SCHEDULES
F106SCHEDULE ZA1Birds which re-use their nests
Common name | Scientific name |
|---|---|
Eagle, Golden | Aquila chrysaetos |
Eagle, White-tailed | Haliaetus albicilla |
Osprey | Pandion haliaetus |
NOTE: The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account. | |
F107SCHEDULE A1Protected nests and nest sites: birds
Sch. A1 inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 24; S.S.I. 2004/495, art. 2
Entry in Sch. A1 inserted (16.3.2013) by The Wildlife and Countryside Act 1981 (Variation of SchedulesA1 and 1A) (Scotland) Order 2013 (S.S.I. 2013/31), arts. 1(1), 2
Common name | Scientific name |
|---|---|
F133Eagle, Golden | Aquila chrysaetos |
Eagle, White-tailed | Haliaetus albicilla |
SCHEDULE 1 Birds which are Protected by Special Penalties
Part I At All Times
Sch. 1 Pt. I : Words inserted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(3)
Common name | Scientific name |
|---|---|
Avocet | Recurvirostra avosetta |
Bee-eater | Merops apiaster |
Bittern | Botaurus stellaris |
Bittern, Little | Ixobrychus minutus |
Bluethroat | Luscinia svecica |
Brambling | Fringilla montifringilla |
Bunting, Cirl | Emberiza cirlus |
Bunting, Lapland | Calcarius lapponicus |
Bunting, Snow | Plectrophenax nivalis |
Buzzard, Honey | Pernis apivorus |
F1Capercaillie | F1 Tetracurogallus |
Chough | Pyrrhocorax pyrrhocorax |
Corncrake | Crex crex |
Crake, Spotted | Porzana porzana |
Crossbills (all species) | Loxia |
Curlew, Stone | Burhinus oedicnemus |
Divers (all species) | Gavia |
Dotterel | Charadrius morinellus |
Duck, Long-tailed | Clangula hyemalis |
Eagle, Golden | Aquila chrysaetos |
Eagle, White-tailed | Haliaetus albicilla |
Falcon, Gyr | Falco rusticolus |
Fieldfare | Turdus pilaris |
Firecrest | Regulus ignicapillus |
Garganey | Anas querquedula |
Godwit, Black-tailed | Limosa limosa |
Goshawk | Accipiter gentilis |
Grebe, Black-necked | Podiceps nigricollis |
Grebe, Slavonian | Podiceps auritus |
Greenshank | Tringa nebularia |
Gull, Little | Larus minutus |
Gull, Mediterranean | Larus melanocephalus |
Harriers (all species) | Circus |
Heron, Purple | Ardea purpurea |
Hobby | Falco subbuteo |
Hoopoe | Upupa epops |
Kingfisher | Alcedo atthis |
Kite, Red | Milvus milvus |
Merlin | Falco columbarius |
Oriole, Golden | Oriolus oriolus |
Osprey | Pandion haliaetus |
Owl, Barn | Tyto alba |
Owl, Snowy | Nyctea scandiaca |
Peregrine | Falco peregrinus |
Petrel, Leach’s | Oceanodroma leucorhoa |
Phalarope, Red-necked | Phalaropus lobatus |
Plover, Kentish | Charadrius alexandrinus |
Plover, Little Ringed | Charadrius dubius |
Quail, Common | Coturnix coturnix |
Redstart, Black | Phoenicurus ochruros |
Redwing | Turdus iliacus |
Rosefinch, Scarlet | Carpodacus erythrinus |
Ruff | Philomachus pugnax |
Sandpiper, Green | Tringa ochropus |
Sandpiper, Purple | Calidris maritima |
Sandpiper, Wood | Tringa glareola |
Scaup | Aythya marila |
Scoter, Common | Melanitta nigra |
Scoter, Velvet | Melanitta fusca |
Serin | Serinus serinus |
Shorelark | Eremophila alpestris |
Shrike, Red-backed | Lanius collurio |
Spoonbill | Platalea leucorodia |
Stilt, Black-winged | Himantopus himantopus |
Stint, Temminck’s | Calidris temminckii |
Swan, Bewick’s | Cygnus bewickii |
Swan, Whooper | Cygnus cygnus |
Tern, Black | Chlidonias niger |
Tern, Little | Sterna albifrons |
Tern, Roseate | Sterna dougallii |
Tit, Bearded | Panurus biarmicus |
Tit, Crested | Parus cristatus |
Treecreeper, Short-toed | Certhia brachydactyla |
Warbler, Cetti’s | Cettia cetti |
Warbler, Dartford | Sylvia undata |
Warbler, Marsh | Acrocephalus palustris |
Warbler, Savi’s | Locustella luscinioides |
Whimbrel | Numenius phaeopus |
Woodlark | Lullula arborea |
Wryneck | Jynx torquilla |
Part II During the Close Season
Common name | Scientific name |
|---|---|
Goldeneye | Bucephala clangula |
Goose, Greylag (in Outer Hebrides, Caithness, Sutherland and Wester Ross only) | Anser anser |
Pintail | Anas acuta |
Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the comon name or names shall not be taken into account.
F108SCHEDULE 1ABirds which are Protected from Harassment
Sch. 1A inserted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 25; S.S.I. 2004/495, art. 2
Entries in Sch. 1A inserted (16.3.2013) by The Wildlife and Countryside Act 1981 (Variation of SchedulesA1 and 1A) (Scotland) Order 2013 (S.S.I. 2013/31), arts. 1(1), 3
SCHEDULE 2 Birds which may be Killed or Taken
Part I Outside the Close Season
Sch. 2 Pt. 1 words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(4)
Words in Sch. 2 Pt. 1 inserted (E.W.) (31.3.2020) by The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (England) Order 2020 (S.I. 2020/245), arts. 1(1), 2(a)
Words in Sch. 2 Pt. 1 omitted (E.W.) (1.4.2020) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (Wales) Order 2020 (S.I. 2020/272), arts. 1, 2(a)
Words in Sch. 2 Pt. 1 inserted (E.W.) (31.3.2020) by The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (England) Order 2020 (S.I. 2020/245), arts. 1(1), 2(b)
Words in Sch. 2 Pt. 1 omitted (E.W.) (1.4.2020) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (Wales) Order 2020 (S.I. 2020/272), arts. 1, 2(b)
Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(a) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)
Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(b) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)
Sch. 2 Pt. 1 entries inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(7)(c) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(b)
Common name | Scientific name |
|---|---|
F2Capercaillie | F2Tetrao urogallus |
Coot | Fulica atra |
Duck, Tufted | Aythya fuligula |
Gadwall | Anas strepera |
Goldeneye | Bucephala clangula |
Goose, Canada | Branta canadensis |
Goose, Greylag | Anser anser |
Goose, Pink-footed | Anser brachyrhynchus |
Goose, White-fronted (in England and Wales only) F151, except F153... Greenland White-fronted Goose | Anser albifrons F152except F154... Anser albifrons flavirostris |
F111Grouse, Black | Tetrao tetrix |
F111Grouse, Red | Lagopus lagopus scoticus |
Mallard | Anas platyrhynchos |
Moorhen | Gallinula chloropus |
F112Partridge, Grey | Perdix perdix |
F112Partridge, Red-legged | Alectoris rufa |
F113Pheasant, Common | Phasianus colchicus |
Pintail | Anas acuta |
Plover, Golden | Pluvialis apricaria |
Pochard | Aythya ferina |
F113Ptarmigan | Lagopus mutus |
Shoveler | Anas clypeata |
Snipe, Common | Gallinago gallinago |
Teal | Anas crecca |
Wigeon | Anas penelope |
Woodcock | Scolopax rusticola |
F114Part IAException: birds included in Part I which may not be killed or taken on Sundays or Christmas Day
Sch. 2 Pt. IA inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 3(8) , 43(1) (with s. 41(1) ); S.S.I. 2011/279 , art. 2(1)(b)
Common name | Scientific name |
|---|---|
Coot | Fulica atra |
Duck, Tufted | Aythya fuligula |
Gadwall | Anas strepera |
Goldeneye | Bucephala clangula |
Goose, Canada | Branta canadensis |
Goose, Greylag | Anser anser |
Goose, Pink-footed | Anser brachyrhynchus |
Mallard | Anas platyrhynchos |
Moorhen | Gallinula chloropus |
Pintail | Anas acuta |
Plover, Golden | Pluvialis apricaria |
Pochard | Aythya ferina |
Shoveler | Anas clypeata |
Snipe, Common | Gallinago gallinago |
Teal | Anas crecca |
Wigeon | Anas penelope |
Woodcock | Scolopax rusticola |
Part II By Authorised Persons at all Times
Words in Sch.2 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.2 .
Common name | Scientific name |
|---|---|
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
SCHEDULE 3 Birds which may be Sold
Part I Alive at all Times if Ringed and Bred in Captivity
Common name | Scientific name |
|---|---|
Blackbird | Turdus merula |
Brambling | Fringilla montifringilla |
Bullfinch | Pyrrhula pyrrhula |
Bunting, Reed | Emberiza schoeniclus |
Chaffinch | Fringilla coelebs |
Dunnock | Prunella modularis |
Goldfinch | Carduelis carduelis |
Greenfinch | Carduelis chloris |
Jackdaw | Corvus monedula |
Jay | Garrulus glandarius |
Linnet | Carduelis cannabina |
Magpie | Pica pica |
Owl, Barn | Tyto alba |
Redpoll | Carduelis flammea |
Siskin | Carduelis spinus |
Starling | Sturnus vulgaris |
Thrush, Song | Turdus philomelos |
Twite | Carduelis flavirostris |
Yellowhammer | Emberiza citrinella |
F115Part IAAlive if taken in captivity or by certain persons outside close season or during first 28 days of close season
Sch. 3 Pt. IA inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 5(4)(a) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(c)
Common name | Scientific name |
|---|---|
Grouse, Red | Lagopus lagopus scoticus |
Mallard | Anas platyrhynchos |
Partridge, Grey | Perdix perdix |
Partridge, Red-legged | Alectoris rufa |
Pheasant, Common | Phasianus colchicus |
Part II Dead at all Times
Words in Sch. 3 Pt. II removed (01.01.1993) by S.I. 1992/3010 , art.3 .
F116Part IIADead if killed outside close season by certain persons
Sch. 3 Pt. IIA inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 5(4)(b) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(c)
Common name | Scientific name |
|---|---|
Coot | Fulica atra |
Duck, Tufted | Aythya fuligula |
Grouse, Black | Tetrao tetrix |
Grouse, Red | Lagopus lagopus scoticus |
Mallard | Anas platyrhynchos |
Partridge, Grey | Perdix perdix |
Partridge, Red-legged | Alectoris rufa |
Pheasant, Common | Phasianus colchicus |
Pintail | Anas acuta |
Plover, Golden | Pluvialis apricaria |
Pochard | Aythya ferina |
Ptarmigan | Lagopus mutus |
Shoveler | Anas clypeata |
Snipe, Common | Gallinago gallinago |
Teal | Anas crecca |
Wigeon | Anas penelope |
Woodcock | Scolopax rusticola |
Part III Dead from 1st September to 28th February
Sch. 3 Pt. III : Words omitted (S.) (4.11.2001) by S.S.I. 2001/337 , reg. 2(5)
Entries in Sch. 3 Pt. III repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 5(4)(c) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(c)
Common name | Scientific name |
|---|---|
F5 Capercaillie | F5Tetrao urogallus |
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Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
SCHEDULE 4 Birds Which Must Be Registered and Ringed if Kept in Captivity
Entries in Sch. 4 removed (24.5.1994) by S.I. 1994/1151 , art. 2
Sch. 4 : entries omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356) , arts. 2 , 3(1)(2) ; and those same entries omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780) , art. 2(2) ; and those same entries removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418) , art. 2(1)
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)
Sch. 4 : words omitted (E.) (1.10.2008) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. 2008/2356) , arts. 2 , 3(3) ; and those same words omitted (W.) (23.4.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 (S.I. 2009/780) , art. 2(3) ; and those same words removed (S.) (21.12.2009) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009 (S.S.I. 2009/418) , art. 2(2)
Common name | Scientific name |
|---|---|
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F7. . . | F7. . . |
F7. . . | F7. . . |
F7. . . | F7. . . |
F7. . . | F7. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F7. . . | F7. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F8Falcons (all species) | F8Falconidae |
F7. . . | F7. . . |
F7. . . | F7. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F8Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case) | F8Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps) |
F6. . . | F6. . . |
F6. . . | F6. . . |
F7. . . | F7. . . |
Osprey | Pandion haliaetus |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F7. . . | F7. . . |
F7. . . | F7. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F7. . . | F7. . . |
F7. . . | F7. . . |
F7. . . | F7. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F6. . . | F6. . . |
F7. . . | F7. . . |
F7. . . | F7. . . |
F6. . . | F6. . . |
F7. . . | F7. . . |
F7. . . | F7. . . |
F7. . . | F7. . . |
F7. . . | F7. . . |
F6. . . | F6. . . |
F7. . . | F7. . . |
F7. . . | F7. . . |
F9. . . |
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.
E2F23SCHEDULE 5 Animals which are Protected
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
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)
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
By virtue of S.I. 1998/878 , art. 2(2) entries in Sch. 5 added (16.4.1998) in substitution for the existing entries
Entry added as provided by S.I. 1988/288 , art. 2(1)
Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(b)
Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(c)
Entries in Sch. 5 added (29.10.1992) by S.I. 1992/2350 , art. 2(1)
Entries in Sch. 5 added (16.4.1998) by S.I. 1998/878 , art. 2(1)
Entry removed from Schedule as provided by S.I. 1988/288 , art. 2(5)
Entry added (in respect of s. 9(5) only) by S.I. 1989/906 , art. 2
Entries in Sch. 5 substituted (29.10.1992) by S.I. 1992/2350 , art. 2(2)
Sch. 5 : words in entries inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(a)
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)
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)
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)
Entries in Sch. 5 inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(2) , Sch. 1
Entries in Sch. 5 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(3) , Sch. 2
Words in Sch. 5 entry inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(4)
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
Sch. 5 : words inserted (E.W.) (1.10.2008) by The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2008 (S.I. 2008/2127) , reg. 4
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)
By virtue of S.I. 1998/878 , art. 2(2) entry in Sch. 5 added (27.3.1998) in substitution for the existing entry
Sch. 5 : words in entry substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(d)
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)}
Sch. 5 : entries inserted (E.W.) (6.4.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008 (S.I. 2008/431) , art. 2 , Sch.
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)
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)
Words in Sch. 5 entry substituted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(5)
Words in Sch. 5 entry substituted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(6)
Words in Sch. 5 entry inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(7)
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)
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)}
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)}
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)}
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)}
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)}
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)}
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)}
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)
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)
Sch. 5 : words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) , reg. 7(7)(f)
Sch. 5 : Note 2 inserted (E.W.) (6.4.2008) by The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008 (S.I. 2008/431) , art. 2(c)
Sch. 5 Note 2 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015) , arts. 1(b) , 2(8)
Common name | Scientific name |
|---|---|
F10Adder (in respect of section 9(5) only) | F10Vipera berus |
F11Allis Shad (in respect of section 9(1) and (4)(a) only) | F11Alosa alosa |
F12Anemone, Ivell’s Sea | F12Edwardsia ivelli |
F12Anemone, Startlet Sea | F12Nematosella vectensis |
F12Apus | F12Triops cancriformis |
Bats, Horseshoe (all species F24but in respect of section 9(4)(b) and (c) and (5) only) | Rhinolophidae |
Bats, Typical (all species F25but in respect of section 9(4)(b) and (c) and (5) only) | Vespertilionidae |
F14Beetle | F14Graphoderus zonatus |
F14Beetle | F14Hypebaeus flavipes |
F14Beetle | F14Paracymus aeneus |
F14Beetle, Lesser Silver Water | F14Hydrochara caraboides |
F14Beetle, Mire Pill (in respect of section 9(4)(a) only) | F14Curimopsis nigrita |
Beetle, Rainbow Leaf | Chrysolina cerealis |
F15Beetle, Stag (in respect of section 9(5) only) | F15Lucanus cervus |
F12Beetle, Violet Click | F12Limoniscus violaceus |
Burbot | Lota lota |
. . . F16 | . . . F16 |
F17Butterfly, Northern Brown Argus | F17Aricia artaxerxes |
F17Butterfly, Adonis Blue | F17Lysandra bellargus |
F17Butterfly, Chalkhill Blue | F17Lysandra coridon |
F17Butterfly, Silver-studded Blue | F17Plebejus argus |
F17Butterfly, Small Blue | F17Cupido minimus |
F11Butterfly, Large Copper | F11Lycaena dispar |
F17Butterfly, Purple Emperor | F17Apatura iris |
F17Butterfly, Duke of Burgandy Fritillary | F17Hamearis lucina |
F17Butterfly, Glanville Fritillary | F17Melitaea cinxia |
Butterfly, Heath Fritillary | Mellicta athalia (otherwise known as Melitaea athalia) |
F18Butterfly, High Brown Fritillary | F18Argynnis adippe |
F11Butterfly, Marsh Fritillary | F11Eurodryas aurinia |
F17Butterfly, Pearl-bordered Fritillary | F17Boloria euphrosyne |
F17Butterfly, Black Hairstreak | F17Strymonidia pruni |
F17Butterfly, Brown Hairstreak | F17Thecla betulae |
F17Butterfly, White Letter Hairstreak | F17Stymonida w-album |
F17Butterfly, Large Heath | F17Coenonympha tullia |
Butterfly, Large BlueF26 (in respect of section 9(4)(b) and (c) and (5) only) | Maculinea arion |
F17Butterfly, Mountain Ringlet | F17Erebia epiphron |
. . . F16 | . . . F16 |
F17Butterfly, Chequered Skipper | F17Carterocephalus palaemon |
F17Butterfly, Lulworth Skipper | F17Thymelicus acteon |
F17Butterfly, Silver Spotted Skipper | F17Hesperia comma |
Butterfly, Swallowtail | Papilio machaon |
F17Butterfly, Large tortoiseshell | F17Nymphalis polychloros |
F17Butterfly, Wood White | F17Leptidea sinapis |
F12Cat, WildF26 (in respect of section 9(4)(b) and (c) and (5) only) | F12Felis silverstris |
F12Cicada, New Forest | F12Cicadetta montana |
F19Crayfish, Atlantic Stream | F19Austropotamobius pallipes |
Cricket, Field | Gryllus campestris |
Cricket, Mole | Gryllotalpa gryllotalpa |
F15Dameselfly, Southern | F15Coenagrion mercuriale |
F27. . . | F27. . . |
F27. . . | F27. . . |
F28“Dolphins (all species but in respect of section 9(4A) and (5) only) | Cetacea” |
F12DormouseF26 (in respect of section 9(4)(b) and (c) and (5) only) | F12Muscardinus avellanarius |
Dragonfly, Norfolk Aeshna | Aeshna isosceles |
Frog, Common (in respect of section 9(5) only) | Rana temporaria |
F120Frog, Pool (Northern Clade) (in respect of section 9(4)(b) and (c)(1) only and with respect to England only) | F120Pelophylax lessonae |
F15Goby, Couch’s | F15Gobius couchii |
F15Goby, Giant | F15Gobius cobitis |
Grasshopper, Wart-biter | Decticus verrucivorus |
F14Hatchet Shell, Northern | F14Thyasira gouldi |
F15Hydroid, Marine | F15Clavopsella navis |
F121. . . | F121. . . |
F14Lagoon Snail, De Folin’s | F14Caecum armoricum |
F14Lagoon Worm, Tentacled F122(in respect of section 9(4)(a) only) | F14Alkmaria romijni |
F12Leech, Medicinal | F12Hirudo medicinalis |
Lizard, SandF26 (in respect of section 9(4)(b) and (c) and (5) only) | Lacerta agilis |
F20Lizard, Viviparous (in respect of section 9(5) only) | F20Lacerta vivipara |
F12Marten, Pine | F12Martes martes |
F12Mat. Trembling Sea | F12Victorella pavida |
Moth, Barberry Carpet | Pareulype berberata |
Moth, Black-veined | Siona lineata (otherwise known as Idaea lineata) |
F121. . . | F121. . . |
F15Moth, Fiery Clearwing | F15Bembecia chrysidiformis |
F15Moth, Fisher’s EstuarineF29(in respect of section 9(4)(b) and (c) and (5) only) | F15Gortyna borelii |
Moth, New Forest Burnet | Zygaena viciae |
Moth, Reddish Buff | Acosmetia caliginosa |
F120Moth, Slender Scotch Burnet (in respect of section 9(5) only) | F120Zygaena loti subspecies scotica |
F14Moth, Sussex Emerald | F14Thalera fimbrialis |
F120Moth, Talisker Burnet (in respect of section 9(5) only) | F120Zygaena lonicerae subspecies jocelynae |
F21. . . | F21. . . |
F15Mussel, Fan (in respect of section 9(1), (2) and (5) only) | F15Atrina fragilis |
F22Mussel, Freshwater Pearl | F22Margaritifera margaritifera |
F30Newt, 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, CommonF26 (in respect of section 9(4)(b) and (c) and (5) only) | Lutra lutra |
F27. . . | F27. . . |
F31“Porpoises (all species but in respect of section 9(5) only) | Cetacea” |
F12Sandworm, Lagoon | F12Armandia cirrhosa |
F14Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only | F14Eunicella verrucosa |
F32Seahorse, Short Snouted (with respect to England F33and Walesonly) | F32Hippocampus hippocampus |
F32Seahorse, Spiny (with respect to England F34and Walesonly) | F32Hippocampus guttulatus |
F14Sea Slug, Lagoon | F14Tenellia adspersa |
F15Shad, Twaite (in respect of F123section 9(1) and (4)(a)only) | F15Alosa fallax |
F32Shark, Angel F124(in respect of section 9(1), (2) and (5) only) | F32Squatina squatina |
F15Shark, Basking | F15Cetorhinus maximus |
F12Shrimp, Fairy | F12Chirocephalus diaphanus |
F12Shrimp, Lagoon Sand F125(in respect of section 9(4)(a) only) | F12Gammarus insensiblis |
F120Skate, White (in respect of section 9(1), (2) and (5) only) | F120Rostroraja alba |
F20Slow-worm (in respect of section 9(5) only) | F20Anguis fragilis |
F16. . . | F16 . . . |
Snail, Glutinous | Myxas glutinosa |
F32Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England F35and Walesonly) | F32Helix pomatia |
Snail, Sandbowl | Catinella arenaria |
F20Snake, Grass (in respect of section 9(5) only) | F20Natrix helvetica (also known as Natrix natrix) |
Snake, SmoothF26 (in respect of section 9(4)(b) and (c) and (5) only) | Coronella austriaca |
Spider, Fen Raft | Dolomedes plantarius |
Spider, Ladybird | Eresus niger |
Squirrel, Red | Sciurus vulgaris |
F14SturgeonF26 (in respect of section 9(4)(b) and (c) and (5) only) | F14Acipenser sturio |
Toad, Common (in respect of section 9(5) only) | Bufo bufo |
Toad, NatterjackF26 (in respect of section 9(4)(b) and (c) and (5) only) | Bufo calamita |
F36“Turtle, Flatback | Natator depressus” |
F37Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only) | Chelonia mydas |
F38Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only) | Eretmochelys imbricata |
F39Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only) | Lepidochelys kempii |
F40Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only) | Dermochelys coriacea |
F41Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only) | Caretta caretta |
F42Turtle, Olive Ridley | Lepidochelys olivacea |
F43. . . | F43. . . |
F12Vendace | F12Coregonus albula |
F15Arvicola terrestris | |
F12Walrus | F12Odebenus rosmarus |
F12Whale (all species)F45 but in respect of section 9(4A) and (5) only | F12Cetacea |
F12Whitefish | F12Coregonus lavaretus |
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.
E1C1SCHEDULE 5 Animals which are Protected F129under Section 9
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Words in Sch. 5 heading added (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(4), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)
Sch. 5 : entries removed (S.) (15.2.2007) by The Conservation (Natural Habitats, & c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80) , reg. 28
Words in Sch. 5 inserted (1.3.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 18(3)(a), 22(2); S.S.I. 2021/42, reg. 2
Words in Sch. 5 inserted (1.3.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 18(3)(b), 22(2); S.S.I. 2021/42, reg. 2
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 name | Scientific name |
|---|---|
F10Adder (in respect of section 9(5) only) | F10Vipera berus |
F11Allis Shad (in respect of section 9(1) and (4)(a) only) | F11Alosa alosa |
F12Anemone, Ivell’s Sea | F12Edwardsia ivelli |
F12Anemone, Startlet Sea | F12Nematosella vectensis |
F12Apus | F12Triops cancriformis |
F13. . . | F13. . . |
F13. . . | F13. . . |
[F14Beetle] | [F14Graphoderus zonatus] |
[F14Beetle] | [F14Hypebaeus flavipes] |
[F14Beetle] | [F14Paracymus aeneus] |
[F14Beetle, Lesser Silver Water] | [F14Hydrochara caraboides] |
[F14Beetle, Mire Pill (in respect of section 9(4)(a) only)] | [F14Curimopsis nigrita] |
Beetle, Rainbow Leaf | Chrysolina cerealis |
F15Beetle, Stag (in respect of section 9(5) only) | F15Lucanus cervus |
F12Beetle, Violet Click | F12Limoniscus violaceus |
Burbot | Lota lota |
. . . F16 | . . . F16 |
F17Butterfly, Northern Brown Argus | F17Aricia artaxerxes |
F17Butterfly, Adonis Blue | F17Lysandra bellargus |
F17Butterfly, Chalkhill Blue | F17Lysandra coridon |
F17Butterfly, Silver-studded Blue | F17Plebejus argus |
F17Butterfly, Small Blue | F17Cupido minimus |
F11Butterfly, Large Copper | F11Lycaena dispar |
F17Butterfly, Purple Emperor | F17Apatura iris |
F17Butterfly, Duke of Burgandy Fritillary | F17Hamearis lucina |
F17Butterfly, Glanville Fritillary | F17Melitaea cinxia |
Butterfly, Heath Fritillary | Mellicta athalia (otherwise known as Melitaea athalia) |
F18Butterfly, High Brown Fritillary | F18Argynnis adippe |
F11Butterfly, Marsh Fritillary | F11Eurodryas aurinia |
F17Butterfly, Pearl-bordered Fritillary | F17Boloria euphrosyne |
F17Butterfly, Black Hairstreak | F17Strymonidia pruni |
F17Butterfly, Brown Hairstreak | F17Thecla betulae |
F17Butterfly, White Letter Hairstreak | F17Stymonida w-album |
F17Butterfly, Large Heath | F17Coenonympha tullia |
F13. . . | F13. . . |
F17Butterfly, Mountain Ringlet | F17Erebia epiphron |
. . . F16 | . . . F16 |
F17Butterfly, Chequered Skipper | F17Carterocephalus palaemon |
F17Butterfly, Lulworth Skipper | F17Thymelicus acteon |
F17Butterfly, Silver Spotted Skipper | F17Hesperia comma |
Butterfly, Swallowtail | Papilio machaon |
F17Butterfly, Large tortoiseshell | F17Nymphalis polychloros |
F17Butterfly, Wood White | F17Leptidea sinapis |
F13. . . | F13. . . |
F12Cicada, New Forest | F12Cicadetta montana |
F19Crayfish, Atlantic Stream | F19Austropotamobius pallipes |
Cricket, Field | Gryllus campestris |
Cricket, Mole | Gryllotalpa gryllotalpa |
F15Dameselfly, Southern | F15Coenagrion mercuriale |
Dolphin, Bottle-nosed | Tursiops truncatus (otherwise known as Tursiops tursio) |
Dolphin, Common | Delphinus delphis |
F13. . . | F13. . . |
Dragonfly, Norfolk Aeshna | Aeshna isosceles |
Frog, Common (in respect of section 9(5) only) | Rana temporaria |
F15Goby, Couch’s | F15Gobius couchii |
F15Goby, Giant | F15Gobius cobitis |
Grasshopper, Wart-biter | Decticus verrucivorus |
F168Hare, mountain | F169Lepus timidus |
[F14Hatchet Shell, Northern] | [F14Thyasira gouldi] |
F15Hydroid, Marine | F15Clavopsella navis |
[F14Lagoon Snail] | [F14Paludinella littorina] |
[F14Lagoon Snail, De Folin’s] | [F14Caecum armoricum] |
[F14Lagoon Worm, Tentacled] | [F14Alkmaria romijni] |
F12Leech, Medicinal | F12Hirudo medicinalis |
F13. . . | F13. . . |
F20Lizard, Viviparous (in respect of section 9(5) only) | F20Lacerta vivipara |
F12Marten, Pine | F12Martes martes |
F12Mat. Trembling Sea | F12Victorella pavida |
Moth, Barberry Carpet | Pareulype berberata |
Moth, Black-veined | Siona lineata (otherwise known as Idaea lineata) |
Moth, Essex Emerald | Thetidia smaragdaria |
F15Moth, Fiery Clearwing | F15Bembecia chrysidiformis |
F15Moth, Fisher’s Estuarine | F15Gortyna borelii |
Moth, New Forest Burnet | Zygaena viciae |
Moth, Reddish Buff | Acosmetia caliginosa |
[F14Moth, Sussex Emerald] | [F14Thalera fimbrialis] |
F21. . . | F21. . . |
F15Mussel, Fan (in respect of section 9(1), (2) and (5) only) | F15Atrina fragilis |
F22Mussel, Freshwater Pearl | F22Margaritifera margaritifera |
F13. . . | F13. . . |
Newt, Palmate (in respect of section 9(5) only) | Triturus helveticus |
Newt, Smooth (in respect of section 9(5) only) | Triturus vulgaris |
F13. . . | F13. . . |
Porpoise, Harbour (otherwise known as Common porpoise) | Phocaena phocaena |
F12Sandworm, Lagoon | F12Armandia cirrhosa |
[F14Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only] | [F14Eunicella verrucosa] |
[F14Sea Slug, Lagoon] | [F14Tenellia adspersa] |
F15Shad, Twaite (in respect of section 9(4)(a) only) | F15Alosa fallax |
F15Shark, Basking | F15Cetorhinus maximus |
F12Shrimp, Fairy | F12Chirocephalus diaphanus |
F12Shrimp, Lagoon Sand | F12Gammarus insensiblis |
F20Slow-worm (in respect of section 9(5) only) | F20Anguis fragilis |
F16 . . . | F16 . . . |
Snail, Glutinous | Myxas glutinosa |
Snail, Sandbowl | Catinella arenaria |
F20Snake, Grass (in respect of section 9(5) only) | F20Natrix helvetica (also known as Natrix natrix) |
F13. . . | F13. . . |
Spider, Fen Raft | Dolomedes plantarius |
Spider, Ladybird | Eresus niger |
Squirrel, Red | Sciurus vulgaris |
F13. . . | F13. . . |
Toad, Common (in respect of section 9(5) only) | Bufo bufo |
F13. . . | F13. . . |
F13. . . | F13. . . |
F12Vendace | F12Coregonus albula |
F15Vole, Water (in respect of section 9(4) only) | F15Arvicola terrestris |
F12Walrus | F12Odebenus rosmarus |
F13. . . | F13. . . |
F12Whitefish | F12Coregonus lavaretus |
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.
F118SCHEDULE 5AAnimals which are Protected under Section 10A in their Close Season
Sch. 5A inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 6(5) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(d)
Words in Sch. 5A repealed (1.3.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 18(4)(a), 22(2); S.S.I. 2021/42, reg. 2
Words in Sch. 5A repealed (1.3.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 18(4)(b), 22(2); S.S.I. 2021/42, reg. 2
SCHEDULE 6 Animals which may not be Killed or Taken by Certain Methods
Entries in Sch. 6 repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 19 , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(k)
Common name | Scientific name |
|---|---|
Badger | Meles meles |
|
|
|
|
|
|
|
|
|
|
|
|
Hedgehog | Erinaceus europaeus |
|
|
|
|
|
|
|
|
Shrews (all species) | Soricidae |
Squirrel, Red | Sciurus vulgaris |
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.
F144SCHEDULE 6ZAAnimals which may not be killed or taken by trapping or snaring
Sch. 6ZA inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), reg. 1(1), Sch. (with reg. 9)
Common name | Scientific name |
|---|---|
Badger | Meles meles |
Beaver, European | Castor fiber |
Marten, Pine | Martes martes |
Otter, Common | Lutra lutra |
Stoat (otherwise known as Ermine) | Mustela erminea |
NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
F119SCHEDULE 6AAnimals not to be Poached
Sch. 6A inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 7(4) , 43(1) (with s. 41(1)); S.S.I. 2011/279 , art. 2(1)(e)
Common name | Scientific name |
|---|---|
Hare, mountain | Lepus timidus |
Hare, brown | Lepus europaeus |
Rabbit | Oryctolagus cuniculus |
SCHEDULE 7F130 Protection of Certain MammalsF130Amendment of Acts In Relation To Night Shooting of Hares and Rabbits
Sch. 7 heading substituted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)
The Ground Game Act 1880
1
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.
2
In this paragraph “ ground game ” means hares and rabbits.
The Agriculture (Scotland) Act 1948
2
1
Notwithstanding the provisions of section 50(1)(a) of the 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.
2
The occupier of any land shall not use a firearm as mentioned in sub-paragraph (1) above unless (except where he has the exclusive right) he has first obtained the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.
3
An occupier who is entitled, in terms of this paragraph, to use a firearm for the purpose of killing ground game may, subject to the provisions of section 1 of the Ground Game Act 1880, authorise one other person so to use a firearm.
4
In this paragraph “ ground game ” means hares and rabbits.
The Dogs (Protection of Livestock) Act 1953
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
c
being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep
2
After that subsection there shall be inserted the following subsection—
2A
Subsection (2)(c) of this section shall not apply in relation to—
a
a dog owned by, or in charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either of those persons ; or
b
a police dog, a guide dog, a trained sheep dog, a working gun dog or a pack of hounds.
The Deer Act 1963
X2F47 4
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).
X3F48 5
1
After section 10 of that Act there shall be inserted the following section—
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.
X4F49 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.
2
In paragraph 4 of that Schedule the words from “other than” onwards shall be omitted.
The Conservation of Seals Act 1970
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
iv
the protection of flora or fauna in an area to which subsection (4) of this section applies,
2
In subsection (3)(b) of that section for the words from “a nature reserve” onwards there shall substituted the words “an area to which subsection (4) of this section applies”.
3
After subsection (3) of that section there shall be inserted the following subsection—
4
This subsection applies to any area which—
a
is a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 ;
b
has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest) ;
c
is an area to which section 29(3) of that Act (special protection for certain areas of special scientific interest) applies ; or
d
has been designated as a marine nature reserve under section 36 of that Act.
The Badgers Act 1973
F50 8
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F51 9
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F52 10
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F53 11
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F54 12
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SCHEDULE 8 Plants which are Protected
Entry in Sch. 8 added by S.I. 1988/288, art. 3
Entries in Sch. 8 added (16.4.1998) by S.I. 1998/878, art. 3
Entries in Sch. 8 added (29.10.1992) by S.I. 1992/2350, art. 3(1)
Sch. 8: entries removed (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), reg. 29
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(a)
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(b)
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(c)
Entries in Sch. 8 omitted (E.W.) (1.10.2011) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015), arts. 1(b), 3(3), Sch. 4
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(d)
Entries in Sch. 8 removed (29.10.1992) by S.I. 1992/2350, art. 3(2)
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(e)
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(f)
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(g)
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(h)
Entries in Sch. 8 inserted (E.W.) (1.10.2011) by The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011 (S.I. 2011/2015), arts. 1(b), 3(2) ,Sch. 3
Sch. 8: words in entry inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(8)(i)
Common name | Scientific name |
|---|---|
F55Adder’s-tongue, Least | F55Ophioglossum lusitanicum |
Alison, Small | Alyssum alyssoides |
F56Anomodon, Long-leaved | F56Anomodon longifolius |
F56Beech-lichen, New Forest | F56Enterographa elaborata |
F57Blackwort | F57Southbya nigrella |
F56Bluebell (in respect of section 13(2) only) | F56Hyacinthoides non-scripta |
F56Bolete, Royal | F56Boletus regius |
Broomrape, Bedstraw | Orobanche caryophyllacea |
Broomrape, Oxtongue | Orobanche loricata |
Broomrape, Thistle | Orobanche reticulata |
F55Cabbage, Lundy | F55Rhynchosinapis wrightii |
Calamint, Wood | Calamintha sylvatica |
F57Caloplaca, Snow | F57Caloplaca nivalis |
F57Catapyrenium, Tree | F57Catapyrenium psoromoides |
Catchfly, Alpine | Lychnis alpina |
F57Catillaria, Laurer’s | F57Catellaria laurei |
F57Centaury, Slender | F57Centaurium tenuiflorum |
Cinquefoil, Rock | Potentilla rupestris |
F56Cladonia, Convoluted | F56Cladonia convoluta |
F57Cladonia, Upright Mountain | F57Cladonia stricta |
F57Clary, Meadow | F57Salvia pratensis |
Club-rush, Triangular | Scirpus triquetrus |
F55Colt’s-foot, Purple | F55Homogyne alpina |
Cotoneaster, Wild | Cotoneaster integerrimus |
F55Cottongrass, Slender | F55Eriophorum gracile |
Cow-wheat, Field | Melampyrum arvense |
F55Crocus, Sand | F55Romulea columnae |
F57Crystalwort, Lizard | F57Riccia bifurca |
F57Cudweed, Broad-leaved | F57Filago pryamidata |
Cudweed, Jersey | Gnaphalium luteoalbum |
F55Cudweed, Red-tipped | F55Filago lutescens |
F56Cut-grass | F56Leersia oryzoides |
F56Deptford Pink (in respect of England and Wales only) | F56Dianthus armeria |
Diapensia | Diapensia lapponica |
F57Earwort, Marsh | F57Jamesoniella undulifolia |
Eryngo, Field | Eryngium campestre |
F56Feather-moss, Polar | F56Hygrohypnum polare |
Fern, Dickie’s Bladder | Cystopteris dickieana |
| |
F57Flapwort, Norfolk | F57Leiocolea rutheana |
F55Fleabane, Alpine | F55Erigeron borealis |
F55Fleabane, Small | F55Pulicaria vulgaris |
F57Frostwort, Pointed | F57Gymnomitrion apiculatum |
F56Fungus, Hedgehog | F56Hericium erinaceum |
Galingale, Brown | Cyperus fuscus |
Gentian, Alpine | Gentiana nivalis |
F57Gentian, Dune | F57Gentianella uliginosa |
F55Gentian, Fringed | F55Gentianella ciliata |
Gentian, Spring | Gentiana verna |
F55Germander, Cut-leaved | F55Teucrium botrys |
Germander, Water | Teucrium scordium |
Gladiolus, Wild | Gladiolus illyricus |
F56Goblin Lights | F56Catolechia wahlenbergii |
F55Goosefoot, Stinking | F55Chenopodium vulvaria |
F55Grass-poly | F55Lythrum hyssopifolia |
F57Grimmia, Blunt-leaved | F57Grimmia unicolor |
F57Gyalecta, Elm | F57Gyalecta ulmi |
Hare’s-ear, Sickle-leaved | Bupleurum falcatum |
Hare’s-ear, Small | Bupleurum baldense |
F55Hawk’s-beard, Stinking | F55Crepis foetida |
F57Hawkweed, Northroe | F57Hieracium northroense |
F57Hawkweed, Shetland | F57Hieracium zetlandicum |
F57Hawkweed, Weak-leaved | F57Hieracium attenuatifolium |
Heath, Blue | Phyllodoce caerulea |
Helleborine, Red | Cephalanthera rubra |
F55Horsetail, Branched | F55Equisetum ramosissimum |
F55Hound’s-tongue, Green | F55Cynoglossum germanicum |
Knawel, Perennial | Scleranthus perennis |
Knotgrass, Sea | Polygonum maritimum |
| |
F63. . . | F63. . . |
F63. . . | F63. . . |
F57Lecanora, Tarn | F57Lecanora archariana |
F57Lecidea, Copper | F57Lecidea inops |
Leek, Round-headed | Allium sphaerocephalon |
Lettuce, Least | Lactuca saligna |
F57Lichen, Arctic Kidney | F57Nephroma arcticum |
F57Lichen, Ciliate Strap | F57Heterodermia leucomelos |
F57Lichen, Coralloid Rosette | F57Heterodermia propagulifera |
F57Lichen, Ear-lobed Dog | F57Peltigera lepidophora |
F57Lichen, Forked Hair | F57Bryoria furcellata |
F57Lichen, Golden Hair | F57Teloschistes flavicans |
F57Lichen, Orange Fruited Elm | F57Caloplaca luteoalba |
F57Lichen, River Jelly | F57Collema dichotomum |
F57Lichen, Scaly Breck | F57Squamarina lentigera |
F57Lichen, Stary Breck | F57Buellia asterella |
Lily, Snowdon | Lloydia serotina |
F57Liverwort | F57Petallophyllum ralfsi |
F57Liverwort, Lindenberg’s Leafy | F57Adelanthus lindenbergianus |
Marsh-mallow, Rough | Althaea hirsuta |
| |
F55Milk-parsley, Cambridge | F55Selinum carvifolia |
F57Moss | F57Drepanocladius vernicosus |
F57Moss, Alpine Copper | F57Mielichoferia mielichoferi |
F57Moss, Baltic Bog | F57Sphagnum balticum |
F57Moss, Blue Dew | F57Saelania glaucescens |
F57Moss, Blunt-leaved Bristle | F57Orthotrichum obtusifolium |
F57Moss, Bright Green Cave | Cyclodictyon laetevirens |
F57Moss, Cordate Beard | F57Barbula cordata |
F57Moss, Cornish Path | F57Ditrichum cornubicum |
F57Moss, Derbyshire Feather | F57Thamnobryum angustifolium |
F56Moss, Flamingo | F56Desmatodon cernuus |
F57Moss, Glaucous Beard | F57Barbula glauca |
F57Moss, Green Shield | F57Buxbaumia viridis |
F57Moss, Hair Silk | F57Plagiothecium piliferum |
F57Moss, Knothole | F57Zygodon forsteri |
F57Moss Large Yellow Feather | F57Scorpidium turgescens |
F57Moss, Millimetre | F57Micromitrium tenerum |
F57Moss, Multifruited River | F57Cryphaea lamyana |
F57Moss, Nowell’s Limestone | F57Zygodon gracilis |
F57Moss, Rigid Apple | F57Bartramia stricta |
F57Moss, Round-leaved Feather | F57Rhynocostegium rotundifolium |
F57Moss, Schleicher’s Thread | F57Bryum schleicheri |
F57Moss, Triangular Pygmy | { F57Acaulon triquetrum |
F57Moss, Vaucher’s Feather | F57Hypnum vaucheri |
F57Mudwort, Welsh | F57Limosella australis |
F55Naiad, Holly-leaved | F55Najas marina |
F57Orache, Stalked | F57Halimione pedunculata |
Orchid, Early Spider | Ophryas sphegodes |
| |
Orchid, Ghost | Epipogium aphyllum |
F57Orchid, Lapland Marsh | F57Dactylorhiza lapponica |
Orchid, Late Spider | Ophrys fuciflora |
Orchid, Lizard | Himantoglossum hircinum |
Orchid, Military | Orchis militaris |
Orchid, Monkey | Orchis simia |
F57Pannaria, Caledonia | F57Pannaria ignobilis |
F57Parmelia, New Forest | F57Parmelia minarum |
F57Parmentaria, Oil Stain | F57Parmentaria chilensis |
Pear, Plymouth | Pyrus cordata |
F57Penny-cress, Perfoliate | F57Thlaspi perfoliatum |
F55Pennyroyal | F55Mentha pulegium |
F57Pertusaria, Alpine Moss | F57Pertusaria bryontha |
F57Physcia, Southern Grey | F57Physcia tribacioides |
F55Pigmyweed | F55Crassula aquatica |
F57Pine, Ground | F57Ajuga chamaepitys |
Pink, Cheddar | Dianthus gratianopolitanus |
Pink, Childling | Petroraghia nanteuilii |
| |
F56Polypore, Oak | F56Buglossoporus pulvinus |
F57Pseudocyphellaria, Ragged | F57Pseudocyphellaria lacerata |
F57Psora, Rusty Alpine | F57Psora rubiformis |
F56Puffball, Sandy Stilt | F56Battarraea phalloides |
F55Ragwort, Fen | F55Senecio paludosus |
F55Ramping-fumitory, Martin’s | F55Fumaria martinii |
F57Rampion, Spiked | F57Phyteuma spicatum |
F55Restharrow, Small | F55Ononis reclinata |
F55Rock-cress, Alpine | F55Arabis alpina |
F55Rock-cress, Bristol | F55Arabis stricta |
F127Rock Nail | F127Calicium corynellum |
F57Rustworth, Western | F57Marsupella profunda |
Sandwort, Norwegian | Arenaria norvegica |
Sandwort, Teesdale | Minuartia stricta |
Saxifrage, Drooping | Saxifraga cernua |
Saxifrage, Tufted | Saxifraga cespitosa |
F57Solenopsora, Serpentine | F57Solenopsora liparina |
Solomon’s-seal, Whorled | Polygonatum verticillatum |
Sow-thistle, Alpine | Cicerbita alpina |
Spearwort, Adder’s-tongue | Ranunculus ophioglossifolius |
F55Speedwell, Fingered | F55Veronica triphyllos |
Speedwell, Spiked | Veronica spicata |
F63. . . | F63. . . |
F56Spike-rush, Dwarf | F56Eleocharis parvula |
F56Stack Fleawort, South | F56Tephroseris integrifolia (ssp maritima) |
F55Star-of-Bethlehem, Early | F55Gagea bohemica |
Starfruit | Damasonium alisma |
F57Stonewort, Bearded | F57Chara canescens |
F55Stonewort, Foxtail | F55Lamprothamnium papulosum |
F55Strapwort | F55Corrigiola litoralis |
F56Sulphur-tresses, Alpine | F56Alectoria ochroleuca |
F127Tree Lungwort (in respect of section 13(2) only) | F127Lobaria pulmonaria |
F57Turpswort | F57Geocalyx graveolens |
Violet, Fen | Viola persicifolia |
F55Viper’s-grass | F55Scorzonera humilis |
Water-plantain, Ribbon leaved | Alisma gramineum |
Wood-sedge, Starved | Carex depauperata |
Woodsia, Alpine | Woodsia alpina |
Woodsia, Oblong | Woodsia ilvensis |
Wormwood, Field | Artemisia campestris |
Woundwort, Downy | Stachys germanica |
Woundwort, Limestone | Stachys alpina |
Yellow-rattle, Greater | Rhinanthus serotinus |
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.
F131SCHEDULE 9 Animals and Plants to which Section 14 Applies
Sch. 9 repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(8), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)
Part IF135NON-NATIVE Animals which are established in the wild
Words in Sch. 9 Pt. I heading inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(2), 57(4); S.I. 2015/481, reg. 2(b)
Entries in Sch. 9 Pt. 1 added (E.W.) (6.4.2010) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(2)
Entries in Sch. 9 Pt. I omitted (E.W.) (5.3.2015 for E.) by virtue of Infrastructure Act 2015 (c. 7), ss. 24(3), 57(4); S.I. 2015/481, reg. 2(b)
Entries in Sch. 9 Pt. 1 removed (E.W.) (6.4.2010) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(3)
Words in Sch. 9 Pt. 1 omitted (E.W.) (1.12.2019) by virtue of The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(3)(a) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))
Entries in Sch. 9 Pt. I added (17.3.1992) by S.I. 1992/320, art. 2.
Entry in Sch. 9 Pt. I added (5.3.1997) by S.I. 1997/226, art. 2
Entries in Sch. 9 Pt. I added (28.4.1999) by S.I. 1999/1002, art. 2
Entry in Sch. 9 Pt. I added (25.11.1992) by S.I. 1992/2674, art. 2.
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F70 | F70 |
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F70 | F70 |
F70 | F70 |
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F70 | F70 |
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F70 | F70 |
F70 | F70 |
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F137PART IANATIVE ANIMALS
Sch. 9 Pt. 1A inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(4), 57(4); S.I. 2015/481, reg. 2(b)
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F138PART IBANIMALS NO LONGER NORMALLY PRESENT
Sch. 9 Pt. 1B inserted (E.W.) (5.3.2015 for E.) by Infrastructure Act 2015 (c. 7), ss. 24(5), 57(4); S.I. 2015/481, reg. 2(b)
Words in Sch. 9 Pt. 1B omitted (W.) (11.5.2015) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (Wales) Order 2015 (S.I. 2015/1180), arts. 1(2), 2
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Part II Plants
Entries in Sch. 9 Pt. II added (E.W.) (6.4.2010) by The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(4)
Words in Sch. 9 Pt. 2 omitted (E.W.) (1.12.2019) by virtue of The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(3)(b)(i) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))
Words in Sch. 9 Pt. II added (17.3.1992) by S.I. 1992/320, art. 3
Entries in Sch. 9 Pt. II removed (E.W.) (6.4.2010) by virtue of The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. 2010/609), art. 2(5)
Words in Sch. 9 Pt. 2 substituted (E.W.) (1.12.2019) by The Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), art. 1(1), Sch. 4 para. 1(3)(b)(ii) (with art. 1(2)(4)) (as amended by S.I. 2019/1213, regs. 1, 2(2))
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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.
F139SCHEDULE 9ASpecies control agreements and orders (England and Wales)
Sch. 9A inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(3), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2
PART 1Overview and interpretation
Overview
1
1
This Schedule provides for—
a
species control agreements between environmental authorities and owners of premises, and
b
species control orders made by environmental authorities,
and for related matters.
2
A species control agreement or species control order may relate to—
b
an invasive non-native species of animal or plant not falling within sub-paragraph (a), or
c
a species of animal that is no longer normally present in Great Britain.
This is subject to the other provisions of this Schedule.
3
The following definitions apply for the purposes of this Schedule.
Definitions relating to species
2
1
“Species” means any kind of animal or plant.
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.
F150F1566
The “list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council, as amended from time to time.
Environmental authorities
3
1
“Environmental authority”, in relation to premises in England, means—
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 dwellings
4
1
“Owner”, in relation to premises consisting of land, means—
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.
Operations
5
1
“Species control operations” are operations to do one or more of the following—
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 2Species control agreements
Making of species control agreements
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—
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 agreements
7
1
A species control agreement must provide for—
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 compliance
8
Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control agreement to carry out species control operations, the authority must give the owner notice to that effect.
Liability
9
An environmental authority is not liable to a person with an interest in the premises, other than the owner with whom a species control agreement is entered into, for anything done by the authority pursuant to the agreement.
PART 3Species control orders
When a species control order may be made
10
1
An environmental authority may make a species control order in relation to premises if—
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 do
11
1
A species control order under paragraph 10(2)(a) or (b) (failure to comply with or enter into agreement) must contain provision—
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—
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 do
13
1
A species control order may contain provision supplementary to that specified in paragraphs 11 and 12.
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.
Notice
14
1
After making a species control order, an environmental authority must forthwith give notice of it to—
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.
Revocation
15
1
An environmental authority may at any time revoke a species control order made by it.
2
Notice of revocation must be given as specified in paragraph 14 (but reasons need not be given).
Appeals
16
1
An owner of premises in relation to which a species control order is made may appeal to the First-tier Tribunal against—
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 compliance
17
Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control order to carry out species control operations, the authority must give the owner notice to that effect.
Enforcement
18
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.
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).
Offences
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.
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.
Liability
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.
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 4Powers of entry
Powers of entry
21
1
A person who is authorised to do so may enter any premises to—
a
assist an environmental authority to determine whether to offer to enter into a species agreement with a person,
b
assist an environmental authority to determine whether to make or revoke a species control order,
c
investigate suspected non-compliance with a species control agreement or a species control order,
d
carry out species control operations for an environmental authority under a species control order,
e
place a notice as specified in paragraph 10(2)(d)(i) or 14(2) (no identifiable owner), or
f
carry out species control operations or work pursuant to paragraph 18(4).
This is subject to the other provisions of this Schedule.
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 peace
22
1
To enter premises under paragraph 21 a person must be authorised by a warrant issued by a justice of the peace where—
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 authority
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.
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 entry
24
1
A right of entry under paragraph 21 is exercisable at any reasonable time.
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 5Supplementary
Compensation
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—
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 practice
26
1
The Secretary of State must issue a code of practice in relation to species control agreements and orders in England.
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.
2
A code under this paragraph must in particular provide guidance to environmental authorities in Wales on—
a
when to offer to enter into a species control agreement;
b
how to go about entering into a species control agreement;
c
what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);
d
when to make a species control order;
e
what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);
f
standards of animal welfare to be met in connection with species control agreements and orders.
3
A code under this paragraph may be revised or replaced.
4
Before issuing (or revising or replacing) a code under this paragraph the Welsh Ministers must carry out a public consultation.
5
The Welsh Ministers must—
a
ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and
b
lay a copy of a code under this paragraph before the National Assembly for Wales.
28
1
A person's failure to comply with a provision of a code under paragraph 26 or 27 does not make the person liable to civil or criminal proceedings.
2
A code under paragraph 26 or 27—
a
is admissible in evidence in any civil proceedings, and
b
must be taken into account by a court in any civil proceedings in which it appears to the court to be relevant.
F145SCHEDULE 9BInvasive alien species: defences and licences
Sch. 9B inserted (1.11.2019) (S.) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(8)
Part 1Interpretation
1Interpretation
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 F157Scottish list of species of special concern,
“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,
F158Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.
“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,
F159...
Part 2Defences
2Companion animals
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 F160Scotland, 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 F161Scottish list of species of special concern 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.
3Commercial stocks
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 F162Scotland, 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 F163Scottish list of species of special concern 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 F164the Scottish list of species of special concern 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.
4Non-commercial owners: receipt of commercial stocks
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 F165Scotland, 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 F166Scottish list of species of special concern, 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 3Licences
5Restrictions
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 F167Scotland, 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).
6Research etc.
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.
7Keeping animals until the end of their natural lives
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.
8Eradication measures
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.
9Management measures
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.
X6 SCHEDULE 10 Amendment of the Endangered Species (Import and Export) Act 1976
The text of Sch. 7 paras. 3-12 and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Part I The Amendments
Licences
1
1
After subsection (3) of section 1 of the 1976 Act (restriction on importation and exportation of certain animals and plants) there shall be inserted the following subsections—
3A
Subsection (3) above shall not apply in relation to an application of any description if the scientific authority concerned has advised the Secretary of State as to whether licences should be issued in pursuance of applications of that description and, if so, their terms.
3B
Where the Secretary of State is satisfied that the issue of a licence authorising the importation or exportation of any item which—
a
is part of or derives from or is made wholly or partly from an animal of any of the kinds to which Schedule 1 or a plant of any of the kinds to which Schedule 2 to this Act for the time being applies ; but
b
is not an item to which Schedule 3 to this Act for the time being applies.
would facilitate the importation or exportation of that item, he may, if he considers it expedient to do so, issue such a licence.
2
In subsections (4), (5), (6) and (7) of that section after the words “subsection (2)” there shall be inserted the words “or (3B)”.
3
In subsection (4) of that section after paragraph (a) there shall be inserted the following paragraphs—
aa
may be issued either to all persons, to persons of a class or to a particular person ;
ab
may be subject to compliance with any specified conditions,
Expenses of returning animals and plants to the wild
2
After subsection (8) of section 1 of the 1976 Act there shall be inserted the following subsection—
9
Where, in the case of a live animal or a plant of any kind which is condemned or deemed to be condemned as forfeited, the Commissioners of Customs and Excise incur any expenses in connection with, or with a view to—
a
its return to the wild ; or
b
its being kept at premises (whether within or outside the United Kingdom) which are suitable for the keeping of animals or plants of that kind,
those expenses may be recovered, as a debt due to the Crown, from the importer or intending exporter of the animal or plant or any person possessing or having control of it at the time of its seizure.
In this subsection expressions which are also used in the Customs and Excise Management Act 1979 have the same meanings as in that Act.
Powers of entry
3
After the subsection inserted by paragraph 2 as subsection (9) of section 1 of the 1976 Act there shall be inserted the following subsections—
10
Any person duly authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter any premises where animals of any of the kinds to which Schedule 1 or plants of any of the kinds to which Schedlule 2 to this Act for the time being applies are kept (whether temporarily or permanently) in order to ascertain whether any of the animals or plants kept there have been imported contrary to this section.
11
Any person who wilfully obstructs a person acting under subsection (10) above shall be liable on summary conviction to a fine not exceeding £200.
Power to modify Schedules
4
1
In paragraph (c) of section 3 of the 1976 Act (power to modify Schedules) after the word “conservation” there shall be inserted the words “in any area” and after the word “endangered” there shall be inserted the word “there”.
2
After paragraph (d) of that section there shall be inserted the following paragraph—
dd
to restrict the importation of animals or plants of any kind which appear to the Secretary of State to be unlikely to survive for any appreciable time if they are kept in the United Kingdom ;
Sale of certain animals or plants or their derivatives
5
1
In subsection (1) of section 4 of the 1976 Act (offences to sell etc. things imported contrary to section 1 or their derivatives) for the words “Subject to subsection (2)” there shall be substituted the words “Subject to subsections (1B) and (2)”, after the words “has in his possession” there shall be inserted the words “or transports” and the words “and in the following provisions” onwards shall be omitted.
2
After that subsection there shall be inserted the following subsections—
1A
Subject to subsections (1B) and (2) below, a person who sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale—
a
a live or dead animal of any of the kinds to which Schedule 4 to this Act for the time being applies or an egg or other immature stage of such an animal ;
b
a live or dead plant of any of the kinds to which Schedule 5 to this Act for the time being applies ; or
c
any part of or anything which derives from or is made wholly or partly from anything referred to in paragraph (a) or (b) above,
shall be guilty of an offence ; but nothing in this subsection shall apply in relation to anything falling within subsection (1) above or anything which has been imported, or is a part of or derives from or is made wholly or partly from anything which has been imported, before the passing of the Wildlife and Countryside Act 1981.
1B
Subsections (1) and (1A) above do not apply to anything done under and in accordance with the terms of a licence issued by the Secretary of State ; and subsections (4) to (7) of section 1 above shall apply in relation to a licence issued under this subsection as they apply in relation to a licence issued under subsection (2) of that section.
1C
In the following provisions of this section “ restricted article ” means anything falling within subsection (1) or (1A) above.
3
In subsection (2) of that section after the words “subsection (1)” there shall be inserted the words “or (1A)”.
4
In subsection (5) of that section after the words “subsection (1)” there shall be inserted the words “, (1A)”.
5
In subsection (6) of that section after the words “references to” there shall be inserted the word “hire”.
6
After Schedule 3 to the 1976 Act there shall be inserted as Schedule 4 the Schedule set out in Part II of this Schedule.
7
After the Schedule inserted in the 1976 Act by sub-paragraph (6) there shall be inserted as Schedule 5 the Schedule set out in Part III of this Schedule.
Part II Schedule inserted as Schedule 4
SCHEDULE 4 Animals the Sale etc. of Which is Restricted
This Schedule applies to the following kinds of animals, namely—
MAMMALS
1
The kinds of mammal specified in the first column below—
Marsupials
Kind | Common name |
|---|---|
Bettongia | Rat kangaroo |
Caloprymnus campestris | Desert rat-kangaroo |
Lagorchestes hirsutus | Western hare-wallaby |
Lagostrophus fasciatus | Banded hare-wallaby |
Onychogalea fraenata | Bridle nail-tailed wallaby |
Onychogalea lunata | Crescent nail-tailed wallaby |
Lasiorhinus krefftii | Queensland hairy-nosed wombat |
Chaeropus ecaudatus | Pig-footed bandicoot |
Macrotis lagotis | Rabbit-bandicoot |
Macrotis leucara | Lesser rabbit-bandicoot |
Perameles bougainville | Western barred bandicoot |
Sminthopsis longicaudata | Long-tailed dunnart |
Sminthopsis psammophila | Sandhill dunnart |
Thylacinus cynocephalus | Tasmanian wolf |
Primates
Allocebus | Hairy-eared dwarf lemur |
Cheirogaleus | Dwarf lemurs |
Hapalemur | Gentle lemurs |
Lemur | Lemurs |
Lepilemur | Sportive and weasel lemurs |
Microcebus | Mouse lemurs |
Phaner | Fork-marked mouse lemurs |
Avahi | Avahis (otherwise known as Woolly indris) |
Indri | Indris |
Propithecus | Sifakas |
Daubentonia madagascariensis | Aye-aye |
Callimico goeldii | Goeldi’s marmoset (otherwise known as Goeldi’s tamarin) |
Callithrix aurita | White eared marmoset |
Callithrix flaviceps | Buff-headed marmoset |
Leontopithecus | Maned tamarin (otherwise known as Golden tamarin) |
Saguinus bicolor | Pied tamarin |
Saguinus geoffroyi | Geoffroy’s tamarin |
Saguinus leucopus | White-footed tamarin |
Saguinus oedipus | Cotton-headed tamarin |
Alouatta palliata (otherwise known as Alouatta villosa) | Mantled howler |
Ateles geoffroyi frontatus | Black-browed spider monkey |
Ateles geoffroyi panamensis | Red spider monkey |
Brachyteles arachnoides | Woolly spider monkey |
Cacajao | Uakaris |
Chiropotes albinasus | White-nosed saki |
Saimiri oerstedii | Red-backed squirrel monkey |
Cercocebus galeritus galeritus | Tana River mangabey |
Cercopithecus diana | Diana monkey |
Colobus badius kirkii | Kirk’s red colobus (otherwise known as Zanzibar red colobus) |
Colobus badius rufomitratus | Tana River red colobus |
Macaca silenus | Lion-tailed macaque |
Nasalis larvatus | Proboscis monkey |
Papio leucophaeus (otherwise known as Mandrillus leucophaeus) | Drill |
Papio sphinx (otherwise known as Mandrillus sphinx) | Mandrill |
Presbytis entellus | Langur (otherwise known as Entellus langur or True langur) |
Presbytis geei | Golden langur |
Presbytis pileatus | Caped langur |
Presbytis potenziani | Mentawi leaf monkey |
Pygathrix nemaeus | Douc langur |
Rhinopithecus roxellanae | Snub-nosed langur |
Simias concolor | Mentawi snub-nosed langur |
Hybolates | Gibbons |
Symphalangus syndactylus | Siamang |
Pongidae | Great apes |
Edentates
Pridontes giganteus (otherwise known as Priodontes maximus) | Giant armadillo |
Pangolins
Manis temmincki | South African pangolin |
Rabbits and hares
Caprolagus hispidus | Assam rabbit (otherwise known as Hispid hare) |
Romerolagus diazi | Volcano rabbit |
Rodents
Cynomys mexicanus | Mexican prairie marmot |
Leporillus conditor | Australian sticknest rat |
Pseudomys fumeus | Smoky mouse |
Pseudomys praeconis | Shark Bay mouse |
Xeromys myoides | False water rat |
Zyzomys pendunculatus | Central thick-tailed rat |
Chinchilla (except any domestic form of Chinchilla laniger) | Chinchilla |
Cetaceans
Lipotes vexillifer | Chinese river dolphin |
Physter catodon (otherwise known as Physeter macrocephalus) | Sperm whale |
Platanista gangetica | Ganges dolphin |
Platanista minor | Indus river dolpin |
Sotalia | Humpbacked dolphins |
Sousa | Humpacked dolphins |
Neophocaena phocaenoides | Finless porpoise |
Phocoena sinus | Cochito |
Balaena mysticetus | Greenland right whale (otherwise known as Bowhead whale) |
Balaenoptera borealis | Sei whale |
Balaenoptera musculus | Blue whale |
Balaenoptera physalus | Common rorqual |
Eschrichtius | Grey whales |
Eubalaena | Right whales |
Megaptera novaeangliae | Humpback whale |
Carnivores
Spethos venaticus | Bush dog |
Vulpes velox hebes | Northern kit fox |
Helarctos malayanus | Sun bear |
Selenarctos thibetanus | Asiatic black bear |
Tremarctos ornatus | Spectacled bear |
Ursus arctos isabellinus | Brown bear |
Ursus arctos nelsoni | Mexican brown bear |
Ursus arctos pruinosus | Tibetan brown bear |
Aonyx microdon | Cameroon clawless otter |
Enhydra lutris nereis | Southern sea otter |
Lutra felina | Marine otter |
Lutra longicaudis | South American otter |
Lutra lutra | Eurasian otter |
Lutra provocax | Southern river otter |
Mustela nigripes | Black-footed ferret |
Pteronura brasiliensis | Giant otter |
Prionodon pardicolor | Spotted linsang |
Hyaena brunnea | Brown hyaena |
Acinonyx jubatus | Cheetah |
Felis bengalensis bengalensis | Leopard cat |
Felis concolor coryi | Florida puma |
Felis concolor costaricensis | Costa Rica puma |
Felis concolor cougar | Eastern puma |
Felis jacobita | Andean cat |
Felis rufa escuinapae | Mexican bobcat |
Felis marmorata | Marbled cat |
Felis nigripes | Black-footed cat |
Felis pardalis mearnsi | Costa Rica ocelot |
Felis pardalis mitis | Brazilian ocelot |
Felis planiceps | Flat-headed cat |
Felis rubiginosa | Rusty spotted cat |
Felis temmincki | Asiatic golden cat |
Felis tigrina oncilla | Little spotted cat |
Felis wiedii nicaraguae | Nicaraguan margay |
Felis wiedii salvinia | Guatemalan margay |
Felis yagouaroundi cacomitli | Jaguarundi |
Felis yagouaroundi fossata | Jaguarundi |
Felis yagouaroundi panamensis | Jaguarundi |
Felis yagouaroundi tolteca | Jaguarundi |
Neofelis nebulosa | Clouded leopard |
Panthera leo persica | Asiatic lion |
Panthera onca | Jaguar |
Panthera pardus | Leopard |
Panthera tigris | Tiger |
Panthera uncia | Snow leopard |
Seals
Arcocephalus townsendi | Guadelupe fur seal |
Monachus | Monk seals |
Elephants
Elephas maximus | Asian elephant |
Sea-cows
Dugong dugon | Dugong (otherwise known as Sea-cow) |
Trichechus inunguis | Amazonian manatee |
Trichechus manatus | West Indian manatee |
Odd-toed ungulates
Equus grevyi | Grevy’s zebra |
Equus hemionus hemionus | Mongolian wild ass |
Equus hemionus khur | Indian wild ass |
Equus przewalskii | Przewalski’s horse |
Equus zebra zebra | Cape mountain zebra |
Tapirus bairdii | Central American tapir |
Tapirus indicus | Malayan tapir (otherwise known as Indian tapir) |
Tapirus pinchaque | Mountain tapir (otherwise known as Woolly tapir) |
Rhinocerotidae | Rhinoceroses |
Even-toed ungulates
Babyrousa babyrussa | Babirusa |
Sus salvanius | Pygmy hog |
Vicugna vicugna | Calamian deer |
Axis kuhli | Bawean deer |
Axis porcinus annamiticus | Thai hog deer |
Blastocerus dichotomus | Marsh deer |
Cervus duvauceli | Swamp deer |
Cervus elaphus hanglu | Kashmir stag (otherwise known as Hanglu) |
Cervus eldi | Brow-antlered deer |
Dama mesopotamica | Persian fallow deer |
Hippocamelus antisiensis | Peruvian huemal |
Hippocamelus bisulcus | Chilean huemal |
Moschus moschiferus moschiferus | Himalayan musk deer |
Ozotoceros bezoarticus | Pampas deer |
Pudu pudu | Chilean pudu |
Antilocapra americana peninsularis | Lower California pronghorn |
Antilocapra americana sonoriensis | Sonoran pronghorn |
Bison bison athabascae | Wood bison |
Bos gaurus | Gaur |
Bos mutus | Wild yak |
Bubulas depressicornis | Lowland anoa |
Bubalus mindorensis | Tamaraw |
Bubalus quarlesi | Mountain anoa |
Capra falconeri chiltanensis | Markhor |
Capra falconeri jerdoni | Markhor |
Capra falconeri megaceros | Markhor |
Capricornis sumatraensis | Serow |
Hippotragus niger variani | Giant sable antelope |
Nemorhaedua goral | Goral |
Novibos sauveli | Koupray |
Oryx leucoryx | Arabian oryx |
Ovis ammon hodgsoni | Great Tibetan sheep |
Ovis orientalis ophion | Cyprian mouflon |
Ovis vignei | Urial |
Pantholops hodgsoni | Tibetan antelope |
Rupicapra rupicapra ornata | Abrussi chamois |
BIRDS
2
The kinds of bird specified in the first column below—
Rheas
Pterocnemia pennata | Lesser rhea |
Tinamous
Tinamus solitarius | Solitary tinamou |
Penguins
Spheniscus humboldti | Humboldt penguin |
Grebes
Podilymbus gigas | Atitlan grebe |
Albatrosses
Diomedea albatrus | Short-tailed albatross |
Pelican-like birds
Sula abbotti | Abbot’s booby |
Fregata andrewsi | Christmas Island frigatebird |
Storks
Ciconia ciconia boyciana | Japanese white stork |
Geronticus eremita | Bald ibis |
Nipponia nippon | Japanese crested ibis |
Waterfowl
Anas aucklandica nesiotis | Campbell Island Flightless teal |
Anas laysanensis | Laysan duck |
Anas oustaleti | Marianas Island duck (otherwise known as Marianas Mallard) |
Branta canadensis leucopareia | Aleutian Canada goose |
Branta sandvicensis | Hawaiian goose (otherwise known as Nene) |
Cairina scutulata | White winged wood duck |
Rhodonessa caryophyllacea | Pink-headed duck |
Diurnal Birds of Prey
Cathartidae | New world vultures |
Pandion haliaetus | Osprey |
Accipitridae | True hawks |
Sagittarius serpentarius | Secretary bird |
Falconidae | Falcons |
Gamebirds
Aburria jacutinga | Black-fronted curassow (otherwise known as Black-fronted guan) |
Aburria pipile | White-headed curassow (otherwise known as Piping guan) |
Catreus wallichii | Cheer pheasant |
Colinus virginianus ridgwayi | Masked bobwhite |
Crax blumenbachii | Red-billed curassow |
Crax mitu | Razor-billed curassow |
Crossoptilon crossoptilon | White Eared-pheasant |
Crossoptilon mantchuricum | Brown Eared-pheasant |
Lophophorus impejanus | Himalayan monal |
Lophophorus lhuysii | Chinese monal |
Lophophorus sclateri | Sclater’s monal |
Lophura edwardsi | Edward’s pheasant |
Lophura imperialis | Imperial pheasant |
Lophura swinhoei | Swinhoe’s pheasant |
Macrocephalon maleo | Maleo Fowl |
Oreophasis derbianus | Horned guan |
Penelope albipennis | White-winged guan |
Polyplectron emphanum | Palawan peacock pheasant |
Syrmaticus ellioti | Elliot’s pheasant |
Syrmaticus humiae | Hume’s pheasant (otherwise known as Bar-tailed pheasant) |
Syrmaticus mikado | Mikado pheasant |
Tetraogallus caspius | Caspian snowcock |
Tetraogallus tibetanus | Tibetan snowcock |
Tragopan blythii | Blyth’s tragopan |
Tragopan caboti | Cabot’s tragopan |
Tragopan melanocephalus | Western tragopan |
Tympanuchus cupido attwateri | Attwater’s prairie chicken |
Cranes and rails
Grus americana | Whooping crane |
Grus canadensis nesiotes | Cuban sandhill crane |
Grus canadensis pulla | Mississippi sandhill crane |
Grus japonensis | Manchurian crane (otherwise known as Japanese crane) |
Grus leucogeranus | Siberian White crane |
Grus monacha | Hooded crane |
Grus nigricollis | Black-necked crane |
Grus vipio | White-necked crane (otherwise known as White-naped crane) |
Tricholimnas sylvestris | Lord Howe wood-rail |
Rhynochetos jubatus | Kagu |
Chlamydotis undulata | Houbara bustard |
Choriotis nigriceps (otherwise known as Ardeotis nigriceps) | Great Indian bustard |
Eupodotis bengalensis | Bengal florican |
Waders and Gulls
Numenius borealis | Eskimo curlew |
Tringa guttifer | Spotted greenshank (otherwise known as Nordmann’s greenshank) |
Larus relictus | Relict gull |
Pigeons and doves
Caloenas nicobarica | Nicobar pigeon |
Ducula mindorensis | Mindoro imperial pigeon |
Parrots
Amazona arausiaca | Red-necked parrot (otherwise known as Red-necked amazon) |
Amazona barbadensis | Yellow-shouldered parrot (otherwise known as Yellow-shouldered amazon) |
Amazona brasiliensis | Red-tailed parrot (otherwise known as Red-tailed amazon) |
Amazona guildingii | St. Vincent parrot (otherwise known as St. Vincent amazon) |
Amazona imperialis | Imperial parrot (otherwise known as Imperial amazon) |
Amazona leucocephala | Cuban parrot (otherwise known as Cuban amazon) |
Amazona pretrei | Red-spectacled parrot (otherwise known as Red-spectacled amazon) |
Amazona rhodocorytha(otherwise known as Amazona dufresniana rhodocorytha) | Red-crowned parrot (otherwise known as Red-crowned amazon) |
Amazona versicolor | St Lucia parrot (otherwise known as St Lucia amazon) |
Amazona vinacea | Vinaceous parrot (otherwise known as Vinaceous amazon) |
Amazona vittata | Puerto Rico parrot (otherwise known as Puerto Rican amazon) |
Anodorhynchus glaucus | Glaucous macaw |
Anodorhynchus leari | Lear’s macaw |
Aratinga guaruba | Golden parakeet (otherwise known as Golden conure) |
Cyanopsitta spixii | Spix’s macaw |
Cyanoramphus auriceps forbesi | Forbes’ parakeet |
Cyanoramphus novaezelandiae | Red-fronted parakeet |
Cyclopsitta diophthalma coxeni (otherwise known as Opopsitta diophthalma coxeni) | Coxen’s fig parrot |
Geopsittacus occidentalis | Australian night parrot |
Neophema chrysogaster | Orange-bellied parakeet (otherwise known as Orange-bellied parrot) |
Pezoporus wallicus | Ground parrot |
Pionopsitta pileata | Red-capped parrot (otherwise known as Pileated parrot) |
Psephotus chrysopterygius | Golden-shouldered parakeet (otherwise known as Golden-shouldered parrot or Hooded parakeet) |
Psephotus pulcherrimus | Paradise parrot |
Psittacula echo (otherwise known as Psittacula krameri echo) | Mauritius parakeet (otherwise known as Mauritius ring-necked parakeet) |
Psittacus erithacus princeps | Fernando Po grey parrot |
Pyrrhura cruentata | Blue-throated conure |
Rhynchopsitta pachyrhyncha | Thick-billed parrot |
Rhynchopsitta terrisi | Maroon-fronted parrot |
Strigops habroptilus | Kakapo (otherwise known as Owl parrot) |
Hummingbirds
Ramphodon dohrnii | Hook-billed hermit |
Trogons
Pharomachrus mocinno costaricensis | Costa Rican quetzal (otherwise known as Resplendent quetzal) |
Pharomachrus mocinno mocinno | Magnificent quetzal (otherwise known as Resplendent quetzal) |
Owls
Tytonidae | Barn owls |
Strigidae | Typical owls |
Hornbills
Buceros bicornis (otherwise known as Buceros homrai | Great pied hornbill |
Rhinoplax vigil | Helmeted hornbill |
Woodpeckers
Campephilus imperialis | Imperial woodpecker |
Dryocopus javensis richardsi | Tristram’s woodpecker (otherwise known as White-bellied black woodpecker) |
Songbirds
Cotinga maculata | Banded cotinga |
Xipholena atropurpurea | White-winged cotinga |
Pitta kochi | Koch’s pitta |
Atrichornis clamosa | Noisy scrub-bird |
Leucopsar rothschildi | Rothschild’s mynah |
Dasyornis brachypterus longirostris | Western bristlebird |
Dasyornis broadbenti littoralis | Western rufous bristlebird |
Picathartes gymnocephalus | White-necked rockfowl (otherwise known as Yellow-headed rockfowl or Guinea bear-headed rockfowl) |
Picathartes oreas | Grey-necked rockfowl (otherwise known as Cameroon bare-headed rockfowl or Red-headed rockfowl) |
Zosterops albogularis | White-breasted silver-eye |
Meliphaga cassidix | Helmeted honeyeater |
Spinus cucullatus (otherwise known as Carduelis cucullatus) | Red siskin |
REPTILES
3
The kinds of reptile specified in the first column below—
Crocodilians
Alligator sinensis | Chinese alligator |
Caiman crocodilus apaporiensis | Rio Apaporis caiman (otherwise known as Spectacled caiman) |
Caiman latirostris | Broad-nosed caiman |
Melanosuchus niger | Black caiman |
Crocodylus acutus | American crocodile |
Crocodylus cataphractus | African slender-snouted crocodile (otherwise known as African sharp-nosed crocodile) |
Crocodylus intermedius | Orinoco crocodile |
Crocodylus moreletii | Morelet’s crocodile |
Crocodylus niloticus | Nile crocodile |
Crocodylus novaeguineae mindorensis | Philippine crocodile |
Crocodylus palustris | Mugger (otherwise known as Marsh crocodile or Broad-snouted crocodile) |
Crocodylus porosus | Estuarine crocodile (otherwise known as Salt-water crocodile) |
Crocodylus rhombifer | Cuban crocodile |
Crocodylus siamensis | Siamese crocodile |
Osteolaemus tetraspis | West African dwarf crocodile |
Tomistoma schlegelii | False gharial (otherwise known as False gavial) |
Gavialis gangeticus | Indian gharial (otherwise known as Indian gavial) |
Iguanas
Brachylophus | Fijian iguanas |
Cyclura | Caribbean rock iguanas |
Sauromalus varius | San Esteban Island chuck-walla |
Lizards
Varanus bengalensis | Bengal monitor (otherwise known as Indian monitor or Common monitor) |
Varanus flavescens | Yellow monitor |
Varanus griseus | Desert monitor (otherwise known as Agra monitor or Grey monitor) |
Varanus komodoensis | Komodo dragon |
Snakes
Acrantophis | Madagascar boas |
Bolyeria | Round island boas |
Casarea | Round island boas |
Epicrates inornatus | Yellow tree boa |
Epicrates subflavus | Jamaican boa |
Python molurus molurus | Indian python (otherwise known as Indian rock python) |
Sanzinia madagascariensis | Madagascar boa |
Tuatara
Sphenodon punctatus | Tuatara |
Chelonians
Batagur baska | River terrapin (otherwise known as Tuntong) |
Geoclemys hamiltonii (otherwise known as Damonia hamiltonii) | Black pond turtle (otherwise known as Spotted pond turtle) |
Melanochelys tricarinata (otherwise known as Geoemyda tricarinata or Nicoria tricarinata) | Three-keeled turtle (otherwise known as Three-keeled land tortoise) |
Kachuga tecta tecta | Indian tent turtle (otherwise known as Indian sawback turtle or Roofed turtle or Dura turtle) |
Morenia ocellata | Burmese swamp turtle |
Terrapene coahuila | Aquatic box turtle (otherwise known as Water box turtle) |
Geochelone elephantopus (otherwise known as Testudo elephantopus) | Galapagos giant tortoise |
Geochelone radiata (otherwise known as Testudo radiata) | Radiated tortoise (otherwise known as Rayed tortoise) |
Geochelone yniphora (otherwise known as Testudo yniphora) | Madagascar tortoise (otherwise known as Rayed tortoise or Angonoka) |
Gopherus flavomarginatus (otherwise known as Crophemus polyphemus flavomarginatus) | Mexican gopher tortoise |
Psammobates geometricus (otherwise known as Testudo geometricus) | Geometric tortoise |
Cheloniidae | Sea turtles |
Dermochelys coriacea | Leatherback turtle (otherwise known as Leathery turtle or Luth) |
Lissemys punctata punctata | Indian flap-shelled turtle |
Trionyx ater | Cuatro Cienegas soft-shell turtle (otherwise known as Black soft-shelled turtle) |
Trionyx gangeticus | Ganges soft-shelled turtle (otherwise known as Indian soft-shelled turtle) |
Trionyx hurum | Peacock-marked soft-shelled turtle |
Trionyx nigricans | Dark-coloured soft-shelled turtle |
Pseudemydura umbrina | Short-necked turtle (otherwise known as Western swamp turtle) |
AMPHIBIANS
The kinds of amphibian specified in the first column below—
Andrias davidianus (otherwise known as Megalo batrachus davidianus) | Chinese giant salamander |
Andrias japonicus (otherwise known as Megalobatrachus japonicus) | Japanese giant salamander |
Atelopus varius zeteki | Golden frog (otherwise known as Zetek’s frog) |
Bufo periglenes | Golden toad (otherwise known as Orange toad) |
Bufo superciliaris | Cameroon toad |
Nectophrynoides | Viviparous toads |
FISH
5
The kinds of fish specified in the first column below—
Kind | Common name |
|---|---|
Acipenser brevirostrum | Shortnose sturgeon |
Scleropages formosus | Asiatic bonytongue |
Coregonus alpenae | Longjaw cisco |
Chasmistes cujus | Cui-ui |
Probarbus jullieni | lkan temolek |
Pangasianodon gigas | Giant catfish |
Stizostedion vitreum glaucum | Blue walleye |
Cynoscion macdonaldi | Drum fish |
MOLLUSCS
6
The kinds of mollusc specified below—
Conradilla caelata
Dromus dromas
Epioblasma florentina curtisi (otherwise known as Dysnomia florentina curtisi)
Epioblasma florentina florentina (otherwise known as Dysnomia florentina florentina)
Epioblasma sampsoni (otherwise known as Dysnomia sampsoni)
Epioblasma sulcata perobliqua (otherwise known as Dysnomia sulcata perobliqua)
Epioblasma torulosa gubernaculum (Otherwise known as Dysnomia torulosa gubernaculum)
Epioblasma torulosa torulosa (otherwise known as Dysnomia torulosa torulosa)
Epioblasma turgidula (otherwise known as Dysnomia turgidula)
Epioblasma walkeri (otherwise known as Dysnomia walkeri)
Fusconaia cuneolus
Fusconaia edgariana
Lampsilis higginsi
Lampsilis orbiculata orbiculata
Lampsilis satura
Lampsilis verescens
Plethobasus cicatricosus
Plethobasus cooperianus
Pleurobema plenum
Potamilus capax (otherwise known as Proptera capax)
Quadrula intermedia
Quadrula sparsa
Toxolasma cylindrella (otherwise known as Carunculina cylindrella)
Unio nickliniana (otherwise known as Megalonaias nickliniana)
Unio tampicoensis tecomatensis (otherwise known as Lampsilis tampicoensis tecomatensis)
Villosa trabalis (otherwise known as Micromya trabalis)
NOTE. The second column of this Schedule gives a common name or names, where available, and is included by way of guidance only ; in the event of any dispute or proceedings, only the first column is to be taken into account.
Part III
Schedule inserted as Schedule 5
SCHEDULE 5
Plants the sale etc. of which is restricted
This Schedule applies to the kinds of plant specified in the second column below—
Family | Kind |
|---|---|
Apocynaceae | Pachypodium namaquanum |
Araceae | Alocasia sanderana |
Cactaceae | Ariocarpus agavoides |
Ariocarpus scapharostrus | |
Aztekium ritteri | |
Echinocereus lindsayi | |
Obregonia denegrii | |
Pelecyphora aselliformis | |
Pelecyphora strobiliformis | |
Caryocaraceae | Caryocar costaricense |
Caryophyllaceae | Gymnocarpus przewalskii |
Melandrium mongolicus | |
Silene mongolica | |
Stellaria pulvinata | |
Cupressaceae | Fitzroya cupressoides |
Pilgerodendron uviferum | |
Cycadaceae | Mirocycas calocoma |
Gentianaceae | Prepusa hookeriana |
Humiriaceae | Vantanea barbourii |
Juglandaceae | Engelhardtia pterocarpa |
Leguminosae | Ammopiptanthus mongolicum |
Cynometra hemitomophylla | |
Platymiscium pleiostachyum | |
Tachigalia versicolor | |
Liliaceae | Aloe albida |
Aloe pillansii | |
Aloe polyphylla | |
Aloe thorncropftii | |
Aloe vossii | |
Melastomataceae | Lavoisiera itambana |
Meliaceae | Guarea longipetiola |
Moraceae | Batocarpus costaricensis |
Nepenthaceae | Nepenthes rajah |
Orchidaceae | Cattleya skinneri |
Cattleya trianae | |
Didiciea cunninghamii | |
Laelia jongheana | |
Laelia lobata | |
Lycaste virginalis var alba | |
Peristeria elata | |
Renanthera imschootiana | |
Vanda coerulea | |
Pinaceae | Abies guatemalensis |
Abies nebrodensis | |
Podocarpaceae | Podocarpus costalis |
Podocarpus parlatorei | |
Proteaceae | Orothamnus zeyheri |
Protea odorata | |
Rubiaceae | Balmea stormae |
Sarraceniaceae | Sarracenia alabamensis alabamensis |
Sarracenia jonesii | |
Sarracenia oreophila | |
Saxifragaceae (otherwise known as Grossulariaceae) | Ribes sardoum |
Stangeriaceae | Stangeria eriopus |
Ulmaceae | Celtis aetnensis |
Welwitschiaceae | Welwitschia bainesii |
Zamiaceae | Encephalartos |
Zingiberaceae | Hedychium philippinense |
F109SCHEDULE 10A Delegation of Appellate Functions
Sch. 10A inserted (30.1.2001) by 2000 c. 37 , ss. 75(1) , 103(2) , Sch. 9 para. 7
Interpretation
1
In this Schedule—
“ appointed person ” means a person appointed under section 28F(8) or 28L(10); and
“ appointment ”, in the case of any appointed person, means appointment under either of those provisions.
Appointments
2
An appointment under section 28F(8) or 28L(10) must be in writing and—
a
may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified;
b
may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and
c
may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal or matter which has not been determined by the appointed person before that time.
Powers of appointed person
3
Subject 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 persons
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.
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 appointments
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.
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 State
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.
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.
SCHEDULE 11 Procedure in Connection with Certain Orders under Part II
Coming into operation
F78 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Publicity for orders
F79 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unopposed orders
F80 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Opposed orders
F81 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on power to amend orders or confirm them with modifications
F82 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of final decision on orders
F83 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings for questioning validity of orders
F84 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
F85 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F134 SCHEDULE 12 Procedure in Connection With Orders Under Section 36
Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); S.I. 2014/3088, art. 2(b)(c); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)
Consultation
F134 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Publicity for draft orders
F134 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unopposed orders
F134 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Opposed orders
F134 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on power to make orders with modifications
F134 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local inquiries
F134 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of making of orders
F134 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings for questioning validity of orders
F134 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplemental
F134 9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86 SCHEDULE 13
Sch. 13 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , ss. 105(1)(2) , 107 , Sch. 11 para. 98 , Sch. 12 ; S.I. 2006/2441 , art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 14 Applications for Certain Orders Under Part III
Form of applications
1
An application shall be made in the prescribed form and shall be accompanied by—
a
a map drawn to the prescribed scale and showing the way or ways to which the application relates; and
b
copies of any documentary evidence (including statements of witnesses) which the applicant wishes to adduce in support of the application.
Notice of applications
2
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.
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 authority
3
1
As soon as reasonably practicable after receiving a certificate under paragraph 2(3), the authority shall—
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 order
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.
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 F87(which may include a direction as to the time within which an order is to be made).
Interpretation
5
1
In this Schedule—
“ application ” means an application under section 53(5);
“ local authority ” means F88 a non-metroplitan district council , a parish F89 . . . council or the parish meeting of a parish not having a separate parish council F90 but, in relation to Wales, means a community council ;
“ prescribed ” means prescribed by regulations made by the Secretary of State.
2
Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
SCHEDULE 15 Procedure in Connection with Certain Orders Under Part III
Consultation
1
Before making an order, the authority shall consult with every local authority whose area includes the land to which the order relates.
Coming into operation
2
An order shall not take effect until confirmed either by the authority or the Secretary of State under paragraph 6 or by the Secretary of State under paragraph 7.
Publicity for orders
3
1
On making an order, the authority shall give notice in the prescribed form—
a
describing the general effect of the order and stating that it has been made and requires confirmation;
b
naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and
c
specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order F91, 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
Representations or objections made with respect to abandoned surveys or reviews
4
1
This paragraph applies where a survey begun under sections 27 to 32 of the 1949 Act, or a review begun under section 33 of that Act, is abandoned after a draft map and statement have been prepared.
2
If an order modifies the definitive map and statement so as—
a
to show any particulars shown in the draft map and statement but not in the definitive map and statement; or
b
to omit any particulars shown in the definitive map and statement but not in the draft map and statement,
any representation or objection duly made with respect to the showing in or omission from the draft map and statement of those particulars shall be treated for the purposes of paragraphs 6 and 7 as a representation or objection duly made with respect to the corresponding modifications made by the order.
Severance of orders
5
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—
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 orders
6
1
If no representations or objections are duly made, or if any so made are withdrawn, the authority may—
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 orders
E3 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.
2
Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall F94, 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.
F952A
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 F96any person appointed to hold an inquiry or hear representations or objections, the Secretary of State may confirm the order with or without modifications.
E47
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.
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.
Restriction on power to confirm orders with modifications
E5 8
1
The Secretary of State shall not confirm an order with modifications so as—
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 F97, which must include particulars of the grounds relied on, may be made;
F98b
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.
E68
1
The Secretary of State shall not confirm an order with modifications so as—
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.
Local inquiries
F99 9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appointment of inspectors etc.
10
1
A decision of the Secretary of State under paragraph 6, 7 or 8 shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.
2
The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.
3
Where the Secretary of State has appointed a person to make a decision under paragraph 6, 7 or 8 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.
4
Where by virtue of sub-paragraph (2) or (3) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.
5
Regulations under this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.
F101 Hearings and local inquiries
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)
F10010A
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 F141in England as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.
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 F142in England as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.
F1434
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.
Notice of final decisions on orders
11
1
As soon as practicable after a decision to confirm an order is made or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice—
a
describing the general effect of the order as confirmed and stating that it has been confirmed (with or without modification) and the date on which it took effect; and
b
naming a place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours.
2
A notice under sub-paragraph (1) shall be given—
a
by publication in the manner required by paragraph 3(2)(a);
b
by serving a like notice on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4); and
c
by causing like notices to be displayed in the like manner as the notices required to be displayed under paragraph 3(2)(c).
3
A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as confirmed as relates to that land or, as the case may be, the area of that authority; and, in the case of an order which has been confirmed with modifications, a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order as confirmed.
4
As soon as practicable after a decision not to confirm an order or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his decision, the authority shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 3(2)(b) or (4).
Proceedings for questioning validity of orders
12
1
If any person is aggrieved by an order which has taken effect and desires to question its validity on the ground that it is not within the powers of section 53 or 54 or that any of the requirements of this Schedule have not been complied with in relation to it, he may within 42 days from the date of publication of the notice under paragraph 11 make an application to the High Court under this paragraph.
2
On any such application the High Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant.
3
Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatsoever.
Supplemental
13
1
The Secretary of State may, subject to the provisions of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders as appears to him to be expedient.
2
In this Schedule—
“ council offices ” means offices or buildings acquired or provided by the authority or by a local authority;
“ local authority ” means F102 a non-metropolitan district council , a parish F103 . . . council or the parish meeting of a parish not having a separate parish council F104 but, in relation to Wales, means a community council ;
“ order ” means an order to which the provisions of this Schedule apply;
“ prescribed ” means prescribed by regulations made by the Secretary of State.
3
Regulations under this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
X7 SCHEDULE 16 Orders Creating, Extinguishing or Diverting Footpaths or Bridleways
The text of Sch. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F105 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Highways Act 1980
5
1
In subsection (1) of section 119 of the Highways Act 1980 (diversion of footpaths and bridleways) for the words from the beginning to “or on to land” there shall be substituted the words “Where it appears to a council as respects a footpath or bridleway in their area (other than one that is a trunk road or a special road) that, in the interests of the owner, lessee or occupier of land crossed by the path or way or of the public, it is expedient that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or”.
2
In subsection (5) of that section for the words “the council may require the owner, lessee or occupier on whose representations they are acting” there sball be substituted the words “on the representations of an owner, lessee or occupier of land crossed by the path or way, the council may require him”.
6
1
In sub-paragraphs (1)(b) and 2(b) of paragraph I of Schedule 6 to that Act (procedure as to certain orders relating to footpaths and bridleways) after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge”.
2
For sub-paragraph (3) of that paragraph there shall be substituted the following sub-paragraph—
3
The notices to be given under sub-paragraph (1) or (2) above shall be given—
a
by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated ;
b
by serving a like notice on—
i
every owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977) of any of that land ;
ii
every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land ;
iii
every person on whom notice is required to be served in pursuance of sub-paragraph (3A) or (3B) below ; and
iv
such other persons as may be prescribed in relation to the area in which that land is situated or as the authority or, as the case may be, the Secretary of State may consider appropriate ; and
c
by causing a copy of the notice to be displayed in a prominent position—
i
at the ends of so much of any footpath or bridleway as is created, stopped up or diverted by the order ;
ii
at council offices in the locality of the land to which the order relates ; and
iii
at such other places as the authority or, as the case may be, the Secretary of State may consider appropriate.
3
After that sub-paragraph there shall be inserted the following sub-paragraphs—
3A
Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such public path creation orders, public path extinguishment orders and public path diversion orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “ specified ” means specified in the requirement.
3B
Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders and draft public path diversion orders as are prepared bv the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “ specified ” means specified in the requirement.
3C
The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub- paragraph (3)(b)(i) above ; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.
4
After sub-paragraph (4) of that paragraph there shall be inserted the following sub-paragraphs—
4A
Sub-paragraph (3)(b) and (c) and, where applicable, sub-paragraphs (3C) and (4) above shall be complied with not less than 28 days before the expiration of the time specified in the notice.
4B
A notice required to be served by sub-paragraph (3)(b)(i), (ii) or (iv) above shall be accompanied by a copy of the order.
4C
A notice required to be displayed by sub-paragraph (3)(c)(i) above at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.
4D
In sub-paragraph (3)(c)(ii) above “council offices” means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.
7
After paragraph 2 of that Schedule there shall be inserted the following paragraph—
2A
1
A decision of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State shall, except in such classes of case as may for the tim,- being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State ; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.
2
The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) above and apart from this sub-paragraph, fahs to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.
3
Where the Secretary of State has appointed a person to make a decision under paragraph 2 above the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.
4
Where by virtue of sub-paragraph (2) or (3) above a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.
5
Provision may be made by regulations of the Secretary of State for the giving of publicity to any directions given by the Secretary of State under this paragraph.
8
1
In paragraph 4 of that Schedule after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge” and for heads (a) and (b) there shall be substituted the following heads—
a
serve a like notice on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above ; and
b
cause like notices to be displayed in the like manner as the notices caused to be displayed under paragraph 1(3)(c) above;
2
That paragraph as so amended shall be renumbered as paragraph 4(1) of that Schedule and after that provision as so renumbered there shall be inserted the following sub-paragraphs—
2
A notice required to be served by sub-paragraph (1)(a) above, on—
a
a person on whom notice was required to be served by paragraph 1(3)(b)(i) or (ii) above , or
b
in the case of an order which has been confirmed or made with modifications, a person on whom notice was required to be served by paragraph 1(3)(b)(iv) above,
shall be accompanied by a copy of the order as confirmed or made.
3
As soon as may be after a decision not to confirm an order to which this Schedule applies, the authority by whom the order was made shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above.
9
After that paragraph there shall be inserted the following paragraph—
4A
As soon as may be after an order to which this Schedule applies has come into operation otherwise than—
a
on the date on which it was confirmed or made by the Secretary of State or confinned as an unopposed order ; or
b
at the expiration of a specified period beginning with that date,
the authority by whom the order was made or, in the case of an order made by the Secretary of State, the Secretary of State shall give notice of its coming into operation by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.
Supplemental
10
1
The amendments made by the foregoing provisions of this Schedule shall not apply in relation to any order if it was made or a draft thereof was prepared, or a notice relating to it was given under paragraph 1 of the relevant Schedule, before the commencement date.
2
X8SCHEDULE 17 Enactments repealed
The text of Sch. 17 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Part I Enactments repealed one month after the passing of this Act
Chapter | Short title | Extent of repeal |
|---|---|---|
12, 13 & 14 Geo. 6. c. 97. | The National Parks and Access to the Countryside Act 1949. | Section 23. |
1968 c. 41. | The Countryside Act 1968. | Section 14. |
In section 15(1) the words “which is not for the time being managed as a nature reserve but”. | ||
1973 c. 37. | The Water Act 1973. | In section 22(3) the words “not being land for the time being managed as a nature reserve”. |
1973 c. 54. | The Nature Conservancy Council Act 1973. | Section 3. |
1973 c. 65. | The Local Government (Scotland) Act 1973. | In Schedule 27, in Part II, paragraph 101. |
1980 c. 66. | The Highways Act 1980. | In section 134, subsection (3) and in subsection (5) the words “(3) or”. |
In section 135(1), the words “6 or” and “6 weeks or”. |
Part II Enactments repealed on a day to be appointed
Chapter | Short title | Extent of repeal |
|---|---|---|
2 & 3 Geo. 5. c. 14 | The Protection of Animals (Scotland) Act 1912. | In section 9 the words “or any snare” and “or snare”. |
12, 13 & 14 Geo. 6. c. 97. | The National Parks and Access to the Countryside Act 1949. | Sections 2 and 4. |
Sections 27 to 35. | ||
Section 38. | ||
Section 95. | ||
2 & 3 Eliz. 2. c. 30. | The Protection of Birds Act 1954. | The whole Act. |
1963 c. 33. | The London Government Act 1963. | In section 60, subsections (1) to (4). |
1963 c. 36 | The Deer Act 1963. | In Schedule 2, in paragraph 1 the words “of less guage than 12 bore” and in paragraph 4 the words from “other than” onwards. |
1964 c. 59. | The Protection of Birds Act 1954 (Amendment) Act 1964. | The whole Act. |
1967 c. 46. | The Protection of Birds Act 1967. | The whole Act. |
1968 c. 41. | The Countryside Act 1968. | In section 1, subsection (4) and, in subsection (5), the words “and 2(1)” and the words “and in section 4(1)” onwards. |
Section 3. | ||
In Schedule 3, in Part I, the entry relating to the National Parks and Access to the Countryside Act 1949, and Parts II, III and IV. | ||
1970 c. 30. | The Conservation of Seals Act 1970. | In section 10(1)(c), the word “or” immediately following sub-paragraph (ii). |
1971 c. 23. | The Courts Act 1971. | In Schedule 8, paragraph 31. |
In Schedule 9, in Part II, the entry relating to section 31 of the National Parks and Access to the Countryside Act 1949. | ||
1971 c. 78. | The Town and Country Planning Act 1971. | In Schedule 20, in paragraph 1(2)(a), the words “in the London Gazette and”. |
1972 c. 70. | The Local Government Act 1972. | In Schedule 17, paragraphs 22 to 33. |
In Schedule 29, paragraph 37. | ||
1973 c. 37. | The Water Act 1973. | In Schedule 8, paragraph 67. |
1973 c. 54. | The Nature Conservancy Council Act 1973. | In section 5(3) the words from the beginning to “save as aforesaid”. |
1973 c. 57. | The Badgers Act 1973. | Sections 6 and 7. |
Section 8(2)(c). | ||
In section 11, the definitions of “area of special protection” and “authorised person”. | ||
1973 c. 65. | The Local Government (Scotland) Act 1973. | In Schedule 27, in Part II, paragraphs 115 and 168. |
1975 c. 21. | The Criminal Procedure (Scotland) Act 1975. | In Schedule 7C, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975. |
1975 c. 48. | The Conservation of Wild Creatures and Wild Plants Act 1975. | The whole Act. |
1976 c. 16. | The Statute Law (Repeals) Act 1976. | In Schedule 2, in Part II, the entry relating to the Protection of Birds Act 1967. |
1976 c. 72. | The Endangered Species (Import and Export) Act 1976. | Section 13(6). |
1977 c. 45. | The Criminal Law Act 1977. | In Schedule 6, the entries relating to the Protection of Birds Act 1954 and the Conservation of Wild Creatures and Wild Plants Act 1975. |
1979 c. 2. | The Customs and Excise Management Act 1979. | In Schedule 4, in paragraph 12, in the Table the entry relating to the Protection of Birds Act 1954. |
1980 c. 66. | The Highways Act 1980. | In section 31(10) the words “or of that subsection” onwards. |
Section 340(2)(d). | ||
1981 c. 22. | The Animal Health Act 1981. | In Schedule 5, paragraph 1. |
1981 c. 37. | The Zoo Licensing Act 1981. | In section 4(5), the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975. |
Sch. ZA1 inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , ss. 47 , 107 ; S.I. 2006/1382 , art. 2