The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008

Statutory Instruments

2008 No. 2356

Wildlife, England

The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008

Made

1st September 2008

Laid before Parliament

5th September 2008

Coming into force

1st October 2008

For the purposes of section 26(4)(a) of the Wildlife and Countryside Act 1981(1) the Secretary of State considers that no local authority is affected by this Order.

The Secretary of State has—

(a) in accordance with that provision, given any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order;

(b) in accordance with section 26(4)(b) of that Act, consulted with the Joint Nature Conservation Committee, being the advisory body(2) which the Secretary of State considers is best able to advise as to whether this Order should be made.

In exercise of the powers conferred by section 22(1)(3) of the Wildlife and Countryside Act 1981, the Secretary of State makes the following Order:

Citation and commencement

1.  This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008, and shall come into force on 1^st October 2008.

Extent and application

2.  This Order extends to England and Wales only and applies in relation to England only(4).

Variation of Schedule 4

3.—(1) Schedule 4(5) to the Wildlife and Countryside Act 1981 (birds which must be registered and ringed if kept in captivity) is amended as follows.

(2) The following birds are omitted-

Common Name	Scientific Name
Bunting, Cirl	Emberiza cirlus
Bunting, Lapland	Calcarius lapponicus
Bunting, Snow	Plectrophenax nivalis
Eagle, Adalbert’s	Aquila adalberti
Eagle, Great Philippine	Pithecophaga jefferyi
Eagle, Imperial	Aquila heliaca
Eagle, New Guinea	Harpyopsis novaeguineae
Chough	Pyrrhocorax pyrrhocorax
Crossbills (all species)	Loxia spp
Falcon, Barbary	Falco pelegrinoides
Falcon, Gyr	Falco rusticolus
Fieldfare	Turdus pilaris
Firecrest	Regulus ignicapillus
Fish-Eagle, Madagascar	Haliaeetus vociferoides
Forest-Falcon, Plumbeous	Micrastur plumbeus
Harrier, Hen	Circus cyaneus
Hawk, Galapagos	Buteo galapagoensis
Hawk, Grey-backed	Leucopternis occidentalis
Hawk, Hawaiian	Buteo solitarius
Hawk, Ridgway’s	Buteo ridgwayi
Hawk, White-necked	Leucopternis lacernulata
Hawk-Eagle, Wallace’s	Spizaetus nanus
Hobby	Falco subbuteo
Honey-Buzzard, Black	Henicopernis infuscatus
Kestrel, Lesser	Falco naumanni
Kestrel, Mauritius	Falco punctatus
Kite, Red	Milvus milvus
Oriole, Golden	Oriolus oriolus
Redstart, Black	Phoenicurus ochruros
Redwing	Turdus iliacus
Sea-Eagle, Pallas’	Haliaeetus leucoryphus
Sea-Eagle, Steller’s	Haliaeetus pelagicus
Serin	Serinus serinus
Serpent-Eagle, Andaman	Spilornis elgini
Serpent-Eagle, Madagascar	Eutriorchis astur
Serpent-Eagle, Mountain	Spilornis kinabaluensis
Shorelark Shrike, Red-Backed	Eremophila alpestris Lanius collurio
Sparrowhawk, Gundlach’s	Accipiter gundlachi
Sparrowhawk, Imitator	Accipiter imitator
Sparrowhawk, New Britain	Accipiter brachyurus
Sparrowhawk, Small	Accipiter nanus
Tit, Bearded	Panurus biarmicus
Tit, Crested	Parus cristatus
Warbler, Cetti’s	Cettia cetti
Warbler, Dartford	Sylvia undata
Warbler, Marsh	Acrocephalus palustris
Warbler, Savi’s	Locustella luscinioides
Woodlark	Lullula arborea
Wryneck	Jynx torquilla

(3) The words “Any bird one of whose parents or other lineal ancestor was a bird of a kind specified in the foregoing provisions of this Schedule” are omitted.

Revocation

4.  Article 3 of the Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 is revoked.

Jonathan Shaw

Parliamentary Under Secretary of State,

Department for Environment, Food and Rural Affairs

1st September 2008

EXPLANATORY NOTE

(This note is not part of the Order)

Section 7 of the Wildlife and Countryside Act 1981 (“the Act”), together with regulations made under that section, provide for the registration and ringing or marking of birds that are kept in captivity and are listed in Schedule 4 to the Act.

Article 3 of this Order removes the birds listed in that Article from Schedule 4 to the Act. It also removes the reference to hybrids so that Schedule 4 no longer includes hybrids of the species of birds in the list.

From the coming into force of this Order, the birds included in Schedule 4 to the Act will be—

Common name	Scientific name
Buzzard, Honey	Pernis apivorus
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaeetus albicilla
Falcon, Peregrine	Falco peregrinus
Goshawk	Accipter gentilis
Harrier, Marsh	Circus aeruginosus
Harrier, Montagu’s	Circus pygargus
Merlin	Falco columbarius
Osprey	Pandion haliaetus

Article 4 contains a consequential revocation of Article 3 of the Wildlife and Countryside Act 1981(Variation of Schedule 4) Order 1994 (SI 1994/1151).

A full Impact Assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared in respect of this Order. A copy of the Impact Assessment can be obtained from the Wildlife Species Conservation Division, Zone 11/1, Defra, Temple Quay House, Temple Quay, Bristol, BS1 6EB and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

(1)

1981 c. 69.

(2)

See the definition of “advisory body” in sections 23(3) and 27(1) of the Wildlife and Countryside Act 1981. The Joint Nature Conservation Committee was established under section 128(4) of the Environment Protection Act 1990 (c. 43) and continues in existence (albeit reconstituted) under section 31 of the Natural Environment and Rural Communities Act 2006 (c.16).

(3)

Section 22(1) was amended by sections 47(1) and (5) of the Natural Environment and Rural Communities Act 2006.

(4)

The powers of the Secretary of State under section 22(1) of the Wildlife and Countryside Act 1981 were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46) and, in relation to Wales, are devolved to the Welsh Ministers; see the reference to the Wildlife and Countryside Act 1981 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32).

(5)

Schedule 4 was amended by the Wildlife and Countryside Act 1981(Variation of Schedule 4) Order 1994 (S..I .1994/1151).