Wildlife and Countryside Act 1981

27 Interpretation of Part I. E+W

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

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

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

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

• “authorised person” means—

  (a)

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

  (b)

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

  (c)

  as respects anything done in relation to wild birds, any person authorised in writing by any of the following bodies, that is to say, [F1 any of the Nature Conservancy Councils], F2 . . . a district board for a fishery district within the meaning of the M1 Salmon Fisheries (Scotland) Act 1862 or a local fisheries committee constituted under the M2 Sea Fisheries Regulation Act 1966;

  (d)

  [F3 any person authorised in writing by the National Rivers Authority, a water undertaker or a sewerage undertaker;]

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

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

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

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

• “domestic duck” means any domestic form of duck;

• “domestic goose” means any domestic form of goose;

• “firearm” has the same meaning as in the M3 Firearms Act 1968;

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

• [F4 “inland waters” means—

  (a)

  inland waters within the meaning of the Water Resources Act 1991; M4

  (b)

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

  (c)

  controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M5 other than ground waters as defined in section 30A(1)(d) of that Act.]

• “livestock” includes any animal which is kept—

  (a)

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

  (b)

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

  (c)

  for the provision or improvement of shooting or fishing;

• “local authority” means—

  (a)

  in relation to England F5 . . ., a county, district or London borough council F6 . . .;

  (aa)

  [F7 in relation to Wales, a county council or county borough council;]

  (b)

  in relation to Scotland, a [F8 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• “occupier”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish;

• “pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;

• “poultry” means domestic fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;

• “sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;

• “uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

• “vehicle” includes aircraft, hovercraft and boat;

• [F9 “water authority”, in relation to Scotland, has the same meaning as in the M6 Water (Scotland) Act 1980;]

• “wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;

• “wild bird” means any bird of a [F10 species] which is ordinarily resident in or is a visitor to [F11 the European territory of any member State] in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;

• “wild plant” means any plant which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.

• [F12 “wildlife inspector” has the meaning given by section 19ZA(1).]

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

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

[F13 (3A) Any reference in this Part to the Nature Conservancy Councils is a reference to [F14 English Nature], [F15 Scottish Natural Heritage] and the Countryside Council for Wales.]

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

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

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words in s. 27(1) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a),Sch. 9 para. 11(7)(a); S.I. 1991/685, art. 3.

F2 Words in s. 27(1) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F3 S. 27(1): para. (d) in definition of "authorised person" inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 60(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 66(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F4 Definition in s. 27(1) inserted (30.11.1995) by S.I. 1995/2825, reg. 4

F5 Words in s. 27(1) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(2), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F6 Words in s. 27(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F7 S. 27(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F8 Words in s. 27(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(2); S.I. 1996/323, art. 4(1)(b)(c)

F9 S. 27(1): definition of "water authority" repealed (S.) (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 11(2); S.S.I. 2002/118, art. 2(3)

F10 S. 27(1): word in definition of "wild bird" substituted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 4(a)} and also expressed to be substituted (W.) (2.8.2004) by S.I. 2004/1733, reg. 3(1), Sch. para. 2(a)

F11 S. 27(1): words in definition of "wild bird" substituted (E.W.) (14.7.2004) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), {reg. 4(b)} and also expressed to be substituted (W.) (2.8.2004) by S.I. 2004/1733, reg. 3(1), Sch. para. 2(b)

F12 S. 27(1): definition of "wildlife inspector" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 12

F13 S. 27(3A) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(7)(b); S.I. 1991/685, art. 3.

F14 Words in s. 27(3A) substituted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 1(h)(i)

F15 Words in s. 27(3A) substituted (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 4, Sch. 2 para.8(2); S.I. 1991/2633, art. 4.

Marginal Citations

M1 1862 c. 97.

M2 1966 c. 38.

M3 1968 c. 27.

M4 1991 c.57.

M5 1974 c.40.

M6 1980 c. 45.

27 Interpretation of Part I. S

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

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

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

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

• “authorised person” means—

  (a)

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

  (b)

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

  (c)

  as respects anything done in relation to wild birds, any person authorised in writing by any of the following bodies, that is to say, [F1 any of the Nature Conservancy Councils], F2 . . . a district board for a fishery district within the meaning of the M1 Salmon Fisheries (Scotland) Act 1862 or a local fisheries committee constituted under the M2 Sea Fisheries Regulation Act 1966;

  (d)

  [F3 any person authorised in writing by the National Rivers Authority, a water undertaker or a sewerage undertaker;]

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

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

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

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

• “domestic duck” means any domestic form of duck;

• “domestic goose” means any domestic form of goose;

• “firearm” has the same meaning as in the M3 Firearms Act 1968;

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

• [F4 “inland waters” means—

  (a)

  inland waters within the meaning of the Water Resources Act 1991; M4

  (b)

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

  (c)

  controlled waters within the meaning of Part II of the Control of Pollution Act 1974 M5 other than ground waters as defined in section 30A(1)(d) of that Act.]

• “livestock” includes any animal which is kept—

  (a)

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

  (b)

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

  (c)

  for the provision or improvement of shooting or fishing;

• “local authority” means—

  (a)

  in relation to England F5 . . ., a county, district or London borough council F6 . . .;

  (aa)

  [F7 in relation to Wales, a county council or county borough council;]

  (b)

  in relation to Scotland, a [F8 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• “occupier”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish;

• “pick”, in relation to a plant, means gather or pluck any part of the plant without uprooting it;

• “poultry” means [F16 the domestic forms of the following, that is to say] fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;

• “sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly;

• “uproot”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

• “vehicle” includes aircraft, hovercraft and boat;

• [F9 “water authority”, in relation to Scotland, has the same meaning as in the M6 Water (Scotland) Act 1980;]

• “wild animal” means any animal (other than a bird) which is or (before it was killed or taken) was living wild;

• “wild bird” means any bird of a [F17 species] which is ordinarily resident in or is a visitor to [F18 any member State or the European territory of any member State] in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;

• “wild plant” means any plant [F19 (including fungi)] which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.

• [F12 “wildlife inspector” has the meaning given by section 19ZA(1).]

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

[F20 (2A) An animal shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully held in captivity—

(a) where the animal is of a viviparous species, when it was born,

(b) where the animal is of an oviparous species, when the egg was laid.]

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

[F21 (3ZA) Any reference in this Part to a plant which is growing—

(a) includes a reference to a bulb, corm or rhizome;

(b) does not include a reference to a seed or spore.]

[F13 (3A) Any reference in this Part to the Nature Conservancy Councils is a reference to [F14 English Nature], [F15 Scottish Natural Heritage] and the Countryside Council for Wales.]

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

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

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F1 Words in s. 27(1) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a),Sch. 9 para. 11(7)(a); S.I. 1991/685, art. 3.

F2 Words in s. 27(1) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F3 S. 27(1): para. (d) in definition of "authorised person" inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 60(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 66(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F4 Definition in s. 27(1) inserted (30.11.1995) by S.I. 1995/2825, reg. 4

F5 Words in s. 27(1) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(2), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F6 Words in s. 27(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F7 S. 27(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F8 Words in s. 27(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(2); S.I. 1996/323, art. 4(1)(b)(c)

F9 S. 27(1): definition of "water authority" repealed (S.) (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 11(2); S.S.I. 2002/118, art. 2(3)

F12 S. 27(1): definition of "wildlife inspector" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 12

F13 S. 27(3A) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(7)(b); S.I. 1991/685, art. 3.

F14 Words in s. 27(3A) substituted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 1(h)(i)

F15 Words in s. 27(3A) substituted (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 4, Sch. 2 para.8(2); S.I. 1991/2633, art. 4.

F16 S. 27(1): words in the definition of “poultry” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(a); S.S.I. 2004/407, art. 2

F17 S. 27(1): word in the definition of “wild bird” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(b)(i); S.S.I. 2004/407, art. 2

F18 S. 27(1): words in the definition of “wild bird” substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(b)(ii); S.S.I. 2004/407, art. 2

F19 S. 27(1): words in definition of “wild plant” inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(2)(c); S.S.I. 2004/407, art. 2

F20 S. 27(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(3); S.S.I. 2004/407, art. 2

F21 S. 23(3ZA) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 23(4); S.S.I. 2004/407, art. 2

Marginal Citations

M1 1862 c. 97.

M2 1966 c. 38.

M3 1968 c. 27.

M4 1991 c.57.

M5 1974 c.40.

M6 1980 c. 45.