudu	Chilean pudu
Antilocapra americana peninsularis	Lower California pronghorn
Antilocapra americana sonoriensis	Sonoran pronghorn
Bison bison athabascae	Wood bison
Bos gaurus	Gaur
Bos mutus	Wild yak
Bubulas depressicornis	Lowland anoa
Bubalus mindorensis	Tamaraw
Bubalus quarlesi	Mountain anoa
Capra falconeri chiltanensis	Markhor
Capra falconeri jerdoni	Markhor
Capra falconeri megaceros	Markhor
Capricornis sumatraensis	Serow
Hippotragus niger variani	Giant sable antelope
Nemorhaedua goral	Goral
Novibos sauveli	Koupray
Oryx leucoryx	Arabian oryx
Ovis ammon hodgsoni	Great Tibetan sheep
Ovis orientalis ophion	Cyprian mouflon
Ovis vignei	Urial
Pantholops hodgsoni	Tibetan antelope
Rupicapra rupicapra ornata	Abrussi chamois

BIRDS

2

The kinds of bird specified in the first column below—

Rheas


Pterocnemia pennata	Lesser rhea

Tinamous


Tinamus solitarius	Solitary tinamou

Penguins


Spheniscus humboldti	Humboldt penguin

Grebes


Podilymbus gigas	Atitlan grebe

Albatrosses


Diomedea albatrus	Short-tailed albatross

Pelican-like birds


Sula abbotti	Abbot’s booby
Fregata andrewsi	Christmas Island frigatebird

Storks


Ciconia ciconia boyciana	Japanese white stork
Geronticus eremita	Bald ibis
Nipponia nippon	Japanese crested ibis

Waterfowl


Anas aucklandica nesiotis	Campbell Island Flightless teal
Anas laysanensis	Laysan duck
Anas oustaleti	Marianas Island duck (otherwise known as Marianas Mallard)
Branta canadensis leucopareia	Aleutian Canada goose
Branta sandvicensis	Hawaiian goose (otherwise known as Nene)
Cairina scutulata	White winged wood duck
Rhodonessa caryophyllacea	Pink-headed duck

Diurnal Birds of Prey


Cathartidae	New world vultures
Pandion haliaetus	Osprey
Accipitridae	True hawks
Sagittarius serpentarius	Secretary bird
Falconidae	Falcons

Gamebirds


Aburria jacutinga	Black-fronted curassow (otherwise known as Black-fronted guan)
Aburria pipile	White-headed curassow (otherwise known as Piping guan)
Catreus wallichii	Cheer pheasant
Colinus virginianus ridgwayi	Masked bobwhite
Crax blumenbachii	Red-billed curassow
Crax mitu	Razor-billed curassow
Crossoptilon crossoptilon	White Eared-pheasant
Crossoptilon mantchuricum	Brown Eared-pheasant
Lophophorus impejanus	Himalayan monal
Lophophorus lhuysii	Chinese monal
Lophophorus sclateri	Sclater’s monal
Lophura edwardsi	Edward’s pheasant
Lophura imperialis	Imperial pheasant
Lophura swinhoei	Swinhoe’s pheasant
Macrocephalon maleo	Maleo Fowl
Oreophasis derbianus	Horned guan
Penelope albipennis	White-winged guan
Polyplectron emphanum	Palawan peacock pheasant
Syrmaticus ellioti	Elliot’s pheasant
Syrmaticus humiae	Hume’s pheasant (otherwise known as Bar-tailed pheasant)
Syrmaticus mikado	Mikado pheasant
Tetraogallus caspius	Caspian snowcock
Tetraogallus tibetanus	Tibetan snowcock
Tragopan blythii	Blyth’s tragopan
Tragopan caboti	Cabot’s tragopan
Tragopan melanocephalus	Western tragopan
Tympanuchus cupido attwateri	Attwater’s prairie chicken

Cranes and rails


Grus americana	Whooping crane
Grus canadensis nesiotes	Cuban sandhill crane
Grus canadensis pulla	Mississippi sandhill crane
Grus japonensis	Manchurian crane (otherwise known as Japanese crane)
Grus leucogeranus	Siberian White crane
Grus monacha	Hooded crane
Grus nigricollis	Black-necked crane
Grus vipio	White-necked crane (otherwise known as White-naped crane)
Tricholimnas sylvestris	Lord Howe wood-rail
Rhynochetos jubatus	Kagu
Chlamydotis undulata	Houbara bustard
Choriotis nigriceps (otherwise known as Ardeotis nigriceps)	Great Indian bustard
Eupodotis bengalensis	Bengal florican

Waders and Gulls


Numenius borealis	Eskimo curlew
Tringa guttifer	Spotted greenshank (otherwise known as Nordmann’s greenshank)
Larus relictus	Relict gull

Pigeons and doves


Caloenas nicobarica	Nicobar pigeon
Ducula mindorensis	Mindoro imperial pigeon

Parrots


Amazona arausiaca	Red-necked parrot (otherwise known as Red-necked amazon)
Amazona barbadensis	Yellow-shouldered parrot (otherwise known as Yellow-shouldered amazon)
Amazona brasiliensis	Red-tailed parrot (otherwise known as Red-tailed amazon)
Amazona guildingii	St. Vincent parrot (otherwise known as St. Vincent amazon)
Amazona imperialis	Imperial parrot (otherwise known as Imperial amazon)
Amazona leucocephala	Cuban parrot (otherwise known as Cuban amazon)
Amazona pretrei	Red-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 versicolor	St Lucia parrot (otherwise known as St Lucia amazon)
Amazona vinacea	Vinaceous parrot (otherwise known as Vinaceous amazon)
Amazona vittata	Puerto Rico parrot (otherwise known as Puerto Rican amazon)
Anodorhynchus glaucus	Glaucous macaw
Anodorhynchus leari	Lear’s macaw
Aratinga guaruba	Golden parakeet (otherwise known as Golden conure)
Cyanopsitta spixii	Spix’s macaw
Cyanoramphus auriceps forbesi	Forbes’ parakeet
Cyanoramphus novaezelandiae	Red-fronted parakeet
Cyclopsitta diophthalma coxeni (otherwise known as Opopsitta diophthalma coxeni)	Coxen’s fig parrot
Geopsittacus occidentalis	Australian night parrot
Neophema chrysogaster	Orange-bellied parakeet (otherwise known as Orange-bellied parrot)
Pezoporus wallicus	Ground parrot
Pionopsitta pileata	Red-capped parrot (otherwise known as Pileated parrot)
Psephotus chrysopterygius	Golden-shouldered parakeet (otherwise known as Golden-shouldered parrot or Hooded parakeet)
Psephotus pulcherrimus	Paradise parrot
Psittacula echo (otherwise known as Psittacula krameri echo)	Mauritius parakeet (otherwise known as Mauritius ring-necked parakeet)
Psittacus erithacus princeps	Fernando Po grey parrot
Pyrrhura cruentata	Blue-throated conure
Rhynchopsitta pachyrhyncha	Thick-billed parrot
Rhynchopsitta terrisi	Maroon-fronted parrot
Strigops habroptilus	Kakapo (otherwise known as Owl parrot)

Hummingbirds


Ramphodon dohrnii	Hook-billed hermit

Trogons


Pharomachrus mocinno costaricensis	Costa Rican quetzal (otherwise known as Resplendent quetzal)
Pharomachrus mocinno mocinno	Magnificent quetzal (otherwise known as Resplendent quetzal)

Owls


Tytonidae	Barn owls
Strigidae	Typical owls

Hornbills


Buceros bicornis (otherwise known as Buceros homrai	Great pied hornbill
Rhinoplax vigil	Helmeted hornbill

Woodpeckers


Campephilus imperialis	Imperial woodpecker
Dryocopus javensis richardsi	Tristram’s woodpecker (otherwise known as White-bellied black woodpecker)

Songbirds


Cotinga maculata	Banded cotinga
Xipholena atropurpurea	White-winged cotinga
Pitta kochi	Koch’s pitta
Atrichornis clamosa	Noisy scrub-bird
Leucopsar rothschildi	Rothschild’s mynah
Dasyornis brachypterus longirostris	Western bristlebird
Dasyornis broadbenti littoralis	Western rufous bristlebird
Picathartes gymnocephalus	White-necked rockfowl (otherwise known as Yellow-headed rockfowl or Guinea bear-headed rockfowl)
Picathartes oreas	Grey-necked rockfowl (otherwise known as Cameroon bare-headed rockfowl or Red-headed rockfowl)
Zosterops albogularis	White-breasted silver-eye
Meliphaga cassidix	Helmeted honeyeater
Spinus cucullatus (otherwise known as Carduelis cucullatus)	Red siskin

REPTILES

3

The kinds of reptile specified in the first column below—

Crocodilians


Alligator sinensis	Chinese alligator
Caiman crocodilus apaporiensis	Rio Apaporis caiman (otherwise known as Spectacled caiman)
Caiman latirostris	Broad-nosed caiman
Melanosuchus niger	Black caiman
Crocodylus acutus	American crocodile
Crocodylus cataphractus	African slender-snouted crocodile (otherwise known as African sharp-nosed crocodile)
Crocodylus intermedius	Orinoco crocodile
Crocodylus moreletii	Morelet’s crocodile
Crocodylus niloticus	Nile crocodile
Crocodylus novaeguineae mindorensis	Philippine crocodile
Crocodylus palustris	Mugger (otherwise known as Marsh crocodile or Broad-snouted crocodile)
Crocodylus porosus	Estuarine crocodile (otherwise known as Salt-water crocodile)
Crocodylus rhombifer	Cuban crocodile
Crocodylus siamensis	Siamese crocodile
Osteolaemus tetraspis	West African dwarf crocodile
Tomistoma schlegelii	False gharial (otherwise known as False gavial)
Gavialis gangeticus	Indian gharial (otherwise known as Indian gavial)

Iguanas


Brachylophus	Fijian iguanas
Cyclura	Caribbean rock iguanas
Sauromalus varius	San Esteban Island chuck-walla

Lizards


Varanus bengalensis	Bengal monitor (otherwise known as Indian monitor or Common monitor)
Varanus flavescens	Yellow monitor
Varanus griseus	Desert monitor (otherwise known as Agra monitor or Grey monitor)
Varanus komodoensis	Komodo dragon

Snakes


Acrantophis	Madagascar boas
Bolyeria	Round island boas
Casarea	Round island boas
Epicrates inornatus	Yellow tree boa
Epicrates subflavus	Jamaican boa
Python molurus molurus	Indian python (otherwise known as Indian rock python)
Sanzinia madagascariensis	Madagascar boa

Tuatara


Sphenodon punctatus	Tuatara

Chelonians


Batagur baska	River 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 tecta	Indian tent turtle (otherwise known as Indian sawback turtle or Roofed turtle or Dura turtle)
Morenia ocellata	Burmese swamp turtle
Terrapene coahuila	Aquatic 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
Cheloniidae	Sea turtles
Dermochelys coriacea	Leatherback turtle (otherwise known as Leathery turtle or Luth)
Lissemys punctata punctata	Indian flap-shelled turtle
Trionyx ater	Cuatro Cienegas soft-shell turtle (otherwise known as Black soft-shelled turtle)
Trionyx gangeticus	Ganges soft-shelled turtle (otherwise known as Indian soft-shelled turtle)
Trionyx hurum	Peacock-marked soft-shelled turtle
Trionyx nigricans	Dark-coloured soft-shelled turtle
Pseudemydura umbrina	Short-necked turtle (otherwise known as Western swamp turtle)

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 zeteki	Golden frog (otherwise known as Zetek’s frog)
Bufo periglenes	Golden toad (otherwise known as Orange toad)
Bufo superciliaris	Cameroon toad
Nectophrynoides	Viviparous toads

FISH

5

The kinds of fish specified in the first column below—

Kind	Common name
Acipenser brevirostrum	Shortnose sturgeon
Scleropages formosus	Asiatic bonytongue
Coregonus alpenae	Longjaw cisco
Chasmistes cujus	Cui-ui
Probarbus jullieni	lkan temolek
Pangasianodon gigas	Giant catfish
Stizostedion vitreum glaucum	Blue walleye
Cynoscion macdonaldi	Drum fish

MOLLUSCS

6

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 III

Schedule inserted as Schedule 5

SCHEDULE 5

Plants the sale etc. of which is restricted

This Schedule applies to the kinds of plant specified in the second column below—

Family	Kind
Apocynaceae	Pachypodium namaquanum
Araceae	Alocasia sanderana
Cactaceae	Ariocarpus agavoides
	Ariocarpus scapharostrus
	Aztekium ritteri
	Echinocereus lindsayi
	Obregonia denegrii
	Pelecyphora aselliformis
	Pelecyphora strobiliformis
Caryocaraceae	Caryocar costaricense
Caryophyllaceae	Gymnocarpus przewalskii
	Melandrium mongolicus
	Silene mongolica
	Stellaria pulvinata
Cupressaceae	Fitzroya cupressoides
	Pilgerodendron uviferum
Cycadaceae	Mirocycas calocoma
Gentianaceae	Prepusa hookeriana
Humiriaceae	Vantanea barbourii
Juglandaceae	Engelhardtia pterocarpa
Leguminosae	Ammopiptanthus mongolicum
	Cynometra hemitomophylla
	Platymiscium pleiostachyum
	Tachigalia versicolor
Liliaceae	Aloe albida
	Aloe pillansii
	Aloe polyphylla
	Aloe thorncropftii
	Aloe vossii
Melastomataceae	Lavoisiera itambana
Meliaceae	Guarea longipetiola
Moraceae	Batocarpus costaricensis
Nepenthaceae	Nepenthes rajah
Orchidaceae	Cattleya skinneri
	Cattleya trianae
	Didiciea cunninghamii
	Laelia jongheana
	Laelia lobata
	Lycaste virginalis var alba
	Peristeria elata
	Renanthera imschootiana
	Vanda coerulea
Pinaceae	Abies guatemalensis
	Abies nebrodensis
Podocarpaceae	Podocarpus costalis
	Podocarpus parlatorei
Proteaceae	Orothamnus zeyheri
	Protea odorata
Rubiaceae	Balmea stormae
Sarraceniaceae	Sarracenia alabamensis alabamensis
	Sarracenia jonesii
	Sarracenia oreophila
Saxifragaceae (otherwise known as Grossulariaceae)	Ribes sardoum
Stangeriaceae	Stangeria eriopus
Ulmaceae	Celtis aetnensis
Welwitschiaceae	Welwitschia bainesii
Zamiaceae	Encephalartos
Zingiberaceae	Hedychium philippinense

F481SCHEDULE 10A Delegation of Appellate Functions

Annotations:

Amendments (Textual)

F481

Sch. 10A inserted (30.1.2001) by 2000 c. 37 , ss. 75(1) , 103(2) , Sch. 9 para. 7

Interpretation

1

In 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.

Appointments

2

An 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.

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.

SCHEDULE 11 Procedure in Connection with Certain Orders under Part II

Sections 29 and 34.

Coming into operation

F452 1

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

Publicity for orders

F453 2

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

Unopposed orders

F454 3

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

Opposed orders

F455 4

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

Restriction on power to amend orders or confirm them with modifications

F456 5

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

Notice of final decision on orders

F457 6

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

Proceedings for questioning validity of orders

F458 7

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

Interpretation

F459 8

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

F530 SCHEDULE 12 Procedure in Connection With Orders Under Section 36

Section 36.

Annotations:

Amendments (Textual)

F530

Sch. 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)

Consultation

F530 1

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

Publicity for draft orders

F530 2

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

Unopposed orders

F530 3

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

Opposed orders

F530 4

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

Restriction on power to make orders with modifications

F530 5

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

Local inquiries

F530 6

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

Notice of making of orders

F530 7

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

Proceedings for questioning validity of orders

F530 8

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

Supplemental

F530 9

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

F460 SCHEDULE 13

Annotations:

Amendments (Textual)

F460

Sch. 13 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , ss. 105(1)(2) , 107 , Sch. 11 para. 98 , Sch. 12 ; S.I. 2006/2441 , art. 2

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

SCHEDULE 14 Applications for Certain Orders Under Part III

Section 53.

Form of applications

1

An 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 applications

2

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 F461(which may include a direction as to the time within which an order is to be made).

Interpretation

5

1

In this Schedule—

“ application ” means an application under section 53(5);
“ local authority ” means F462 a non-metroplitan district council , a parish F463 . . . council or the parish meeting of a parish not having a separate parish council F464 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.

SCHEDULE 15 Procedure in Connection with Certain Orders Under Part III

Sections 53 and 54.

Consultation

1

Before making an order, the authority shall consult with every local authority whose area includes the land to which the order relates.

Coming into operation

2

An 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 orders

3

1

On making an order, the authority shall give notice in the prescribed form—

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 F465, 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 F466(1)(c) or (8) shall be construed as limiting F467the 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.

Representations or objections made with respect to abandoned surveys or reviews

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.

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 orders

5

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 F471, which must include particulars of the grounds relied on, may be made;

F472b

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.

Local inquiries

F473 9

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

Appointment of inspectors etc.

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.

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.

F475 Hearings and local inquiries

Annotations:

Amendments (Textual)

F475

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)

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.

2

In this Schedule—

“ council offices ” means offices or buildings acquired or provided by the authority or by a local authority;
“ local authority ” means F476 a non-metropolitan district council , a parish F477 . . . council or the parish meeting of a parish not having a separate parish council F478 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.

X13 SCHEDULE 16 Orders Creating, Extinguishing or Diverting Footpaths or Bridleways

Section 63.

Annotations:

Editorial Information

X13

The 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.

F479 1

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

The Highways Act 1980

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”.

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”.

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.

7

After 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—

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.

9

After 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.

Supplemental

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.

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.

X14SCHEDULE 17 Enactments repealed

Section 73.

Annotations:

Editorial Information

X14

The 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 I Enactments repealed one month after the passing of this Act

Chapter	Short title	Extent 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 II Enactments repealed on a day to be appointed

Chapter	Short title	Extent of repeal
2 & 3 Geo. 5. c. 14	The 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. 36	The 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.

Wildlife and Countryside Act 1981

Part I Wildlife

Protection of birds F487and prevention of poaching

E11 Protection of wild birds, their nests and eggs.

1

a

F4aa

b

c

2

a

b

3

a

b

F5563ZA

F103A

a

b

c

d

4

5

a

b

F166

6A

7

E22 Exceptions to s. 1.

1

2

a

b

c

3

4

a

b

c

d

5

C2C346

7

E33 Areas of special protection.

1

a

i

ii

iii

iv

v

b

c

2

a

b

c

d

3

4

5

a

b

c

E44 Exceptions to ss. 1 and 3.

1

a

b

c

2

a

b

c

3

a

b

c

F214

5

a

C2 C346