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Wildlife and Countryside Act 1981

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SCHEDULES

[F1SCHEDULE ZA1E+WBirds which re-use their nests

Textual Amendments

NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]

Common nameScientific name
Eagle, GoldenAquila chrysaetos
Eagle, White-tailedHaliaetus albicilla
OspreyPandion haliaetus

[F2SCHEDULE A1SProtected nests and nest sites: birds

Textual Amendments

Common nameScientific name
[F3Eagle, Golden Aquila chrysaetos]
Eagle, White-tailedHaliaetus albicilla]

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

SCHEDULE 1E+W+S Birds which are Protected by Special Penalties

Part IE+W+S At All Times

Common nameScientific name
AvocetRecurvirostra avosetta
Bee-eaterMerops apiaster
BitternBotaurus stellaris
Bittern, LittleIxobrychus minutus
BluethroatLuscinia svecica
BramblingFringilla montifringilla
Bunting, CirlEmberiza cirlus
Bunting, LaplandCalcarius lapponicus
Bunting, SnowPlectrophenax nivalis
Buzzard, HoneyPernis apivorus
[F4Capercaillie][F4 Tetracurogallus]
ChoughPyrrhocorax pyrrhocorax
CorncrakeCrex crex
Crake, SpottedPorzana porzana
Crossbills (all species)Loxia
Curlew, StoneBurhinus oedicnemus
Divers (all species)Gavia
DotterelCharadrius morinellus
Duck, Long-tailedClangula hyemalis
Eagle, GoldenAquila chrysaetos
Eagle, White-tailedHaliaetus albicilla
Falcon, GyrFalco rusticolus
FieldfareTurdus pilaris
FirecrestRegulus ignicapillus
GarganeyAnas querquedula
Godwit, Black-tailedLimosa limosa
GoshawkAccipiter gentilis
Grebe, Black-neckedPodiceps nigricollis
Grebe, SlavonianPodiceps auritus
GreenshankTringa nebularia
Gull, LittleLarus minutus
Gull, MediterraneanLarus melanocephalus
Harriers (all species)Circus
Heron, PurpleArdea purpurea
HobbyFalco subbuteo
HoopoeUpupa epops
KingfisherAlcedo atthis
Kite, RedMilvus milvus
MerlinFalco columbarius
Oriole, GoldenOriolus oriolus
OspreyPandion haliaetus
Owl, BarnTyto alba
Owl, SnowyNyctea scandiaca
PeregrineFalco peregrinus
Petrel, Leach’sOceanodroma leucorhoa
Phalarope, Red-neckedPhalaropus lobatus
Plover, KentishCharadrius alexandrinus
Plover, Little RingedCharadrius dubius
Quail, CommonCoturnix coturnix
Redstart, BlackPhoenicurus ochruros
RedwingTurdus iliacus
Rosefinch, ScarletCarpodacus erythrinus
RuffPhilomachus pugnax
Sandpiper, GreenTringa ochropus
Sandpiper, PurpleCalidris maritima
Sandpiper, WoodTringa glareola
ScaupAythya marila
Scoter, CommonMelanitta nigra
Scoter, VelvetMelanitta fusca
SerinSerinus serinus
ShorelarkEremophila alpestris
Shrike, Red-backedLanius collurio
SpoonbillPlatalea leucorodia
Stilt, Black-wingedHimantopus himantopus
Stint, Temminck’sCalidris temminckii
Swan, Bewick’sCygnus bewickii
Swan, WhooperCygnus cygnus
Tern, BlackChlidonias niger
Tern, LittleSterna albifrons
Tern, RoseateSterna dougallii
Tit, BeardedPanurus biarmicus
Tit, CrestedParus cristatus
Treecreeper, Short-toedCerthia brachydactyla
Warbler, Cetti’sCettia cetti
Warbler, DartfordSylvia undata
Warbler, MarshAcrocephalus palustris
Warbler, Savi’sLocustella luscinioides
WhimbrelNumenius phaeopus
WoodlarkLullula arborea
WryneckJynx torquilla

Textual Amendments

F4 Sch. 1 Pt. I : Words inserted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(3)

Part IIE+W+S During the Close Season

Common nameScientific name
GoldeneyeBucephala clangula
Goose, Greylag (in Outer Hebrides, Caithness, Sutherland and Wester Ross only)Anser anser
PintailAnas acuta

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the comon name or names shall not be taken into account.

[F5SCHEDULE 1ASBirds which are Protected from Harassment

Textual Amendments

Common nameScientific name
[F6Eagle, Golden Aquila chrysaetos]
Eagle, White-tailedHaliaetus albicilla
[F6Harrier, Hen Circus cyaneus]
[F6Kite, Red Milvus milvus]]

Sections 2, 3, and 22.

SCHEDULE 2E+W+S Birds which may be Killed or Taken

Part IE+W+S Outside the Close Season

Common nameScientific name
[F7Capercaillie][F7Tetrao urogallus]
CootFulica atra
Duck, TuftedAythya fuligula
GadwallAnas strepera
GoldeneyeBucephala clangula
Goose, CanadaBranta canadensis
Goose, GreylagAnser anser
Goose, Pink-footedAnser brachyrhynchus
Goose, White-fronted (in England and Wales only) [F8, except F9... Greenland White-fronted Goose]Anser albifrons [F10except F11... Anser albifrons flavirostris]
[F12Grouse, BlackTetrao tetrix]
[F12Grouse, RedLagopus lagopus scoticus]
MallardAnas platyrhynchos
MoorhenGallinula chloropus
[F13Partridge, GreyPerdix perdix]
[F13Partridge, Red-leggedAlectoris rufa]
[F14Pheasant, CommonPhasianus colchicus]
PintailAnas acuta
Plover, GoldenPluvialis apricaria
PochardAythya ferina
[F14PtarmiganLagopus mutus]
ShovelerAnas clypeata
Snipe, CommonGallinago gallinago
TealAnas crecca
WigeonAnas penelope
WoodcockScolopax rusticola

[F15Part IASException: birds included in Part I which may not be killed or taken on Sundays or Christmas Day

Textual Amendments

Common nameScientific name
CootFulica atra
Duck, TuftedAythya fuligula
GadwallAnas strepera
GoldeneyeBucephala clangula
Goose, CanadaBranta canadensis
Goose, GreylagAnser anser
Goose, Pink-footedAnser brachyrhynchus
MallardAnas platyrhynchos
MoorhenGallinula chloropus
PintailAnas acuta
Plover, GoldenPluvialis apricaria
PochardAythya ferina
ShovelerAnas clypeata
Snipe, CommonGallinago gallinago
TealAnas crecca
WigeonAnas penelope
WoodcockScolopax rusticola]

Part IIE+W+S By Authorised Persons at all Times

Common nameScientific name
F16. . .F16. . .
F16. . .F16. . .
F16. . .F16. . .
F16. . .F16. . .
F16. . .F16. . .
F16. . .F16. . .
F16. . .F16. . .
F16. . .F16. . .
F16. . .F16. . .
F16. . .F16. . .
F16. . .F16. . .
F16. . .F16. . .
F16. . .F16. . .

Textual Amendments

F16 Words in Sch.2 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.2 .

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 6 and 22.

SCHEDULE 3E+W+S Birds which may be Sold

Part IE+W+S Alive at all Times if Ringed and Bred in Captivity

Common nameScientific name
BlackbirdTurdus merula
BramblingFringilla montifringilla
BullfinchPyrrhula pyrrhula
Bunting, ReedEmberiza schoeniclus
ChaffinchFringilla coelebs
DunnockPrunella modularis
GoldfinchCarduelis carduelis
GreenfinchCarduelis chloris
JackdawCorvus monedula
JayGarrulus glandarius
LinnetCarduelis cannabina
MagpiePica pica
Owl, BarnTyto alba
RedpollCarduelis flammea
SiskinCarduelis spinus
StarlingSturnus vulgaris
Thrush, SongTurdus philomelos
TwiteCarduelis flavirostris
YellowhammerEmberiza citrinella

[F17Part IASAlive if taken in captivity or by certain persons outside close season or during first 28 days of close season

Textual Amendments

Common nameScientific name
Grouse, RedLagopus lagopus scoticus
MallardAnas platyrhynchos
Partridge, GreyPerdix perdix
Partridge, Red-leggedAlectoris rufa
Pheasant, CommonPhasianus colchicus]

Part IIE+W+S Dead at all Times

Common nameScientific name
F18. . .F18. . .
WoodpigeonColumba palumbus

Textual Amendments

F18 Words in Sch. 3 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.3 .

[F19Part IIASDead if killed outside close season by certain persons

Textual Amendments

Common nameScientific name
CootFulica atra
Duck, TuftedAythya fuligula
Grouse, BlackTetrao tetrix
Grouse, RedLagopus lagopus scoticus
MallardAnas platyrhynchos
Partridge, GreyPerdix perdix
Partridge, Red-leggedAlectoris rufa
Pheasant, CommonPhasianus colchicus
PintailAnas acuta
Plover, GoldenPluvialis apricaria
PochardAythya ferina
PtarmiganLagopus mutus
ShovelerAnas clypeata
Snipe, CommonGallinago gallinago
TealAnas crecca
WigeonAnas penelope
WoodcockScolopax rusticola]

Part IIIE+W+S Dead from 1st September to 28th February

Common nameScientific name
[F20 Capercaillie][F20Tetrao urogallus]
[F21Coot][F21Fulica atra]
[F21Duck, Tufted][F21Aythya fuligula]
[F21Mallard][F21Anas platyrhynchos]
[F21Pintail][F21Anas acuta]
[F21Plover, Golden][F21Pluvialis apricaria]
[F21Pochard][F21Aythya ferina]
[F21Shoveler][F21Anas clypeata]
[F21Snipe, Common][F21Gallinago gallinago]
[F21Teal][F21Anas crecca]
[F21Wigeon][F21Anas penelope]
[F21Woodcock][F21Scolopax rusticola]

Textual Amendments

F20 Sch. 3 Pt. III : Words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(5)

F21 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)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 7 and 22.

SCHEDULE 4E+W+S Birds Which Must Be Registered and Ringed if Kept in Captivity

Common nameScientific name
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F23. . . F23. . .
F23. . . F23. . .
F23. . . F23. . .
F23. . . F23. . .
F22. . .F22. . .
F22. . .F22. . .
F23. . . F23. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
[F24Falcons (all species)][F24Falconidae]
F23. . . F23. . .
F23. . . F23. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
[F24Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case)][F24Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps)]
F22. . .F22. . .
F22. . .F22. . .
F23. . . F23. . .
OspreyPandion haliaetus
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F23. . . F23. . .
F23. . . F23. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F23. . . F23. . .
F23. . . F23. . .
F23. . . F23. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F22. . .F22. . .
F23. . . F23. . .
F23. . . F23. . .
F22. . .F22. . .
F23. . . F23. . .
F23. . . F23. . .
F23. . . F23. . .
F23. . . F23. . .
F22. . .F22. . .
F23. . . F23. . .
F23. . . F23. . .
F25. . .

Textual Amendments

F22 Entries in Sch. 4 removed (24.5.1994) by S.I. 1994/1151 , art. 2

F24 Sch. 4 : entries removed (24.5.1994) subject to specified exceptions by The Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 (S.I. 1994/1151) , art. 2 ; and further specified entries (except the entries for Falcon, Peregrine (Falco peregrinus) and Merlin (Falco columbarius) under the heading "Falcons (all species)" and except the entries for Buzzard, Honey (Pernis apivorus), Eagle, Golden (Aquila chrysaetos), Eagle, White-tailed (Haliaeetus albicilla), Goshawk (Accipter gentilis), Harrier, Marsh (Circus aeruginosus) and Harrier, Montagu's (Circus pygargus) under the heading "Hawks, True") omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356) , arts. 2 , 3(1)(2) ; and those same specified entries omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780) , art. 2(2) ; and those same specified entries removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418) , art. 2(1)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 9, 10, 22 and 24.

F26SCHEDULE 5E+W Animals which are Protected

Extent Information

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

Textual Amendments

F26 By S.I. 1988/288 , art. 2(2) it is provided that all Dolphins (Cetacea) and all Porpoises (Cetacea) not already listed in Schedule 5 are added to that Schedule and by S.I. 2007/1843 , reg. 7(7)(g) it is provided that said Dolphins (all species) and Porpoises (all species) are omitted (E.W.) (21.8.2007)

Common nameScientific name
[F27Adder (in respect of section 9(5) only)][F27Vipera berus]
[F28Allis Shad (in respect of section 9(1) and (4)(a) only)][F28Alosa alosa]
[F29Anemone, Ivell’s Sea][F29Edwardsia ivelli]
[F29Anemone, Startlet Sea][F29Nematosella vectensis]
[F29Apus][F29Triops cancriformis]
Bats, Horseshoe (all species [F30but in respect of section 9(4)(b) and (c) and (5) only])Rhinolophidae
Bats, Typical (all species [F31but in respect of section 9(4)(b) and (c) and (5) only])Vespertilionidae
[F32Beetle] [F32Graphoderus zonatus]
[F32Beetle] [F32Hypebaeus flavipes]
[F32Beetle] [F32Paracymus aeneus]
[F32Beetle, Lesser Silver Water] [F32Hydrochara caraboides]
[F32Beetle, Mire Pill (in respect of section 9(4)(a) only)] [F32Curimopsis nigrita]
Beetle, Rainbow LeafChrysolina cerealis
[F33Beetle, Stag (in respect of section 9(5) only)][F33Lucanus cervus]
[F29Beetle, Violet Click][F29Limoniscus violaceus]
BurbotLota lota
. . . F34 . . . F34
[F35Butterfly, Northern Brown Argus][F35Aricia artaxerxes]
[F35Butterfly, Adonis Blue][F35Lysandra bellargus]
[F35Butterfly, Chalkhill Blue][F35Lysandra coridon]
[F35Butterfly, Silver-studded Blue][F35Plebejus argus]
[F35Butterfly, Small Blue][F35Cupido minimus]
[F28Butterfly, Large Copper][F28Lycaena dispar]
[F35Butterfly, Purple Emperor][F35Apatura iris]
[F35Butterfly, Duke of Burgandy Fritillary][F35Hamearis lucina]
[F35Butterfly, Glanville Fritillary][F35Melitaea cinxia]
Butterfly, Heath FritillaryMellicta athalia (otherwise known as Melitaea athalia)
[F36Butterfly, High Brown Fritillary][F36Argynnis adippe]
[F28Butterfly, Marsh Fritillary][F28Eurodryas aurinia]
[F35Butterfly, Pearl-bordered Fritillary][F35Boloria euphrosyne]
[F35Butterfly, Black Hairstreak][F35Strymonidia pruni]
[F35Butterfly, Brown Hairstreak][F35Thecla betulae]
[F35Butterfly, White Letter Hairstreak][F35Stymonida w-album]
[F35Butterfly, Large Heath][F35Coenonympha tullia]
Butterfly, Large Blue[F37 (in respect of section 9(4)(b) and (c) and (5) only)]Maculinea arion
[F35Butterfly, Mountain Ringlet][F35Erebia epiphron]
. . . F34 . . . F34
[F35Butterfly, Chequered Skipper][F35Carterocephalus palaemon]
[F35Butterfly, Lulworth Skipper][F35Thymelicus acteon]
[F35Butterfly, Silver Spotted Skipper][F35Hesperia comma]
Butterfly, SwallowtailPapilio machaon
[F35Butterfly, Large tortoiseshell][F35Nymphalis polychloros]
[F35Butterfly, Wood White][F35Leptidea sinapis]
[F29Cat, Wild][F37 (in respect of section 9(4)(b) and (c) and (5) only)][F29Felis silverstris]
[F29Cicada, New Forest][F29Cicadetta montana]
[F38Crayfish, Atlantic Stream][F38Austropotamobius pallipes]
Cricket, FieldGryllus campestris
Cricket, MoleGryllotalpa gryllotalpa
[F33Dameselfly, Southern][F33Coenagrion mercuriale]
F39. . . F39. . .
F39. . . F39. . .
[F40“Dolphins (all species but in respect of section 9(4A) and (5) only)Cetacea”]
[F29Dormouse][F37 (in respect of section 9(4)(b) and (c) and (5) only)][F29Muscardinus avellanarius]
Dragonfly, Norfolk AeshnaAeshna isosceles
Frog, Common (in respect of section 9(5) only)Rana temporaria
[F41Frog, Pool (Northern Clade) (in respect of section 9(4)(b) and (c)(1) only and with respect to England only)][F41Pelophylax lessonae]
[F33Goby, Couch’s][F33Gobius couchii]
[F33Goby, Giant][F33Gobius cobitis]
Grasshopper, Wart-biterDecticus verrucivorus
[F32Hatchet Shell, Northern] [F32Thyasira gouldi]
[F33Hydroid, Marine][F33Clavopsella navis]
F42. . .F42. . .
[F32Lagoon Snail, De Folin’s] [F32Caecum armoricum]
[F32Lagoon Worm, Tentacled [F43(in respect of section 9(4)(a) only)]] [F32Alkmaria romijni]
[F29Leech, Medicinal][F29Hirudo medicinalis]
Lizard, Sand[F37 (in respect of section 9(4)(b) and (c) and (5) only)]Lacerta agilis
[F44Lizard, Viviparous (in respect of section 9(5) only)][F44Lacerta vivipara]
[F29Marten, Pine][F29Martes martes]
[F29Mat. Trembling Sea][F29Victorella pavida]
Moth, Barberry CarpetPareulype berberata
Moth, Black-veinedSiona lineata (otherwise known as Idaea lineata)
F42. . .F42. . .
[F33Moth, Fiery Clearwing][F33Bembecia chrysidiformis]
[F33Moth, Fisher’s Estuarine][F45(in respect of section 9(4)(b) and (c) and (5) only)][F33Gortyna borelii]
Moth, New Forest BurnetZygaena viciae
Moth, Reddish BuffAcosmetia caliginosa
[F41Moth, Slender Scotch Burnet (in respect of section 9(5) only)][F41Zygaena loti subspecies scotica]
[F32Moth, Sussex Emerald] [F32Thalera fimbrialis]
[F41Moth, Talisker Burnet (in respect of section 9(5) only)][F41Zygaena lonicerae subspecies jocelynae]
F46. . .F46. . .
[F33Mussel, Fan (in respect of section 9(1), (2) and (5) only)][F33Atrina fragilis]
[F47Mussel, Freshwater Pearl][F47Margaritifera margaritifera]
[F48Newt, Great Crested or Warty (in respect of section 9(4)(b) and (c) and (5) only)]Triturus cristatus
Newt, Palmate (in respect of section 9(5) only)Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)Triturus vulgaris
Otter, Common[F37 (in respect of section 9(4)(b) and (c) and (5) only)]Lutra lutra
F39. . . F39. . .
[F49“Porpoises (all species but in respect of section 9(5) only)Cetacea”]
[F29Sandworm, Lagoon][F29Armandia cirrhosa]
[F32Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only] [F32Eunicella verrucosa]
[F50Seahorse, Short Snouted (with respect to England [F51and Wales]only)][F50Hippocampus hippocampus]
[F50Seahorse, Spiny (with respect to England [F52and Wales]only)][F50Hippocampus guttulatus]
[F32Sea Slug, Lagoon] [F32Tenellia adspersa]
[F33Shad, Twaite (in respect of [F53section 9(1) and (4)(a)]only)][F33Alosa fallax]
[F50Shark, Angel [F54(in respect of section 9(1), (2) and (5) only)]][F50Squatina squatina]
[F33Shark, Basking][F33Cetorhinus maximus]
[F29Shrimp, Fairy][F29Chirocephalus diaphanus]
[F29Shrimp, Lagoon Sand [F55(in respect of section 9(4)(a) only)]][F29Gammarus insensiblis]
[F41Skate, White (in respect of section 9(1), (2) and (5) only)][F41Rostroraja alba]
[F44Slow-worm (in respect of section 9(5) only)][F44Anguis fragilis]
F34. . .F34 . . .
Snail, GlutinousMyxas glutinosa
[F50Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England [F56and Wales]only)][F50Helix pomatia]
Snail, SandbowlCatinella arenaria
[F44Snake, Grass (in respect of section 9(5) only)][F44Natrix helvetica (also known as Natrix natrix)]
Snake, Smooth[F37 (in respect of section 9(4)(b) and (c) and (5) only)]Coronella austriaca
Spider, Fen RaftDolomedes plantarius
Spider, LadybirdEresus niger
Squirrel, RedSciurus vulgaris
[F32Sturgeon][F37 (in respect of section 9(4)(b) and (c) and (5) only)] [F32Acipenser sturio]
Toad, Common (in respect of section 9(5) only)Bufo bufo
Toad, Natterjack[F37 (in respect of section 9(4)(b) and (c) and (5) only)]Bufo calamita
[F57“Turtle, FlatbackNatator depressus”]
[F58Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only)Chelonia mydas]
[F59Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only)Eretmochelys imbricata]
[F60Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only)Lepidochelys kempii]
[F61Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only)Dermochelys coriacea]
[F62Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only)Caretta caretta]
[F63Turtle, Olive RidleyLepidochelys olivacea]
F64. . . F64. . .
[F29Vendace][F29Coregonus albula]
[F33Vole, Water F65. . . ][F33Arvicola terrestris]
[F29Walrus][F29Odebenus rosmarus]
[F29Whale (all species)][F66 but in respect of section 9(4A) and (5) only][F29Cetacea]
[F29Whitefish][F29Coregonus lavaretus]

Textual Amendments

F27 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

F28 By virtue of S.I. 1998/878 , art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F29 Entry added as provided by S.I. 1988/288 , art. 2(1)

F32 Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350 , art. 2(1)

F33 Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878 , art. 2(1)

F34 Entry removed from Schedule as provided by S.I. 1988/288 , art. 2(5)

F35 Entry added (in respect of s. 9(5) only) by S.I. 1989/906 , art. 2

F36 Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350 , art. 2(2)

F38 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)

F39 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)

F44 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

F46 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)

F47 By virtue of S.I. 1998/878 , art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

F49 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)}

F51 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)

F52 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)

F56 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)

F57 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)}

F58 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)}

F59 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)}

F60 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)}

F61 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)}

F62 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)}

F63 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)}

F64 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)

F65 Sch. 5 : words in entry relating to "Vole, Water" omitted (E.W.) (12.8.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (Wales) Order 2008 (S.I. 2008/1927) , art. 2(e)

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

[F67 NOTE 2. F68...]

Extent Information

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

Textual Amendments

F26 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)

Sections 9, 10, 22 and 24.

SCHEDULE 5S Animals which are Protected [F144under Section 9]

Extent Information

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

Textual Amendments

Modifications etc. (not altering text)

C1 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.S.I. 2007/80 , reg. 28 it is provided that said Dolphins (all species) and Porpoises (all species) are removed (S.) (15.2.2007)

Common nameScientific name
[F27Adder (in respect of section 9(5) only)][F27Vipera berus]
[F28Allis Shad (in respect of section 9(1) and (4)(a) only)][F28Alosa alosa]
[F29Anemone, Ivell’s Sea][F29Edwardsia ivelli]
[F29Anemone, Startlet Sea][F29Nematosella vectensis]
[F29Apus][F29Triops cancriformis]
F145. . .F145. . .
F145. . .F145. . .
[F32Beetle] [F32Graphoderus zonatus]
[F32Beetle] [F32Hypebaeus flavipes]
[F32Beetle] [F32Paracymus aeneus]
[F32Beetle, Lesser Silver Water][F32Hydrochara caraboides]
[F32Beetle, Mire Pill (in respect of section 9(4)(a) only)][F32Curimopsis nigrita]
Beetle, Rainbow LeafChrysolina cerealis
[F33Beetle, Stag (in respect of section 9(5) only)][F33Lucanus cervus]
[F29Beetle, Violet Click][F29Limoniscus violaceus]
BurbotLota lota
. . . F34 . . . F34
[F35Butterfly, Northern Brown Argus][F35Aricia artaxerxes]
[F35Butterfly, Adonis Blue][F35Lysandra bellargus]
[F35Butterfly, Chalkhill Blue][F35Lysandra coridon]
[F35Butterfly, Silver-studded Blue][F35Plebejus argus]
[F35Butterfly, Small Blue][F35Cupido minimus]
[F28Butterfly, Large Copper][F28Lycaena dispar]
[F35Butterfly, Purple Emperor][F35Apatura iris]
[F35Butterfly, Duke of Burgandy Fritillary][F35Hamearis lucina]
[F35Butterfly, Glanville Fritillary][F35Melitaea cinxia]
Butterfly, Heath FritillaryMellicta athalia (otherwise known as Melitaea athalia)
[F36Butterfly, High Brown Fritillary][F36Argynnis adippe]
[F28Butterfly, Marsh Fritillary][F28Eurodryas aurinia]
[F35Butterfly, Pearl-bordered Fritillary][F35Boloria euphrosyne]
[F35Butterfly, Black Hairstreak][F35Strymonidia pruni]
[F35Butterfly, Brown Hairstreak][F35Thecla betulae]
[F35Butterfly, White Letter Hairstreak][F35Stymonida w-album]
[F35Butterfly, Large Heath][F35Coenonympha tullia]
F145. . .F145. . .
[F35Butterfly, Mountain Ringlet][F35Erebia epiphron]
. . . F34 . . . F34
[F35Butterfly, Chequered Skipper][F35Carterocephalus palaemon]
[F35Butterfly, Lulworth Skipper][F35Thymelicus acteon]
[F35Butterfly, Silver Spotted Skipper][F35Hesperia comma]
Butterfly, SwallowtailPapilio machaon
[F35Butterfly, Large tortoiseshell][F35Nymphalis polychloros]
[F35Butterfly, Wood White][F35Leptidea sinapis]
F145. . .F145. . .
[F29Cicada, New Forest][F29Cicadetta montana]
[F38Crayfish, Atlantic Stream][F38Austropotamobius pallipes]
Cricket, FieldGryllus campestris
Cricket, MoleGryllotalpa gryllotalpa
[F33Dameselfly, Southern][F33Coenagrion mercuriale]
Dolphin, Bottle-nosedTursiops truncatus (otherwise known as Tursiops tursio)
Dolphin, CommonDelphinus delphis
F145. . .F145. . .
Dragonfly, Norfolk AeshnaAeshna isosceles
Frog, Common (in respect of section 9(5) only)Rana temporaria
[F33Goby, Couch’s][F33Gobius couchii]
[F33Goby, Giant][F33Gobius cobitis]
Grasshopper, Wart-biterDecticus verrucivorus
[F32Hatchet Shell, Northern][F32Thyasira gouldi]
[F33Hydroid, Marine][F33Clavopsella navis]
[F32Lagoon Snail][F32Paludinella littorina]
[F32Lagoon Snail, De Folin’s] [F32Caecum armoricum]
[F32Lagoon Worm, Tentacled][F32Alkmaria romijni]
[F29Leech, Medicinal][F29Hirudo medicinalis]
F145. . .F145. . .
[F44Lizard, Viviparous (in respect of section 9(5) only)][F44Lacerta vivipara]
[F29Marten, Pine][F29Martes martes]
[F29Mat. Trembling Sea][F29Victorella pavida]
Moth, Barberry CarpetPareulype berberata
Moth, Black-veinedSiona lineata (otherwise known as Idaea lineata)
Moth, Essex EmeraldThetidia smaragdaria
[F33Moth, Fiery Clearwing][F33Bembecia chrysidiformis]
[F33Moth, Fisher’s Estuarine][F33Gortyna borelii]
Moth, New Forest BurnetZygaena viciae
Moth, Reddish BuffAcosmetia caliginosa
[F32Moth, Sussex Emerald][F32Thalera fimbrialis]
F46. . .F46. . .
[F33Mussel, Fan (in respect of section 9(1), (2) and (5) only)][F33Atrina fragilis]
[F47Mussel, Freshwater Pearl][F47Margaritifera margaritifera]
F145. . .F145. . .
Newt, Palmate (in respect of section 9(5) only)Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)Triturus vulgaris
F145. . .F145. . .
Porpoise, Harbour (otherwise known as Common porpoise)Phocaena phocaena
[F29Sandworm, Lagoon][F29Armandia cirrhosa]
[F32Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only][F32Eunicella verrucosa]
[F32Sea Slug, Lagoon][F32Tenellia adspersa]
[F33Shad, Twaite (in respect of section 9(4)(a) only)][F33Alosa fallax]
[F33Shark, Basking][F33Cetorhinus maximus]
[F29Shrimp, Fairy][F29Chirocephalus diaphanus]
[F29Shrimp, Lagoon Sand][F29Gammarus insensiblis]
[F44Slow-worm (in respect of section 9(5) only)][F44Anguis fragilis]
F34 . . .F34 . . .
Snail, GlutinousMyxas glutinosa
Snail, SandbowlCatinella arenaria
[F44Snake, Grass (in respect of section 9(5) only)][F44Natrix helvetica (also known as Natrix natrix)]
F145. . .F145. . .
Spider, Fen RaftDolomedes plantarius
Spider, LadybirdEresus niger
Squirrel, RedSciurus vulgaris
F145. . .F145. . .
Toad, Common (in respect of section 9(5) only)Bufo bufo
F145. . .F145. . .
F145. . .F145. . .
[F29Vendace][F29Coregonus albula]
[F33Vole, Water (in respect of section 9(4) only)][F33Arvicola terrestris]
[F29Walrus][F29Odebenus rosmarus]
F145. . .F145. . .
[F29Whitefish][F29Coregonus lavaretus]

Textual Amendments

F27 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

F28 By virtue of S.I. 1998/878 , art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries

F29 Entry added as provided by S.I. 1988/288 , art. 2(1)

F32 Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350 , art. 2(1)

F33 Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878 , art. 2(1)

F34 Entry removed from Schedule as provided by S.I. 1988/288 , art. 2(5)

F35 Entry added (in respect of s. 9(5) only) by S.I. 1989/906 , art. 2

F36 Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350 , art. 2(2)

F38 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)

F44 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

F46 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)

F47 By virtue of S.I. 1998/878 , art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry

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.

(introduced by sections 10A and 22)

[F69SCHEDULE 5ASAnimals which are Protected under Section 10A in their Close Season

Textual Amendments

Common nameScientific name
Hare, mountainLepus timidus
Hare, brownLepus europaeus]

Sections 11 and 22.

SCHEDULE 6E+W+S Animals which may not be Killed or Taken by Certain Methods

Common nameScientific name
BadgerMeles meles
[F70Bats, Horseshoe (all species)Rinolophidae]
[F70Bats, Typical (all species)Vespertilionidae]
[F70Cat, WildFelis silvestris]
[F70Dolphin, Bottle-nosedTursiops truncatus (otherwise known as Tursiops tursio)]
[F70Dolphin, CommonDelphinis delphis]
[F70Dormice (all species)Gliridae]
HedgehogErinaceus europaeus
[F70Marten, PineMartes martes]
[F70Otter, CommonLutra lutra]
[F70PolecatMustela putorius]
[F70Porpoise, Harbour (otherwise known as Common porpoise)Phocaena phocaena]
Shrews (all species)Soricidae
Squirrel, RedSciurus vulgaris

Textual Amendments

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Section 11(2)

[F71SCHEDULE 6ZAU.K.Animals which may not be killed or taken by trapping or snaring

Common nameScientific name
BadgerMeles meles
Beaver, EuropeanCastor fiber
Marten, PineMartes martes
Otter, CommonLutra lutra
Stoat (otherwise known as Ermine)Mustela erminea

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]

(introduced by sections 11G and 22)

[F72SCHEDULE 6ASAnimals not to be Poached

Textual Amendments

Common nameScientific name
Hare, mountainLepus timidus
Hare, brownLepus europaeus
RabbitOryctolagus cuniculus]

SCHEDULE 7E+W+S[F73 Protection of Certain Mammals] [F73Amendment of Acts In Relation To Night Shooting of Hares and Rabbits]

Textual Amendments

The Ground Game Act 1880E+W+S

1(1) Notwithstanding the provisions of section 6 of the M1 Ground Game Act 1880, it shall not be unlawful for the occupier of any land himself, or one other person authorised by him under section 1 of that Act, to use firearms for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise if (except where he has the exclusive right) the occupier has the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land. E+W+S

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

Marginal Citations

The Agriculture (Scotland) Act 1948E+W+S

2(1) Notwithstanding the provisions of section 50(1)(a) of the M2 Agriculture (Scotland) Act 1948, it shall not be unlawful for the owner of the shooting rights on any land or any person holding those rights from him, or subject to sub-paragraph (2) below the occupier of any land, to use a firearm for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise. E+W+S

(2)The occupier of any land shall not use a firearm as mentioned in sub-paragraph (1) above unless (except where he has the exclusive right) he has first obtained the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.

(3)An occupier who is entitled, in terms of this paragraph, to use a firearm for the purpose of killing ground game may, subject to the provisions of section 1 of the Ground Game Act 1880, authorise one other person so to use a firearm.

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

Marginal Citations

The Dogs (Protection of Livestock) Act 1953E+W+S

X1 3 (1) At the end of subsection (2) of section 1 of the M3 Dogs (Protection of Livestock) Act 1953 (penalty where dog worries livestock on agricultural land) there shall be inserted the words or E+W+S

(c)being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep.

(2)After that subsection there shall be inserted the following subsection—

(2A)Subsection (2)(c) of this section shall not apply in relation to—

(a)a dog owned by, or in charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either of those persons ; or

(b)a police dog, a guide dog, a trained sheep dog, a working gun dog or a pack of hounds.

Editorial Information

X1The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

The Deer Act 1963E+W+S

X2 [F74 4 S For subsection (3) of section 10 of the M4 Deer Act 1963 (general exceptions) there shall be substituted the following subsections—

(3)A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of any smooth-bore gun for the purpose of killing any deer if he shows that the deer had been so seriously injured otherwise than by his unlawful act or was in such a condition that to kill it was an act of mercy.

(4)A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use as a slaughtering instrument, for the purpose of killing any deer, of a smooth-bore gun which—

(a)is of not less gauge than 12 bore ;

(b)has a barrel less than 24 inches (609.6 millimetres) in length ; and

(c)is loaded with a cartridge purporting to contain shot none of which is less than .203 inches (5.16 millimetres) in diameter (that is to say, size AAA or any larger size).]

Editorial Information

X2The 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.

Textual Amendments

F74 Sch. 7 para. 4 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3) , ss. 17(6) , 18(3) , Sch.4 .

Marginal Citations

X3 [F75 5 (1)After section 10 of that Act there shall be inserted the following section—S

10A Exceptions for authorised persons.

(1)Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of—

(a)the taking of killing of any deer by means of shooting ; or

(b)the injuring of any deer by means of shooting in an attempt to take or kill it,

on any cultivated land, pasture or enclosed woodland.

(2)Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of—

(a)the taking or killing of any deer by means of shooting ; or

(b)the injuring of any deer by means of shooting in an attempt to take or kill it,

on any cultivated land, pasture or enclosed woodland.

(2)Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use, for the purpose of taking or killing any deer on any land, of any smooth-bore gun of not less guage than 12 bore which is loaded with—

(a)a cartridge containing a single non-spherical projectile weighing not less than 350 grains (22.68 grammes) ; or

(b)a cartridge purporting to contain shot each of which is .203 inches (5.16 millimetres) in diameter (that is to say, size AAA).

(3)An authorised person shall not be entitled to rely on the defence provided by subsection (1) or (2) of this section as respects anything done in relation to any deer on any land unless he shows that—

(a)he had reasonable grounds for believing that caused, damage to crops, vegetables, fruit, growing timber or any other form of property on the land ;

(b)it was likely that further damage would be so caused and any such damage was likely to be serious ; and

(c)his action was necessary for the purpose of preventing any such damage.

(4)The Secretary of State and the agriculture Minister acting jointly may by order, either generally or in relation to any area or any species and description of deer specified in the order, repeal subsection (2) of this section or amend it by adding any firearm or ammunition or by altering the description of, or deleting, any firearm or ammunition mentioned in it, or by adding any further conditions which must be satisfied.

(5)Before making an order under subsection (4) of this section, the Secretary of State and the agriculture Minister shall consult organisations that appear to them to represent persons likely to be interested in or affected by the order.

(6)In this section—

agriculture Minister ” means the Minister of Agriculture Fisheries and Food in relation to England and the Secretary of State for Wales in relation to Wales ;

authorised person ”means—

(a)the occupier of the land on which the action is taken ;

(b)any member of the occupier’s household normally resident on the occupier’s land, acting with the written authority of the occupier ;

(c)any person in the ordinary service of the occupier on the occupier’s land, acting with the written authority of the occupier ; or

(d)any person having the right to take or kill deer on the land on which the action is taken or any person acting with the written authority of a person having that right.

(2)In sections 1(1) and 3(1) of that Act for the words “sections 10 and 11” there shall be substituted the words “sections 10, 10A and 11”.

(3)For subsection (1) of section 12 of that Act (orders) there shall be substituted the following subsections—

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

(1A)A statutory instrument containing an order under section 1(2) or 3(4) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(1B)No order under section 10A(4) of this Act shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.]

Editorial Information

X3The 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.

Textual Amendments

F75 Sch. 7 para. 5 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3) , ss. 17(6) , 18(3) , Sch.4 .

X4 [F76 6 (1)In paragraph 1 of Schedule 2 to that Act (prohibited firearms and ammunition) the words “of less guage than 12 bore” shall be omitted.S

(2)In paragraph 4 of that Schedule the words from “other than” onwards shall be omitted.]

Editorial Information

X4The 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.

Textual Amendments

F76 Sch. 7 para. 6 repealed (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3) , ss. 17(6) , 18(3) , Sch.4 .

The Conservation of Seals Act 1970E+W+S

X5 7 (1) In subsection (1)(c) of section 10 of the M5 Conservation of Seals Act 1970 (power to grant licences), the word “or” immediately following sub-paragraph (ii) shall be omitted and after sub-paragraph (iii) there shall be inserted the words or E+W+S

(iv)the protection of flora or fauna in an area to which subsection (4) of this section applies,.

(2)In subsection (3)(b) of that section for the words from “a nature reserve” onwards there shall substituted the words “an area to which subsection (4) of this section applies”.

(3)After subsection (3) of that section there shall be inserted the following subsection—

(4)This subsection applies to any area which—

(a)is a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 ;

(b)has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest) ;

(c)is an area to which section 29(3) of that Act (special protection for certain areas of special scientific interest) applies ; or

(d)has been designated as a marine nature reserve under section 36 of that Act.

Editorial Information

X5The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

The Badgers Act 1973E+W+S

F77 8 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Sch. 7 para. 8 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F78 9 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Sch. 7 para. 9 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F79 10 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Sch. 7 para. 10 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F80 11 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Sch. 7 para. 11 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

F81 12 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 7 para. 12 repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51) , s. 15(2)(3) ,Sch.

Sections 13, 22 and 24.

SCHEDULE 8E+W+S Plants which are Protected

Common nameScientific name
[F82Adder’s-tongue, Least][F82Ophioglossum lusitanicum]
Alison, SmallAlyssum alyssoides
[F83Anomodon, Long-leaved][F83Anomodon longifolius]
[F83Beech-lichen, New Forest][F83Enterographa elaborata]
[F84Blackwort] [F84Southbya nigrella]
[F83Bluebell (in respect of section 13(2) only)][F83Hyacinthoides non-scripta]
[F83Bolete, Royal][F83Boletus regius]
Broomrape, BedstrawOrobanche caryophyllacea
Broomrape, OxtongueOrobanche loricata
Broomrape, ThistleOrobanche reticulata
[F82Cabbage, Lundy][F82Rhynchosinapis wrightii]
Calamint, WoodCalamintha sylvatica
[F84Caloplaca, Snow] [F84Caloplaca nivalis]
[F84Catapyrenium, Tree] [F84Catapyrenium psoromoides]
Catchfly, AlpineLychnis alpina
[F84Catillaria, Laurer’s] [F84Catellaria laurei]
[F84Centaury, Slender] [F84Centaurium tenuiflorum]
Cinquefoil, RockPotentilla rupestris
[F83Cladonia, Convoluted][F83Cladonia convoluta]
[F84Cladonia, Upright Mountain] [F84Cladonia stricta]
[F84Clary, Meadow] [F84Salvia pratensis]
Club-rush, TriangularScirpus triquetrus
[F82Colt’s-foot, Purple][F82Homogyne alpina]
Cotoneaster, WildCotoneaster integerrimus
[F82Cottongrass, Slender][F82Eriophorum gracile]
Cow-wheat, FieldMelampyrum arvense
[F82Crocus, Sand][F82Romulea columnae]
[F84Crystalwort, Lizard] [F84Riccia bifurca]
[F84Cudweed, Broad-leaved] [F84Filago pryamidata]
Cudweed, JerseyGnaphalium luteoalbum
[F82Cudweed, Red-tipped][F82Filago lutescens]
[F83Cut-grass][F83Leersia oryzoides]
[F83Deptford Pink ( in respect of England and Wales only)][F83Dianthus armeria]
DiapensiaDiapensia lapponica
F85. . .F85. . .
[F84Earwort, Marsh] [F84Jamesoniella undulifolia]
Eryngo, FieldEryngium campestre
[F83Feather-moss, Polar][F83Hygrohypnum polare]
Fern, Dickie’s BladderCystopteris dickieana
F85. . .F85. . .
[F84Flapwort, Norfolk] [F84Leiocolea rutheana]
[F82Fleabane, Alpine][F82Erigeron borealis]
[F82Fleabane, Small][F82Pulicaria vulgaris]
[F84Frostwort, Pointed] [F84Gymnomitrion apiculatum]
[F83Fungus, Hedgehog][F83Hericium erinaceum]
Galingale, BrownCyperus fuscus
Gentian, AlpineGentiana nivalis
[F84Gentian, Dune] [F84Gentianella uliginosa]
F85. . .F85. . .
[F82Gentian, Fringed][F82Gentianella ciliata]
Gentian, SpringGentiana verna
[F82Germander, Cut-leaved][F82Teucrium botrys]
Germander, WaterTeucrium scordium
Gladiolus, WildGladiolus illyricus
[F83Goblin Lights][F83Catolechia wahlenbergii]
[F82Goosefoot, Stinking][F82Chenopodium vulvaria]
[F82Grass-poly][F82Lythrum hyssopifolia]
[F84Grimmia, Blunt-leaved] [F84Grimmia unicolor]
[F84Gyalecta, Elm] [F84Gyalecta ulmi]
Hare’s-ear, Sickle-leavedBupleurum falcatum
Hare’s-ear, SmallBupleurum baldense
[F82Hawk’s-beard, Stinking][F82Crepis foetida]
[F84Hawkweed, Northroe] [F84Hieracium northroense]
[F84Hawkweed, Shetland] [F84Hieracium zetlandicum]
[F84Hawkweed, Weak-leaved] [F84Hieracium attenuatifolium]
Heath, BluePhyllodoce caerulea
Helleborine, RedCephalanthera rubra
F86. . .F86. . .
[F82Horsetail, Branched][F82Equisetum ramosissimum]
[F82Hound’s-tongue, Green][F82Cynoglossum germanicum]
Knawel, PerennialScleranthus perennis
Knotgrass, SeaPolygonum maritimum
F85. . .F85. . .
F87. . .F87. . .
F87. . .F87. . .
F86. . .F86. . .
[F84Lecanora, Tarn] [F84Lecanora archariana]
[F84Lecidea, Copper] [F84Lecidea inops]
Leek, Round-headedAllium sphaerocephalon
Lettuce, LeastLactuca saligna
[F84Lichen, Arctic Kidney] [F84Nephroma arcticum]
[F84Lichen, Ciliate Strap] [F84Heterodermia leucomelos]
[F84Lichen, Coralloid Rosette] [F84Heterodermia propagulifera]
[F84Lichen, Ear-lobed Dog] [F84 Peltigera lepidophora]
[F84Lichen, Forked Hair] [F84Bryoria furcellata]
[F84Lichen, Golden Hair] [F84Teloschistes flavicans]
[F84Lichen, Orange Fruited Elm] [F84 Caloplaca luteoalba]
[F84Lichen, River Jelly] [F84Collema dichotomum]
[F84Lichen, Scaly Breck] [F84Squamarina lentigera]
[F84Lichen, Stary Breck] [F84 Buellia asterella]
Lily, SnowdonLloydia serotina
[F84Liverwort] [F84 Petallophyllum ralfsi]
[F84Liverwort, Lindenberg’s Leafy] [F84Adelanthus lindenbergianus]
Marsh-mallow, RoughAlthaea hirsuta
F85. . .F85. . .
[F82Milk-parsley, Cambridge][F82Selinum carvifolia]
[F84Moss] [F84Drepanocladius vernicosus]
[F84Moss, Alpine Copper] [F84Mielichoferia mielichoferi]
[F84Moss, Baltic Bog] [F84Sphagnum balticum]
[F84Moss, Blue Dew] [F84Saelania glaucescens]
[F84Moss, Blunt-leaved Bristle] [F84Orthotrichum obtusifolium]
[F84Moss, Bright Green Cave Cyclodictyon laetevirens]
[F84Moss, Cordate Beard] [F84Barbula cordata]
[F84Moss, Cornish Path] [F84Ditrichum cornubicum]
[F84Moss, Derbyshire Feather] [F84Thamnobryum angustifolium]
F86. . .F86. . .
[F83Moss, Flamingo][F83Desmatodon cernuus]
[F84Moss, Glaucous Beard] [F84Barbula glauca]
[F84Moss, Green Shield] [F84Buxbaumia viridis]
[F84Moss, Hair Silk] [F84Plagiothecium piliferum]
[F84Moss, Knothole] [F84Zygodon forsteri]
[F84Moss Large Yellow Feather] [F84Scorpidium turgescens]
[F84Moss, Millimetre] [F84Micromitrium tenerum]
[F84Moss, Multifruited River] [F84Cryphaea lamyana]
[F84Moss, Nowell’s Limestone] [F84Zygodon gracilis]
[F84Moss, Rigid Apple] [F84Bartramia stricta]
[F84Moss, Round-leaved Feather] [F84Rhynocostegium rotundifolium]
[F84Moss, Schleicher’s Thread] [F84Bryum schleicheri]
[F84Moss, Triangular Pygmy]{ F84Acaulon triquetrum
[F84Moss, Vaucher’s Feather] [F84Hypnum vaucheri]
[F84Mudwort, Welsh] [F84Limosella australis]
[F82Naiad, Holly-leaved][F82Najas marina]
F85. . .F85. . .
[F84Orache, Stalked] [F84Halimione pedunculata]
Orchid, Early SpiderOphryas sphegodes
F85. . .F85. . .
Orchid, GhostEpipogium aphyllum
[F84Orchid, Lapland Marsh] [F84Dactylorhiza lapponica]
Orchid, Late SpiderOphrys fuciflora
Orchid, LizardHimantoglossum hircinum
Orchid, MilitaryOrchis militaris
Orchid, MonkeyOrchis simia
[F84Pannaria, Caledonia] [F84Pannaria ignobilis]
[F84Parmelia, New Forest] [F84Parmelia minarum]
[F84Parmentaria, Oil Stain] [F84Parmentaria chilensis]
Pear, PlymouthPyrus cordata
[F84Penny-cress, Perfoliate] [F84Thlaspi perfoliatum]
[F82Pennyroyal][F82Mentha pulegium]
[F84Pertusaria, Alpine Moss] [F84Pertusaria bryontha]
[F84Physcia, Southern Grey] [F84Physcia tribacioides]
[F82Pigmyweed][F82Crassula aquatica]
[F84Pine, Ground] [F84Ajuga chamaepitys]
Pink, CheddarDianthus gratianopolitanus
Pink, ChildlingPetroraghia nanteuilii
F85. . .F85. . .
[F83Polypore, Oak][F83Buglossoporus pulvinus]
[F84Pseudocyphellaria, Ragged] [F84Pseudocyphellaria lacerata]
[F84Psora, Rusty Alpine] [F84Psora rubiformis]
[F83Puffball, Sandy Stilt][F83Battarraea phalloides]
[F82Ragwort, Fen][F82Senecio paludosus]
[F82Ramping-fumitory, Martin’s][F82Fumaria martinii]
[F84Rampion, Spiked] [F84Phyteuma spicatum]
[F82Restharrow, Small][F82Ononis reclinata]
[F82Rock-cress, Alpine][F82Arabis alpina]
[F82Rock-cress, Bristol][F82Arabis stricta]
[F88Rock Nail][F88Calicium corynellum]
[F84Rustworth, Western] [F84Marsupella profunda]
Sandwort, NorwegianArenaria norvegica
Sandwort, TeesdaleMinuartia stricta
Saxifrage, DroopingSaxifraga cernua
F85. . .F85. . .
Saxifrage, TuftedSaxifraga cespitosa
[F84Solenopsora, Serpentine] [F84Solenopsora liparina]
Solomon’s-seal, WhorledPolygonatum verticillatum
Sow-thistle, AlpineCicerbita alpina
Spearwort, Adder’s-tongueRanunculus ophioglossifolius
[F82Speedwell, Fingered][F82Veronica triphyllos]
Speedwell, SpikedVeronica spicata
F87. . .F87. . .
[F83Spike-rush, Dwarf][F83Eleocharis parvula]
[F83Stack Fleawort, South][F83Tephroseris integrifolia (ssp maritima)]
[F82Star-of-Bethlehem, Early][F82Gagea bohemica]
StarfruitDamasonium alisma
[F84Stonewort, Bearded] [F84Chara canescens]
[F82Stonewort, Foxtail][F82Lamprothamnium papulosum]
[F82Strapwort][F82Corrigiola litoralis]
[F83Sulphur-tresses, Alpine][F83Alectoria ochroleuca]
F86. . .F86. . .
[F88Tree Lungwort (in respect of section 13(2) only)][F88Lobaria pulmonaria]
[F84Turpswort] [F84Geocalyx graveolens]
Violet, FenViola persicifolia
[F82Viper’s-grass][F82Scorzonera humilis]
Water-plantain, Ribbon leavedAlisma gramineum
Wood-sedge, StarvedCarex depauperata
Woodsia, AlpineWoodsia alpina
Woodsia, OblongWoodsia ilvensis
Wormwood, FieldArtemisia campestris
Woundwort, DownyStachys germanica
Woundwort, LimestoneStachys alpina
Yellow-rattle, GreaterRhinanthus serotinus

Textual Amendments

F82 Entry added by S.I. 1988/288 , art. 3

F83 Entries in Sch. 8 added (16.4.1998) by S.I. 1998/878 , art. 3

F84 Entries in Sch. 8 added (29.10.1992) by S.I. 1992/2350 , art. 3(1) .

F87 Entries in Sch. 8 removed (29.10.1992) by S.I. 1992/2350 , art. 3(2) .

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

Sections 14 and 22.

[F89SCHEDULE 9E+W+S Animals and Plants to which Section 14 Applies

Part IE+W+S [F90NON-NATIVE] Animals which are established in the wild

Textual Amendments

F90Words in Sch. 9 Pt. I heading inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(2), 57(4); S.I. 2015/481, reg. 2(b)

Common nameScientific name
Bass, Large-mouthed BlackMicropterus salmoides
Bass, RockAmbloplites rupestris
BitterlingRhodeus sericeus
[F91[F92Boar, Wild]][F91[F92Sus scrofa]]
F93. . .F93. . .
[F92Capercaillie][F92Tetrao urogallus]
[F91[F92Chough]][F91[F92Pyrrhocorax pyrrhocorax]]
[F91[F92Corncrake]][F91[F92Crex crex]]
F93. . .F93. . .
[F94[F91Crab, Chinese Mitten]][F94[F91Eriocheir sinensis]]
[F95Crayfish, Noble] [F95Astacus astacus]
[F91[F92Crane, Common]][F91[F92Grus grus]]
[F94[F91Crayfish, Red Swamp]][F94[F91Procambarus clarkii]]
[F94[F95Crayfish, Signal]] [F94[F95Pacifastacus leniusculus]]
[F94[F91Crayfish, Spiny-cheek]][F94[F91Orconectes limosus]]
[F95Crayfish, Turkish] [F95Astacus leptodactylus]
[F91Deer, Chinese Water][F91Hydropotes inermis]
[F94[F96Deer, Muntjac]][F94[F96Muntiacus reevesi]]
[F95Deer, Sika] [F95Cervus nippon]
[F97 Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer][F97 Any hybrid of Cervus nippon]
F93. . .F93. . .
F93. . .F93. . .
Dormouse, FatGlis glis
Duck, Carolina WoodAix sponsa
Duck, MandarinAix galericulata
[F94Duck, Ruddy][F94Oxyura jamaicensis]
[F92Eagle, White-tailed][F92Haliaetus albicilla]
[F91Flatworm][F91Kontikia andersoni]
[F91Flatworm][F91Kontikia ventrolineata]
[F91Flatworm, Australian][F91Australoplana sanguinea]
[F95Flatworm, New Zealand] [F95Artiposthia triangulata]
Frog, EdibleRana esculenta
Frog, European Tree (otherwise known as Common tree frog)Hyla arborea
Frog, MarshRana ridibunda
F93. . .F93. . .
[F91Goose, Bar-headed][F91Anser indicus]
[F91Goose, Barnacle][F91Branta leucopsis]
Goose, CanadaBranta canadensis
[F94Goose, Egyptian][F94Alopochen aegyptiacus]
[F91Goose, Emperor][F91Anser canagicus]
[F91Goose, Snow][F91Anser caerulescens]
[F91[F92Goshawk]][F91[F92Accipiter gentilis]]
Heron, NightNycticorax nycticorax
[F91[F92Kite, Red]][F91[F92Milvus milvus]]
[F91Limpet, Slipper][F91Crepidula fornicata]
Lizard, Common WallPodarcis muralis
Marmot, Prairie (otherwise known as Prairie dog)Cynomys
Mink, AmericanMustela vison
Newt, AlpineTriturus alpestris
[F95Newt, Italian Crested] [F95Triturus carnifex]
[F98[F92Owl, Barn]] [F98[F92Tyto alba]]
[F91Owl, Eagle][F91Bubo bubo]
[F91Oyster Drill, American][F91Urosalpinx cinerea]
[F91Parakeet, Monk][F91Myiopsitta monachus]
Parakeet, Ring-neckedPsittacula krameri
Partridge, ChukarAlectoris chukar
Partridge, RockAlectoris graeca
Pheasant, GoldenChrysolophus pictus
Pheasant, Lady Amherst’sChrysolophus amherstiae
Pheasant, Reeves’Syrmaticus reevesii
Pheasant, SilverLophura nycthemera
[F91Pochard, Red-crested][F91Netta rufina]
F93. . .F93. . .
F93. . .F93. . .
Pumpkinseed (otherwise known as Sun-fish or Pond-perch)Lepomis gibbosus
F93. . .F93. . .
Rat, BlackRattus rattus
[F91Shelduck, Ruddy][F91Tadorna ferruginea]
[F95Snake, Aesculapian] [F95Elaphe longissima]
[F94Squirrel, Grey][F94Sciurus carolinensis]
[F91Swan, Black][F91Cygnus atratus.]
Terrapin, European PondEmys orbicularis
Toad, African ClawedXenopus laevis
Toad, MidwifeAlytes obstetricans
Toad, Yellow-belliedBombina variegata
Wallaby, Red-neckedMacropus rufogriseus
Wels (otherwise known as European catfish)Silurus glanis
ZanderStizostedion lucioperca

Textual Amendments

F92Entries 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)

F94Words 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))

F95 Entries in Sch. 9 Pt. I added (17.3.1992) by S.I. 1992/320, art. 2.

F96 Entry in Sch. 9 Pt. I added (5.3.1997) by S.I. 1997/226, art. 2

F97 Entries in Sch. 9 Pt. I added (28.4.1999) by S.I. 1999/1002, art. 2

F98 Entry in Sch. 9 Pt. I added (25.11.1992) by S.I. 1992/2674, art. 2.

[F99PART IAE+WNATIVE ANIMALS

Textual Amendments

F99Sch. 9 Pt. 1A inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(4), 57(4); S.I. 2015/481, reg. 2(b)

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]

Common nameScientific name
CapercaillieTetrao urogallus
ChoughPyrrhocorax pyrrhocorax
CorncrakeCrex crex
Crane, CommonGrus grus
Eagle, White-tailedHaliaetus albicilla
GoshawkAccipiter gentilis
Kite, RedMilvus milvus
Owl, BarnTyto alba.

[F100PART IBE+WANIMALS NO LONGER NORMALLY PRESENT

Textual Amendments

F100Sch. 9 Pt. 1B inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(5), 57(4); S.I. 2015/481, reg. 2(b)

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]

Common nameScientific name
Beaver, Eurasian [F101(but not in relation to Wales)]Castor fiber
Boar, WildSus Scrofa.

Textual Amendments

Part IIE+W+S Plants

Common nameScientific name
[F102Alexanders, Perfoliate][F102Smyrnium perfoliatum]
[F102Algae, Red][F102Grateloupia luxurians]
[F102Archangel, Variegated Yellow][F102Lamiastrum galeobdolon subsp. argentatum]
[F102Azalea, Yellow][F102Rhododendron luteum]
[F103[F102Balsam, Himalayan]][F103[F102Impatiens glandulifera]]
[F102Cotoneaster][F102Cotoneaster horizontalis]
[F102Cotoneaster, Entire-leaved][F102Cotoneaster integrifolius]
[F102Cotoneaster, Himalayan][F102Cotoneaster simonsii]
[F102Cotoneaster, Hollyberry][F102Cotoneaster bullatus]
[F102Cotoneaster, Small-leaved][F102Cotoneaster microphyllus]
[F102Creeper, False Virginia][F102Parthenocissus inserta]
[F102Creeper, Virginia][F102Parthenocissus quinquefolia]
[F102Dewplant, Purple][F102Disphyma crassifolium]
[F103[F102Fanwort]][F103[F102Cabomba caroliniana]]
[F102Fern, Water][F102Azolla filiculoides]
[F102Fig, Hottentot][F102Carpobrotus edulis]
[F102Garlic, Three-cornered][F102Allium triquetrum]
[F103Hogweed, Giant][F103Heracleum mantegazzianum]
[F103[F102Hyacinth, water]][F103[F102Eichhornia crassipes]]
[F104Kelp, Giant] [F104Macrocystis angustifolia]
[F104Kelp, Giant] [F104Macrocystis integrifolia]
[F104Kelp, Giant] [F104Macrocystis laevis]
Kelp, GiantMacrocystis pyrifera
[F104Kelp, Japanese] [F104Laminaria japonica]
[F102Knotweed, Giant][F102Fallopia sachalinensis]
[F102Knotweed, Hybrid][F102Fallopia japonica x Fallopia sachalinensis
[F102Knotweed, Japanese][F102Fallopia japonica]
[F105Knotweed, Japanese][F105Polygonum cuspidatum]
[F102Leek, Few-flowered][F102Allium paradoxum]
[F102Lettuce, water][F102Pistia stratiotes]
[F102Montbretia][F102Crocosmia x crocosmiiflora]
[F103[F102Parrot's-feather]][F103[F102Myriophyllum aquaticum]]
[F103[F102Pennywort, Floating]][F103[F102Hydrocotyle ranunculoides]]
[F102Potato, Duck][F102Sagittaria latifolia]
[F103[F102Primrose, Floating Water]][F103[F102Ludwigia peploides]]
[F103[F102Primrose, Water]][F103[F102Ludwigia grandiflora]]
[F102Primrose, Water][F102Ludwigia uruguayensis]
[F102Rhododendron][F102Rhododendron ponticum]
[F102Rhododendron][F102Rhododendron ponticum x Rhododendron maximum]
[F103[F102Rhubarb, Giant]][F103[F102Gunnera tinctoria]]
[F102Rose, Japanese][F102Rosa rugosa]
[F102Salvinia, Giant][F102Salvinia molesta]
[F102Seafingers, Green][F102Codium fragile]
[F105Seafingers, Green] [F105Codium fragile tomentosoides]
[F104Seaweed, Californian Red] [F104Pikea californica]
[F104Seaweed, Hooked Asparagus] [F104Asparagopsis armata]
Seaweed, JapaneseSargassum muticum
[F104Seaweeds, Laver (except native species)] [F104Porphyra spp except -]
[F104p. amethystea]
[F104p. leucosticta]
[F104p. linearis]
[F104p. miniata]
[F104p. purpurea]
[F104p. umbilicalis]
[F102Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed)][F102Crassula helmsii]
[F104Wakame] [F104Undaria pinnatifida]
[F103[F102Waterweed, Curly]][F103[F102Lagarosiphon major]]
[F106[F102Waterweeds]] [F106Waterweeds (except Nuttall’s Waterweed)][F106[F102All species of the genus Elodea.]] [F106All species of the genus Elodea, except Elodea nuttallii]

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.]]

Section 14(4A)

[F107SCHEDULE 9AE+WSpecies control agreements and orders (England and Wales)

Textual Amendments

PART 1E+WOverview and interpretation

OverviewE+W

1(1)This Schedule provides for—E+W

(a)species control agreements between environmental authorities and owners of premises, and

(b)species control orders made by environmental authorities,

and for related matters.

(2)A species control agreement or species control order may relate to—

[F108(a)a species of animal or plant included on the Union list,

(b)an invasive non-native species of animal or plant not falling within sub-paragraph (a), or

(c)a species of animal that is no longer normally present in Great Britain.]

This is subject to the other provisions of this Schedule.

(3)The following definitions apply for the purposes of this Schedule.

Definitions relating to speciesE+W

2(1)Species” means any kind of animal or plant.E+W

(2)A species is “invasive” if, uncontrolled, it would be likely to have a significant adverse impact on—

(a)biodiversity,

(b)other environmental interests, or

(c)social or economic interests.

(3)A species is “non-native” if—

(a)it is listed in Part 1 or 2 of Schedule 9, or

(b)in the case of a species of animal, it is a species—

(i)whose natural range does not include any part of Great Britain, and

(ii)which has been introduced into Great Britain or is present in Great Britain because of other human activity.

(4)References to a species being “present” on premises include its being present at any stage in its life-cycle (for example, as eggs or seeds).

(5)A species of animal is “no longer normally present in Great Britain” if—

(a)it is a species listed in Part 1B of Schedule 9, or

(b)it is a species—

(i)whose natural range includes all or any part of Great Britain, and

(ii)which has ceased to be ordinarily resident in, or a regular visitor to, Great Britain in a wild state.

[F109(6)The “Union list” means the list of invasive alien species of Union concern adopted by the European Commission in accordance with Articles 4(1) and 10(4) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species, as amended from time to time.]

Textual Amendments

Environmental authoritiesE+W

3(1)Environmental authority”, in relation to premises in England, means—E+W

(a)the Secretary of State,

(b)the Environment Agency,

(c)Natural England, and

(d)the Forestry Commissioners.

(2)Environmental authority”, in relation to premises in Wales, means—

(a)the Welsh Ministers, and

(b)the Natural Resources Body for Wales.

Owners and dwellingsE+W

4(1)Owner”, in relation to premises consisting of land, means—E+W

(a)a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion,

(b)a person in possession under a lease, or

(c)a person who for the time being exercises powers of management or control over the land.

(2)Dwelling” means a building or structure, or part of a building or structure, occupied wholly or mainly as a dwelling.

OperationsE+W

5(1)“Species control operations” are operations to do one or more of the following—E+W

(a)eradicate a species from premises;

(b)control a species on premises;

(c)prevent a species from returning to premises.

(2)References to “carrying out” operations include arranging for operations to be carried out.

PART 2E+WSpecies control agreements

Making of species control agreementsE+W

6(1)An environmental authority may enter into a “species control agreement” with an owner of any premises where the authority considers that there is present on the premises—E+W

(a)an invasive non-native species, or

(b)a species of animal that is no longer normally present in Great Britain.

(2)Under a species control agreement the parties agree to the carrying out of species control operations.

(3)Before entering into a species control agreement with an owner, an environmental authority must be satisfied that—

(a)the provisions of the agreement are proportionate to the objective to be achieved, and

(b)in a case where there is more than one owner, the owner with whom the agreement is entered into is the most appropriate one.

(4)Before entering into a species control agreement relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

(a)the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

(b)the animals on the premises are having a significant adverse impact on—

(i)biodiversity,

(ii)other environmental interests, or

(iii)social or economic interests, and

(c)there is no appropriate alternative way of obviating that impact.

(5)A species control agreement may not be entered into in relation to premises consisting of a dwelling except where the environmental authority is the Secretary of State or the Welsh Ministers.

Content of species control agreementsE+W

7(1)A species control agreement must provide for—E+W

(a)the species control operations to be carried out,

(b)the party who is to carry them out, and

(c)the time by which they are to be carried out.

(2)A species control agreement may contain such supplementary provision as the parties consider appropriate.

(3)That may include provision as to—

(a)how species control operations are to be carried out,

(b)payment to be made by either party to the other, or to another person, in respect of the species control operations to be carried out, or

(c)any species control operations that must not be carried out.

Notice of complianceE+W

8E+WWhere an environmental authority considers that an owner of premises has complied with all the requirements in a species control agreement to carry out species control operations, the authority must give the owner notice to that effect.

LiabilityE+W

9E+WAn environmental authority is not liable to a person with an interest in the premises, other than the owner with whom a species control agreement is entered into, for anything done by the authority pursuant to the agreement.

PART 3E+WSpecies control orders

When a species control order may be madeE+W

10(1)An environmental authority may make a species control order in relation to premises if—E+W

(a)it considers that there is present on the premises—

(i)an invasive non-native species, or

(ii)a species of animal that is no longer normally present in Great Britain, and

(b)any of the following circumstances apply.

(2)The circumstances are—

(a)the environmental authority considers that an owner has failed to comply with a species control agreement entered into with the environmental authority and, having been given notice to that effect and a reasonable opportunity to rectify the failure, has not done so;

(b)the environmental authority has offered to enter into a species control agreement with an owner but—

(i)the owner has refused to enter into any kind of species control agreement, or

(ii)no species control agreement has been entered into in respect of the premises by the end of the period of 42 days beginning with the day after the offer was made and the authority considers it unlikely that the owner will enter any kind of such agreement;

(c)the environmental authority considers that the making of the order is urgently necessary;

(d)the environmental authority has been unable to identify an owner, having—

(i)placed on the premises a conspicuous notice of its desire to enter into a species control agreement, and

(ii)waited for 5 days after the day on which the notice was placed.

(3)Before making a species control order, an environmental authority must be satisfied that the provisions of the order are proportionate to the objective to be achieved.

(4)Before making a species control order relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that—

(a)the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c),

(b)the animals on the premises are having a significant adverse impact on—

(i)biodiversity,

(ii)other environmental interests, or

(iii)social or economic interests, and

(c)there is no appropriate alternative way of obviating that impact.

(5)A species control order may not be made in relation to premises consisting of a dwelling except by the Secretary of State or the Welsh Ministers.

What an order must doE+W

11(1)A species control order under paragraph 10(2)(a) or (b) (failure to comply with or enter into agreement) must contain provision—E+W

(a)requiring the owner specified in that paragraph to carry out species control operations, or

(b)stating that the environmental authority proposes to carry out species control operations,

or both.

(2)A species control order under paragraph 10(2)(c) (emergency) must contain provision—

(a)requiring any owner of the premises specified in the order to carry out species control operations, or

(b)stating that the environmental authority proposes to carry out species control operations,

or both.

(3)A species control order under paragraph 10(2)(d) (no identifiable owner) must contain provision stating that the environmental authority proposes to carry out species control operations.

12(1)A species control order must—E+W

(a)specify the species to which the order relates,

(b)specify the species control operations to be carried out,

(c)specify the time by which the species control operations must be carried out or (as the case may be) the time by which they are proposed to be carried out by the authority, and

(d)if appropriate, include a map of the premises to which the order relates.

(2)Unless it is made under paragraph 10(2)(c) (emergency), a species control order—

(a)may not require an owner of premises to carry out species control operations, or provide for an environmental authority to carry out species control operations, before the end of the period in which an appeal may be made (as to appeals, see paragraph 16), and

(b)must provide that if an appeal is made within that period, the owner need not carry out the operations, or the environmental authority shall not carry out the operations, before the appeal is withdrawn or finally determined.

What an order may doE+W

13(1)A species control order may contain provision supplementary to that specified in paragraphs 11 and 12.E+W

(2)That may include provision as to—

(a)how species control operations are to be carried out;

(b)payment to be made by the environmental authority to—

(i)an owner, in respect of the reasonable costs of operations to be carried out by the owner, or

(ii)another person, in respect of the reasonable costs of operations to be carried out by an owner;

(c)payment that an owner must make in respect of the reasonable costs of species control operations to be carried out by the environmental authority;

(d)species control operations that an owner must not carry out;

(e)who will carry out species control operations for the environmental authority.

NoticeE+W

14(1)After making a species control order, an environmental authority must forthwith give notice of it to—E+W

(a)all owners of the premises of whom the environmental authority is aware,

(b)the Secretary of State, if the environmental authority is the Environment Agency, Natural England or the Forestry Commissioners, and

(c)the Welsh Ministers, if the environmental authority is the Natural Resources Body for Wales.

(2)In the case of an order under paragraph 10(2)(d) (no identifiable owner), the environmental authority must also give notice of the order by placing it on the premises conspicuously.

(3)Notice under this paragraph must include—

(a)reasons for making the species control order, and

(b)reasons for any requirement imposed by it on an owner.

RevocationE+W

15(1)An environmental authority may at any time revoke a species control order made by it.E+W

(2)Notice of revocation must be given as specified in paragraph 14 (but reasons need not be given).

AppealsE+W

16(1)An owner of premises in relation to which a species control order is made may appeal to the First-tier Tribunal against—E+W

(a)the making of the order, or

(b)any provision of the order.

(2)The First-tier Tribunal may—

(a)affirm the order,

(b)direct the environmental authority which made the order to revoke or amend it,

(c)in the case of an order under paragraph 10(2)(c) (emergency), suspend the order, or

(d)make such other order as the Tribunal thinks fit.

Notice of complianceE+W

17E+WWhere an environmental authority considers that an owner of premises has complied with all the requirements in a species control order to carry out species control operations, the authority must give the owner notice to that effect.

EnforcementE+W

18(1)This paragraph applies where an environmental authority considers that an owner of premises required by a species control order to carry out a species control operation has not done so by the date or in the way specified in the order.E+W

(2)The authority must give the owner notice to that effect.

(3)Sub-paragraphs (4) to (6) apply if, after a week after giving notice under sub-paragraph (2), the authority considers that the owner has still not carried out the species control operation in the way specified in the order.

(4)The authority may carry out the operation itself or carry out such further work as is necessary to ensure that the operation is carried out in the way specified in the order.

(5)The authority may recover from the owner any expenses reasonably incurred by it in doing so (less any payment which the authority would apart from this paragraph have been required to make to the owner in respect of the carrying out of the operations by the owner).

(6)The authority is not required to make any payment provided for under paragraph 13(2)(b) in relation to the operation (and may recover any payment made under that paragraph).

OffencesE+W

19(1)A person who, without reasonable excuse, fails to comply with a requirement imposed on that person by a species control order commits an offence.E+W

(2)A person who intentionally obstructs a person from carrying out an operation required or proposed under a species control order commits an offence.

(3)A person guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine, or both.

(4)In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (3) to 51 weeks is to be read as a reference to 6 months.

(5)In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3) to a fine is to be read as a reference to a fine not exceeding £40,000.

LiabilityE+W

20(1)An owner of premises is not liable to any other person for doing anything required to be done by a species control order.E+W

(2)An environmental authority is not liable to a person with an interest in premises for anything done—

(a)by an owner pursuant to a requirement included in a species control order, or

(b)by the authority pursuant to—

(i)provision included in a species control order under paragraph 11(1)(b), (2)(b) or (3), or

(ii)paragraph 18(4).

PART 4E+WPowers of entry

Powers of entryE+W

21(1)A person who is authorised to do so may enter any premises to—E+W

(a)assist an environmental authority to determine whether to offer to enter into a species agreement with a person,

(b)assist an environmental authority to determine whether to make or revoke a species control order,

(c)investigate suspected non-compliance with a species control agreement or a species control order,

(d)carry out species control operations for an environmental authority under a species control order,

(e)place a notice as specified in paragraph 10(2)(d)(i) or 14(2) (no identifiable owner), or

(f)carry out species control operations or work pursuant to paragraph 18(4).

This is subject to the other provisions of this Schedule.

(2)A person may not enter premises under sub-paragraph (1)(a) or (b) with a view to establishing whether a species is present unless the environmental authority has reasonable grounds for suspecting that it is.

Authorisation by justice of the peaceE+W

22(1)To enter premises under paragraph 21 a person must be authorised by a warrant issued by a justice of the peace where—E+W

(a)the premises consist of a dwelling or a garden, yard, outbuildings or other land used or enjoyed wholly with a dwelling,

(b)admission to the premises has been refused by an owner or refusal is reasonably apprehended,

(c)the premises are unoccupied,

(d)the owner is temporarily absent,

(e)giving notice would defeat the purpose of entry,

(f)entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(c) (emergency),

(g)entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(d) (no identifiable owner),

(h)entry is to place a notice as specified in paragraph 10(2)(d)(i) or 14(2), or

(i)entry is to carry out operations or work pursuant to paragraph 18(4) which the environmental authority considers to be urgently necessary.

(2)A justice of the peace may not grant a warrant—

(a)in the circumstances in sub-paragraph (1)(a) to (d) unless satisfied that reasonable notice of the proposed entry has been given to all owners of the premises of whom the environmental authority is aware, or

(b)in the circumstances in paragraph (1)(g) unless satisfied that the requirement in paragraph 14(2) (notice) has been met.

(3)For the purposes of sub-paragraph (2)(a) less than 48 hours' notice is not reasonable.

(4)A warrant may authorise a person to use reasonable force if necessary, but a person so authorised—

(a)must be accompanied by a constable when doing so, and

(b)may not use force against an individual.

Authorisation by environmental authorityE+W

23(1)To enter premises under paragraph 21 in circumstances other than those specified in paragraph 22(1), a person must be authorised in writing by the environmental authority.E+W

(2)A person authorised by an environmental authority may not demand admission as of right to any premises unless reasonable notice has been given to all owners of the premises of whom the authority is aware.

(3)For these purposes less than 48 hours' notice is not reasonable.

Exercise of right of entryE+W

24(1)A right of entry under paragraph 21 is exercisable at any reasonable time.E+W

(2)A person authorised under paragraph 22 or 23 to enter premises must, if so required before entering, produce evidence of his or her warrant or other authorisation and state the purpose of entry.

(3)A person entering premises under paragraph 21 may—

(a)take on to the premises such other persons as may be necessary;

(b)take any equipment, machinery or materials on to the premises;

(c)take samples of anything in or on the premises.

(4)A person who enters premises under paragraph 21 which are unoccupied or from which the owner is temporarily absent must, on departure, leave them as effectively secured as they were on entry.

PART 5E+WSupplementary

CompensationE+W

25(1)The Secretary of State and the Welsh Ministers may (separately or jointly) make arrangements for the payment of compensation to an owner of premises in respect of financial loss resulting from—E+W

(a)a species control agreement or order, or

(b)the exercise of the powers of entry under this Schedule.

(2)The arrangements may secure that compensation is payable only for financial loss above a specified amount.

Codes of practiceE+W

26(1)The Secretary of State must issue a code of practice in relation to species control agreements and orders in England.E+W

(2)A code under this paragraph must in particular provide guidance to environmental authorities in England on—

(a)when to offer to enter into a species control agreement;

(b)how to go about entering into a species control agreement;

(c)what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

(d)when to make a species control order;

(e)what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

(f)standards of animal welfare to be met in connection with species control agreements and orders.

(3)A code under this paragraph may be revised or replaced.

(4)Before issuing (or revising or replacing) a code under this paragraph the Secretary of State must carry out a public consultation.

(5)The Secretary of State must—

(a)ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

(b)lay a copy of a code under this paragraph before Parliament.

27(1)The Welsh Ministers must issue a code of practice in relation to species control agreements and orders in Wales.E+W

(2)A code under this paragraph must in particular provide guidance to environmental authorities in Wales on—

(a)when to offer to enter into a species control agreement;

(b)how to go about entering into a species control agreement;

(c)what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

(d)when to make a species control order;

(e)what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

(f)standards of animal welfare to be met in connection with species control agreements and orders.

(3)A code under this paragraph may be revised or replaced.

(4)Before issuing (or revising or replacing) a code under this paragraph the Welsh Ministers must carry out a public consultation.

(5)The Welsh Ministers must—

(a)ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

(b)lay a copy of a code under this paragraph before the National Assembly for Wales.

28(1)A person's failure to comply with a provision of a code under paragraph 26 or 27 does not make the person liable to civil or criminal proceedings.E+W

(2)A code under paragraph 26 or 27—

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

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

(introduced bysections 14AA(5) and 16(4B))

[F110SCHEDULE 9BSInvasive alien species: defences and licences

Part 1SInterpretation

InterpretationS

1.In this schedule—

  • “Invasive Alien Species Regulation” means Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species,

  • “contained holding” means closed facilities from which escape or spread is not possible,

  • “ex-situ conservation” means the conservation of components of biological diversity outside their natural habitat,

  • “invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Union list,

  • “research” means descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species,

  • “specimen” means a live specimen and includes any part, gamete, seed, egg or propagule of a species, as well as any hybrids, varieties or breeds that might grow, hatch or reproduce, as the case may be,

  • “Union list” means the list of invasive alien species of Union concern adopted by the European Commission in accordance with Articles 4(1) and 10(4) of the Invasive Alien Species Regulation, as amended from time to time.

Part 2SDefences

Companion animalsS

2.(1)This paragraph applies where—

(a)a person is charged with an offence under section 14ZC or 14AA,

(b)the charge relates to an animal, and

(c)the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

(i)paragraph (b) (keeping, including in contained holding),

(ii)paragraph (d) (transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication).

(2)It is a defence to the charge to show that—

(a)immediately before the inclusion on the Union list of the species to which the animal belongs, the animal was kept as a companion animal,

(b)at all material times the animal was kept—

(i)as a companion animal, or

(ii)for the purpose of transporting the animal to a place mentioned in sub-paragraph (3), and

(c)at all material times—

(i)the animal was kept in contained holding, and

(ii)appropriate measures were in place to ensure that it could not reproduce or escape.

(3)The places referred to in sub-paragraph (2)(b)(ii) are—

(a)an establishment to which a relevant licence or permit has been granted,

(b)a facility to which a relevant licence has been granted,

(c)a place where the animal was to be humanely killed.

(4)In sub-paragraph (3)—

(a)“relevant licence or permit” means, in relation to an establishment—

(i)a licence granted under section 16(4)(c) by virtue of paragraph 6,

(ii)a permit granted under article 35 of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

(iii)a permit granted under any provision in legislation which applies in relation to Northern Ireland and which enables a permit to be issued in accordance with Article 8 or 9 of the Invasive Alien Species Regulation,

(b)“relevant licence” means, in relation to a facility—

(i)a licence granted under section 16(4)(c) by virtue of paragraph 7,

(ii)a licence granted under article 36(1) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), for the purpose mentioned in article 36(2)(d) of that Order,

(iii)a licence granted under any provision in legislation which applies in relation to Northern Ireland and enables a licence to be issued for the keeping of an animal by a facility until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation.

Commercial stocks

3.(1)This paragraph applies where—

(a)a person who keeps a commercial stock of specimens of invasive alien species is charged with an offence under section 14ZC, 14A or 14AA,

(b)the charge relates to such a specimen, and

(c)the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

(i)paragraph (b) (keeping, including in contained holding),

(ii)paragraph (d) (transporting to, from or within the Union, except for transportation of species to facilities in the context of eradication),

(iii)paragraph (e) (placing on the market),

(iv)paragraph (f) (using or exchanging).

(2)It is a defence to the charge to show that—

(a)the specimen was acquired by the person before the inclusion on the Union list of the species to which the specimen belongs,

(b)the activity to which the charge relates was not carried out after the end of the relevant period following the inclusion on the Union list of the species to which the specimen belongs, and

(c)that activity is mentioned in sub-paragraph (3).

(3)The activities referred to in sub-paragraph (2)(c) are—

(a)sale or transfer to an establishment which holds a relevant licence or permit, provided that the conditions in paragraph (4) are met,

(b)a scientific or medicinal activity pursuant to a relevant licence or permit, provided that the conditions in paragraph (4) are met,

(c)destruction (in the case of a plant, fungus or micro-organism) or humane killing (in the case of an animal) of the specimen to exhaust the keeper’s stock, or

(d)sale or transfer to a non-commercial user, provided that the conditions in paragraph (4) are met.

(4)The conditions referred to in sub-paragraph (3) are that, at all material times—

(a)the specimen was kept and transported in contained holding, and

(b)appropriate measures were in place to ensure that it could not reproduce or escape.

(5)For the purposes of sub-paragraph (2)(b), the relevant period is—

(a)in relation to an activity mentioned in sub-paragraph (3)(a) to (c), 2 years,

(b)in relation to an activity mentioned in sub-paragraph (3)(d), 1 year.

(6)In sub-paragraph (3), “relevant licence or permit” means—

(a)for the purposes of sub-paragraph (3)(a)—

(i)a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(i) or (ii),

(ii)a permit granted under section 35(1)(a) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

(iii)a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for research or ex-situ conservation in accordance with Article 8 of the Invasive Alien Species Regulation,

(b)for the purposes of sub-paragraph (3)(b)—

(i)a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(iii),

(ii)a permit granted under article 35(1)(b) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

(iii)a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Invasive Alien Species Regulation.

Non-commercial owners: receipt of commercial stocks

4.(1)This paragraph applies where—

(a)a person is charged with an offence under section 14ZC or 14AA, and

(b)the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

(i)paragraph (b) (keeping, including in contained holding),

(ii)paragraph (d) (transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication).

(2)It is a defence to the charge to show that—

(a)the specimen to which the charge relates was received by the person—

(i)from a keeper of commercial stocks of specimens of the species to which the specimen belongs, and

(ii)before the end of the period of one year beginning with the date on which that species was included on the Union list, and

(b)at all material times—

(i)the specimen was kept and transported in contained holding, and

(ii)appropriate measures were in place to ensure that it could not reproduce or escape.

Part 3SLicences

RestrictionsS

5.(1)The appropriate authority must not grant a licence under section 16(4)(c) permitting an activity which contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation unless any of paragraphs 6 to 9 apply—

(a)paragraph (b) (keeping, including in contained holding),

(b)paragraph (c) (breeding, including in contained holding),

(c)paragraph (d) (transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication),

(d)paragraph (f) (using or exchanging),

(e)paragraph (g) (permitting to reproduce, growing or cultivating, including in contained holding).

(2)The appropriate authority must not grant a licence under section 16(4)(c) permitting an activity which contravenes one of the following paragraphs of that Article unless paragraph 8 or 9 applies—

(a)paragraph (e) (placing on the market),

(b)paragraph (h) (releasing into the environment).

Research etc.

6.This paragraph applies if the licence—

(a)is granted to an establishment,

(b)permits an activity to be done in the course of—

(i)research on an invasive alien species,

(ii)ex-situ conservation of an invasive alien species,

(iii)scientific production, and subsequent medicinal use of, a product derived from an invasive alien species where its use is necessary for the advancement of human health, or

(iv)in exceptional circumstances, such other activities as are justified for reasons of compelling public interest, including those of a social or economic nature, in accordance with Article 9 of the Invasive Alien Species Regulation, and

(c)is subject to the conditions specified in Article 8(2) and (3) of that Regulation.

Keeping animals until the end of their natural lives

7.This paragraph applies if—

(a)the licence is granted for the purpose of the keeping of an animal by a facility (including any necessary ancillary activities such as transportation) until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation, and

(b)the appropriate authority is satisfied that all appropriate controls are in place to ensure that reproduction or escape of the animal is not possible.

Eradication measures

8.This paragraph applies if the licence is—

(a)granted for the purpose of implementation of an eradication measure pursuant to Article 17 of the Invasive Alien Species Regulation, and

(b)subject to such conditions as are, in the opinion of the appropriate authority, necessary to meet the aim of ensuring that the eradication measure to which the licence relates will be effective in achieving the complete and permanent removal of the population of the invasive alien species concerned.

Management measures

9.(1)This paragraph applies if the licence is granted for the purpose of implementation of a management measure pursuant to Article 19 of the Invasive Alien Species Regulation.

(2)But, where the licence is granted for the purpose of the commercial use, on a temporary basis, of an invasive alien species as part of such a management measure pursuant to Article 19(2) of that Regulation, this paragraph applies only if the appropriate authority is satisfied that—

(a)there is strict justification for that use, and

(b)all appropriate controls are in place to avoid any further spread of the species concerned.]

Section 15

X6 SCHEDULE 10U.K. Amendment of the Endangered Species (Import and Export) Act 1976

Editorial Information

X6The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IU.K. The Amendments

LicencesU.K.

1(1)After subsection (3) of section 1 of the 1976 Act (restriction on importation and exportation of certain animals and plants) there shall be inserted the following subsections—U.K.

(3A)Subsection (3) above shall not apply in relation to an application of any description if the scientific authority concerned has advised the Secretary of State as to whether licences should be issued in pursuance of applications of that description and, if so, their terms.

(3B)Where the Secretary of State is satisfied that the issue of a licence authorising the importation or exportation of any item which—

(a)is part of or derives from or is made wholly or partly from an animal of any of the kinds to which Schedule 1 or a plant of any of the kinds to which Schedule 2 to this Act for the time being applies ; but

(b)is not an item to which Schedule 3 to this Act for the time being applies.

would facilitate the importation or exportation of that item, he may, if he considers it expedient to do so, issue such a licence.

(2)In subsections (4), (5), (6) and (7) of that section after the words “subsection (2)” there shall be inserted the words “or (3B)”.

(3)In subsection (4) of that section after paragraph (a) there shall be inserted the following paragraphs—

(aa)may be issued either to all persons, to persons of a class or to a particular person ;

(ab)may be subject to compliance with any specified conditions,; and in paragraph (c) of that subsection for the words from “a period” to “shorter” there shall be substituted the word “such”.

Expenses of returning animals and plants to the wildU.K.

2U.K.After subsection (8) of section 1 of the 1976 Act there shall be inserted the following subsection—

(9)Where, in the case of a live animal or a plant of any kind which is condemned or deemed to be condemned as forfeited, the Commissioners of Customs and Excise incur any expenses in connection with, or with a view to—

(a)its return to the wild ; or

(b)its being kept at premises (whether within or outside the United Kingdom) which are suitable for the keeping of animals or plants of that kind,

those expenses may be recovered, as a debt due to the Crown, from the importer or intending exporter of the animal or plant or any person possessing or having control of it at the time of its seizure.

In this subsection expressions which are also used in the Customs and Excise Management Act 1979 have the same meanings as in that Act.

Powers of entryU.K.

3U.K.After the subsection inserted by paragraph 2 as subsection (9) of section 1 of the 1976 Act there shall be inserted the following subsections—

(10)Any person duly authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter any premises where animals of any of the kinds to which Schedule 1 or plants of any of the kinds to which Schedlule 2 to this Act for the time being applies are kept (whether temporarily or permanently) in order to ascertain whether any of the animals or plants kept there have been imported contrary to this section.

(11)Any person who wilfully obstructs a person acting under subsection (10) above shall be liable on summary conviction to a fine not exceeding £200.

Power to modify SchedulesU.K.

4(1)In paragraph (c) of section 3 of the 1976 Act (power to modify Schedules) after the word “conservation” there shall be inserted the words “in any area” and after the word “endangered” there shall be inserted the word “there”.U.K.

(2)After paragraph (d) of that section there shall be inserted the following paragraph—

(dd)to restrict the importation of animals or plants of any kind which appear to the Secretary of State to be unlikely to survive for any appreciable time if they are kept in the United Kingdom ;.

Sale of certain animals or plants or their derivativesU.K.

5(1) In subsection (1) of section 4 of the 1976 Act (offences to sell etc. things imported contrary to section 1 or their derivatives) for the words “Subject to subsection (2)” there shall be substituted the words “Subject to subsections (1B) and (2)”, after the words “has in his possession” there shall be inserted the words “or transports” and the words “and in the following provisions” onwards shall be omitted. U.K.

(2)After that subsection there shall be inserted the following subsections—

(1A)Subject to subsections (1B) and (2) below, a person who sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale—

(a)a live or dead animal of any of the kinds to which Schedule 4 to this Act for the time being applies or an egg or other immature stage of such an animal ;

(b)a live or dead plant of any of the kinds to which Schedule 5 to this Act for the time being applies ; or

(c)any part of or anything which derives from or is made wholly or partly from anything referred to in paragraph (a) or (b) above,

shall be guilty of an offence ; but nothing in this subsection shall apply in relation to anything falling within subsection (1) above or anything which has been imported, or is a part of or derives from or is made wholly or partly from anything which has been imported, before the passing of the Wildlife and Countryside Act 1981.

(1B)Subsections (1) and (1A) above do not apply to anything done under and in accordance with the terms of a licence issued by the Secretary of State ; and subsections (4) to (7) of section 1 above shall apply in relation to a licence issued under this subsection as they apply in relation to a licence issued under subsection (2) of that section.

(1C) In the following provisions of this section “ restricted article ” means anything falling within subsection (1) or (1A) above.

(3)In subsection (2) of that section after the words “subsection (1)” there shall be inserted the words “or (1A)”.

(4)In subsection (5) of that section after the words “subsection (1)” there shall be inserted the words “, (1A)”.

(5)In subsection (6) of that section after the words “references to” there shall be inserted the word “hire”.

(6)After Schedule 3 to the 1976 Act there shall be inserted as Schedule 4 the Schedule set out in Part II of this Schedule.

(7)After the Schedule inserted in the 1976 Act by sub-paragraph (6) there shall be inserted as Schedule 5 the Schedule set out in Part III of this Schedule.

Part IIU.K. Schedule inserted as Schedule 4

SCHEDULE 4U.K. Animals the Sale etc. of Which is Restricted

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

MAMMALSU.K.

1U.K.The kinds of mammal specified in the first column below—

MarsupialsU.K.
KindCommon name
BettongiaRat kangaroo
Caloprymnus campestrisDesert rat-kangaroo
Lagorchestes hirsutusWestern hare-wallaby
Lagostrophus fasciatusBanded hare-wallaby
Onychogalea fraenataBridle nail-tailed wallaby
Onychogalea lunataCrescent nail-tailed wallaby
Lasiorhinus krefftiiQueensland hairy-nosed wombat
Chaeropus ecaudatusPig-footed bandicoot
Macrotis lagotisRabbit-bandicoot
Macrotis leucaraLesser rabbit-bandicoot
Perameles bougainvilleWestern barred bandicoot
Sminthopsis longicaudataLong-tailed dunnart
Sminthopsis psammophilaSandhill dunnart
Thylacinus cynocephalusTasmanian wolf
PrimatesU.K.
AllocebusHairy-eared dwarf lemur
CheirogaleusDwarf lemurs
HapalemurGentle lemurs
LemurLemurs
LepilemurSportive and weasel lemurs
MicrocebusMouse lemurs
PhanerFork-marked mouse lemurs
AvahiAvahis (otherwise known as Woolly indris)
IndriIndris
PropithecusSifakas
Daubentonia madagascariensisAye-aye
Callimico goeldiiGoeldi’s marmoset (otherwise known as Goeldi’s tamarin)
Callithrix auritaWhite eared marmoset
Callithrix flavicepsBuff-headed marmoset
LeontopithecusManed tamarin (otherwise known as Golden tamarin)
Saguinus bicolorPied tamarin
Saguinus geoffroyiGeoffroy’s tamarin
Saguinus leucopusWhite-footed tamarin
Saguinus oedipusCotton-headed tamarin
Alouatta palliata (otherwise known as Alouatta villosa)Mantled howler
Ateles geoffroyi frontatusBlack-browed spider monkey
Ateles geoffroyi panamensisRed spider monkey
Brachyteles arachnoidesWoolly spider monkey
CacajaoUakaris
Chiropotes albinasusWhite-nosed saki
Saimiri oerstediiRed-backed squirrel monkey
Cercocebus galeritus galeritusTana River mangabey
Cercopithecus dianaDiana monkey
Colobus badius kirkiiKirk’s red colobus (otherwise known as Zanzibar red colobus)
Colobus badius rufomitratusTana River red colobus
Macaca silenusLion-tailed macaque
Nasalis larvatusProboscis monkey
Papio leucophaeus (otherwise known as Mandrillus leucophaeus)Drill
Papio sphinx (otherwise known as Mandrillus sphinx)Mandrill
Presbytis entellusLangur (otherwise known as Entellus langur or True langur)
Presbytis geeiGolden langur
Presbytis pileatusCaped langur
Presbytis potenzianiMentawi leaf monkey
Pygathrix nemaeusDouc langur
Rhinopithecus roxellanaeSnub-nosed langur
Simias concolorMentawi snub-nosed langur
HybolatesGibbons
Symphalangus syndactylusSiamang
PongidaeGreat apes
EdentatesU.K.
Pridontes giganteus (otherwise known as Priodontes maximus)Giant armadillo
PangolinsU.K.
Manis temminckiSouth African pangolin
Rabbits and haresU.K.
Caprolagus hispidusAssam rabbit (otherwise known as Hispid hare)
Romerolagus diaziVolcano rabbit
RodentsU.K.
Cynomys mexicanusMexican prairie marmot
Leporillus conditorAustralian sticknest rat
Pseudomys fumeusSmoky mouse
Pseudomys praeconisShark Bay mouse
Xeromys myoidesFalse water rat
Zyzomys pendunculatusCentral thick-tailed rat
Chinchilla (except any domestic form of Chinchilla laniger)Chinchilla
CetaceansU.K.
Lipotes vexilliferChinese river dolphin
Physter catodon (otherwise known as Physeter macrocephalus)Sperm whale
Platanista gangeticaGanges dolphin
Platanista minorIndus river dolpin
SotaliaHumpbacked dolphins
SousaHumpacked dolphins
Neophocaena phocaenoidesFinless porpoise
Phocoena sinusCochito
Balaena mysticetusGreenland right whale (otherwise known as Bowhead whale)
Balaenoptera borealisSei whale
Balaenoptera musculusBlue whale
Balaenoptera physalusCommon rorqual
EschrichtiusGrey whales
EubalaenaRight whales
Megaptera novaeangliaeHumpback whale
CarnivoresU.K.
Spethos venaticusBush dog
Vulpes velox hebesNorthern kit fox
Helarctos malayanusSun bear
Selenarctos thibetanusAsiatic black bear
Tremarctos ornatusSpectacled bear
Ursus arctos isabellinusBrown bear
Ursus arctos nelsoniMexican brown bear
Ursus arctos pruinosusTibetan brown bear
Aonyx microdonCameroon clawless otter
Enhydra lutris nereisSouthern sea otter
Lutra felinaMarine otter
Lutra longicaudisSouth American otter
Lutra lutraEurasian otter
Lutra provocaxSouthern river otter
Mustela nigripesBlack-footed ferret
Pteronura brasiliensisGiant otter
Prionodon pardicolorSpotted linsang
Hyaena brunneaBrown hyaena
Acinonyx jubatusCheetah
Felis bengalensis bengalensisLeopard cat
Felis concolor coryiFlorida puma
Felis concolor costaricensisCosta Rica puma
Felis concolor cougarEastern puma
Felis jacobitaAndean cat
Felis rufa escuinapaeMexican bobcat
Felis marmorataMarbled cat
Felis nigripesBlack-footed cat
Felis pardalis mearnsiCosta Rica ocelot
Felis pardalis mitisBrazilian ocelot
Felis planicepsFlat-headed cat
Felis rubiginosaRusty spotted cat
Felis temminckiAsiatic golden cat
Felis tigrina oncillaLittle spotted cat
Felis wiedii nicaraguaeNicaraguan margay
Felis wiedii salviniaGuatemalan margay
Felis yagouaroundi cacomitliJaguarundi
Felis yagouaroundi fossataJaguarundi
Felis yagouaroundi panamensisJaguarundi
Felis yagouaroundi toltecaJaguarundi
Neofelis nebulosaClouded leopard
Panthera leo persicaAsiatic lion
Panthera oncaJaguar
Panthera pardusLeopard
Panthera tigrisTiger
Panthera unciaSnow leopard
SealsU.K.
Arcocephalus townsendiGuadelupe fur seal
MonachusMonk seals
ElephantsU.K.
Elephas maximusAsian elephant
Sea-cowsU.K.
Dugong dugonDugong (otherwise known as Sea-cow)
Trichechus inunguisAmazonian manatee
Trichechus manatusWest Indian manatee
Odd-toed ungulatesU.K.
Equus grevyiGrevy’s zebra
Equus hemionus hemionusMongolian wild ass
Equus hemionus khurIndian wild ass
Equus przewalskiiPrzewalski’s horse
Equus zebra zebraCape mountain zebra
Tapirus bairdiiCentral American tapir
Tapirus indicusMalayan tapir (otherwise known as Indian tapir)
Tapirus pinchaqueMountain tapir (otherwise known as Woolly tapir)
RhinocerotidaeRhinoceroses
Even-toed ungulatesU.K.
Babyrousa babyrussaBabirusa
Sus salvaniusPygmy hog
Vicugna vicugnaCalamian deer
Axis kuhliBawean deer
Axis porcinus annamiticusThai hog deer
Blastocerus dichotomusMarsh deer
Cervus duvauceliSwamp deer
Cervus elaphus hangluKashmir stag (otherwise known as Hanglu)
Cervus eldiBrow-antlered deer
Dama mesopotamicaPersian fallow deer
Hippocamelus antisiensisPeruvian huemal
Hippocamelus bisulcusChilean huemal
Moschus moschiferus moschiferusHimalayan musk deer
Ozotoceros bezoarticusPampas deer
Pudu puduChilean pudu
Antilocapra americana peninsularisLower California pronghorn
Antilocapra americana sonoriensisSonoran pronghorn
Bison bison athabascaeWood bison
Bos gaurusGaur
Bos mutusWild yak
Bubulas depressicornisLowland anoa
Bubalus mindorensisTamaraw
Bubalus quarlesiMountain anoa
Capra falconeri chiltanensisMarkhor
Capra falconeri jerdoniMarkhor
Capra falconeri megacerosMarkhor
Capricornis sumatraensisSerow
Hippotragus niger varianiGiant sable antelope
Nemorhaedua goralGoral
Novibos sauveliKoupray
Oryx leucoryxArabian oryx
Ovis ammon hodgsoniGreat Tibetan sheep
Ovis orientalis ophionCyprian mouflon
Ovis vigneiUrial
Pantholops hodgsoniTibetan antelope
Rupicapra rupicapra ornataAbrussi chamois

BIRDSU.K.

2U.K.The kinds of bird specified in the first column below—

RheasU.K.
Pterocnemia pennataLesser rhea
TinamousU.K.
Tinamus solitariusSolitary tinamou
PenguinsU.K.
Spheniscus humboldtiHumboldt penguin
GrebesU.K.
Podilymbus gigasAtitlan grebe
AlbatrossesU.K.
Diomedea albatrusShort-tailed albatross
Pelican-like birdsU.K.
Sula abbottiAbbot’s booby
Fregata andrewsiChristmas Island frigatebird
StorksU.K.
Ciconia ciconia boycianaJapanese white stork
Geronticus eremitaBald ibis
Nipponia nipponJapanese crested ibis
WaterfowlU.K.
Anas aucklandica nesiotisCampbell Island Flightless teal
Anas laysanensisLaysan duck
Anas oustaletiMarianas Island duck (otherwise known as Marianas Mallard)
Branta canadensis leucopareiaAleutian Canada goose
Branta sandvicensisHawaiian goose (otherwise known as Nene)
Cairina scutulataWhite winged wood duck
Rhodonessa caryophyllaceaPink-headed duck
Diurnal Birds of PreyU.K.
CathartidaeNew world vultures
Pandion haliaetusOsprey
AccipitridaeTrue hawks
Sagittarius serpentariusSecretary bird
FalconidaeFalcons
GamebirdsU.K.
Aburria jacutingaBlack-fronted curassow (otherwise known as Black-fronted guan)
Aburria pipileWhite-headed curassow (otherwise known as Piping guan)
Catreus wallichiiCheer pheasant
Colinus virginianus ridgwayiMasked bobwhite
Crax blumenbachiiRed-billed curassow
Crax mituRazor-billed curassow
Crossoptilon crossoptilonWhite Eared-pheasant
Crossoptilon mantchuricumBrown Eared-pheasant
Lophophorus impejanusHimalayan monal
Lophophorus lhuysiiChinese monal
Lophophorus sclateriSclater’s monal
Lophura edwardsiEdward’s pheasant
Lophura imperialisImperial pheasant
Lophura swinhoeiSwinhoe’s pheasant
Macrocephalon maleoMaleo Fowl
Oreophasis derbianusHorned guan
Penelope albipennisWhite-winged guan
Polyplectron emphanumPalawan peacock pheasant
Syrmaticus elliotiElliot’s pheasant
Syrmaticus humiaeHume’s pheasant (otherwise known as Bar-tailed pheasant)
Syrmaticus mikadoMikado pheasant
Tetraogallus caspiusCaspian snowcock
Tetraogallus tibetanusTibetan snowcock
Tragopan blythiiBlyth’s tragopan
Tragopan cabotiCabot’s tragopan
Tragopan melanocephalusWestern tragopan
Tympanuchus cupido attwateriAttwater’s prairie chicken
Cranes and railsU.K.
Grus americanaWhooping crane
Grus canadensis nesiotesCuban sandhill crane
Grus canadensis pullaMississippi sandhill crane
Grus japonensisManchurian crane (otherwise known as Japanese crane)
Grus leucogeranusSiberian White crane
Grus monachaHooded crane
Grus nigricollisBlack-necked crane
Grus vipioWhite-necked crane (otherwise known as White-naped crane)
Tricholimnas sylvestrisLord Howe wood-rail
Rhynochetos jubatusKagu
Chlamydotis undulataHoubara bustard
Choriotis nigriceps (otherwise known as Ardeotis nigriceps)Great Indian bustard
Eupodotis bengalensisBengal florican
Waders and GullsU.K.
Numenius borealisEskimo curlew
Tringa guttiferSpotted greenshank (otherwise known as Nordmann’s greenshank)
Larus relictusRelict gull
Pigeons and dovesU.K.
Caloenas nicobaricaNicobar pigeon
Ducula mindorensisMindoro imperial pigeon
ParrotsU.K.
Amazona arausiacaRed-necked parrot (otherwise known as Red-necked amazon)
Amazona barbadensisYellow-shouldered parrot (otherwise known as Yellow-shouldered amazon)
Amazona brasiliensisRed-tailed parrot (otherwise known as Red-tailed amazon)
Amazona guildingiiSt. Vincent parrot (otherwise known as St. Vincent amazon)
Amazona imperialisImperial parrot (otherwise known as Imperial amazon)
Amazona leucocephalaCuban parrot (otherwise known as Cuban amazon)
Amazona pretreiRed-spectacled parrot (otherwise known as Red-spectacled amazon)
Amazona rhodocorytha(otherwise known as Amazona dufresniana rhodocorytha)Red-crowned parrot (otherwise known as Red-crowned amazon)
Amazona versicolorSt Lucia parrot (otherwise known as St Lucia amazon)
Amazona vinaceaVinaceous parrot (otherwise known as Vinaceous amazon)
Amazona vittataPuerto Rico parrot (otherwise known as Puerto Rican amazon)
Anodorhynchus glaucusGlaucous macaw
Anodorhynchus leariLear’s macaw
Aratinga guarubaGolden parakeet (otherwise known as Golden conure)
Cyanopsitta spixiiSpix’s macaw
Cyanoramphus auriceps forbesiForbes’ parakeet
Cyanoramphus novaezelandiaeRed-fronted parakeet
Cyclopsitta diophthalma coxeni (otherwise known as Opopsitta diophthalma coxeni)Coxen’s fig parrot
Geopsittacus occidentalisAustralian night parrot
Neophema chrysogasterOrange-bellied parakeet (otherwise known as Orange-bellied parrot)
Pezoporus wallicusGround parrot
Pionopsitta pileataRed-capped parrot (otherwise known as Pileated parrot)
Psephotus chrysopterygiusGolden-shouldered parakeet (otherwise known as Golden-shouldered parrot or Hooded parakeet)
Psephotus pulcherrimusParadise parrot
Psittacula echo (otherwise known as Psittacula krameri echo)Mauritius parakeet (otherwise known as Mauritius ring-necked parakeet)
Psittacus erithacus princepsFernando Po grey parrot
Pyrrhura cruentataBlue-throated conure
Rhynchopsitta pachyrhynchaThick-billed parrot
Rhynchopsitta terrisiMaroon-fronted parrot
Strigops habroptilusKakapo (otherwise known as Owl parrot)
HummingbirdsU.K.
Ramphodon dohrniiHook-billed hermit
TrogonsU.K.
Pharomachrus mocinno costaricensisCosta Rican quetzal (otherwise known as Resplendent quetzal)
Pharomachrus mocinno mocinnoMagnificent quetzal (otherwise known as Resplendent quetzal)
OwlsU.K.
TytonidaeBarn owls
StrigidaeTypical owls
HornbillsU.K.
Buceros bicornis (otherwise known as Buceros homraiGreat pied hornbill
Rhinoplax vigilHelmeted hornbill
WoodpeckersU.K.
Campephilus imperialisImperial woodpecker
Dryocopus javensis richardsiTristram’s woodpecker (otherwise known as White-bellied black woodpecker)
SongbirdsU.K.
Cotinga maculataBanded cotinga
Xipholena atropurpureaWhite-winged cotinga
Pitta kochiKoch’s pitta
Atrichornis clamosaNoisy scrub-bird
Leucopsar rothschildiRothschild’s mynah
Dasyornis brachypterus longirostrisWestern bristlebird
Dasyornis broadbenti littoralisWestern rufous bristlebird
Picathartes gymnocephalusWhite-necked rockfowl (otherwise known as Yellow-headed rockfowl or Guinea bear-headed rockfowl)
Picathartes oreasGrey-necked rockfowl (otherwise known as Cameroon bare-headed rockfowl or Red-headed rockfowl)
Zosterops albogularisWhite-breasted silver-eye
Meliphaga cassidixHelmeted honeyeater
Spinus cucullatus (otherwise known as Carduelis cucullatus)Red siskin

U.K. REPTILES

3U.K.The kinds of reptile specified in the first column below—

CrocodiliansU.K.
Alligator sinensisChinese alligator
Caiman crocodilus apaporiensisRio Apaporis caiman (otherwise known as Spectacled caiman)
Caiman latirostrisBroad-nosed caiman
Melanosuchus nigerBlack caiman
Crocodylus acutusAmerican crocodile
Crocodylus cataphractusAfrican slender-snouted crocodile (otherwise known as African sharp-nosed crocodile)
Crocodylus intermediusOrinoco crocodile
Crocodylus moreletiiMorelet’s crocodile
Crocodylus niloticusNile crocodile
Crocodylus novaeguineae mindorensisPhilippine crocodile
Crocodylus palustrisMugger (otherwise known as Marsh crocodile or Broad-snouted crocodile)
Crocodylus porosusEstuarine crocodile (otherwise known as Salt-water crocodile)
Crocodylus rhombiferCuban crocodile
Crocodylus siamensisSiamese crocodile
Osteolaemus tetraspisWest African dwarf crocodile
Tomistoma schlegeliiFalse gharial (otherwise known as False gavial)
Gavialis gangeticusIndian gharial (otherwise known as Indian gavial)
IguanasU.K.
BrachylophusFijian iguanas
CycluraCaribbean rock iguanas
Sauromalus variusSan Esteban Island chuck-walla
LizardsU.K.
Varanus bengalensisBengal monitor (otherwise known as Indian monitor or Common monitor)
Varanus flavescensYellow monitor
Varanus griseusDesert monitor (otherwise known as Agra monitor or Grey monitor)
Varanus komodoensisKomodo dragon
SnakesU.K.
AcrantophisMadagascar boas
BolyeriaRound island boas
CasareaRound island boas
Epicrates inornatusYellow tree boa
Epicrates subflavusJamaican boa
Python molurus molurusIndian python (otherwise known as Indian rock python)
Sanzinia madagascariensisMadagascar boa
TuataraU.K.
Sphenodon punctatusTuatara
CheloniansU.K.
Batagur baskaRiver terrapin (otherwise known as Tuntong)
Geoclemys hamiltonii (otherwise known as Damonia hamiltonii)Black pond turtle (otherwise known as Spotted pond turtle)
Melanochelys tricarinata (otherwise known as Geoemyda tricarinata or Nicoria tricarinata)Three-keeled turtle (otherwise known as Three-keeled land tortoise)
Kachuga tecta tectaIndian tent turtle (otherwise known as Indian sawback turtle or Roofed turtle or Dura turtle)
Morenia ocellataBurmese swamp turtle
Terrapene coahuilaAquatic box turtle (otherwise known as Water box turtle)
Geochelone elephantopus (otherwise known as Testudo elephantopus)Galapagos giant tortoise
Geochelone radiata (otherwise known as Testudo radiata)Radiated tortoise (otherwise known as Rayed tortoise)
Geochelone yniphora (otherwise known as Testudo yniphora)Madagascar tortoise (otherwise known as Rayed tortoise or Angonoka)
Gopherus flavomarginatus (otherwise known as Crophemus polyphemus flavomarginatus)Mexican gopher tortoise
Psammobates geometricus (otherwise known as Testudo geometricus)Geometric tortoise
CheloniidaeSea turtles
Dermochelys coriaceaLeatherback turtle (otherwise known as Leathery turtle or Luth)
Lissemys punctata punctataIndian flap-shelled turtle
Trionyx aterCuatro Cienegas soft-shell turtle (otherwise known as Black soft-shelled turtle)
Trionyx gangeticusGanges soft-shelled turtle (otherwise known as Indian soft-shelled turtle)
Trionyx hurumPeacock-marked soft-shelled turtle
Trionyx nigricansDark-coloured soft-shelled turtle
Pseudemydura umbrinaShort-necked turtle (otherwise known as Western swamp turtle)

U.K. AMPHIBIANS

The kinds of amphibian specified in the first column below—

Andrias davidianus (otherwise known as Megalo batrachus davidianus)Chinese giant salamander
Andrias japonicus (otherwise known as Megalobatrachus japonicus)Japanese giant salamander
Atelopus varius zetekiGolden frog (otherwise known as Zetek’s frog)
Bufo periglenesGolden toad (otherwise known as Orange toad)
Bufo superciliarisCameroon toad
NectophrynoidesViviparous toads

U.K. FISH

5U.K.The kinds of fish specified in the first column below—

KindCommon name
Acipenser brevirostrumShortnose sturgeon
Scleropages formosusAsiatic bonytongue
Coregonus alpenaeLongjaw cisco
Chasmistes cujusCui-ui
Probarbus jullienilkan temolek
Pangasianodon gigasGiant catfish
Stizostedion vitreum glaucumBlue walleye
Cynoscion macdonaldiDrum fish

U.K. MOLLUSCS

6U.K.The kinds of mollusc specified below—

Conradilla caelata

Dromus dromas

Epioblasma florentina curtisi (otherwise known as Dysnomia florentina curtisi)

Epioblasma florentina florentina (otherwise known as Dysnomia florentina florentina)

Epioblasma sampsoni (otherwise known as Dysnomia sampsoni)

Epioblasma sulcata perobliqua (otherwise known as Dysnomia sulcata perobliqua)

Epioblasma torulosa gubernaculum (Otherwise known as Dysnomia torulosa gubernaculum)

Epioblasma torulosa torulosa (otherwise known as Dysnomia torulosa torulosa)

Epioblasma turgidula (otherwise known as Dysnomia turgidula)

Epioblasma walkeri (otherwise known as Dysnomia walkeri)

Fusconaia cuneolus

Fusconaia edgariana

Lampsilis higginsi

Lampsilis orbiculata orbiculata

Lampsilis satura

Lampsilis verescens

Plethobasus cicatricosus

Plethobasus cooperianus

Pleurobema plenum

Potamilus capax (otherwise known as Proptera capax)

Quadrula intermedia

Quadrula sparsa

Toxolasma cylindrella (otherwise known as Carunculina cylindrella)

Unio nickliniana (otherwise known as Megalonaias nickliniana)

Unio tampicoensis tecomatensis (otherwise known as Lampsilis tampicoensis tecomatensis)

Villosa trabalis (otherwise known as Micromya trabalis)

NOTE. The second column of this Schedule gives a common name or names, where available, and is included by way of guidance only ; in the event of any dispute or proceedings, only the first column is to be taken into account.

Part IIIU.K.

U.K. Schedule inserted as Schedule 5

SCHEDULE 5U.K.

U.K. Plants the sale etc. of which is restricted

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

FamilyKind
ApocynaceaePachypodium namaquanum
AraceaeAlocasia sanderana
CactaceaeAriocarpus agavoides
Ariocarpus scapharostrus
Aztekium ritteri
Echinocereus lindsayi
Obregonia denegrii
Pelecyphora aselliformis
Pelecyphora strobiliformis
CaryocaraceaeCaryocar costaricense
CaryophyllaceaeGymnocarpus przewalskii
Melandrium mongolicus
Silene mongolica
Stellaria pulvinata
CupressaceaeFitzroya cupressoides
Pilgerodendron uviferum
CycadaceaeMirocycas calocoma
GentianaceaePrepusa hookeriana
HumiriaceaeVantanea barbourii
JuglandaceaeEngelhardtia pterocarpa
LeguminosaeAmmopiptanthus mongolicum
Cynometra hemitomophylla
Platymiscium pleiostachyum
Tachigalia versicolor
LiliaceaeAloe albida
Aloe pillansii
Aloe polyphylla
Aloe thorncropftii
Aloe vossii
MelastomataceaeLavoisiera itambana
MeliaceaeGuarea longipetiola
MoraceaeBatocarpus costaricensis
NepenthaceaeNepenthes rajah
OrchidaceaeCattleya skinneri
Cattleya trianae
Didiciea cunninghamii
Laelia jongheana
Laelia lobata
Lycaste virginalis var alba
Peristeria elata
Renanthera imschootiana
Vanda coerulea
PinaceaeAbies guatemalensis
Abies nebrodensis
PodocarpaceaePodocarpus costalis
Podocarpus parlatorei
ProteaceaeOrothamnus zeyheri
Protea odorata
RubiaceaeBalmea stormae
SarraceniaceaeSarracenia alabamensis alabamensis
Sarracenia jonesii
Sarracenia oreophila
Saxifragaceae (otherwise known as Grossulariaceae)Ribes sardoum
StangeriaceaeStangeria eriopus
UlmaceaeCeltis aetnensis
WelwitschiaceaeWelwitschia bainesii
ZamiaceaeEncephalartos
ZingiberaceaeHedychium philippinense

[F111SCHEDULE 10AE+W Delegation of Appellate Functions

Textual Amendments

F111 Sch. 10A inserted (30.1.2001) by 2000 c. 37 , ss. 75(1) , 103(2) , Sch. 9 para. 7

InterpretationE+W

1E+WIn this Schedule—

  • appointed person ” means a person appointed under section 28F(8) or 28L(10); and

  • appointment ”, in the case of any appointed person, means appointment under either of those provisions.

AppointmentsE+W

2E+WAn appointment under section 28F(8) or 28L(10) must be in writing and—

(a)may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified;

(b)may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and

(c)may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal or matter which has not been determined by the appointed person before that time.

Powers of appointed personE+W

3E+WSubject to the provisions of this Schedule, an appointed person shall, in relation to any appeal or matter to which his appointment relates, have the same powers and duties as the Secretary of State, other than—

(a)any function of making regulations;

(b)any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or

(c)any function of appointing a person for the purpose—

(i)of enabling persons to appear before and be heard by the person so appointed, or

(ii)of referring any question or matter to that person.

Holding of local inquiries and other hearings by appointed personsE+W

4(1)If either of the parties to an appeal or matter expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.E+W

(2)Whether or not a party to an appeal or matter has asked for an opportunity to appear and be heard, the appointed person—

(a)may hold a local inquiry or other hearing in connection with the appeal or matter, and

(b)shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal or matter.

(3)Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter.

(4)Subject to section 28F(10) or 28L(12), the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.

Revocation of appointments and making of new appointmentsE+W

5(1)Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal or matter, the Secretary of State shall, unless he proposes to determine the appeal or matter himself, appoint another person under section 28F(8) or 28L(10) to determine the appeal or matter instead.E+W

(2)Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh.

(3)Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Certain acts and omissions of appointed persons to be treated as those of the Secretary of StateE+W

6(1)Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State.E+W

(2)Sub-paragraph (1) shall not apply—

(a)for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or

(b)for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.]

Sections 29 and 34.

SCHEDULE 11E+W+S Procedure in Connection with Certain Orders under Part II

Coming into operationE+W+S

F112 1 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Publicity for ordersE+W+S

F113 2 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Unopposed ordersE+W+S

F114 3 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Opposed ordersE+W+S

F115 4 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Restriction on power to amend orders or confirm them with modificationsE+W+S

F116 5 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Notice of final decision on ordersE+W+S

F117 6 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Proceedings for questioning validity of ordersE+W+S

F118 7 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

InterpretationE+W+S

F119 8 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F119 Sch. 11 (paras. 1-8) repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , ss. 57 , 59 , Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2 para. 11 ); S.S.I. 2004/495 , art. 2

Section 36.

F120 SCHEDULE 12E+W+S Procedure in Connection With Orders Under Section 36

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

Textual Amendments

F120Sch. 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)

F121 SCHEDULE 13 E+W

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

Section 53.

SCHEDULE 14E+W+S Applications for Certain Orders Under Part III

Form of applicationsE+W+S

1E+W+SAn application shall be made in the prescribed form and shall be accompanied by—

(a)a map drawn to the prescribed scale and showing the way or ways to which the application relates; and

(b)copies of any documentary evidence (including statements of witnesses) which the applicant wishes to adduce in support of the application.

Notice of applicationsE+W+S

2(1)Subject to sub-paragraph (2), the applicant shall serve a notice stating that the application has been made on every owner and occupier of any land to which the application relates.E+W+S

(2)If, after reasonable inquiry has been made, the authority are satsified that it is not practicable to ascertain the name or address of an owner or occupier of any land to which the application relates, the authority may direct that the notice required to be served on him by sub-paragraph (1) may be served by addressing it to him by the description “owner” or “occupier” of the land (describing it) and by affixing it to some conspicuous object or objects on the land.

(3)When the requirements of this paragraph have been complied with, the applicant shall certify that fact to the authority.

(4)Every notice or certificate under this paragraph shall be in the prescribed form.

Determination by authorityE+W+S

3(1)As soon as reasonably practicable after receiving a certificate under paragraph 2(3), the authority shall—E+W+S

(a)investigate the matters stated in the application; and

(b)after consulting with every local authority whose area includes the land to which the application relates, decide whether to make or not to make the order to which the application relates.

(2)If the authority have not determined the application within twelve months of their receiving a certificate under paragraph 2(3), then, on the applicant making representations to the Secretary of State, the Secretary of State may, after consulting with the authority, direct the authority to determine the application before the expiration of such period as may be specified in the direction.

(3)As soon as practicable after determining the application, the authority shall give notice of their decision by serving a copy of it on the applicant and any person on whom notice of the application was required to be served under paragraph 2(1).

Appeal against a decision not to make an orderE+W+S

4(1)Where the authority decide not to make an order, the applicant may, at any time within 28 days after service on him of notice of the decision, serve notice of appeal against that decision on the Secretary of State and the authority.E+W+S

(2)If on considering the appeal the Secretary of State considers that an order should be made, he shall give to the authority such directions as appear to him necessary for the purpose [F122(which may include a direction as to the time within which an order is to be made)].

Textual Amendments

F122 Words in Sch. 14 para. 4(2) inserted (E.W.) (13.2.2004 for E. and 31.5.2005 for W.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 10 ; S.I. 2004/292 , art. 2 ; S.I. 2005/1314 , art. 2(a)

InterpretationE+W+S

5(1)In this Schedule—E+W+S

  • application ” means an application under section 53(5);

  • local authority ” means [F123 a non-metroplitan district council ] , a parish F124 . . . council or the parish meeting of a parish not having a separate parish council [F125 but, in relation to Wales, means a community council ] ;

  • prescribed ” means prescribed by regulations made by the Secretary of State.

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

Textual Amendments

F124 Words in Sch. 14 para. 5(1) repealed (1.4.1996) by 1994 c. 19 , s. 66(6)(8) , Sch. 16 para. 65(11) , Sch. 18 (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2

F125 Words in Sch. 14 para. 5(1) added (1.4.1996) by 1994 c. 19 , s. 66(6) , Sch. 16 para. 65(11) (with ss. 54(5)(7) , 55(5) , Sch. 17 paras. 22(1) , 23(2) ); S.I. 1996/396 , art. 4 , Sch. 2

Sections 53 and 54.

SCHEDULE 15E+W+S Procedure in Connection with Certain Orders Under Part III

ConsultationE+W+S

1E+W+SBefore making an order, the authority shall consult with every local authority whose area includes the land to which the order relates.

Coming into operationE+W+S

2E+W+SAn order shall not take effect until confirmed either by the authority or the Secretary of State under paragraph 6 or by the Secretary of State under paragraph 7.

Publicity for ordersE+W+S

3(1)On making an order, the authority shall give notice in the prescribed form—E+W+S

(a)describing the general effect of the order and stating that it has been made and requires confirmation;

(b)naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and

(c)specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order [F126, 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 [F127(1)(c) or] (8) shall be construed as limiting [F128the grounds which may be relied on or] the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 7 or 8.

Textual Amendments

F126 Words in Sch. 15 para. 3(1)(c) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(2) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

F127 Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(3)(a) ); S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

F128 Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(3)(b) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

Representations or objections made with respect to abandoned surveys or reviewsE+W+S

4(1)This paragraph applies where a survey begun under sections 27 to 32 of the 1949 Act, or a review begun under section 33 of that Act, is abandoned after a draft map and statement have been prepared.E+W+S

(2)If an order modifies the definitive map and statement so as—

(a)to show any particulars shown in the draft map and statement but not in the definitive map and statement; or

(b)to omit any particulars shown in the definitive map and statement but not in the draft map and statement,

any representation or objection duly made with respect to the showing in or omission from the draft map and statement of those particulars shall be treated for the purposes of paragraphs 6 and 7 as a representation or objection duly made with respect to the corresponding modifications made by the order.

Severance of ordersE+W+S

5(1)Where at any time representations or objections duly made and not withdrawn relate to some but not all of the modifications made by an order, the authority may, by notice given to the Secretary of State, elect that, for the purposes of the following provisions of this Schedule, the order shall have effect as two separate orders—E+W+S

(a)the one comprising the modifications to which the representations or objections relate; and

(b)the other comprising the remaining modifications.

(2)Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.

Unopposed ordersE+W+S

6(1)If no representations or objections are duly made, or if any so made are withdrawn, the authority may—E+W+S

(a)confirm the order without modification; or

(b)if they require any modification to be made, submit the order to the Secretary of State for confirmation by him.

(2)Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State may confirm the order with or without modifications.

Opposed ordersE+W+S

7 (1)If any representation or objection duly made is not withdrawn the authority shall submit the order to the Secretary of State for confirmation by him.E+W

(2)Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall [F129, subject to sub-paragraph (2A),] either—

(a)cause a local inquiry to be held; or

(b)afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

[F130(2A)The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications.]

(3)On considering any representations or objections duly made and the report of [F131any person appointed to hold an inquiry] or hear representations or objections, the Secretary of State may confirm the order with or without modifications.

Extent Information

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

Textual Amendments

F129 Words in Sch. 15 para. 7(2) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(4) ; S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)

F130 Sch. 15 para. 7(2A) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(5) ; S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)

F131 Words in Sch. 15 para. 7(3) substituted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(6) : S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/2459 , art. 2(2)(b)(iii)

7(1)If any representation or objection duly made is not withdrawn the authority shall submit the order to the Secretary of State for confirmation by him.S

(2)Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall either—

(a)cause a local inquiry to be held; or

(b)afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

(3)On considering any representations or objections duly made and the report of the person appointed to hold the inquiry or hear representations or objections, the Secretary of State may confirm the order with or without modifications.

Extent Information

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

Restriction on power to confirm orders with modificationsE+W+S

8 (1)The Secretary of State shall not confirm an order with modifications so as—E+W

(a)to affect land not affected by the order;

(b)not to show any way shown in the order or to show any way not so shown; or

(c)to show as a highway of one description a way which is shown in the order as a highway of another description,

except after complying with the requirements of sub-paragraph (2).

(2)The said requirements are that the Secretary of State shall—

(a)give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal [F132, which must include particulars of the grounds relied on,] may be made;

[F133(b)if any representation or objection duly made is not withdrawn (but subject to sub-paragraph (3)), hold a local inquiry or afford any person by whom any such representation or objection has been made an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

(c)consider the report of any person appointed to hold an inquiry or to hear representations or objections.

(3)The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his proposal.

(4)Sub-paragraph (2)(a) shall not be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under this paragraph.]

Extent Information

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

Textual Amendments

F132 Words in Sch. 15 para. 8(2)(a) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(7)(a) ; S.I. 2002/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

F133 Sch. 15 para. 8(2)(b)(c)(3)(4) substituted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) for Sch. 15 para. 8(2)(b)(c) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(7)(b) : S.I. 2004/292 , art. 2(d)(iii) (with art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

8(1)The Secretary of State shall not confirm an order with modifications so as—S

(a)to affect land not affected by the order;

(b)not to show any way shown in the order or to show any way not so shown; or

(c)to show as a highway of one description a way which is shown in the order as a highway of another description,

except after complying with the requirements of sub-paragraph (2).

(2)The said requirements are that the Secretary of State shall—

(a)give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made;

(b)hold a local inquiry or afford any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

(c)consider the report of the person appointed to hold the inquiry or to hear representations or objections.

Extent Information

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

Local inquiriesE+W+S

F134 9 E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F134 Sch. 15 para. 9 omitted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by virtue of 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(8) and repealed (6.12.2006 for W. and otherwise prosp.) by 2000 c. 37 , ss. 102 , 103(3) , Sch. 16 Pt. II ; S.I. 2004/292 , art. 2(d)(iii) (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a)(iii) ; S.I. 2005/2459 , art. 2(2)(b)(iii) ; S.I. 2006/3257 , art. 2

Appointment of inspectors etc. E+W+S

10(1)A decision of the Secretary of State under paragraph 6, 7 or 8 shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.E+W+S

(2)The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3)Where the Secretary of State has appointed a person to make a decision under paragraph 6, 7 or 8 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4)Where by virtue of sub-paragraph (2) or (3) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

(5)Regulations under this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

[F135 Hearings and local inquiries]E+W

Textual Amendments

F135 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)

[F13610A(1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the M6 Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to any hearing or local inquiry held under paragraph 7 or 8 [F137in England] as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section. E+W

(2)In its application to a hearing or inquiry held under paragraph 7 or 8 by a person appointed under paragraph 10(1), subsection (5) of that section shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.

(3) Section 322A of the M7 Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) shall apply in relation to a hearing or local inquiry under paragraph 7 or 8 [F138in England] as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.

[F139(4)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under paragraph 7 or 8 in Wales as it applies in relation to a hearing or inquiry mentioned in that section.]]

Textual Amendments

F136 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) ,