Part 3Wildlife etc.

Enforcement etc. of provisions relating to wildlife

I152Enforcement powers in connection with wildlife

Schedule 5 contains amendments relating to enforcement powers in connection with wildlife.

I253Wildlife offences: time limits for proceedings

Schedule 6 contains provisions extending the time limit for summary proceedings for certain offences relating to wildlife.

I354Application of Part 1 of 1981 Act to Crown

1

In the 1981 Act, before section 67 insert—

66AApplication of Part 1 to Crown

1

Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown.

2

No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

3

Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons.

4

But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown.

5

Nothing in this Part affects Her Majesty in her private capacity.

6

Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

2

For the heading to section 67, substitute “ Application of Parts 2 and 3 to Crown land ”.