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Nature Conservation (Scotland) Act 2004

Type Act of the Scottish Parliament

Publication 2004-06-11

Last updated 2025-11-01

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) Any penalty imposed on a body corporate, Scottish partnership or, as the case may be, unincorporated association on conviction of an offence under this Part is to be recovered by civil diligence in accordance with section 221 of the Criminal Procedure (Scotland) Act 1995 (c. 46).

Notices, applications etc.

48

(1) Any—

(a) notice, notification or consent given, or

(b) request for review, proposal or application (other than an application to a court) made,

under or for the purposes of this Part must be in writing.

(2) A reference in this Part to SNH or the Scottish Ministers giving notice or notification to the interested parties is a reference to giving notice or notification to—

(a) every owner and occupier of the land, or any part of it, to which the notice or notification relates,

(b) the Scottish Ministers or, as the case may be, SNH,

(d) where the land, or any part of it, is situated in a National Park, the National Park authority for the National Park,

(e) where a planning authority for the district in which the land, or any part of it, is situated is not notified under paragraph (c) or (d), that planning authority,

(f) every community council (within the meaning of Part IV of the Local Government (Scotland) Act 1973 (c. 65)) in whose area the land, or any part of it, is situated,

(g) every statutory undertaker which the person giving the notice or notification considers may carry out operations which may affect the land or any part of it,

(h) every relevant regulatory authority which the person giving the notice or notification considers likely to have functions which relate to the land or any part of it,

(i) every community body which has registered an interest in the land, or in any part of it, under Part 2 of the Land Reform (Scotland) Act 2003 (asp 2),

(j) every other person appearing to the person giving the notice or notification to have an interest in the land or any part of it, and

(k) such other persons as the person giving the notice or notification thinks fit,

and the date on which the Scottish Ministers or, as the case may be, SNH receive a notice or notification given to the interested parties is to be treated as the date on which the notice or notification is given.

(3) The validity of a notice or notification given to the interested parties is not affected by failure to give the notice or notification to any of the persons specified in paragraphs (a) and (f) to (k) of subsection (2).

(4) But subsection (3) does not apply in relation to a failure to give notice or notification to an owner or occupier of land specified in subsection (2)(a) unless SNH has or, as the case may be, the Scottish Ministers have—

(a) taken all reasonable steps to identify the owners and occupiers of the land, or any part of it, to which the notice or notification relates, and

(b) given the notice or notification to each owner and occupier so identified.

(5) The Scottish Ministers may by order modify subsection (2) so as to—

(a) add or remove a type of person to or, as the case may be, from those referred to in that subsection, or

(b) amend any description of a type of person so referred to.

(6) Any reference in this Part to a notice or notification being given to a person is, unless subsection (10) applies, to be construed as a reference to its being—

(a) delivered to the person to whom it is to be given, or

(b) sent in a prepaid registered letter, or by the recorded delivery service, addressed—

(i) where that person is an incorporated company or body, to the secretary, clerk or chief executive of the company or body at its registered or principal office,

(ii) where that person is a public office-holder, to the office-holder at the office-holder’s principal office,

(iii) in any other case, to the person at that person’s usual or last known place of abode.

(7) Any reference in this Part to a request for review, a proposal or an application (other than an application to a court) being made, or a consent being given, is to be construed as a reference to its being—

(a) delivered or sent in the manner described in subsection (6), or

(b) transmitted to the person to whom it is being made or given in some other reasonable manner (including by electronic means).

(8) A request for review, proposal, application or consent which is transmitted by electronic means is to be treated as being in writing if it is received in a form which is legible and capable of being used for subsequent reference.

(9) Subsection (10) applies where—

(a) SNH is to give notice to the owners and occupiers of land in pursuance of section 29(6),

(b) any other notice or notification is to be given under this Part to the owners and occupiers of land and SNH is or, as the case may be, the Scottish Ministers are not aware of the name or address of any owner or occupier of the land.

(10) Where this subsection applies a copy of the notice or notification must be addressed to “The owners and any occupiers” of the land (describing it) and a copy of it must be affixed to some conspicuous object on the land (and so doing is to be treated as sufficient for the purposes of providing notice or notification to each owner or occupier whose name and address is unknown).

(11) Subsection (12) applies where, in giving to the interested parties—

(a) a notification under section 3(1), 5(1) , 5A(1) or 9(1), or

(b) a notice under paragraph 3(a) of schedule 2,

SNH fails or, as the case may be, the Scottish Ministers fail to give the notification or notice to any interested party specified in subsection (2)(a).

(12) Where this subsection applies SNH or, as the case may be, the Scottish Ministers—

(a) must, if it or they become aware of the identity of, or are requested to do so by, any such interested party, provide—

(i) a copy of the notification or notice in question, and

(ii) such further information in relation to the notification or notice in question as it or they consider appropriate,

to the interested party, and

(b) must take such action as it or they think fit in consequence of any representation made by the interested party.

Transitional arrangements

49

(1) Schedule 5 contains transitional and transitory provisions and savings consequential on this Part.

(2) This section and that schedule are without prejudice to sections 53(2)(a) and 56.

Part 3 — Protection of wildlife

Protection of wildlife

50

Schedule 6 sets out amendments and repeals to the 1981 Act and to the Protection of Badgers Act 1992 (c. 51).

Scottish Marine Wildlife Watching Code

51

(1) SNH must prepare and issue a code, to be known as the Scottish Marine Wildlife Watching Code, setting out recommendations, advice and information relating to commercial and leisure activities involving the watching of marine wildlife.

(2) The Code may, in particular, contain information on—

(a) activities which are likely to disturb marine wildlife,

(b) circumstances in which marine wildlife may be approached, and

(3) SNH must review the Code from time to time and may, following such a review, revise it.

(4) SNH must—

(a) before preparing the Code, and

(b) when reviewing it,

consult such persons appearing to them to have an interest in marine wildlife watching and such other persons as it thinks fit.

(5) SNH must—

(a) publish the Code and any revisions to it in such manner (including on the internet or by other electronic means) as it thinks fit, and

(b) promote awareness and understanding of the Code and any revisions to it.

Part 4 — Scottish Fossil Code

Scottish Fossil Code

52

(1) SNH must prepare and issue a code, to be known as the Scottish Fossil Code, setting out recommendations, advice and information relating to fossils.

(2) The Code may, in particular, contain information on—

(a) activities which are likely to damage fossils,

(b) circumstances in which fossils should not be removed from land,

(3) SNH must review the Code from time to time and may, following such a review, revise it.

(4) SNH must—

(a) before preparing the Code, and

(b) when reviewing it,

consult such persons appearing to them to have an interest in the geological features of land and such other persons as it thinks fit.

(5) SNH must—

(a) publish the Code and any revisions to it in such manner (including on the internet or by other electronic means) as it thinks fit, and

(b) promote awareness and understanding of the Code and any revisions to it.

Part 5 — General

Orders and regulations: general

53

(1) Any power of the Scottish Ministers under this Act to make orders (except nature conservation orders, amending orders, revoking orders, land management orders and orders under section 32(3) and paragraph 11(3) of schedule 5) or regulations is exercisable by statutory instrument.

(2) Any such power includes power to make—

(a) such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

(b) different provision for different purposes and different areas.

(3) An order under section 56 may modify any enactment, instrument or document.

(4) A statutory instrument containing an order or regulations under this Act (except sections 56 (where subsection (5) applies) and 59) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(5) No order under section 56 containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Parliament.

Guidance

54

(1) The Scottish Ministers may issue guidance (or approve guidance issued by others) containing recommendations, advice and information for the assistance of—

(a) public bodies and office-holders in complying with the duty under section 1(1) to further the conservation of biodiversity,

(b) SNH in exercising its functions under Part 2, and

and may issue revisions of any guidance issued by them (or approve revisions of guidance issued by others).

(2) Guidance issued or approved under subsection (1)(b) may, in particular, contain information—

(a) as to the circumstances in which SNH should, for the purposes of section 3(1), 5(1) or 9(1), consider land to be of special interest or, as the case may be, no longer to be of special interest,

(b) as to circumstances in which, and the terms and conditions on which, SNH should offer to enter into a management agreement,

(3) Before issuing or approving guidance under subsection (1), the Scottish Ministers must consult SNH and such persons appearing to them to represent other interests concerned as they think fit.

(4) The Scottish Ministers must publish any guidance issued by them under subsection (1) in such manner (including on the internet or by other electronic means) as they think fit.

Crown application

55

(1) Parts 1 and 2 and this Part bind the Crown.

(2) The amendments and repeals of enactments made by schedule 7 bind the Crown to the same extent as the enactments amended or repealed.

(3) Part 2 applies to Crown land with the following modifications.

(4) Byelaws made by virtue of section 20 may apply to Crown land only if the appropriate authority consents.

(5) No order may be made under section 23 or 30 in relation to Crown land unless the appropriate authority has consented to the making of the order.

(6) An interest in Crown land, other than one held by or on behalf of the Crown, may be acquired under section 39, but only with the consent of the appropriate authority.

(7) No contravention by the Crown of any provision made by or under Part 2 makes the Crown criminally liable; but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(8) Despite subsection (7), any provision made by or under Part 2 applies to persons in the public service of the Crown as it applies to other persons.

(9) In this section “Crown land” means land an interest in which belongs to Her Majesty in right of the Crown, to an office-holder in the Scottish Administration or to a government department, or which is held in trust for Her Majesty for the purposes of the Scottish Administration or a government department.

(10) In this section “the appropriate authority”, in relation to any land—

(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners,

(b) in the case of any other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration or, as the case may be, government department having the management of the land or the relevant person ,

(c) in the case of land belonging to an office-holder in the Scottish Administration or to a government department or held in trust for Her Majesty for the purposes of the Scottish Administration or a government department, means that office-holder or government department.

(10A) In subsection (10), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

(11) It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any land, and their decision is final.

Ancillary provision

56

The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.

Minor and consequential amendments and repeals

57

Schedule 7 sets out minor amendments and amendments and repeals consequential upon the provisions of this Act.

Interpretation

58

(1) In this Act—

“the 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69),

“amending order” has the meaning given in section 24(1),

“biodiversity” has the same meaning as has “biological diversity” in the United Nations Environmental Programme Convention on Biological Diversity of 5 June 1992 as amended from time to time (or in any United Nations Convention replacing that Convention),

“excluded operation” has the meaning given in section 31(2),

“interest”, in relation to land, means any right in or over land exercisable by virtue of the ownership of an interest in land, by virtue of a licence or agreement or by virtue of any other entitlement to occupy the land, and in particular includes sporting rights,

“interested parties” is to be construed in accordance with section 48(2),

“land management order” has the meaning given in section 29(2),

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

“management agreement” means an agreement under—section 16 (agreements for establishment of nature reserves) of the National Parks and Access to the Countryside Act 1949 (c. 97),section 49A (agreements to secure the conservation and enhancement, or to foster the understanding and enjoyment, of natural heritage) of the Countryside (Scotland) Act 1967 (c. 86), orsection 15 (agreements for the purpose of conserving the natural features of areas of special scientific interest) of the Countryside Act 1968 (c. 41),

“natural feature” has the meaning given in section 3(2),

“nature conservation order” means an order under section 23(1),

“operations” includes works and other activities,

“operation requiring consent” has the meaning given in section 3(7),

“permission” includes authorisation, consent and any other type of permission (and “permit”, “permitted” and “permitting” are to be construed accordingly),

“prohibited operation” has the meaning given in section 23(5),

“protected natural feature” means a natural feature—which is specified in an SSSI notification, orby reason of which a nature conservation order has effect,

“public body or office-holder” includes a statutory undertaker and any person exercising functions of a public nature, but does not include any court or any tribunal or body exercising the judicial power of the State,

“relevant regulatory authority” has the meaning given in section 15(2),

“revoking order” has the meaning given in section 24(1),

“site management statement” has the meaning given in section 4(2),

“site of special scientific interest” has the meaning given in section 3(6)(read, where necessary, together with section 5A(3)(b)) ,

“SNH” means Scottish Natural Heritage,

“SSSI notification” has the meaning given in section 3(5)(read, where necessary, together with section 5A(3)(a)) ,

“statutory undertaker” means—a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of water or hydraulic power, an operator of an electronic communications code network (within the meaning given in paragraph 1(1) of Schedule 17 to the Communications Act 2003); an airport operator (within the meaning of the Airports Act 1986 (c. 31)) operating an airport to which Part V of that Act applies,a gas transporter, within the meaning of Part I of the Gas Act 1986 (c. 44), a holder of a licence under section 7 or 7AA of the Gas Act 1986 (c. 44), a holder of a licence under section 6(1) of the Electricity Act 1989 (c. 29),Scottish Water,the Civil Aviation Authority or a holder of a licence under Chapter I of Part I of the Transport Act 2000 (c. 38) (to the extent that the person holding the licence is carrying out activities authorised by it), ora universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c.5).

(2) A reference in this Act to damaging a protected natural feature includes a reference to causing that natural feature to deteriorate.

(3) A protected natural feature consisting of fauna is, for the purposes of this Act, to be treated as being damaged if it is disturbed or harassed to the extent that SNH or, if the land is not a site of special scientific interest, the Scottish Ministers—

(a) no longer consider the land to which it relates to be of special interest by reason of that feature, or

(b) consider the degree to which the land is of special interest by reason of that feature to have decreased significantly.

Short title and commencement

59

(1) This Act may be cited as the Nature Conservation (Scotland) Act 2004.

(2) This Act (except sections 53 and 56 and this section) comes into force on such day as the Scottish Ministers may by order appoint.

SCHEDULE 1

Application of schedule

1

This schedule applies to notifications given under sections 3(1), 5(1) and 9(1).

Publication

2

SNH must give notice describing the general effect of a notification to which this schedule applies—

(a) in at least one local newspaper circulating in the area in which the land to which the notification relates is situated, and

(b) in such other manner (including on the internet or by other electronic means) as SNH thinks fit.

Content of notification

3

A notification to which this schedule applies and the related notice under paragraph 2 must—

(a) name a place where a copy of the notification and each document and map which, by virtue of section 3(4) or 9(4), accompanies it may be inspected free of charge at all reasonable hours,

(b) provide details of how to obtain, on payment of such reasonable charge (if any) as may be imposed by SNH, a copy of the notification or any such document or map, and

(c) specify the period (not being less than 3 months from the date on which the notification is given) during which, and the manner in which, representations with respect to the notification may be made.

Confirmation or withdrawal of notification

4

SNH must, within—

(a) the period of one year beginning with the date on which a notification to which this schedule applies was given, or

(b) if that period is extended under paragraph 12, the period as so extended,

after considering any representations made within the period specified in the notification, decide to confirm or withdraw the notification.

5

If SNH does not give notice under paragraph 10 within the period mentioned in paragraph 4(a) or that period as extended, it is to be treated as having withdrawn the notification and as having given notice of that fact on the day on which the period expired.

Modification of notification

6

SNH may confirm a notification to which this schedule applies with or without modifications; and the notice under paragraph 10 must specify the modifications (if any) which it has made.

7

Such modifications must not have the effect of—

(a) adding to the operations requiring consent specified in an SSSI notification, or

(b) extending the area of a site of special scientific interest.

8

Paragraph 7(a) does not prevent SNH from amending an SSSI notification by notification under section 7(3) before it gives notice under paragraph 10 in relation to the SSSI notification.

Referral to Advisory Committee

9

Where—

(a) SNH has received a representation made within the period specified in the notification by virtue of paragraph 3(c), and

(b) it is required by subsection (8) of section 21 to consider the matter,

SNH must not confirm the notification unless it has complied with paragraph (a) of that subsection.

Notice of decision to confirm or withdraw

10

SNH must, as soon as practicable after making a decision under paragraph 4 give notice of it—

(a) to the interested parties, and

(b) in accordance with paragraph 2(a) and (b).

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of period during which notification is to be confirmed or withdrawn

12

SNH may extend or further extend the period mentioned in paragraph 4(a) by such period—

(a) in a case where SNH is required by subsection (8) of section 21 to consider a matter , as it thinks fit,

(b) in any other case, as may be agreed with every owner and occupier of land within the site of special scientific interest.

13

The period mentioned in paragraph 4(a) may not be extended under paragraph 12(a) beyond the date which is 18 months after the date on which a notification to which this schedule applies was given.

14

Agreement is obtained for the purposes of paragraph 12(b) if SNH, not less than 28 days before the expiry of the period to be extended or further extended, gives notice of the proposed extension or further extension to every owner and occupier of land within the site of special scientific interest and—

(a) every such person consents to the extension, or

(b) no reasonable objection by any such person to the extension is received by SNH within 28 days of the date on which the notice was given.

15

Where SNH extends or further extends the period mentioned in paragraph 4(a) it must give notice of the extension, or further extension, to the interested parties.

SCHEDULE 2

Application of schedule

1

This schedule applies to nature conservation orders, amending orders and revoking orders.

Consultation

2

Before making an order to which this schedule applies the Scottish Ministers must—

(a) consult SNH on the proposed order, and

(b) have regard to any representations made by SNH.

Notification

3

The Scottish Ministers must, as soon as practicable after making an order to which this schedule applies, give notice of it—

(a) to the interested parties,

(b) in at least one local newspaper circulating in the area in which the land to which the order relates is situated, and

4

The notice must—

(a) set out the order or describe its general effect and, in either case, state whether it has taken effect,

(b) where the notice does not set out the order—

(i) name a place where a copy of it may be inspected free of charge at all reasonable hours, and

(ii) provide details of how to obtain, on payment of such reasonable charge (if any) as may be imposed by the Scottish Ministers, a copy of it, and

(c) where the notice is given in respect of a nature conservation order or an amending order, specify the period (not being less than 3 months from the date on which the notice is given) during which, and the manner in which, representations with respect to the order may be made.

Confirmation of nature conservation orders and amending orders

5

The Scottish Ministers must, within—

(a) the period of one year beginning with the date on which a nature conservation order or amending order is made, or

(b) if that period is extended under paragraph 12, the period as so extended,

after considering any representations made within the period specified in the notice and the report of any person appointed under paragraph 10 to hold an inquiry or to hear representations, decide either to confirm or not to confirm the order.

6

The Scottish Ministers may confirm the order with or without modifications; and the notice given under paragraph 8 of the decision to confirm must specify the modifications (if any) which they have made.

7

Such modifications must not extend the area of land to which a nature conservation order relates.

8

The Scottish Ministers must, as soon as practicable after making a decision under paragraph 5, give notice of it in accordance with paragraph 3(a) to (c).

9

An order which is confirmed with modifications has effect, from the giving of notice under paragraph 8 of the decision to confirm, in its modified form.

Inquiry or other opportunity to be heard

10

If any representation made during the period specified in the notice is not withdrawn during the period mentioned in paragraph 5(a), or that period as extended, the Scottish Ministers must—

(a) cause a local inquiry to be held, or

(b) give the person who made the representation an opportunity of being heard by a person appointed by the Scottish Ministers for the purpose.

11

Subsections (4) to (8) (which relate to the giving of evidence at, and defraying the cost of, local inquiries) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) apply in relation to any inquiry held under paragraph 10(a) as they apply in relation to a local inquiry which is caused to be held under subsection (1) of that section.

Extension of period

12

The Scottish Ministers may, with the agreement (obtained in accordance with paragraph 13) of every owner and occupier of land to which the order relates, extend or further extend the period mentioned in paragraph 5(a) by such period as may be agreed with those persons.

13

Agreement is obtained for the purposes of paragraph 12 if the Scottish Ministers, not less than 28 days before the expiry of the period to be extended or further extended, give notice of the proposed extension or further extension to every owner and occupier of land to which the order relates and—

(a) every such person consents to the extension, or

(b) no reasonable objection by any such person to the extension is received by the Scottish Ministers within 28 days of the date on which the notice was given.

14

Where the Scottish Ministers extend or further extend the period mentioned in paragraph 5(a) they must give notice of the extension, or further extension, to the interested parties.

Recording or registration of orders

15

An order to which this schedule applies and a notice under paragraph 8 must be recorded in the General Register of Sasines or registered in the Land Register of Scotland as appropriate.

SCHEDULE 3

Notification of proposals for land management order

1

SNH must—

(a) give a copy of a proposal under section 29(2) for a land management order and the map accompanying it to every owner and occupier of land to which the proposal relates,

(b) give notice explaining the general effect of the proposed land management order to each of the other interested parties, and

(i) the name and address of each of the interested parties, and

(ii) such other information as SNH thinks fit in relation to the proposal.

2

SNH must also arrange for notification of the proposal to be published—

(a) in at least one local newspaper circulating in the area in which the land to which the proposal relates is situated, and

(b) in such other manner (including on the internet or by other electronic means) as SNH thinks fit.

3

A notification under paragraph 1 or 2 must—

(a) name a place where a copy of the proposal and the map which accompanies it may be inspected free of charge at all reasonable hours,

(b) provide details of how to obtain, on payment of such reasonable charge (if any) as may be imposed by SNH, a copy of the proposal or map,

4

Such representations may be made at any time—

(a) during the period of three months beginning on the date on which the notice under paragraph 1(b) is given, or

(b) if that period is extended under paragraph 5, during that period as extended.

5

The Scottish Ministers may, on the application of any person or of their own accord, extend the period mentioned in paragraph 4(a) by such further period of up to 3 months as they think fit by giving notice of the extension, at any time before the expiry of the period so mentioned, to the persons to whom a copy proposal or a notice was given under paragraph 1(a) or (b).

Power to require disclosure of information

6

The Scottish Ministers may give notice to—

(a) SNH, or

(b) any person to whom SNH has given a copy proposal or a notice under paragraph 1(a) or (b),

requiring SNH or the person to provide the Scottish Ministers, at a time and place and in the form and manner specified in the notice, with such document or other information relating to the proposal as may be specified in the notice.

7

Paragraph 6 does not authorise the Scottish Ministers to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.

8

Any person who—

(a) refuses or fails, without reasonable excuse, to do anything required of the person by a notice given under paragraph 6, or

(b) intentionally alters, suppresses or destroys a document containing any information which that person has been required by such a notice to produce,

is guilty of an offence.

9

Any person guilty of an offence under paragraph 8 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Withdrawal of proposal

10

SNH may, at any time before the Scottish Ministers decide whether to make a land management order on a proposal under section 29(2), withdraw the proposal by giving notice to each person to whom it gave a copy proposal or a notice under paragraph 1(a) or (b).

Notification of decision on orders

11

The Scottish Ministers must publish a decision under section 30(1) or 32(3)—

(a) in at least one local newspaper circulating in the area in which the land to which the order relates is situated, and

(b) in such other manner (including on the internet or by other electronic means) as they think fit.

12

The Scottish Ministers must also give notice of their decision to the interested parties.

13

Such a notice must specify—

(a) the Scottish Ministers' reasons for making their decision,

(b) if they have decided to make a land management order other than in the manner proposed by SNH, the manner in which the order made differs from the order proposed,

(d) the circumstances in which an appeal may be made under section 34(1) against their decision.

Recording or registration of orders

14

A land management order, and any order under section 32(3) amending or revoking a land management order, must be recorded in the General Register of Sasines or registered in the Land Register of Scotland as appropriate.

SCHEDULE 4

Notice of entry to occupied land

1

(1) A person authorised under section 44 to enter any land may not demand admission as of right to any land which is occupied unless—

(a) the entry is for the purpose mentioned in subsection (1)(f) of that section,

(b) the entry is for the purpose mentioned in subsection (1)(bb), (h) or (k) of that section and at least 14 days' notice of the intended entry has been given, or

(c) the entry is for any other purpose mentioned in subsection (1) or (2) of that section and at least 24 hours' notice of the intended entry has been given.

(2) Any such notice must be given to the occupier and, where practicable, to the owner of the land.

Warrant for entry

2

(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 SNH or, as the case may be, the Scottish Ministers to enter any land (other than a dwelling or lockfast premises) for any of the purposes mentioned in section 44(1) and (2) and that—

(a) admission to the land has been refused,

(b) such refusal is reasonably apprehended,

(d) the occupier is temporarily absent from the land, or

(e) an application for admission to the land would defeat the object of the proposed entry,

the sheriff or justice may grant a warrant authorising the person to enter the land, if necessary using reasonable force.

(2) A sheriff or justice must not grant a warrant under sub-paragraph (1) by virtue only of being satisfied that a condition specified in sub-paragraph (1)(a) or (b) is fulfilled unless the sheriff or justice is satisfied that—

(a) notice of the intended entry has been given in accordance with sub-paragraph (1)(b) or (c) of paragraph 1, or

(b) such notice is not, by virtue of sub-paragraph (1)(a) of that paragraph, required.

(3) A warrant under this schedule 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.

Evidence of authority

3

A person authorised under section 44 or by a warrant granted under this schedule to enter any land must, if required to do so by the occupier or anyone acting on the occupier’s behalf, produce evidence of the person’s authority.

Supplementary powers

4

(1) A person who enters any land in the exercise of any power conferred by section 44—

(a) may—

(i) be accompanied by any other persons, and

(ii) take any machinery, other equipment or materials on to the land,

for the purpose of assisting the person in the exercise of that power,

(b) take samples of any articles or substances found there and remove the samples from the land.

(2) A power specified in sub-paragraph (1)(a) or (b) which is exercisable under a warrant is subject to the terms of the warrant.

Duty to secure land

5

A person leaving any land which has been entered in exercise of a power conferred by section 44, being either unoccupied land or land from which the occupier is temporarily absent, must leave it as effectively secured against unauthorised entry as the person found it.

Compensation

6

(1) SNH or, as the case may be, the Scottish Ministers must compensate any person who has sustained damage by reason of—

(a) the exercise by a person authorised by SNH or, as the case may be, the Scottish Ministers of any powers conferred on the person by section 44, or

(b) the failure of a person so authorised to perform the duty imposed by paragraph 5,

unless the damage is attributable to the fault of the person who sustained it.

(2) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of such compensation, is to be determined by arbitration.

SCHEDULE 5

Interpretation

1

In this schedule “the relevant day” means the day on which paragraph 4 of schedule 7 comes into force.

Notifications under the 1981 Act

2

Paragraph 3 applies in relation to each notification given under section 28(1) of the 1981 Act (an “existing notification”) which—

(a) has effect immediately before the relevant day, and

(b) where the notification was—

(i) given after the coming into force of the Wildlife and Countryside (Amendment) Act 1985 (c. 31), and

(ii) not preceded by a notice given under section 28(2) of the 1981 Act (as originally enacted) during the 6 months immediately preceding the coming into force of that Act of 1985,

has been confirmed by notice under section 28(4A)(b) of the 1981 Act.

3

Where this paragraph applies in relation to an existing notification—

(a) the notification is to be treated as an SSSI notification given, and confirmed by SNH under paragraph 4 of schedule 1 to this Act, on the day on which this paragraph first applies in relation to the notification,

(b) any operation specified in the notification in pursuance of section 28(4)(b) of the 1981 Act is to be treated, in relation to it, as an operation requiring consent,

(c) any written notice given in relation to the notification for the purposes of section 28(5)(a) of the 1981 Act during the period of 4 months immediately prior to the day on which this paragraph first applies in relation to the notification is, unless SNH has given written intimation to the person who gave the notice of its refusal to consent to the operation specified in it, to be treated as an application under section 16(2) of this Act, and

(d) SNH is to be treated as having given its written consent on an application under section 16(2) of this Act to the carrying out of an operation which is, by virtue of sub-paragraph (b), to be treated as an operation requiring consent if SNH has, on or before the day on which this paragraph first applies in relation to the notification, given its written consent to the carrying out of the operation.

4

SNH must, as soon as practicable after paragraph 3 first applies in relation to an existing notification—

(a) prepare a site management statement in respect of the land to which the notification relates, or

(b) adopt an existing statement which provides guidance of the type described in section 4(2)(a) in relation to the notification as the site management statement in respect of that land.

5

SNH may, despite subsection (2) of section 6, carry out at such time as it thinks fit the first review under subsection (1)(b) of that section of an operation which is, by virtue of paragraph 3(b), to be treated as an operation requiring consent.

6

A permission to carry out an operation specified in an existing notification given before paragraph 3 first applies to the notification is not to be treated as having been given in accordance with section 15.

7

Where paragraph 3 does not, by virtue of paragraph 2(b), apply in relation to an existing notification—

(a) sections 28 and 51 of the 1981 Act, and

(b) section 12 of the Natural Heritage (Scotland) Act 1991 (c. 28),

continue, despite the repeal of those provisions by paragraphs 4 and 8 of schedule 7, to have effect in relation to the existing notification until it is confirmed by notice under section 28(4A)(b) of the 1981 Act or ceases to have effect.

Notifications under the 1949 Act

8

Paragraph 3 does not apply in relation to any notification given under section 23 of the National Parks and Access to the Countryside Act 1949 (c. 97) (a “1949 Act notification”).

9

Land in respect of which a 1949 Act notification has been given is, where that notification—

(a) has, by virtue of section 28(13) of the 1981 Act, effect as if given under section 28(1)(a) of the 1981 Act, and

(b) has effect immediately before the relevant day,

to be treated as a site of special scientific interest for the purposes of section 12 of this Act.

10

SNH may revoke a 1949 Act notification by giving notice of that fact to the interested parties.

Orders under section 29 of the 1981 Act

11

(1) Each order made under section 29 of the 1981 Act—

(a) which was made before the relevant day, and

(b) in respect of which notice has been given under paragraph 6 of Schedule 11 to the 1981 Act of a decision to confirm it,

is to be treated as a nature conservation order made, and confirmed under paragraph 5 of schedule 2, on that day.

(2) Section 29 of, and Schedule 11 to, the 1981 Act continue, despite the repeal of those provisions by paragraph 4 of schedule 7, to have effect in relation to an order under section 29 of the 1981 Act which is not, by virtue of sub-paragraph (1)(b), to be treated as a nature conservation order until notice is given under paragraph 6 of Schedule 11 to the 1981 Act in respect of it.

(3) An order made under section 29 of the 1981 which is not, by virtue of sub-paragraph (1)(b), to be treated as a nature conservation order may, despite the provisions of Schedule 11 to the 1981 Act, be revoked with immediate effect by order made by the Scottish Ministers.

Registers of notifications: transitory provisions

12

(1) This paragraph has effect until the day on which section 22(1) comes into force.

(2) SNH must compile and maintain, in respect of each planning authority, a register containing—

(a) copies of each SSSI notification which relates wholly or partly to land situated within the district of the authority,

(b) copies of all—

(i) notifications given under section 5(1), 6(5), 7(3), 8(1) or 9(1),

(ii) notices given under paragraph 10 or 15 of schedule 1,

in relation to the SSSI notification, and

(3) Each planning authority must keep a copy of the register relating to its district available at its principal office for public inspection free of charge, and may similarly keep, at such of its other offices as it thinks fit, a copy of such part of the register as appears to it to relate to the area in which the office is situated.

(4) A register maintained under sub-paragraph (2) and a copy of all or part of a register kept under sub-paragraph (3) may be in electronic form.

13

Any notification, plan or notice which, immediately before the relevant day, was included in—

(a) a register of notifications in respect of a planning authority maintained under subsection (12) of section 28 of the 1981 Act, or

(b) a copy of that register, or of part of it, kept under subsection (12B) of that section,

is to be treated as included in the corresponding register maintained under sub-paragraph (2) of paragraph 12 or, as the case may be, the corresponding copy register or part kept under sub-paragraph (3) of that paragraph.

SCHEDULE 6

Wildlife and Countryside Act 1981 (c. 69)

1

The 1981 Act is amended as follows.

Protection of birds: offences

2

(1) Section 1 (protection of wild birds etc.) is amended as follows.

(2) In subsection (1)—

(a) after “intentionally” insert “ or recklessly ”,

(b) in paragraph (b), for “or destroys” substitute “ , destroys or otherwise interferes with ”,

(ba) at any other time takes, damages, destroys or otherwise interferes with any nest habitually used by any wild bird included in Schedule A1; (bb) obstructs or prevents any wild bird from using its nest;

(3) In subsection (3)—

(a) in paragraph (a), after “taken”, where second occurring, insert “ at or from a place in Scotland ”,

(b) the word “or” at the end of that paragraph is repealed,

(d) after that paragraph insert

; or (c) that the bird, egg or other thing in his possession or control had been killed at, taken from or sold at a place outwith Scotland and— (i) that the act of killing, taking or sale would not, if it had been committed in Scotland, have been in contravention of the relevant provisions; or (ii) that the bird, egg or other thing had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations.

(e) the words from “and”, where first occurring, to the end of the subsection are repealed.

(4) After that subsection insert—

(3A) In subsection (3)— “the relevant provisions” means such of the provisions of— (a) the Protection of Birds Acts 1954 to 1967 and orders made under those Acts, and (b) this Part and orders made under it, as were in force at the time when the bird or egg was killed or taken or, as the case may be, the bird, egg or other thing was sold, “the relevant regulations” means— (a) Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade, and (b) Commission Regulation 1808/2001/EC on the implementation of that Council Regulation, as amended from time to time (or any EU instrument replacing either of them).

(5) In subsection (5), after “intentionally” insert “ or recklessly ”.

(6) After that subsection insert—

(5A) Subject to the provisions of this Part, any person who intentionally or recklessly disturbs any wild bird included in Schedule 1 which leks while it is doing so shall be guilty of an offence. (5B) Subject to the provisions of this Part, any person who intentionally or recklessly harasses any wild bird included in Schedule 1A shall be guilty of an offence. (5C) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section shall be guilty of an offence.

3

In section 2 (exceptions to offences against wild birds etc.)—

(a) subsection (2) is repealed,

(b) in subsection (3), for “Subsections (1) and (2)” substitute “ Subsection (1) ”.

4

In section 3 (areas in which wild birds are given special protection)—

(a) in subsection (1)(a), after “intentionally” insert “ or recklessly ”,

(b) subsection (2) is repealed.

5

(1) Section 4 (exceptions to offences against wild birds etc.) is amended as follows.

(2) In subsection (2), in paragraph (c), for the words from “if” to the end substitute “ (an unlawful act if he shows that each of the conditions specified in subsection (2A) was satisfied in relation to the carrying out of the unlawful act. ”

(3) After that subsection insert—

(2A) Those conditions are— (a) that the unlawful act was the incidental result of a lawful operation or other activity; (b) that the person who carried out the lawful operation or other activity— (i) took reasonable precautions for the purpose of avoiding carrying out the unlawful act; or (ii) did not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; and (c) that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent to the person, such steps as were reasonably practicable in the circumstances to minimise the damage or disturbance to the wild bird, nest or, as the case may be, egg in relation to which the unlawful act was carried out.

(4) In subsection (4), for “(3)(c)” substitute “ (3) ”.

(5) In subsection (5)—

(a) for “(3)(c)” substitute “ (3) ”,

(b) for “paragraph” substitute “ subsection ”.

(6) In subsection (6), for “(3)(c)” substitute “ (3) ”.

6

In section 5 (prohibition of certain methods of killing or taking wild birds)—

(a) in subsection (1)(a), for “calculated” substitute “ likely ”,

(b) paragraphs (a) and (b) of subsection (5) are repealed.

7

In section 7(3) (prohibition on possessing certain birds)—

(a) the word “or” at the end of paragraph (a) is repealed,

(b) after paragraph (b) insert

; or (c) any offence under the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) relating to birds (other than an offence under Regulation 9 of those Regulations)

Protection of animals: offences

8

(1) Section 9 (protection of certain wild animals) is amended as follows.

(2) In subsection (1), after “intentionally” insert “ or recklessly ”.

(3) In subsection (3)—

(a) in paragraph (a), after “taken”, where second occurring, insert “ at or from a place in Scotland ”,

(b) the word “or” at the end of that paragraph is repealed,

(d) after paragraph (b) insert

; or (c) that the animal or other thing in his possession or control had been killed at, taken from or sold at a place outwith Scotland and— (i) that the act of killing, taking or sale would not, if it had been committed in Scotland, have been in contravention of the relevant provisions; or (ii) that the animal or other thing had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations.

(e) the words from “and”, where first occurring, to the end of the subsection are repealed.

(4) After that subsection insert—

(3A) In subsection (3)— “the relevant provisions” means such of the provisions of the Conservation of Wild Creatures and Wild Plants Act 1975 (c. 48) and this Part as were in force at the time when the animal was killed or taken or, as the case may be, the animal or other thing was sold, and “the relevant regulations” means— (a) Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade, and (b) Commission Regulation 1808/2001/EC on the implementation of that Council Regulation, as amended from time to time (or any EU instrument replacing either of them).

(5) In subsection (4), after “intentionally” insert “ or recklessly ”.

(6) After that subsection insert—

(4A) Subject to the provisions of this Part, any person who, intentionally or recklessly, disturbs or harasses any wild animal included in Schedule 5 as a— (a) dolphin, whale or porpoise (cetacea); or (b) basking shark (cetorhinus maximus), shall be guilty of an offence.

(7) After subsection (5) insert—

(5A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section (other than subsection (5)(b)) shall be guilty of an offence.

(8) In subsection (6), after “(5)(a)” insert “ or for an offence under subsection (5A) relating to an act which is mentioned in subsection (1), (2) or (5)(a) ”.

9

In section 10 (exceptions to offences against wild animals)—

(a) in subsection (3), in paragraph (c), for the words from “if” to the end substitute

(“an unlawful act”) if he shows— (i) that each of the conditions specified in subsection (3A) was satisfied in relation to the carrying out of the unlawful act, or (ii) that the unlawful act was carried out in relation to an animal bred and, at the time the act was carried out, lawfully held in captivity.

(b) after that subsection insert—

(3A) Those conditions are— (a) that the unlawful act was the incidental result of a lawful operation or other activity; (b) that the person who carried out the lawful operation or other activity— (i) took reasonable precautions for the purpose of avoiding carrying out the unlawful act; or (ii) did not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; and (c) that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent to the person, such steps as were reasonably practicable in the circumstances to minimise the damage or disturbance to the wild animal, or the damage or obstruction to the structure or place, in relation to which the unlawful act was carried out.

(6A) An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time unless he notified the Scottish Ministers as soon as reasonably practicable after that time that he had taken the action.

10

(1) Section 11 (prohibition of certain methods of killing or taking wild animals) is amended as follows.

(2) In subsection (1)(a)—

(a) after “position” insert “ or otherwise uses ”,

(b) for the words from “which” to the end of the paragraph substitute “ or a snare of any other type specified in an order made by the Scottish Ministers ”.

(3) After that paragraph insert—

(aa) sets in position or otherwise uses any other type of snare which is either of such a nature or so placed (or both) as to be calculated to cause unnecessary suffering to any animal coming into contact with it;

(4) In subsection (1)(b), for the words from “wild” to “aforesaid,” substitute “ animal ”.

(5) In subsection (2)(a), for “calculated” substitute “ likely ”.

(6) For subsection (3) substitute—

(3) Any person who sets a snare in position or who knowingly causes or permits a snare to be so set must, while it remains in position, inspect it or cause it to be inspected at least once every day at intervals of no more than 24 hours. (3A) Any person who, while carrying out such an inspection, finds an animal caught by the snare being inspected must, during the course of the inspection, release or remove the animal (whether live or dead). (3B) Subject to the provisions of this Part, any person who— (a) without reasonable excuse, contravenes subsection (3), or (b) contravenes subsection (3A), shall be guilty of an offence. (3C) Subject to the provisions of this Part, any person who— (a) is, without reasonable excuse, in possession of; or (b) sells, or offers or exposes for sale, a snare which is capable of operating as a self-locking snare or a snare of any other type specified in an order under subsection (1)(a) shall be guilty of an offence. (3D) Subject to the provisions of this Part, any person who, without reasonable excuse— (a) while on any land, has in his possession any snare without the authorisation of the owner or occupier of the land; or (b) sets any snare in position on any land without the authorisation of the owner or occupier of the land, shall be guilty of an offence. (3E) Subject to the provisions of this Part, any person who uses a snare otherwise than in accordance with such requirements as may be specified in an order made by the Scottish Ministers, or who knowingly causes or permits any other person to do so, shall be guilty of an offence.

(7) After subsection (4) insert—

(4A) The Scottish Ministers may by order specify— (a) criteria which articles of a type referred to in subsections (1) to (3E) must meet to be treated as articles of that type for the purposes of those subsections, (b) circumstances in which articles of that type are to be treated as having been set or used in a manner which constitutes an offence under those subsections.

(8) In subsection (5), for “(1)(b) or (c)” substitute “ (1)(c) ”.

Protection of plants: offences

11

(1) Section 13 (protection of wild plants) is amended as follows.

(2) In subsection (1)(a)—

(a) after “intentionally” insert “ or recklessly ”,

(b) after “destroys” insert

— (i)

(ii) any seed or spore attached to any such wild plant; or

(3) In subsection (1)(b), after “intentionally” insert “ or recklessly ”.

(4) In subsection (3), for the words from “if” to the end substitute

(“an unlawful act”) if he shows— (a) that the unlawful act was the incidental result of a lawful operation or other activity; (b) that the person who carried out the lawful operation or other activity— (i) took reasonable precautions for the purpose of avoiding carrying out the unlawful act; or (ii) did not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; and (c) that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent, such steps as were reasonably practicable in the circumstances to minimise the damage to the wild plant in relation to which the unlawful act was carried out.

(5) After that subsection insert—

(3A) Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section shall be guilty of an offence.

(6) In subsection (4), after “(2)(a)” insert “ or for an offence under subsection (3A) relating to an act which is mentioned in subsection (2)(a) ”.

Non-native species

12

In section 14 (prohibition on introducing new species)—

(a) in subsection (1)(b), for the words from “included” to “9” substitute “ a hybrid of any animal of that kind ”,

(b) after subsection (1) insert—

(1A) Subject to the provisions of this Part, if any person releases or allows to escape from captivity any animal which is— (a) included in Part I of Schedule 9; or (b) a hybrid of any animal included in that Part, he shall be guilty of an offence.

(i) after “is” insert —

(a)

(ii) after “9” insert

; or (b) a hybrid of any plant included in that Part

13

After section 14 insert—

(14A) (1) This section applies to— (a) any animal of a type mentioned in subsection (1) or (1A) of section 14 specified in an order made by the Scottish Ministers for the purposes of this section; and (b) any plant— (i) which does not ordinarily grow in Great Britain in a wild state or which is a hybrid of such a plant; or (ii) of a type mentioned in subsection (2) of section 14, specified in such an order. (2) Subject to the provisions of this Part, any person who— (a) sells, offers or exposes for sale or has in the person’s possession or transports for the purpose of sale any animal or plant to which this section applies; or (b) publishes or causes to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell, any such animal or plant, is guilty of an offence. (3) An order under subsection (1) may specify particular types of animals or plants— (a) subject to such exceptions; (b) only at such times of the year; (c) only in relation to such areas, as the order may specify. (14B) (1) The Scottish Ministers may issue guidance (or approve guidance issued by others) for the purpose of providing persons with recommendations, advice and information regarding— (a) any animal of a type mentioned in subsection (1) or (1A) of section 14, (b) any plant of a type mentioned in subsection (2) of that section or specified in an order under section 14A(1)(b)(i), and may issue revisions of any guidance issued by them (or approve revisions of guidance issued by others). (2) A person who fails to comply with any guidance issued or approved under subsection (1) is not by reason only of that failure liable in any criminal or civil proceedings. (3) But any such guidance is admissible in evidence in such proceedings and a court may take account of any failure to comply with it in determining any questions in the proceedings.

Miscellaneous

14

After section 15 insert—

(15A) (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), or (b) the Biocidal Products Regulations 2001 (S.I. 2001/880) or any regulations replacing those regulations. (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.

15

In section 16 (power to grant licences)—

(a) in subsection (2)(b), the words from “or,” to “egg”, where second occurring, are repealed,

(b) in subsection (3)—

(i) for “and (4)” substitute “ , (4) and (4A) ”,

(ii) for “and (2)” substitute “ , (2) and (3C)(a) ”,

(iii) in paragraph (a), after “scientific” insert “ , research ”,

(iv) in paragraph (c), after “conserving” insert “ wild birds, ”,

(v) after that paragraph insert—

(ca) for the purpose of conserving any area of natural habitat;

(d) after subsection (4) insert—

(4A) The appropriate authority shall not grant a licence under subsection (4) permitting anything to be done in contravention of section 6(1) or (2) unless it is satisfied that there is no other satisfactory solution.

16

In section 19 (enforcement)—

(a) in subsection (1)(b)—

(i) at beginning insert “ search for, ”,

(ii) for the words “have in his possession” substitute “ may have used, or may have or have had in his possession, ”,

(iii) after “found” insert “ in or ”,

(b) in subsection (2)—

(i) after “committing” insert “ or has committed ”,

(ii) for “dwelling-house” substitute “ dwelling or lockfast premises ”,

(i) for “information” substitute “ evidence ”,

(ii) for the words from “(with” to “premises” in the second place where it occurs substitute “ to enter those premises, if necessary using reasonable force, and search them ”,

(d) after subsection (3) insert—

(4) A warrant under subsection (3) 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. (5) A constable authorised by virtue of this section to enter any land must, if required to do so by the occupier or anyone acting on the occupier’s behalf, produce evidence of the constable’s authority. (6) A constable who enters any land in the exercise of a power conferred by this section— (a) may— (i) be accompanied by any other persons, and (ii) take any machinery, other equipment or materials on to the land, for the purpose of assisting the constable in the exercise of that power, (b) may take samples of any articles or substances found there and remove the samples from the land. (7) A power specified in subsection (6)(a) or (b) which is exercisable under a warrant is subject to the terms of the warrant. (8) A constable leaving any land which has been entered in exercise of a power conferred by subsection (2) or by a warrant under subsection (3), being either unoccupied land or land from which the occupier is temporarily absent, must leave it as effectively secured against unauthorised entry as the constable found it.

17

After section 19ZB (inserted, as respects England and Wales, by Schedule 12 to the Countryside and Rights of Way Act 2000 (c. 37)) insert—

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