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Nature Conservation (Scotland) Act 2004

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Part 1 — Biodiversity

Duty to further the conservation of biodiversity

1

Scottish Biodiversity Strategy

2

considered by the Scottish Ministers to be of principal importance for the purpose mentioned in section 1(1).

lay a report before the Scottish Parliament regarding the implementation of the strategy.

Part 2 — Conservation and enhancement of natural features

Chapter 1 — Sites of special scientific interest

Notification of sites of special scientific interest

Duty to give notification of sites of special scientific interest

3

Site management statements

4

review and, if it thinks fit, revise the site management statement.

Enlargement of sites of special scientific interest

5

Review of operations requiring consent

6

review the operations requiring consent specified in an SSSI notification.

except where the review is carried out under subsection (1)(b) and SNH has obtained the agreement of every owner and occupier of land within the site of special scientific interest.

SNH must amend the SSSI notification by giving notification of the amendment to every owner and occupier of land within the site of special scientific interest.

Addition or modification of operations requiring consent: urgent situations

7

Variation of SSSI notifications

8

Denotification of sites of special scientific interest

9

Notifications relating to sites of special scientific interest: procedure

10

Schedule 1 sets out procedure relating to notifications given under sections 3(1), 5(1) and 9(1).

Effect of SSSI notification

11

the SSSI notification has effect as amended by the modifications or, as the case may be, the notification given under section 5(1), 6(5), 7(3), 8(1) or 9(1).

Exercise of functions in relation to sites of special scientific interest

Exercise of functions by public bodies etc.

12

Operations affecting sites of special scientific interest

Operations by public bodies etc.

13

Operations by public bodies etc.: authorised operations

14

Consent by certain regulatory authorities

15

Operations by owners or occupiers of sites of special scientific interest

16

it must offer to enter into such an agreement on such terms and conditions (including provision for payment to the applicant by SNH) as, having regard to the guidance, it thinks fit.

Operations by owners or occupiers of sites of special scientific interest: authorised operations

17

Appeals in connection with operations requiring consent

18

may appeal to the Scottish Land Court.

SNH neither gives nor refuses the consent sought in the application, SNH is to be treated, for the purposes of this section, as having refused consent on the day on which the period expired and an appeal may be made and determined under this section accordingly.

SNH has not offered to enter into a management agreement in pursuance of section 16(9), SNH is to be treated, for the purposes of this section, as having decided not to so offer on the day on which the period expired and an appeal may be made and determined under this section accordingly.

Offences and byelaws

Offences in relation to sites of special scientific interest

19

is guilty of an offence.

Byelaws

20

Supplementary

Advisory Committee on sites of special scientific interest

21

SSSI register

22

as may be so required.

Chapter 2 — Nature conservation orders

Nature conservation orders

23

Amendment or revocation of nature conservation orders

24

Nature conservation orders and related orders: procedure

25

Schedule 2 sets out procedure relating to nature conservation orders, amending orders and revoking orders.

Review of nature conservation orders

26

Offences in relation to nature conservation orders

27

Reports

28

A report submitted by SNH under section 10(2) (annual report) of the Natural Heritage (Scotland) Act 1991 (c. 28) for any year must set out particulars of any land in relation to which a nature conservation order, amending order or revoking order has come into effect during that year.

Chapter 3 — Land management orders

Proposals for land management orders

29

SNH may propose to the Scottish Ministers that they make a land management order.

Power to make land management orders

30

Content of land management orders

31

Review of land management orders

32

Land management orders and related orders: procedure

33

Schedule 3 sets out procedure relating to land management orders and orders under section 32(3).

Appeals in connection with land management orders and related orders

34

may appeal to the Scottish Land Court.

Effect of land management orders

35

Offences in relation to land management orders

36

Enforcement of land management orders

37

Chapter 4 — General and supplementary

Ramsar sites

38

and the reference in subsection (1) to paragraph 1 of article 2 is, if necessary in consequence of any such further amendment or the coming into force of any instrument replacing that Convention, to be taken as referring to the appropriate successor provision.

Acquisition of land by SNH

39

all or any part of land of a description specified in subsection (2).

Restoration orders

40

the court by which the person is convicted may, in addition to dealing with the person in any other way, by order require the person to carry out, within such period as may be specified in the order, such operations for the purpose of restoring, so far as is reasonably practicable, the protected natural feature to its former condition as may be so specified.

Signs etc.

41

for the purpose of providing information to the public in relation to any land to which an SSSI notification, nature conservation order or land management order relates or in respect of which byelaws have been made under section 20(1).

is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Change of owner or occupier

42

as the case may be.

Powers of investigation etc.: police

43

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

Powers of entry: authorised persons

44

SNH: power to enforce

45

the court may make such order (whether for interdict or otherwise) as it considers appropriate.

Offences: penalties and time limits

46

Offences by bodies corporate etc.

47

the individual (as well as the body corporate, Scottish partnership or, as the case may be, unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

Notices, applications etc.

48

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

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.

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).

to the interested party, and

Transitional arrangements

49

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

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

Part 4 — Scottish Fossil Code

Scottish Fossil Code

52

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

Part 5 — General

Orders and regulations: general

53

Guidance

54

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

Crown application

55

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

Short title and commencement

59

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—

Content of notification

3

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

Confirmation or withdrawal of notification

4

SNH must, within—

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—

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—

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—

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—

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—

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—

Notification

3

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

4

The notice must—

Confirmation of nature conservation orders and amending orders

5

The Scottish Ministers must, within—

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—

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—

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—

2

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

3

A notification under paragraph 1 or 2 must—

4

Such representations may be made at any time—

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—

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—

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)—

12

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

13

Such a notice must specify—

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

Warrant for entry

2

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

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

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

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

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

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—

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—

4

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

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—

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—

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

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

Registers of notifications: transitory provisions

12

in relation to the SSSI notification, and

13

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

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

(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;

.

; 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.

,

(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).

(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.)—

4

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

5

(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.

6

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

7

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

; 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

; 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.

,

(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).

(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.

(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.

9

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

(“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.

,

(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

(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;

.

(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.

(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.

Protection of plants: offences

11

— (i)

,

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

.

(“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.

(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.

Non-native species

12

In section 14 (prohibition on introducing new species)—

(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.

,

(a)

,

; 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)—

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

,

(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)—

(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—

(19ZC) (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) 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 or 14A is being, or has been, committed on those premises; (e) any premises for the purpose of verifying any statement or representation which has been made by an occupier, or any document or information which has been furnished by the occupier, and which the occupier made or furnished— (i) for the purposes of obtaining (whether for the occupier or another person) a relevant registration or licence; or (ii) in connection with a relevant registration or licence held by the occupier. (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), 13(2), 14 or 14A 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— 1. a registration in accordance with regulations under section 7(1); or 2. a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), 13(2), 14 or 14A; - “specimen” means any bird, other animal or plant or any part of, or anything derived from, a bird, other animal or plant. (19ZD) (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), 13(2), 14 or 14A 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), 13(2), 14 or 14A 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.

18

In section 20(2) (summary prosecutions)—

19

In section 21 (penalties etc.)—

(4A) A person guilty of an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by subsection (3)(d) of that section 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.

,

20

In section 22 (power to vary Schedules)—

— (a)

,

(2A) Before making an order under subsection (1) the Scottish Ministers shall consult Scottish Natural Heritage.

,

21

In section 26 (procedure for orders)—

22

After section 26 insert—

(26A) 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 as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/EC 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.

23

(2A) An animal shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully held in captivity— (a) where the animal is of a viviparous species, when it was born, (b) where the animal is of an oviparous species, when the egg was laid.

(3ZA) Any reference in this Part to a plant which is growing— (a) includes a reference to a bulb, corm or rhizome; (b) does not include a reference to a seed or spore.

24

Before Schedule 1 insert—

Schedule A1

Common name Scientific name
Eagle, White-tailed Haliaetus albicilla

.

25

After Schedule 1 insert—

Schedule 1A

Common name Scientific name
Eagle, White-tailed Haliaetus albicilla

.

Protection of Badgers Act 1992 (c. 51)

26

(2) A person is guilty of an offence if, except as permitted by or under this Act, he knowingly causes or permits to be done an act which is made unlawful by subsection (1) above.

(11) (1) A constable who suspects with reasonable cause that any person is committing or has committed an offence under this Act 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 for, search or examine any thing which that person may then be using or may have used, or may have or have had in the person’s possession, if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found in or on that thing; (c) arrest that person; (d) seize and detain for the purposes of proceedings under this Act any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 12(4) below. (2) A constable who suspects with reasonable cause that any person is committing or has committed an offence under this Act may, for the purpose of exercising the powers conferred by subsection (1) above, enter any land other than a dwelling or lockfast premises. (3) If a sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for suspecting that an offence under this Act has been committed and that evidence of the offence may be found on any premises, the sheriff or justice may grant a warrant authorising a constable to enter those premises, if necessary using reasonable force, and search them for the purposes of obtaining that evidence. (4) A warrant under subsection (3) above 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) above 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) above or by a warrant under subsection (3) above, 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.

(11A) (1) A person who attempts to commit an offence under this Act is guilty of the offence and is liable to be proceeded against and punished accordingly. (2) A person who is in possession, for the purposes of committing an offence under this Act, of anything capable of being used for committing the offence is guilty of the offence and is liable to be proceeded against and punished accordingly. (3) If, in any proceedings for an offence under section 1(1) above consisting of an attempt to kill, injure or take a badger, there is evidence from which it could reasonably be concluded that at the material time the accused was attempting to kill, injure or take a badger, he shall be presumed to have been attempting to kill, injure or take a badger unless the contrary is shown.

(1A) A person guilty of an offence under section 2(1)(a) to (c), 3(1)(d) or 4 above or under section 3(2) above (in relation to an act made unlawful by section 3(1)(d) above) is liable— (a) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both, (b) on conviction on indictment to imprisonment for a term not exceeding three years or to a fine or both.

,

(12A) (1) Summary proceedings for an offence under section 1(1), 2, 3, 5 or 10(8) of this Act may, subject to subsection (2) below, be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge. (2) No such proceedings may be brought more than 3 years— (a) after the commission of the offence, or (b) in the case of a continuous contravention, after the last date on which the offence was committed. (3) A certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the prosecutor’s knowledge is conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (12B) (1) Where an offence under this Act committed— (a) by a body corporate, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who— (i) is a director, manager or secretary of the body corporate, or (ii) purports to act in any such capacity, (b) by a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who— (i) is a partner, or (ii) purports to act in that capacity, (c) by an unincorporated association other than a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who— (i) is concerned in the management or control of the association, or (ii) purports to act in the capacity of a person so concerned, the individual (as well as the body corporate, Scottish partnership or, as the case may be, unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (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 Act is to be recovered by civil diligence in accordance with section 221 of the Criminal Procedure (Scotland) Act 1995 (c. 46).

SCHEDULE 7

Harbours Act 1964 (c. 40)

1

In Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders), in paragraph 1 (interpretation)—

(a) land within a site of special scientific interest; (b) land in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect;

,

Forestry Act 1967 (c. 10)

2

; or (c) for the purpose of conserving or enhancing the flora, fauna or geological or physiographical features, or the natural beauty or amenity, of any land.

Conservation of Seals Act 1970 (c. 30)

3

In section 10 of the Conservation of Seals Act 1970 (power to grant licences to kill or take seals), in subsection (4)—

(b) is a site of special scientific interest; (c) is an area in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect; or

,

Wildlife and Countryside Act 1981 (c. 69)

4

Sections 28 to 34, 41, 50, 51 and 74(5A) of, and Schedule 11 to, the 1981 Act are repealed.

Road Traffic Regulation Act 1984 (c. 27)

5

In section 22(1)(b) (traffic regulation for special areas in the countryside) of the Road Traffic Regulation Act 1984, sub-paragraph (iii) is repealed.

Channel Tunnel Act 1987 (c. 53)

6

Section 9(7) of the Channel Tunnel Act 1987 is repealed.

Environmental Protection Act 1990 (c. 43)

7

In section 36(7) (requirement to consult SNH before issuing waste management licence) of the Environmental Protection Act 1990, for the words from “land”, where it second occurs, to “areas)” substitute “ within a site of special scientific interest or any area in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect ”.

Natural Heritage (Scotland) Act 1991 (c. 28)

8

Sections 6 (Natural Heritage Areas) and 12 (Advisory Committee on SIs) of the Natural Heritage (Scotland) Act 1991 are repealed.

Scottish Land Court Act 1993 (c. 45)

9

In section 1(7) (determination by Court of Session of point of law) of the Scottish Land Court Act 1993, after “enactment” there is inserted “ , or under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6), ”.

Environment Act 1995 (c. 25)

10

Deer (Scotland) Act 1996 (c. 58)

11

In schedule 3 (penalties for offences relating to deer) to the Deer (Scotland) Act 1996, after the entry for section 17(2) insert—

17(3) Killing or injuring deer otherwise than by shooting a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both

.

Town and Country Planning (Scotland) Act 1997 (c. 8)

12

(d) land in a site of special scientific interest; (e) land in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect;

.

Water Industry (Scotland) Act 2002 (asp 3)

13

In section 54 (protection of natural heritage) of the Water Industry (Scotland) Act 2002—

are repealed,

Duty to further the conservation of biodiversity

Duty to give notification of sites of special scientific interest

Protection of wildlife

Scottish Fossil Code

Orders and regulations: general

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

Protection of animals: offences

Appeals in connection with operations requiring consent

Miscellaneous

Editorial notes

[^key-5d30e550d672e9b8b4f19ec874eb78c3]: S. 15(2) in force at 1.10.2004 by S.S.I. 2004/407, art. 2(a)

[^key-7caa1fc885fc82b04d6c5f4286274817]: S. 50 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-e1d440dc886b500c93cb3c45993284bf]: Sch. 6 para. 1 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-780f99b00cec29ba85f9c30d0b3a76c8]: Sch. 6 para. 2 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-5dd96e4399f9529313f14f008221aebd]: Sch. 6 para. 3 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-d68a4b5506261dc2c7932d7780646f86]: Sch. 6 para. 4 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-96e282ff2cf3fb3f631e34f2aa53db70]: Sch. 6 para. 5 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-93d09027e6f89fbb8e1ddc6c15edaacf]: Sch. 6 para. 6 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-4d7ec5d3c022e8fa90b76184732a7cb1]: Sch. 6 para. 7 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-dcaf9f343e2b9b06472e52f104a5955f]: Sch. 6 para. 8 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-b2ac3647b25001c66c8b0521553ef6a2]: Sch. 6 para. 9 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-b4948d9543d5409327e8b41d52b54180]: Sch. 6 para. 10 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-5ae06fdf33e0610f3b6e1fab92c7192e]: Sch. 6 para. 11 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-1b4b7ca89537faf1cc296eee7c76837b]: Sch. 6 para. 12 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-d0ac4e6b261a8f3588cebfa98eb891c7]: Sch. 6 para. 13 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-e197d6e5046b0be987102deb47b1a852]: Sch. 6 para. 14 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-9f8c902f5a06fa51992a65dd178b8905]: Sch. 6 para. 15 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-c51abdf8f27bc85b19070c49069c6876]: Sch. 6 para. 16 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-d73c60737fe409bcd71b9f39a93ed66e]: Sch. 6 para. 17 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-795d298a359f9b994de3c0dfd4fcafe1]: Sch. 6 para. 18 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-6b1d8ba8e58a271b921cb6f733d1ba48]: Sch. 6 para. 19 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-56f5c9791c805fc70c483217405c5ae1]: Sch. 6 para. 20 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-0053ea60651f84b8d629bf14f78b1c8c]: Sch. 6 para. 21 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-9fa7879c6d60a0d60363f626fc5b6ec8]: Sch. 6 para. 22 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-a132af2f8f2f0fb30d7dcb80cebb399a]: Sch. 6 para. 23 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-570c155b518a71a4b8cf40bb15dd610a]: Sch. 6 para. 24 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-8be0f601624db3039fd1008ee33ab5c7]: Sch. 6 para. 25 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-2b0f31b7b128aa5f83725f2c79296e5a]: Sch. 6 para. 26 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(b)

[^key-f6870df22eca0d264e2f91a630e11d7b]: S. 51 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(c)

[^key-d725f30e3276ed10d1d7931f9ddb601a]: S. 54 in force at 1.10.2004 by S.S.I. 2004/407, art. 2(d)

[^key-99b362b56cc9ba95cdfacfa5fb68b659]: Pt. 2 Ch. 3 applied (with modifications) by S.I. 1994/2716, regs. 19, 21 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))

[^key-ead0d4685f72033f34d8b45402895718]: S. 39 applied (with modifications) by by S.I. 1994/2716, regs. 19, 22 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))

[^key-a5e6633aa6281eb418847a6ad92fedc4]: S. 40 applied (with modifications) by S.I. 1994/2716, regs. 19, 22 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))

[^key-720370fad83818aded141fe9b46f4078]: S. 41 applied (with modifications) by S.I. 1994/2716, regs. 19, 22 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))

[^key-21d6fdf9a13a50cd286e1e7ebb6a07d7]: S. 43 applied (with modifications) by S.I. 1994/2716, regs. 19, 22 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))

[^key-9fd4ec117093642f772910a6e3559e66]: S. 44 applied (with modifications) by S.I. 1994/2716, regs. 19, 22 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))

[^key-1ceb3356715b8d28efb1cabaeb9ff374]: S. 46 applied (with modifications) by S.I. 1994/2716, regs. 19, 22 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))

[^key-40ee0def5e426d4a04ce4b11e4823d9f]: Sch. 2 applied (with modifications) by SI 1994/2716 reg. 19 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))

[^key-350c507e81c9986c0576bc02b57ecbe4]: Sch. 3 applied (with modifications) by SI 1994/2716 reg. 19 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))

[^key-a84c3442d284db127c6448b3c445847b]: Sch. 5 para. 4 applied (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 20(5) (with regs. 20-21)

[^key-2838d4fb888bdc1c60a66c1b20ca4a33]: S. 6(2) excluded (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 20(6) (with regs. 20-21)

[^key-e6cc47916cc2ca303f987cd5c6ba0ce3]: Sch. 5 para. 11(3) applied (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 21(2) (with regs. 20-21)

[^key-c89b97aa44277abb8e1c989c71b4c2c3]: S. 1 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-f9b593ee7842de033dd66b4f8659a2ec]: S. 2 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-4b31de5a3c606c26ebab8dd4ddc9c1c7]: S. 3 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-cef9d7c867e7f7f21098fba42a44cc95]: S. 4 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-024a81e2faed1e1dfbc09c96ae78d5d0]: S. 5 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-05982f25303e13f636a9ae4bebbfec42]: S. 6 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-d90e7b38007b04199bb81bc2dc22eadb]: S. 7 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-0867462f8332a8a50e0825a83719bf53]: S. 8 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-00c5eca597b8073a4f162cba1fafcce7]: S. 9 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-6cca06dfd12f952853ad8072a7726e80]: S. 10 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-9a1f64790f58969d5a872bc443c9dea5]: S. 11 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-ab5a135d0fea97153b68682dcf9b7f1a]: S. 12 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-73c7e25cc1f9d90e5ee65a22750b4f2b]: S. 13 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-71671e6fb0c371db9abc862ab13e14c6]: S. 14 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-cc722e80978b9020c9a5424cef0c2edd]: S. 15(1) s. 15(3)-(10) in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-ce7197ee2ef5676f3d7e4a89ad4990b2]: S. 16 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-6bea3272acb1d50d15afc42833b1f599]: S. 17 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-d60642a949a0f9dc5b3e6a65e17e9e8b]: S. 18 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-f1ae87a14b23f8c26fefd41e2fb60473]: S. 19 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-765bd6a4431545a34eadf73e26a12d31]: S. 20 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-4afbc3ea670d1ad2c6e9b71bbeaaaf7d]: S. 21 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-c8793a6160bf3a19e932dd3200c1ba4e]: S. 23 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-062b844bc78681eca92d9444ec946b99]: S. 24 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-5fac00a6c82ed2c8b1baabc57bbe37d7]: S. 25 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-42d479deb382a753ace9ae6a50dcfd27]: S. 26 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-32dfc7df9b31370b2e26f1c3a3129a1d]: S. 27 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-30c18578ae0ca691d81b1e8e7d2289b0]: S. 28 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-c85c29f5c02b386702274bc63ede3f4a]: S. 29 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-ead6cb6542d0862df552562fae455cd8]: S. 30 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-6dfd73ec7eb5818e9ab510f486023418]: S. 31 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-630d5c2c5fe1ad5c0091dd5de1890f54]: S. 32 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-50315e6fa7b458dd09588059424d0084]: S. 33 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-9af09a4f50b87b2758bd98440962fab5]: S. 34 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-90fec703ac3c2bf82c6403a6054bd6b5]: S. 35 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-9b3b2bf36afaff144e942fe045e725ba]: S. 36 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-b8ec7e6e047b8746edb8b2a0f7e51d9b]: S. 37 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-be4e12e8499b21893e1f025e03a0709f]: S. 38 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-254d54933031d4be7c17e73ed36f5ad9]: S. 39 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-404f6b713a3c6fe9f21c0b27c7e63c27]: S. 40 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-d03857e1044f9091d35095bccaf0f1df]: S. 41 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-89d2934b93fc914ad3d515887251a065]: S. 42 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-6010b68f83d4e5d2908e52abf3f94164]: S. 43 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-557c0cc141609b45a4472aeb94fd5876]: S. 44 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-0b3ac7c89f3833106dbded3385175773]: S. 45 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-f705988aa61fbd5341d928cf88a12782]: S. 46 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-eccb29ea8d4ec26a936964d6d9ecde19]: S. 47 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-ce7d7b30798dd5f5ac4f6475bda52dd7]: S. 48 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-5389977141ef74e796ac5bdad846fecc]: S. 49 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-e7a26f9027a0b7f834e87c28c079df50]: S. 52 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-57587468f3dcd46ff7d09f4aae8ed2ed]: S. 55 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-6d50a0992842163bc34d6931948dbebe]: S. 57 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-f8a1e0ced1808c8b01e938c2ff5b260b]: S. 58 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-1c0a70bef4853c81c81b0858d1b2a24b]: Sch. 1 para. 1 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-1bf225f2d6415ddc6af20c00127e290d]: Sch. 1 para. 2 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-725ed1552d7872cd7faa0344a718bf8e]: Sch. 1 para. 3 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-6e9cde6e288f24e48eb650b22add3378]: Sch. 1 para. 4 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-8c3f03adfe633fd7595ee15e60f92519]: Sch. 1 para. 5 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-47bca6e024c0bcc35e13609124448716]: Sch. 1 para. 6 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-4fb2f3ea3d50f92018e8c0d2146c76d3]: Sch. 1 para. 7 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-dfa7312ccb692f0347e90753277f2c46]: Sch. 1 para. 8 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-fcc53d88da542223722a9c2b4225586c]: Sch. 1 para. 9 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-327a717856a7f58bf6d7a29c1da5a776]: Sch. 1 para. 10 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-d7873fafe199a34ce2019efbb7f57a19]: Sch. 1 para. 11 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-3f4e86f46cd5522ea130e1fbb117f3bf]: Sch. 1 para. 12 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-52e0c3dd5a215cea774a7ec8f27723c3]: Sch. 1 para. 13 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-5b8f1eba5b1ae6114f37dcc7c078a4db]: Sch. 1 para. 14 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-456db981cd8414cf5237ff03cf4462cf]: Sch. 1 para. 15 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-5fa33d2312f659cd9f8ff1d4c3289b0e]: Sch. 2 para. 1 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-4b3cc9b36c5910c5e50112d8d9341f8c]: Sch. 2 para. 2 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-4a74ea5743cadee7b6c48a024261b91c]: Sch. 2 para. 3 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-486e7c2552d92ecf382ee069bbbf77d4]: Sch. 2 para. 4 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-37d07bc3b31b7447c01cd5fd7c4e5228]: Sch. 2 para. 5 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-9f37dcb9de914e4a547d4350cf20b3b3]: Sch. 2 para. 6 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-ef705b3993dc9e8f4dfcd1c3cbef5fb4]: Sch. 2 para. 7 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-af803caf62da860a92fb7e6643c6234d]: Sch. 2 para. 8 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-f14122bc46378cc54980f9d2a2dc22f7]: Sch. 2 para. 9 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-2ea288144d4182a2f2856039685429eb]: Sch. 2 para. 10 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-7c84dfe677630f47605ab86cc19b6801]: Sch. 2 para. 11 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-36485c3fe57f27c9c7aa48ed05c9e233]: Sch. 2 para. 12 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-6f90c601d893e4ddd578ea861dae297d]: Sch. 2 para. 13 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-bd65fc72f9e44c3f7b373a8fe084f01b]: Sch. 2 para. 14 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-ec58bcb00b45cc614957b658246d847d]: Sch. 2 para. 15 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-158e626ab49d5da790e174850edc6d9b]: Sch. 3 para. 1 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-4082f871c8ae58cf04007570dd9e1ffe]: Sch. 3 para. 2 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-19fdf5c4947383b37d15164a1cfa39b6]: Sch. 3 para. 3 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-9f54ccdd80fdbeec581553b0bb707af5]: Sch. 3 para. 4 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-8376229d85eb872f73a786812a82e4f1]: Sch. 3 para. 5 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-f0f887c798064633edaf6d0f35e1b4c0]: Sch. 3 para. 6 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-efea2bcf542fd4e90326539a05432627]: Sch. 3 para. 7 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-492a4251700fc847ac72f07ed38c993f]: Sch. 3 para. 8 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-77c1420f43feba04cd945b8e0c06e367]: Sch. 3 para. 9 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-c999d97442577b1c5ccbd9c9abea0da9]: Sch. 3 para. 10 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-1cf7efcdd9e5994e684cb4c878e8fee2]: Sch. 3 para. 11 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-844fee86a480ebdc9c0e00aa431721d9]: Sch. 3 para. 12 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-2b4f6b79891502608481788cd44cffc4]: Sch. 3 para. 13 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-00bd6b3cb91ae10568fe302423996ade]: Sch. 3 para. 14 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-c55663804339b7bc3ecc7df4b0442057]: Sch. 4 para. 1 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-c79e333cc0119dfc93f8f63e7aa63abc]: Sch. 4 para. 2 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-fb23e53b3c1eaba787a34d85316cb265]: Sch. 4 para. 3 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-f2322b9ed0e861a9963ca9c0ec599833]: Sch. 4 para. 4 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-cfb694c467e747598ac4d8a8ba2deb09]: Sch. 4 para. 5 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-569ea896a02918d1d77b4bf9acd8d4d4]: Sch. 4 para. 6 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-ccc1ac9d2611db45aee1aebc11e73e79]: Sch. 5 para. 1 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-068b116b1dfdc827a9a3a1eafe437971]: Sch. 5 para. 2 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-8531d4f590bbf2a0c1ab03e923650b04]: Sch. 5 para. 3 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-5e310c16059fcf2ffbc85cb49da73246]: Sch. 5 para. 4 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-1498f20fceb889c15ce2283020725582]: Sch. 5 para. 5 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-ff68d8bcaffc70ee17c71dd3bb67a019]: Sch. 5 para. 6 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-55a8a382d8168b58e0d7eade1793a007]: Sch. 5 para. 7 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-a66a3dce9d44937f4bfb907192ab3a04]: Sch. 5 para. 8 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-a1785a913ddccd4ebc4d45dc825b0c70]: Sch. 5 para. 9 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-b93c67aae9021c617f797ee2568adc4c]: Sch. 5 para. 10 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-85cff933b14acffcd03f0a245e346403]: Sch. 5 para. 11 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-8f6119481e7721b4fc5fd50f74c0da79]: Sch. 5 para. 12 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-3e401fbf09cd55a18e9225fab8175c19]: Sch. 5 para. 13 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-160e6af70930cf399347b5a92801e6fa]: Sch. 7 para. 1 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-0abc657ca52f5fcec30d848967186406]: Sch. 7 para. 2 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-e8166ed12b57519c8903ced66739b38d]: Sch. 7 para. 3 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-e54badb1277ea0ade97b540d54bf247a]: Sch. 7 para. 4 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-99af2909d26e5881d17f800fc53ecfea]: Sch. 7 para. 5 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-75393b84bee58174da3185afa790c264]: Sch. 7 para. 6 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-574a881b6941e3aa8775eca48867262e]: Sch. 7 para. 7 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-dd030e29a59ec8b8a22c7a201d5cd237]: Sch. 7 para. 8 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-f290709b166ed813430086d2c37d5a08]: Sch. 7 para. 9 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-9ebfe6c003a027691d22f8494d5e2429]: Sch. 7 para. 10 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-e77a55d4c9eaf3f3d9c2fde1628163fd]: Sch. 7 para. 11 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-5f58766fc8170b83b9450401e26b5fd0]: Sch. 7 para. 12 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-1edd1c804ff2de7b20279a32c8af56c0]: Sch. 7 para. 13 in force at 29.11.2004 by S.S.I. 2004/495, art. 2

[^key-bf84307faf963e0b470a9a862453eeef]: S. 22(3) in force at 2.6.2008 by S.S.I. 2008/193, art. 2(a)

[^key-af85cd1688a8cbae199f0f3e0fd0dc48]: S. 22(1)(2) in force at 30.6.2008 by S.S.I. 2008/193, art. 2(b)

[^key-46bea26bfe60d1d7b7572d2e823b3c5c]: S. 1 modified (31.10.2009) by Climate Change (Scotland) Act 2009 (asp 12), ss. 59(4), 100(2) (with s. 95); S.S.I. 2009/341, art. 2(2)(a)

[^key-7c1cc2354c36b94824fc8967e730972b]: S. 21(1) transfer of functions (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 2(1)(2)134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-2be916949732d4f360b3cafd31c39797]: Words in s. 21 substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(c), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-a5056dea760ec600bcf1471d2f032221]: S. 21(8)(a)(b) substituted for (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(b), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-8ebff75395069f8b234ec56cccd540c3]: S. 21(1)-(5) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(a), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-ec374c6f2c077f22536ed6fb8a0a823e]: Words in s. 58(1) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(d), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-57c5c332d2c66454668276e0e2e8cdcf]: Words in Sch. 1 para. 9 substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(e)(ii), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-4be005cd535c05a2cfd20e2b383e9b92]: Words in Sch. 1 para. 9(b) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(e)(i), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-4fb77bf1e66a510fbb8d0e2994ec6224]: Sch. 1 para. 11 repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(e)(iv), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-f53e235820539e8c20002332135cc1ce]: Words in Sch. 1 para. 12(a) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(3)(e)(v), 134(7); S.S.I. 2010/221, art. 3(2), Sch.

[^key-fcc0ed91bb08fac0f00b7dfeb13e7f12]: Pt. 2 Ch. 2 applied (with modifications) by S.I. 1994/2716, regs. 19, 20 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21)) (as amended (6.4.2011) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011 (S.S.I. 2011/155), regs. 1(1), 5)

[^key-287fcda0af408ccafef438e2c1e9ca56]: Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3)4(2)6(4)6(5))

[^key-8d8b7e82a5c4e77d3be64d3dbbeae5e5]: S. 5A inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 37(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(n)

[^key-bcaa12f96d13bad715ee638218a37e6c]: S. 20A and cross-heading inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)

[^key-6094a2ceee638cb35a54988dca45e8c1]: Words in s. 13(1) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-aaf4eee621732956cc474db1581e1a79]: S. 14(1)(ca) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-8ad48fd5e6424de53f47ff0351bea0ab]: Word in s. 14(1) repealed (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-e49987e6d06244ce358e9c8c76aa4e8f]: S. 14(1)(f) and word inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-f0a4167c1dc07d95e4092e03c1c91f82]: S. 14(1)(aa) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)

[^key-4d1201e1a1ab90edfba10cc1ce0f1f39]: Words in s. 14(2) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-75d9a0a5675850045c96d3a3820b2477]: Words in s. 14(3)(a)(i) substituted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(c)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-4df1cdf92a97a0be4f1fe3f4c2b5b6dc]: Words in s. 14(3)(b) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(c)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-e193b322d070c65c35e665252c585a7e]: Words in s. 14(3)(c) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(c)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-f1b9e9a2d10c7740ae303158f8670806]: Words in s. 14(4)(a) substituted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(3)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-b262d9bcc85d74d78d654b0522d13df8]: S. 9(5)(6) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 38, 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(o)

[^key-7343a9b8983b40c2ed8e0dcbe48d9e1c]: S. 17(1)(ca) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-fc4bdda381cb0f6bcc47bdffc645c58f]: Word in s. 17(1) repealed (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-ca102a92362248a35da6da2024fd1ffd]: S. 17(1)(f) and word inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(a)(iii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-22adce45a17575ce542bdbd2665683c6]: S. 17(1)(aa) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(c), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)

[^key-a3d1fd73e9dd6f0982a767f37dacfe29]: Words in s. 17(4) substituted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 39(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(p)

[^key-fadef72a6555704a1dbce28c17403d44]: S. 44(1)(ba)(bb) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)

[^key-ddb2dfbfd2d6418e808c0845bd9caabe]: Word in s. 48(11)(a) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 37(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(n)

[^key-b3cb8ff269ef5014a62bcb11c36efa96]: Words in s. 58(1) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 37(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(n)

[^key-ca8ad3093c9957045a3aac1b92d51a53]: Words in s. 58(1) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 37(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(n)

[^key-55d435d3b695376a96a5306fd29485e3]: Words in Sch. 4 para. 1(1)(b) substituted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(1)(e), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)

[^key-1ba183a40a24212cc6a982a67a65731f]: Words in s. 58(1) substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), Sch. 1 para. 58

[^key-e30636eb118993803bdea5c77fd1556f]: S. 2A inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 36, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(h)

[^key-c3ba560b3b8f0a16e42a43f20181ca7a]: S. 55(10A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 34(b)

[^key-8674a6b7b9d14aa553108f2efeeac894]: Words in s. 55(10)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 34(a)

Confirmation of nature conservation orders and amending orders

Notification of proposals for land management order

Protection of animals: offences

Non-native species

Miscellaneous

5A

Addition or modification of operations requiring consent: urgent situations

Effect of SSSI notification

Operations by public bodies etc.: authorised operations

Operations by owners or occupiers of sites of special scientific interest

Restoration notices

20A

Representations to SNH on sites of special scientific interest

Representations to SNH on sites of special scientific interest

Protection of wildlife

Offences in relation to sites of special scientific interest

Orders and regulations: general

Short title and commencement

Short title and commencement

Notice of decision to confirm or withdraw

Notification

Extension of period

Protection of animals: offences

Notifications under the 1949 Act

Miscellaneous

Appeals in connection with operations requiring consent

Transitional arrangements

Operations by owners or occupiers of sites of special scientific interest

Scottish Fossil Code

Orders and regulations: general

Notifications under the 1981 Act

Protection of animals: offences

Non-native species

Miscellaneous

Scottish Biodiversity Strategy

2A

Addition or modification of operations requiring consent: urgent situations

Effect of SSSI notification

Operations by public bodies etc.: authorised operations

SSSI register

Protection of wildlife

Confirmation or withdrawal of notification

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

Confirmation of nature conservation orders and amending orders

Notification of proposals for land management order

Protection of animals: offences

Non-native species

Miscellaneous