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Statutory Instruments

1991 No. 367

WILDLIFE

The Wildlife and Countryside Act 1981 (Variation of Schedule) Order 1991

Made

27th February 1991

Laid before Parliament

6th March 1991

Coming into force

27th March 1991

The Secretary of State—

(1)

having received (under section 22(3) of the Wildlife and Countryside Act 1981(1)(“the Act”)) a representation from the Nature Conservancy Council;

(2)

having given (under section 26(4) of the Act) any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order;

(3)

being of the opinion that the animals referred to in article 2(1) to (3) of this Order are in danger of extinction in Great Britain or likely to become so endangered unless conservation measures are taken;

in exercise of the powers conferred on him by section 22(3)(a) of the Act, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule) Order 1991 and shall come into force on 27th March 1991.

Variation of Schedule 5

2.—(1) The adder (Vipera berus) (which is already listed in Schedule 5 to the Act in respect of section 9(5) only) is hereby further listed in respect of section 9(1) so far as it relates to killing and injuring.

(2) The allis shad (Alosa alosa) is hereby added to Schedule 5 to the Act, but only in respect of section 9(1).

(3) The freshwater pearl mussel (Margaritifera margaritifera) is hereby added to Schedule 5 to the Act, but only in respect of section 9(1) so far as it relates to killing and injuring.

Michael Heseltine

One of Her Majesty’s Principal Secretaries of State

27th February 1991

Explanatory Note

(This note is not part of the Order)

This Order, which applies throughout Great Britain, varies Schedule 5 to the Wildlife and Countryside Act 1981, which lists animals protected under that Act.

Article 2 confers limited protection on two animals (the allis shad and the freshwater pearl mussel) and extends the protection already afforded to one animal (the adder).