1998 No. 878
WILDLIFE

The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1998

Made
Laid before Parliament
Coming into force
For the purposes of article 2(2) as respects the entry relating to the Mussel, Freshwater Pearl (Margaritifera margaritifera)
For all other purposes

The Secretary of State—

having received a representation made jointly to him by the Nature Conservancy Councils1;

having given 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;

being of the opinion that the animals and plants referred to in articles 2(1) and (2) and 3 of this Order are in danger of extinction in Great Britain or likely to become so endangered unless conservation measures are taken, and that the animal referred to in article 2(3) of this Order is no longer so endangered or likely to become so endangered;

in exercise of the powers conferred on him by section 22(3) of the Wildlife and Countryside Act 1981 and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1998.

(2)

This Order shall come into force for the purposes of article 2(2) as respects the entry relating to the Mussel, Freshwater Pearl (Margaritifera margaritifera) on 27th March 1998 and for all other purposes on 16th April 1998.

(3)

In this Order “the Act” means the Wildlife and Countryside Act 1981.

Variation of Schedule 52.

(1)

The following animals are hereby added to Schedule 5 to the Act2:

Common Name

Scientific Name

Beetle, Stag (in respect of section 9(5) only)

Lucanus cervus

Damselfly, Southern

Coenagrion mercuriale

Goby, Couch's

Gobius couchii

Goby, Giant

Gobius cobitis

Hydroid, Marine

Clavopsella navis

Moth, Fiery Clearwing

Bembecia chrysidiformis

Moth, Fisher’s Estuarine

Gortyna borelii

Mussel, Fan (in respect of section 9(1), (2) and (5) only)

Atrina fragilis

Shad, Twaite (in respect of section 9(4)(a) only)

Alosa fallax

Shark, Basking

Cetorhinus maximus

Vole, Water (in respect of section 9(4) only)

Arvicola terrestris

(2)

The following entries are hereby added to Schedule 5 to the Act in substitution for the existing entries relating to Allis Shad (Alosa alosa)3; Butterfly, Large Copper (Lycaena dispar); Butterfly, Marsh Fritillary (Eurodryas aurinia)4; Mussel, Freshwater Pearl (Margaritifera margaritifera)5:

Common Name

Scientific Name

Allis Shad (in respect of section 9(1) and (4)(a) only)

Alosa alosa

Butterfly, Large Copper

Lycaena dispar

Butterfly, Marsh Fritillary

Eurodryas aurinia

Mussel, Freshwater Pearl

Margaritifera margaritifera

(3)

The Moth, Vipers Bugloss (Hadena irregularis)6 is hereby removed from Schedule 5 to the Act.

Variation of Schedule 83.

The following plants are hereby added to Schedule 8 to the Act7:

Common Name

Scientific Name

Anomodon, Long-leaved

Anomodon longifolius

Beech-lichen, New Forest

Enterographa elaborata

Bluebell (in respect of section 13(2) only)

Hyacinthoides non-scripta

Bolete, Royal

Boletus regius

Cladonia, Convoluted

Cladonia convoluta

Cut-grass

Leersia oryzoides

Deptford Pink (in respect of England and Wales only)

Dianthus armeria

Feather-moss, Polar

Hygrohypnum polare

Stack Fleawort, South

Tephroseris integrifolia (ssp maritima)

Fungus, Hedgehog

Hericium erinaceum

Goblin Lights

Catolechia wahlenbergii

Spike-rush, Dwarf

Eleocharis parvula

Moss, Flamingo

Desmatodon cernuus

Polypore, Oak

Buglossoporus pulvinus

Puffball, Sandy Stilt

Battarraea phalloides

Sulphur-tresses, Alpine

Alectoria ochroleuca

Threadmoss, Long-leaved

Bryum neodamense

Signed by authority of the Secretary of State

Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
(This note is not part of the Order)

This Order, which applies throughout Great Britain (except as respects the Deptford Pink plant), varies Schedules 5 and 8 to the Wildlife and Countryside Act 1981, which list animals and plants protected under that Act.

Article 2 adds seven animals generally to Schedule 5, confers limited protection on four animals and extends the protection afforded to four animals. Article 2 also removes one animal from protection.

Article 3 adds seventeen plants to Schedule 8.

As respects the Mussel, Freshwater Pearl (Margaritifera margaritifera) this Order comes into force on 27th March 1998. The remainder of this Order comes into force on 16th April 1998.

Copies of Schedule 5 (the list of animals which are protected) and Schedule 8 (the list of plants which are protected) may be obtained, free of charge, from the Department for the Environment, Transport and the Regions, Room 902 Tollgate House, Houlton Street, Bristol BS2 9DJ.