PART I

Wildlife

Protection of birds

Protection of wild birds, their nests and eggs
1
1
Subject to the provisions of this Part, if any person intentionally—
a
kills, injures or takes any wild bird ;
b
takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or
c
takes or destroys an egg of any wild bird,
he shall be guilty of an offence.
2
Subject to the provisions of this Part, if any person has in his possession or control—
a
any live or dead wild bird or any part of, or anything derived from, such a bird ; or
b
an egg of a wild bird or any part of such an egg,
he shall be guilty of an offence.
3
A person shall not be guilty of an offence under subsection (2) if he shows that—
a
the bird or egg had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions ; or
b
the bird, egg or other thing in his possession or control had been sold (whether to him or any other person) otherwise than in contravention of those provisions ;
and in this subsection " the relevant provisions " means the provisions of this Part and of orders made under it and, in the case of a bird or other thing falling within subsection (2)(a), the provisions of the Protection of Birds Acts 1954 to 1967 and of orders made under those Acts.
4
Any person convicted of an offence under subsection (1) or (2) in respect of—
a
a bird included in Schedule 1 on any part of, or any thing derived from, such a bird ;
b
the nest of such a bird ; or
c
an egg of such a bird or any part of such an egg,
shall be liable to a special penalty.
5
Subject to the provisions of this Part, if any person intentionally—
a
disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young ; or
b
disturbs dependent young of such a bird,
he shall be guilty of an offence and liable to a special penalty.
6
In this section " wild bird" does not include any bird which is shown to have been bred in captivity.
7
Any reference in this Part to any bird included in Schedule I. is a reference to any bird included in Part I and, during the close season for the bird in question, any bird included in Part II. of that Schedule.