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E+W

Statutory Instruments

2016 No. 127

Wildlife, England And Wales

The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2016

Made

3rd February 2016

Laid before Parliament

5th February 2016

Laid before the National Assembly for Wales

5th February 2016

Coming into force

6th April 2016

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to the environment(2), and the Welsh Ministers are designated for those purposes in relation to the conservation of natural habitats and of wild fauna and flora(3).

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

Citation, commencement and extentE+W

1.—(1) These Regulations may be cited as the Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2016.

(2) These Regulations come into force on 6th April 2016 and extend to England and Wales.

Amendment of the Wildlife and Countryside Act 1981E+W

2.—(1) The Wildlife and Countryside Act 1981(4) is amended as follows.

(2) In section 1 (protection of wild birds, their nests and eggs), after subsection (3) insert the following subsection—

(3ZA) A person shall not be guilty of an offence under subsection (2)(b) if the person shows that the egg, or the part of the egg, was in any person’s possession or control before 28th September 1982..

(3) In section 27 (interpretation of Part 1)(5), in subsection (1), in the definition of “the Wild Birds Directive” for “Council Directive 79/409/EEC on the conservation of wild birds” substitute “Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds”.

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

3rd February 2016

Carl Sargeant

Minister for Natural Resources

One of the Welsh Ministers

2nd February 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to England and Wales, amend the Wildlife and Countryside Act 1981(c. 69) (“the 1981 Act”). They relate to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ No. L 20, 26.1.2010, p. 7).

The effect of the amendments made by these Regulations is to revert to the position (“the pre-2004 position”) that existed before amendments made to the 1981 Act in 2004 came into force (14th July 2004 in relation to England by S.I. 2004/1487, and 2nd August 2004 in relation to Wales by S.I. 2004/1733). The amendments made in 2004 made it an offence under section 1(2)(b) of the 1981 Act to be in possession or control of the egg of a wild bird, or any part of such an egg, if it was taken from the wild in contravention of (amongst other things) the Protection of Birds Acts 1954 – 1967.

By virtue of these Regulations, the pre-2004 position is restored so that it is no longer an offence under section 1(2)(b) of the 1981 Act to be in possession or control of an egg, or part of an egg, of a wild bird if the person charged can show it was in the possession or control of any person, before the date on which Part 1 of the 1981 Act came into force (28th September 1982 - see S.I. 1982/1217).

An impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

(3)

S.I. 2002/248, amended by S.I. 2006/3329, 2011/1043. The designation is subject to the exceptions set out in Schedule 2 to that Order. The functions conferred on the National Assembly for Wales by means of that Order are now exercisable by the Welsh Ministers, the functions having been transferred by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Following the repeal of section 29 of the Government of Wales Act 1998 (c. 38), S.I. 2002/248 has effect as if made under section 59(1) of the Government of Wales Act 2006, by virtue of section 162 of, and paragraph 28(1) of Schedule 11, to that Act.

(5)

Section 27(1) was amended by S.I. 2007/1843.