(1)If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence F1. . ..
(2)The power of the Secretary of State to make regulations under subsection (1) shall include power—
(a)to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and
(b)to make different provision for different birds or different descriptions of birds.
[F2(2A)The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).]
(3)If any person keeps or has in his possession or under his control any bird included in Schedule 4—
(a)within five years of his having been convicted of an offence under this Part [F3which falls within subsection (3A)]; or
(b)within three years of his having been convicted of any other offence under this Part so far as it relates to the protection of birds or other animals or any offence involving their ill-treatment,
he shall be guilty of an offence.
[F4(3A)The offences falling within this subsection are—
(a)any offence under section 1(1) or (2) in respect of—
(i)a bird included in Schedule [F5ZA1 or] 1 or any part of, or anything derived from, such a bird,
(ii)the nest of such a bird, or
(iii)an egg of such a bird or any part of such an egg;
(b)any offence under section 1(5) or 5;
(c)any offence under section 6 in respect of—
(i)a bird included in Schedule [F5ZA1 or] 1 or any part of, or anything derived from, such a bird, or
(ii)an egg of such a bird or any part of such an egg;
(d)any offence under section 8.]
(4)If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person—
(a)within five years of that person’s having been convicted of such an offence as is mentioned in paragraph (a) of subsection (3); or
(b)within three years of that person’s having been convicted of such an offence as is mentioned in paragraph (b) of that subsection,
he shall be guilty of an offence.
(5)No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the M1Rehabilitation of Offenders Act 1974.
F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in s. 7(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
F2S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)
F3Words in s. 7(3)(a) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(1)
F4S. 7(3A) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(2)
F5Words in s. 7(3A)(a)(i)(c)(i) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(4)(b), 107; S.I. 2006/1382, art. 2
F6S. 7(6)(7) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
Modifications etc. (not altering text)
C1S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.
Marginal Citations