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SCHEDULES

SCHEDULE 5E+WEnforcement powers in connection with wildlife

Part 2 E+WPowers of wildlife inspectors extended to certain other Acts

IntroductionE+W

7E+WIn this Part “the enforcement provisions of the 1981 Act relating to Group 1 offences and Group 1 licences” means the following provisions of the Wildlife and Countryside Act 1981 (c. 69)—

(a)section 18A (power to authorise persons to act as wildlife inspectors);

(b)section 18B (power of wildlife inspector to enter premises);

(c)section 18C (power to examine specimens and take samples);

(d)section 18F (restrictions on taking samples from live specimens);

[F1(da)section 19XB(1) and (4) (offences in connection with enforcement powers);]

(e)section 21(4AA) to (4C) (penalties for obstructing etc. wildlife inspectors).

Textual Amendments

Commencement Information

I1Sch. 5 para. 7 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Destructive Imported Animals Act 1932 (c. 12)E+W

8(1)The enforcement provisions of the 1981 Act relating to Group 1 offences and Group 1 licences apply for the purposes of the 1932 Act as if—E+W

(a)any reference to a Group 1 offence were a reference to any offence under the 1932 Act,

(b)any reference to a Group 1 licence were a reference to a licence under the 1932 Act, and

(c)as if the power to take a sample included power to take a sample from a destructive animal (whether live or dead) for the purpose of testing for disease.

(2)Destructive animal” means a musk rat or other animal to which the 1932 Act applies.

Commencement Information

I2Sch. 5 para. 8 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Conservation of Seals Act 1970 (c. 30)E+W

9E+WThe enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1970 Act as if—

(a)[F2United Kingdom Research and Innovation] were required to be consulted about any authorisation of a person to exercise the powers of a wildlife inspector for the purposes of the 1970 Act,

(b)any reference to a Group 1 offence were a reference to any offence under the 1970 Act,

(c)any reference to a Group 1 licence were a reference to a licence under section 10 of the 1970 Act, and

(d)the power to take a sample from a specimen did not include any power to take a sample from a live seal.

Textual Amendments

F2Words in Sch. 5 para. 9(a) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 20; S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 26)

Commencement Information

I3Sch. 5 para. 9 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Deer Act 1991 (c. 54)E+W

10E+WThe enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1991 Act as if—

(a)any reference to a Group 1 offence were a reference to any offence under the 1991 Act,

(b)any reference to a Group 1 licence were a reference to a licence under section 8 of the 1991 Act, and

(c)as if the power to take a sample included power to take a sample from a deer (whether live or dead) for the purpose of testing for disease.

Commencement Information

I4Sch. 5 para. 10 in force at 31.5.2006 by S.I. 2006/1382, art. 2

Protection of Badgers Act 1992 (c. 51)E+W

11E+WThe enforcement provisions relating to Group 1 offences and Group 1 licences apply for the purposes of the 1992 Act as if—

(a)any reference to a Group 1 offence were a reference to any offence under the 1992 Act,

(b)any reference to a Group 1 licence were a reference to a licence under section 10 of the 1992 Act, and

(c)as if the power to take a sample included power to take a sample from a badger (whether live or dead) for the purpose of testing for disease.

Commencement Information

I5Sch. 5 para. 11 in force at 31.5.2006 by S.I. 2006/1382, art. 2