14K Offences in relation to species control orders
(1) Any person who, without reasonable excuse, fails to carry out, in the manner required by a species control order, an operation which the person is required by the order to carry out is guilty of an offence.
(2) Any person who intentionally obstructs any person from carrying out an operation required to be carried out under a species control order is guilty of an offence.
(3) Any person who, without reasonable excuse, carries out, or causes or permits to be carried out, any excluded operation is guilty of an offence.
14L Enforcement of operations under species control orders
(1) This section applies where a relevant body considers—
(a) that any operation required to be carried out by a species control order it has made has not been carried out within the period or by the date specified in it; or
(b) that any such operation has been carried out otherwise than in the manner required under the order.
(2) The relevant body—
(a) may carry out the operation, or such further work as is necessary to ensure that it is carried out, in the manner required under the order;
(b) is not required to make any payment (and may recover any payments made) in pursuance of the species control order in relation to the operation in question; and
(c) may recover from the person whom the species control order required to carry out the operation any expenses reasonably incurred by it in doing so (less any payment which the relevant body is required to make in relation to the carrying out of the operation under the order by virtue of section 14F(2)(a)).
(1) A person authorised in writing by a relevant body may enter any premises for any of the following purposes—
(a) to determine whether or not to offer to enter into a species control agreement with the owner or, as the case may be, occupier of the premises;
(b) to determine whether or not to make or revoke a species control order;
(c) to serve notice to an owner or occupier of premises in accordance with section 14D(5)(a) or 14G;
(d) to ascertain whether an offence under section 14K is being, or has been, committed in relation to an order made by the relevant body;
(e) to carry out an operation or other work in pursuance of section 14L(2)(a).
(2) A person so authorised to enter premises may not demand admission as of right to any land which is occupied unless—
(a) the entry is for a purpose mentioned in subsection (1)(a) or (b) and at least 24 hours' notice of the intended entry has been given;
(b) the entry is for a purpose mentioned in subsection (1)(c) or (d); or
(c) the entry is for a purpose mentioned in subsection (1)(e) and at least 14 days' notice of the intended entry has been given.
(3) Subsection (2) does not apply in relation to entry in connection with an emergency species control order.
(4) Nothing in this section authorises any person to break any lock barring access to premises which the person is authorised to enter.
(1) If a sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for a person authorised by a relevant body to enter premises for a purpose mentioned in section 14M(1) and that—
(a) admission to the premises has been refused;
(b) such refusal is reasonably apprehended;
(c) the premises are unoccupied;
(d) the occupier is temporarily absent from the premises;
(e) the giving of notice under section 14M(2) would defeat the object of the proposed entry; or
(f) the situation is one of urgency,
the sheriff or justice may grant a warrant authorising the person to enter premises (including lockfast places), if necessary using reasonable force.
(2) In the cases of a warrant under subsection (1)(a) to (d), a sheriff or justice must not grant a warrant unless satisfied that notice of the intended entry has been given in the manner described in section 14M.
(3) A warrant under this section—
(a) may be executed without notice; and
(b) continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify.
(4) Any person authorised by a warrant to enter any premises must, if required to do so by the owner or occupier or anyone acting on the owner or occupier's behalf, show that person the warrant.
(5) Any person authorised by a warrant to use reasonable force—
(a) must be accompanied by a constable when doing so; and
(b) may not use force against an individual.
14O Species control orders: powers of entry: supplemental
(1) Any person who exercises a power of entry to premises in accordance with section 14M or 14N may—
(a) be accompanied by any other person; and
(b) take any machinery, other equipment or materials on to the premises,
for the purpose of assisting the person in the exercise of that power.
(2) A power specified in subsection (1) which is exercisable under a warrant is subject to the terms of the warrant.
(3) Any person leaving any premises which have been entered in exercise of a power conferred by section 14M or a warrant granted under section 14N, being either unoccupied premises or premises from which the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as the person found the premises.
(4) A relevant body must compensate any person who has sustained damage by reason of—
(a) the exercise by a person authorised by the relevant body of any powers of entry conferred on the person by section 14M or a warrant granted under section 14N; or
(b) the failure of a person so authorised to perform the duty imposed by subsection (3),
unless the damage is attributable to the fault of the person who sustained it.
(5) Any dispute as to a person's entitlement to compensation, or to the amount of such compensation, is to be determined by arbitration.
(1) This section applies to sections 14 to 14O only.
(2) Any reference to the native range of an animal or plant, or a type of animal or plant, is a reference to the locality to which the animal or plant of that type is indigenous, and does not refer to any locality to which that type of animal or plant has been imported (whether intentionally or otherwise) by any person.
(3) The native range of a hybrid animal or plant is any locality within the native range of both parents of the hybrid animal or plant.
(4) Any reference to an invasive animal or invasive plant, or type of such an animal or plant, is a reference to an animal or plant of a type which if not under the control of any person, would be likely to have a significant adverse impact on—
(a) biodiversity;
(b) other environmental interests; or
(c) social or economic interests.
(5) Any reference to premises—
(a) includes reference to land (including lockfast places and other buildings), movable structures, vehicles, vessels, aircraft and other means of transport; but
(b) does not include reference to dwellings.
(6) Any reference to a relevant body is a reference to—
(a) the Scottish Ministers;
(b) Scottish Natural Heritage;
(c) the Scottish Environment Protection Agency; ...
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Any reference to an animal includes a reference to ova, semen and milt of the animal.
(8) “Plant” includes fungi and any reference to a plant includes a reference to—
(a) bulbs, corms and rhizomes of the plant; and
(b) notwithstanding section 27(3ZA), seeds and spores of the plant.
(1) The Endangered Species (Import and Export) Act 1976 shall have effect subject to the amendments provided for in Schedule 10 ; and in that Schedule “the 1976 Act” means that Act.
(2) The functions of the GB conservation bodies shall include power to advise or assist—
(a) any constable;
(b) any officer commissioned or other person appointed or authorised by the Commissioners of Customs and Excise to exercise any function conferred on the Commissioners by the said Act of 1976; or
(c) any person duly authorised by the Secretary of State under section 7(3) of that Act,
in, or in connection with, the enforcement of that Act or any order made under it.
(1) Any person who is in possession of any pesticide containing one or more prescribed active ingredient shall be guilty of an offence.
(2) A person shall not be guilty of an offence under subsection (1) if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with—
(a) any regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), ...
(aa) Regulation (EC) 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market, as amended, extended or applied from time to time,
(b) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products, as amended, extended or applied from time to time.
(2A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by subsection (1) shall be guilty of an offence.
(3) In this section—
“pesticide” has the meaning given in the Food and Environment Protection Act 1985 (c. 48), and
“prescribed active ingredient” means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers.
(1) Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—
(a) for scientific, research or educational purposes;
(b) for the purpose of ringing or marking, or examining any ring or mark on, wild birds;
(c) for the purpose of conserving wild birds;
(ca) for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;
(cb) for the purpose of conserving flora or fauna;
(d) for the purpose of protecting any collection of wild birds;
(e) for the purposes of falconry or aviculture;
(f) for the purposes of any public exhibition or competition;
(g) for the purposes of taxidermy;
(h) for the purpose of photography;
(i) for the purposes of preserving public health or public or air safety;
(j) for the purpose of preventing the spread of disease; or
(k) for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber , fisheries or inland waters,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
(1A) The appropriate authority—
(a) shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and
(b) shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.
(2) Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—
(a) a gannet on the island of Sula Sgeir; or
(b) a gull’s egg or, at any time before 15th April in any year, a lapwing’s egg,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
(3) Sections 9(1), (2) , (4) and (4A), 11(1) (a), (b), (be), (c) and (d), and (2) and 13(1) do not apply to anything done—
(a) for scientific or educational purposes;
(b) for the purpose of ringing or marking, or examining any ring or mark on, wild animals;
(c) for the purpose of conserving wild animals or wild plants or introducing them to particular areas;
(d) for the purpose of protecting any zoological or botanical collection;
(e) for the purpose of photography;
(f) for the purpose of preserving public health or public safety;
(g) for the purpose of preventing the spread of disease; or
(h) for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries, ... or
(j) in England, for reasons of overriding public interest,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
(3ZZA) Subsection (3)(c), so far as relating to section 11(2) in its application to mustela erminea (stoat, otherwise known as ermine), is to be read as if the reference to wild animals included wild birds.
(3ZA) A licence granted under subsection (3) may permit the use , otherwise than in Wales, of a trap or snare , or, in Wales, of a trap other than a glue trap, for the purpose of killing, taking or restraining a wild animal included in Schedule 6ZA only if the trap or snare—
(a) meets the conditions relating to certification (see subsections (3ZB) to (3ZF)); or
(b) meets the approved design conditions (see subsections (3ZG to (3ZI)).
This subsection is subject to (3ZJ).
(3ZB) For the purposes of subsection (3ZA)(a) the conditions relating to certification are that—
(a) the trap or snare is of a certified type and make;
(b) the manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; and
(c) where it is manufactured on or after 28th March 2019, the trap or snare is identified by its manufacturer by means of a permanent marking as being of a certified type and make.
(3ZC) For the purposes of subsection (3ZB)(b), instructions provided by the supplier of a trap or snare with the authorisation of the manufacturer of that trap or snare are to be treated as provided by the manufacturer.
(3ZD) For the purposes of this section, a type and make of trap or snare is “certified” in relation to a wild animal included in Schedule 6ZA if it is certified by or on behalf of any of the following authorities as conforming (where the trap or snare is set in accordance with any instructions provided by the manufacturer) to the standards set out in the international trapping standards agreement in relation to the trapping of that animal—
(a) the Secretary of State;
(b) the Welsh Ministers;
(c) the Scottish Ministers;
(d) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
(e) an authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority.
(3ZE) The relevant authority shall—
(a) publish in such manner as it considers appropriate a list of all traps and snares of a certified type and make of which it is aware; and
(b) make the list available to anyone who asks for it in in writing.
(3ZF) For the purposes of subsection (3ZE), “the relevant authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers;
(c) in relation to Scotland, the Scottish Ministers.
(3ZG) For the purposes of subsection (3ZA)(b) a trap or snare meets the approved design conditions if it—
(a) has been constructed by the person using it; and
(b) complies with a design approved for this purpose by or on behalf of the Secretary of State (where it is used in England or Scotland) or the Welsh Ministers (where it is a trap other than a glue trap, and it is used in Wales).
(3ZH) The relevant authority must—
(a) publish in such manner as it considers appropriate details of the design of a trap or snare approved in accordance with subsection (3ZG)(b); and
(b) make the details available to anyone who asks for them in writing.
(3ZI) In subsection (3ZH), “the relevant authority” means—
(a) the Secretary of State, for designs of traps or snares approved for use in England;
(b) the Welsh Ministers, for designs of traps (other than glue traps) approved for use in Wales;
(c) the Scottish Ministers, for designs of traps or snares approved for use in Scotland.
(3ZJ) Subsection (3ZA) does not apply where the licence—
(a) is granted in accordance with any of paragraphs (a) to (d) or paragraphs (f) to (h) of subsection (3) and is subject to such conditions as the appropriate authority considers appropriate when granting the licence;
(b) does not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; and
(c) is accompanied by a written explanation of the reasons for that opinion and for the grant of the licence.
(3ZK) In this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation.
(3B) In England, the appropriate authority shall not grant a licence under subsection (3) unless it is satisfied—
(a) that there is no other satisfactory solution, and
(b) that the grant of the licence is not detrimental to the survival of any population of the species of animal or plant to which the licence relates.
(4) The following provisions, namely—
(a) section 6(1) and (2);
(b) sections 9(5) and 13(2); and
(c) sections 14 and 14ZA,
do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.
(5) Subject to subsections (5A) and (6), a licence under the foregoing provisions of this section—
(a) may be, to any degree, general or specific;
(b) may be granted either to persons of a class or to a particular person;
(c) may be subject to compliance with any specified conditions;
(d) may be modified or revoked at any time by the appropriate authority; and
(e) subject to paragraph (d), shall be valid for the period stated in the licence;
and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.
(5A) A licence under subsection (1) which authorises any action in respect of wild birds—
(a) shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;
(b) shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and
(c) subject to subsection (5)(d), shall be valid for the period, not exceeding two years, or in the case of a licence granted by Natural England five years, stated in the licence.
(6) A licence under subsection (2) or (3) which authorises any person to kill wild birds or wild animals—
(a) shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and
(b) subject to subsection (5)(d), shall be valid for the period, not exceeding two years, or in the case of a licence granted by Natural England five years, stated in the licence.
(6A) The maximum period for the validity of a licence set out in subsection (6)(b) does not apply to—
(a) a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, or
(b) a licence that, by virtue of paragraph 5 of Schedule 3 to that Act, is treated as having been granted to a developer under subsection (3).
(7) It shall be a defence in proceedings for an offence under section 8(b) of the Protection of Animals Act 1911 or section 7(b) of the Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—
(a) the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and
(b) any conditions specified in the licence were complied with.
(8) For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.
(8ZA) In this section, in the case of a licence granted to Natural England under subsection (3) to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, “the appropriate authority” means the Secretary of State.
(8A) In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “the appropriate authority” means the Marine Management Organisation , but this is subject to subsection (8ZA).
(8C) In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to Wales, “the appropriate authority” means the Natural Resources Body for Wales.
(9) Except as provided by subsections (8ZA), (8A) and (8C), In this section “the appropriate authority” means—
(a) in the case of a licence under any of paragraphs (a) to (cb) of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the relevant conservation body;
(b) in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid;
(c) in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) or (j) of subsection (3), the relevant conservation body;
(d) in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and
(e) in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.
(9A) In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Wild Birds Directive.
(10) The agriculture Minister—
(a) shall from time to time consult with each of the GB conservation bodies as to the exercise in the area of that body of his functions under this section; and
(b) shall not grant a licence of any description unless he has been advised by the relevant conservation body as to the circumstances in which, in their opinion, licences of that description should be granted.
(11) For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the conservation body for the area in which it is proposed to carry on the activity requiring a licence.
(12) In this section—
(a) “the restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark;
(b) “the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009.
(c) “Wales” has the meaning given by section 158 of the Government of Wales Act 2006.
16AA Licensing: land on which certain birds may be killed or taken
(1) The relevant authority may, on the application of an owner or occupier of an area of land, grant a licence for the purposes of permitting the killing or taking of any type of bird included in Part 1B of Schedule 2 on the land (a “section 16AA licence”), if it is satisfied that it is appropriate to do so.
(2) In determining whether it is appropriate to grant a section 16AA licence the relevant authority must have regard in particular to the applicant’s compliance with a code of practice made in accordance with section 16AC.
(3) Where the relevant authority refuses to grant a licence to an applicant, the relevant authority must give written notice to the applicant of the reasons for doing so.
(4) An application for a section 16AA licence must—
(a) be made to the relevant authority,
(b) be made in such manner and form as the relevant authority may require,
(c) describe the area of land to which the applicant proposes the licence should relate,
(d) contain or be accompanied by such information as the relevant authority may require, and
(e) be accompanied by payment of such reasonable fee as the relevant authority may require.
(5) The relevant authority must publicise any requirements which are for the time being set under subsection (4)(b) to (e).
(5A) The relevant authority may—
(a) where it considers it reasonable and appropriate to do so, propose to the applicant a different area to which the licence is to relate from that specified in the application, together with reasons for such a proposal, and
(b) if unable to reach agreement with the applicant as to what is an appropriate area of land to which the licence is to relate, refuse the application.
(6) A section 16AA licence—
(a) must—
(i) specify the person to whom the licence is granted (“the licence holder”),
(ii) identify the area of land, by reference to a map, to which the licence relates,
(iii) specify any reasonable conditions the relevant authority considers appropriate to attach to the licence, and
(b) may be granted or renewed for a period not exceeding 5 years.
(7) Every section 16AA licence is subject to the condition that the licence holder must have regard to a code of practice made in accordance with section 16AC.
(8) Conditions which may be specified under subsection (6)(a)(iii) include, in particular, conditions drawn from a code of practice made in accordance with section 16AC.
(9) The relevant authority may—
(a) modify a section 16AA licence at any time,
(b) suspend or revoke a section 16AA licence if—
(i) the licence holder—
(A) fails to comply with any conditions attached to the licence, or
(B) ceases to be in a position to ensure compliance with the conditions,
(ii) the relevant authority is satisfied that the licence holder or a person involved in managing the land to which the licence relates—
(A) has committed a relevant offence that supports or benefits the activities permitted by the licence, or
(B) has knowingly caused or permitted another person to do so.
(9A) The relevant authority may not modify a licence under subsection (9)(a) to identify a different area of land to which the licence relates from that which was identified when the licence was granted without the prior agreement of the licence holder.
(10) Where the relevant authority has modified, suspended or revoked a person’s section 16AA licence—
(a) the relevant authority must give written notice to the person of the modification, suspension or revocation and specify in the notice the reason for the modification, suspension or revocation, and
(b) the modification, suspension or revocation may not take effect until the end of—
(i) the period of 14 days beginning with the day on which the notice is given, or
(ii) such other period as the relevant authority considers appropriate and specifies in the notice.
(11) A licence holder whose section 16AA licence is suspended is to be treated as not having a section 16AA licence for the duration of the suspension.
(12) A court which convicts a person of a relevant offence must notify the Scottish Ministers (or Scottish Natural Heritage if the functions under this section have been delegated to that body) of the conviction.
(13) In this section—
“relevant authority” means—
the Scottish Ministers, or
where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to section 16AA licences, Scottish Natural Heritage,
“relevant offence” means an offence under—
Part 1 of this Act,
the Protection of Badgers Act 1992,
Part 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716),
section 1 of the Wild Mammals (Protection) Act 1996,
section 19 of the Animal Health and Welfare (Scotland) Act 2006,
the Hunting with Dogs (Scotland) Act 2023.
(14) The Scottish Ministers may by regulations modify the definition of “relevant offence” in subsection (13).
(1) A person may appeal to the appropriate sheriff against a decision of the relevant authority to—
(a) refuse to grant to the person a section 16AA licence,
(b) attach a condition to the person’s section 16AA licence,
(c) modify, suspend or revoke the person’s section 16AA licence.
(2) An appeal under this section must be made within the period of 21 days beginning with the day on which notice of the decision being appealed against was given.
(3) An appeal under this section is to be determined on the merits rather than by way of review.
(4) The sheriff hearing the appeal may consider any evidence or other matter, whether or not it was available at the time the relevant authority made the decision being appealed against.
(5) Where a summary sheriff is hearing an appeal, the summary sheriff is to have the same power to make an interim order under section 88(1) of the Courts Reform (Scotland) Act 2014 as a sheriff hearing the appeal would have.
(6) On determining the appeal, the sheriff may—
(a) dismiss the appeal, or
(b) give the relevant authority such direction as the sheriff considers appropriate in respect of the decision that is the subject of the appeal.
(7) The determination of the sheriff may be appealed against only on a point of law.
(8) In this section—
“appropriate sheriff” means—
in a case where the appellant resides in Scotland, a sheriff or summary sheriff of the sheriffdom in which the appellant resides, or
in a case where the appellant resides outwith Scotland, a sheriff or summary sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh,
“relevant authority” means—
the Scottish Ministers, or
where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to licences, Scottish Natural Heritage,
“section 16AA licence” is to be construed in accordance with section 16AA(1).
(1) The Scottish Ministers must prepare a code of practice for the purpose of providing guidance about managing land to which a section 16AA licence relates.
(2) A code of practice may, in particular, provide guidance on—
(a) how land should be managed to reduce disturbance of and harm to any wild animal, wild bird and wild plant (including the use of medicated grit for such purposes),
(b) how the taking or killing of any wild birds should be carried out,
(c) how predators should be controlled.
(3) The Scottish Ministers must review the current code of practice by the end of every review period.
(4) Following a review, the Scottish Ministers may revise the current code of practice.
(5) Before making, reviewing or revising a code of practice the Scottish Ministers must consult—
(a) Scottish Natural Heritage,
(b) such other persons as they consider likely to be interested in or affected by the management of land to which a section 16AA licence relates.
(6) Subsection (5)(a) does not apply during any period for which the functions under this section are delegated to Scottish Natural Heritage under section 16AD.
(7) As soon as practicable after the latest version of the code of practice is made, it must be made publicly available.
(8) In this section, “review period” means—
(a) in relation to the first review, the period of 5 years starting on the day on which subsection (1) is complied with, and
(b) each subsequent period of 5 years.
16AD Section 16AA Licence: delegation of power in relation to code of practice
(1) The Scottish Ministers may delegate the preparation, publication, review and revision of the code of practice under section 16AC to Scottish Natural Heritage.
(2) Any delegation must be made by written direction.
(3) The Scottish Ministers may modify or revoke a direction.
16AE Report on operation and effect of section 16AA licences
(1) The Scottish Ministers must, for each reporting period, prepare a report on the operation and effect of section 16AA licences.
(2) The report must include an assessment of the conservation status, including population size and range, of the following species—
(a) golden eagle (aquila chrysaetos),
(b) hen harrier (circus cyaneus),
(c) peregrine falcon (falco peregrinus),
(d) merlin (falco columbarius).
(3) The report may include—
(a) the number of licences issued under section 16AA and the area of land affected,
(b) the number of licences that have been, or are, subject to suspension or revocation, the duration of those suspensions or revocations, and the reasons for those suspensions or revocations,
(c) the number and outcomes of any appeals undertaken under section 16AB, and
(d) such other matters as the Scottish Ministers consider appropriate.
(4) As soon as practicable after each reporting period, the Scottish Ministers must lay the report before the Scottish Parliament.
(5) The Scottish Ministers may by regulations amend subsection (2) to add or remove species of birds.
(6) In this section, “reporting period” means—
(a) in relation to the first report, the period of 5 years beginning on the day on which section 16AA comes into force, and
(b) in relation to each subsequent report, the period of 5 years beginning on the day after the expiry of the previous reporting period.
16AF Report on operation and effect of section 16AA licences: delegation
(1) The Scottish Ministers may delegate the preparation and publication of the report under section 16AE to Scottish Natural Heritage.
(2) Any delegation must be made by written direction.
(3) The Scottish Ministers may modify or revoke a direction.
16A Delegation of licence-granting power: Scotland
(1) The Scottish Ministers may delegate their functions in relation to licences under section 16 to—
(a) Scottish Natural Heritage; or
(b) a local authority.
(1B) The Scottish Ministers may delegate their functions in relation to licences under section 16AA (other than the function in section 16AA(14)) to Scottish Natural Heritage.
(2) But a function may be delegated to a local authority only in so far as it relates to—
(a) the development of land within the meaning of section 26(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8); or
(b) the demolition of buildings within the meaning of section 55 of the Building (Scotland) Act 2003 (asp 8).
(3) A delegation under subsection (1) may be, to any degree, general or specific and may in particular relate to—
(a) a particular type of bird, other animal or plant;
(b) a particular licence or type of licence;
(c) a particular area.
(4) Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type that were granted before the delegation.
(5) A delegation to—
(a) Scottish Natural Heritage under subsection (1)(a) is to be made by written direction;
(aa) Scottish Natural Heritage under subsection (1B) is to be made by written direction,
(b) a local authority under subsection (1)(b) is to be made by order.
(5A) A direction under subsection (5)(aa) may include provision allowing Scottish Natural Heritage to modify or revoke licences that were granted before the direction.
(6) A local authority which is delegated a function under subsection (1)(b) must, before granting or modifying a licence, consult Scottish Natural Heritage.
(7) The Scottish Ministers may modify or revoke a direction under subsection (5)(a) or (5)(aa).
(8) Where a direction or order under subsection (5) is revoked, any existing licence granted under the direction or order continues to have effect (unless the revoking direction or order provides otherwise).
17 False statements made for obtaining registration , identification number or licence etc. False statements made for obtaining registration or licence etc.
A person who, for the purposes of obtaining, whether for himself or another, a registration in accordance with regulations made under section 6(2) or 7(1) , an identification number under section 11A(4) or the grant of a licence under section 16 or 16AA—
(a) makes a statement or representation, or furnishes a document or information, which he knows to be false in a material particular; or
(b) recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular,
shall be guilty of an offence.
(1) Any person who attempts to commit an offence under the foregoing provisions of this Part shall be guilty of an offence and shall be punishable in like manner as for the said offence.
(2) Any person who for the purposes of committing an offence under the foregoing provisions of this Part, has in his possession anything capable of being used for committing the offence shall be guilty of an offence and shall be punishable in like manner as for the said offence.
(1) In this Part, “wildlife inspector” means a person authorised in writing under this section by—
(a) the Secretary of State (in relation to England), or
(b) the National Assembly for Wales (in relation to Wales).
(2) An authorisation under subsection (1) is subject to any conditions or limitations specified in it.
(3) A wildlife inspector must, if required to do so, produce evidence of his authority before entering any premises under section 18B or 18D.
(4) A wildlife inspector entering premises under either of those sections may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under section 18C or 18E.
18B Group 1 offences and licences: power to enter premises
(1) A wildlife inspector may, at any reasonable time, enter and inspect any premises—
(a) for the purpose of ascertaining whether a Group 1 offence is being or has been committed;
(b) for the purpose of—
(i) verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 1 licence, or
(ii) ascertaining whether any condition to which a Group 1 licence was subject has been complied with.
(2) In this Part—
“Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and
“Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.
(3) Nothing in this section confers power to enter a dwelling.
18C Group 1 offences and licences: examining specimens and taking samples
(1) The powers conferred by this section are exercisable where a wildlife inspector has entered any premises for a purpose mentioned in section 18B(1)(a) or (b).
(2) The inspector, or a veterinary surgeon accompanying him, may—
(a) for any such purpose, examine any specimen, and
(b) subject to subsection (5) and section 18F, take a sample from it.
(3) “Specimen” means—
(a) any bird, other animal or plant, or
(b) any part of, or anything derived from, a bird, other animal or plant.
(4) “Sample” means a sample of blood, tissue or other biological material.
(5) No sample may be taken under subsection (2) from a live bird, other animal or plant except for the purpose of establishing its identity or ancestry.
(6) The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—
(a) making an examination under subsection (2)(a), or
(b) taking a sample under subsection (2)(b).
(7) The inspector may take and remove from the premises a specimen which is not a live bird, other animal or plant, if there are reasonable grounds for believing that it is evidence of a Group 1 offence.
18D Group 2 offences and licences etc. : power to enter premises
(1) A wildlife inspector may, at any reasonable time, enter and inspect any premises—
(a) for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;
(b) where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;
(c) for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises;
(d) for the purpose of—
(i) verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 2 licence or a relevant registration, or
(ii) ascertaining whether any condition to which a Group 2 licence was subject has been complied with.
(2) In this Part—
“Group 2 offence” means an offence under section 6, 7, 9(5), 13(2) or 14,
“Group 2 licence” means a licence authorising anything which would otherwise be a Group 2 offence, and
“relevant registration” means a registration in accordance with regulations under section 7(1).
(3) In subsection (1)—
(a) paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—
(i) a Group 2 licence or a relevant registration held by an occupier of the dwelling, or
(ii) an application by an occupier of the dwelling for a Group 2 licence or a relevant registration, and
(b) paragraph (c) does not confer any power to enter a dwelling.
18E Group 2 offences: examining specimens and taking samples
(1) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector or a veterinary surgeon.
(2) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed, require the taking of a sample from a specimen found by him in the exercise of powers conferred by section 18D in order to determine its identity or ancestry.
(3) A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed in respect of any specimen (the relevant specimen), require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—
(a) is alleged to be, or
(b) which the wildlife inspector suspects with reasonable cause to be,
a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.
(4) Where, pursuant to a requirement under this section—
(a) a bird or other animal is to be examined, or
(b) a sample is to be taken from a bird or other animal,
a person who has the bird or animal in his possession or control must give the person making the examination or taking the sample such assistance as he may reasonably require for that purpose.
(5) “Specimen” and “sample” have the same meaning as in section 18C.
(6) This section is subject to section 18F.
18F Restrictions on taking of samples from live specimens
(1) No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird or other animal except by a veterinary surgeon.
(2) No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird, other animal or plant unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.
(1) If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—
(a) stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;
(b) search or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.
(2) If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) or arresting a person, in accordance with section 24 of Police and Criminal Evidence Act 1984, for such an offence, enter any premises other than a dwelling.
(2A) A constable may, for the purpose of assisting him in exercising the powers conferred by subsection (1)(b) and (d) when he has entered any premises under subsection (2), take with him—
(a) any other person, and
(b) any equipment or materials.
(3) If a justice of the peace is satisfied by information on oath that there are reasonable grounds for suspecting that an offence under this Part has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable . . . to enter upon and search those premises for the purpose of obtaining that evidence.
In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.
(9) This section does not apply in relation to offences under Schedule 9A.
19XA Constables' powers in connection with samples
(1) A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample.
(2) A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (the relevant specimen) may require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—
(a) is alleged to be, or
(b) the constable suspects with reasonable cause to be,
a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.
(3) Where a sample from a live bird or other animal is to be taken pursuant to a requirement under this section, any person who has possession or control of the specimen must give the person taking the sample such assistance as he may reasonably require for that purpose.
(4) “Specimen” and “sample” have the same meaning as in section 18C.
(5) This section is subject to section 18F (restrictions on taking samples).
19XB Offences in connection with enforcement powers
(1) A person is guilty of an offence if he—
(a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), or
(b) fails without reasonable excuse to give any assistance reasonably required under section 18C(6).
(2) A person is guilty of an offence if he—
(a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), or
(b) fails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), or
(c) fails without reasonable excuse to give any assistance reasonably required under section 18E(4).
(3) A person is guilty of an offence if he—
(a) fails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), or
(b) fails without reasonable excuse to give any assistance reasonably required under section 19XA(3).
(4) Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence.
(1) The Scottish Ministers may authorise any person to carry out the functions conferred by this section and section 19ZD(3), (4) and (8) (and any person so authorised is to be known as a “wildlife inspector”).
(2) An authorisation under subsection (1)—
(a) shall be in writing, and
(b) is subject to any conditions or limitations specified in it.
(3) A wildlife inspector may, at any reasonable time and (if required to do so) upon producing evidence of authorisation, enter and inspect—
(a) any premises for the purpose of ascertaining whether an offence under section 6, 9(5) , 11I(1) or 13(2) is being, or has been, committed on those premises;
(b) any premises where the inspector has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;
(c) any premises where the inspector has reasonable cause to believe that any birds are kept, for the purpose of ascertaining whether an offence under section 8(1) is being, or has been, committed on those premises;
(d) any premises for the purpose of ascertaining whether an offence under section 14 , 14ZC, 14A, 14AA, 14AA, 14B or 14K is being, or has been, committed on those premises;
(e) any premises for the purpose of —
(i) verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a relevant registration or licence; or
(ii) ascertaining whether a condition to which a relevant registration or licence was subject to has been complied with.
(4) In subsection (3)—
(a) paragraphs (a) to (c) do not confer power to enter a dwelling except for purposes connected with—
(i) a relevant registration or licence held by an occupier of the dwelling; or
(ii) an application by an occupier of the dwelling for a relevant registration or licence,
(b) paragraph (d) does not confer power to enter a dwelling.
(5) A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 8(1), 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being, or has been, committed in respect of any specimen, require any person who has possession or control of the specimen to make it available for examination by the inspector.
(6) Any person who has possession or control of any live bird or other animal shall give any wildlife inspector acting in the exercise of powers conferred by this section such assistance as the inspector may reasonably require for the purpose of examining the bird or other animal.
(7) Any person who—
(a) intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5); or
(b) fails without reasonable excuse to give any assistance reasonably required under subsection (6),
shall be guilty of an offence.
(8) Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence.
(9) In this section—
“relevant registration or licence” means—
a registration in accordance with regulations under section 7(1); or
a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), 11I(1), 13(2), 14, 14ZC , 14A or 14AA;
“specimen” means any bird, other animal , plant, fungus or micro-organism or any part of, or anything derived from, a bird, other animal , plant, fungus or micro-organism.
(1) A constable who suspects with reasonable cause that a specimen found by the constable in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample of blood or tissue in order to determine its origin, identity or ancestry.
(2) A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (“the relevant specimen”) may require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.
(3) A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being or has been committed, require the taking of a sample of blood or tissue from a specimen found by the inspector in the exercise of powers conferred by section 19ZC(3)(a) to (d) in order to determine its origin, identity or ancestry.
(4) A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being or has been committed in respect of any specimen (“the relevant specimen”), require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.
(5) No sample from a live bird, other animal or plant shall be taken pursuant to a requirement under this section unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.
(6) No sample from a live bird or other animal shall be taken pursuant to such a requirement except by a veterinary surgeon.
(7) Where a sample from a live bird or other animal is to be taken pursuant to such a requirement, any person who has possession or control of the specimen shall give the person taking the sample such assistance as that person may reasonably require for that purpose.
(8) A constable entering premises under section 19(2), and any wildlife inspector entering premises under section 19ZC(3), may take with him a veterinary surgeon if the constable or, as the case may be, inspector has reasonable grounds for believing that such a person will be required for the exercise on the premises of powers under subsection (1) or (2) or, as the case may be, (3) or (4).
(9) Any person who—
(a) intentionally obstructs a wildlife inspector acting in the exercise of the power conferred by subsection (3),
(b) fails without reasonable excuse to make available any specimen in accordance with a requirement under subsection (2) or (4), or
(c) fails without reasonable excuse to give any assistance reasonably required under subsection (7),
shall be guilty of an offence.
(10) In this section—
(a) “specimen” has the same meaning as in section 19ZC;
(b) in relation to a specimen which is a part of, or is derived from, a bird, other animal or plant, references to determining its origin, identity or ancestry are to determining the origin, identity or ancestry of the bird, other animal or plant.
(c) “tissue” means any type of biological material other than blood.
In any proceedings in Scotland for any of the following offences, the accused may be convicted on the evidence of one witness —
(a) an offence under section 1(1)(a) in relation to a grouse, partridge, pheasant or ptarmigan included in Part I of Schedule 2;
(b) an offence under section 1(1)(c);
(c) an offence under section 6(1) in relation to a grouse, partridge or pheasant included in Part IA of Schedule 3;
(d) an offence under section 6(2) in relation to a grouse, partridge, pheasant or ptarmigan included in Part IIA of that Schedule;
(e) an offence under section 10A(1), 11G(1) or 11I(1).
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Proceedings for a summary offence under this Part may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than two years after the commission of the offence.
(3) For the purpose of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(1) Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(4) A person guilty of an offence under section 14 or 14ZA shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4AA) Except in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4B) A person guilty of an offence under section 19XB(1)(a) or (2)(a) in relation to a wildlife inspector entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(4C) A person guilty of an offence under section 19XB(4) shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Where an offence to which subsection (1) . . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.
(6) The court by which any person is convicted of an offence under this Part—
(a) shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and
(b) may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 or 14ZA, any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.
(7) Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.
(1) The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of Schedules ZA1 to 4.
(2) An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.
(3) The Secretary of State may, on a representation made to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act, by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—
(a) add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and
(b) remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.
(4) The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or with respect to particular provisions of this Part or particular times of the year—
(a) add any animals to, or remove any animals from, Schedule 5 or Schedule 6; and
(b) add any plants to, or remove any plants from, Schedule 8.
(5) The Secretary of State may by order, either generally or with respect to particular areas of Great Britain—
(a) add any animals to, or remove any animals from, Part I , IA or IB of Schedule 9; and
(b) add any plants to, or remove any plants from, Part II of that Schedule.
(6) The Secretary of State may, for the purpose of complying with the international trapping standards agreement, by order add any animal to, or remove any animal from, Schedule 6ZA.
(7) In subsection (6), “the international trapping standards agreement” has the meaning given by section 16(3ZK).
(1) The Secretary of State may—
(a) establish any body or bodies, consisting in each case of such members as he may from time to time appoint;
(b) assign to any body or bodies the duty referred to in subsection (4).
(2) Without prejudice to his power under subsection (1), the Secretary of State shall, as soon as practicable after the commencement date,—
(a) establish at least one body under paragraph (a) of subsection (1); or
(b) assign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4).
(3) A reference in this Part to an advisory body is a reference to a body which is established under subsection (1) or to which the duty there referred to is assigned under that subsection.
(4) It shall be the duty of an advisory body to advise the Secretary of State on any question which he may refer to it or on which it considers it should offer its advice—
(a) in connection with the administration of this Part; or
(b) otherwise in connection with the protection of birds or other animals or plants.
(5) In so far as it does not have power to do so apart from this subsection, an advisory body may publish reports relating to the performance by it of its duty under subsection (4).
(6) Before appointing a person to be a member of an advisory body established under subsection (1)(a), the Secretary of State shall consult such persons or bodies as he thinks fit.
(7) The Secretary of State may, out of moneys provided by Parliament and to such an extent as may be approved by the Treasury, defray or contribute towards the expenses of an advisory body established under subsection (1)(a).
(1) The GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act may at any time and shall five years after 30th October 1991 and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—
(a) any animal should be added to, or removed from, Schedule 5;
(b) any plant should be added to, or removed from, Schedule 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) The 2006 Act means the Natural Environment and Rural Communities Act 2006.
(2) Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led to that advice being given.
(3) The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.
(4) The functions of the GB conservation bodies shall include power to advise or assist—
(a) any constable;
(b) any proper officer of a local authority; or
(c) any wildlife inspector,
in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.
(1) Every local authority shall take such steps as they consider expedient for bringing to the attention of the public and of schoolchildren in particular the effect of—
(a) the provisions of this Part; and
(b) any order made under this Part affecting the whole or any part of their area.
(2) A local authority in England and Wales may institute proceedings for any offence under this Part or any order made under it which is committed within their area.
(3) Nothing in this section applies in relation to Schedule 9A or orders or offences under it.
(1) Any power to make regulations or orders under this Part shall be exercisable by statutory instrument.
(2) A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than sections 2(6), 3, 5 and 11, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) No order under section 5 or 11 shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
(4) Before making any order under this Part, the Secretary of State—
(a) except in the case of an order under section 2(6), shall give to any local authority affected and, except in the case of an order under section 3, any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order;
(b) except in the case of an order under section 22(3), shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and
(c) may, if he thinks fit, cause a public inquiry to be held.
(5) Notice of the making of an order under this Part shall be published by the Secretary of State—
(a) if the order relates in whole or in part to England and Wales, in the London Gazette; and
(b) if the order relates in whole or in part to Scotland, in the Edinburgh Gazette.
(6) The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area.
(7) In this section references to orders do not include species control orders under Schedule 9A.
Regulations under section 2(2) of the European Communities Act 1972 (c. 68) for the purpose of implementing Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora (that is, the Directive as amended from time to time by any other EU instrument or otherwise) may, despite paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.