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Wildlife and Natural Environment (Scotland) Act 2011

11 versions · 2011-04-07

2013-04-01

Wildlife and Natural Environment (Scotland) Act 2011

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2012-11-22

Wildlife and Natural Environment (Scotland) Act 2011

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2012-07-02

Wildlife and Natural Environment (Scotland) Act 2011

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2012-05-01

Wildlife and Natural Environment (Scotland) Act 2011

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2012-04-01

Wildlife and Natural Environment (Scotland) Act 2011

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2012-01-02

Wildlife and Natural Environment (Scotland) Act 2011

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2012-01-01

Wildlife and Natural Environment (Scotland) Act 2011

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2011-12-26

Wildlife and Natural Environment (Scotland) Act 2011

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2011-08-01

Wildlife and Natural Environment (Scotland) Act 2011

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2011-06-29

Wildlife and Natural Environment (Scotland) Act 2011

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Changes on 2011-06-29

@@ -8,15 +8,15 @@

In this Act—

- “the 1946 Act” means the Hill Farming Act [1946 (c.73)](https://www.legislation.gov.uk/ukpga/1946/73),

- “the 1981 Act” means the Wildlife and Countryside Act [1981 (c.69)](https://www.legislation.gov.uk/ukpga/1981/69),

- “the 1992 Act” means the Protection of Badgers Act [1992 (c.51)](https://www.legislation.gov.uk/ukpga/1992/51),

- “the 1996 Act” means the Deer (Scotland) Act [1996 (c.58)](https://www.legislation.gov.uk/ukpga/1996/58),

- “the 2004 Act” means the Nature Conservation (Scotland) Act [2004 (asp 6)](https://www.legislation.gov.uk/asp/2004/6).

- “*the 1946 Act*” means the Hill Farming Act 1946 (c.73),

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

- “*the 1992 Act*” means the Protection of Badgers Act 1992 (c.51),

- “*the 1996 Act*” means the Deer (Scotland) Act 1996 (c.58),

- “*the 2004 Act*” means the Nature Conservation (Scotland) Act 2004 (asp 6).

## Part 2 — Wildlife under the 1981 Act

@@ -32,13 +32,13 @@

- (b) in the definition of “wild bird”, the words “or, except in sections 5 and 16, any game bird” are repealed.

#### Protection of game birds etc. and prevention of poaching

#### Wild hares, rabbits etc.: power to vary Schedules to the 1981 Act and prescribe close seasons

##### 3

- (1) The 1981 Act is amended as follows.

- (2) In the italic heading before section 1 (protection of wild birds, their nests and eggs), at the end add “and prevention of poaching”.

- (2) In the italic heading before section 1 (protection of wild birds, their nests and eggs), at the end add “ and prevention of poaching ”.

- (3) In that section, for subsection (6) (“wild birds” in section 1 does not include birds shown to have been bred in captivity), substitute—

@@ -50,9 +50,9 @@

- (4) In section 2 (exceptions to section 1)—

- (a) in the title, at the end add “: acts by certain persons outside close season”,

- (b) in subsection (1), after “this section,” insert “where subsection (1A) applies”,

- (a) in the title, at the end add “ : acts by certain persons outside close season ”,

- (b) in subsection (1), after “this section,” insert “ where subsection (1A) applies ”,

- (c) after that subsection insert—

@@ -66,7 +66,7 @@

- (d) in subsection (3), after “Christmas Day” insert “in relation to those birds included in Part I of Schedule 2 which are also included in Part IA of that Schedule”,

- (d) in subsection (3), after “Christmas Day” insert “ in relation to those birds included in Part I of Schedule 2 which are also included in Part IA of that Schedule ”,

- (e) after subsection (3), insert—

@@ -106,11 +106,11 @@

- (g) in subsection (7)—

- (i) for “a person” substitute “such persons”,

- (ii) at the end add “as he considers appropriate”.

- (5) In section 5(5) (use of cage traps or nets for breeding purposes), for “game bird” substitute “grouse, mallard, partridge or pheasant included in Part I of Schedule 2”.

- (i) for “a person” substitute “ such persons ”,

- (ii) at the end add “ as he considers appropriate ”.

- (5) In section 5(5) (use of cage traps or nets for breeding purposes), for “game bird” substitute “ grouse, mallard, partridge or pheasant included in Part I of Schedule 2 ”.

- (6) In section 26 (regulations, orders, notices etc.)—

@@ -123,7 +123,7 @@

- (ii) for “and” substitute “or”,

- (ii) for “and” substitute “ or ”,

- (iii) after “11(4)” insert

@@ -176,7 +176,7 @@

- (8) In Schedule 2, after Part I insert—

| **Common name** | **Scientific name** |

| ***Common name*** | ***Scientific name*** |

| --- | --- |

| Coot | Fulica atra |

| Duck, Tufted | Aythya fuligula |

@@ -208,7 +208,7 @@

- (3) In section 4 (exceptions to sections 1 and 3)—

- (a) for the title, substitute “Further exceptions to s. 1”,

- (a) for the title, substitute “ Further exceptions to s. 1 ”,

- (b) in subsection (1) the words “or in any order made under section 3” are repealed,

@@ -218,7 +218,7 @@

- (a) in subsection (1) the words “and orders under section 3” are repealed,

- (b) in subsection (2) for “and orders under section 3 do” substitute “does”.

- (b) in subsection (2) for “and orders under section 3 do” substitute “ does ”.

- (5) In section 26 (regulations, orders, notices etc.)—

@@ -234,9 +234,9 @@

- (2) In section 2—

- (a) in subsection (4) (close seasons), for “this section and section 1” substitute “section 1, this section and section 6”,

- (b) in subsection (6) (period of special protection forms part of close season), for “this section and section 1” substitute “section 1, this section and section 6”.

- (a) in subsection (4) (close seasons), for “this section and section 1” substitute “ section 1, this section and section 6 ”,

- (b) in subsection (6) (period of special protection forms part of close season), for “this section and section 1” substitute “ section 1, this section and section 6 ”.

- (3) In section 6 (sale etc. of live or dead wild birds, eggs etc.)—

@@ -271,9 +271,9 @@

- (c) in subsection (2)(a)—

- (i) after “Part II” insert “, IIA”,

- (ii) after “Schedule 3” insert “(see also subsections (5B) and (6))”,

- (i) after “Part II” insert “ , IIA ”,

- (ii) after “Schedule 3” insert “ (see also subsections (5B) and (6)) ”,

- (d) for subsection (5) substitute—

@@ -301,7 +301,7 @@

- (a) after Part I insert—

| **Common name** | **Scientific name** |

| ***Common name*** | ***Scientific name*** |

| --- | --- |

| Grouse, Red | Lagopus lagopus scoticus |

| Mallard | Anas platyrhynchos |

@@ -313,9 +313,9 @@

- (b) after Part II insert—

| **Common name** | **Scientific name** |

| ***Common name*** | ***Scientific name*** |

| --- | --- |

| Coot | Fulica atra |

| **Coot** | **Fulica atra** |

| Duck, Tufted | Aythya fuligula |

| Grouse, Black | Tetrao tetrix |

| Grouse, Red | Lagopus lagopus scoticus |

@@ -362,7 +362,7 @@

> (10A)

> (1) Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 5A in the close season for the animal is guilty of an offence.

> (2) In this section, “close season” means—

> (2) In this section, “*close season*” means—

> (a) in the case of a mountain hare, the period in any year beginning with 1st March and ending with 31st July;

> (b) in the case of a brown hare, the period in any year beginning with 1st February and ending with 30th September.

> (3) The Scottish Ministers may by order vary the close season for any wild animal included in Schedule 5A which is specified in the order.

@@ -385,22 +385,22 @@

> (i) a licence under section 16 authorising the action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

> (ii) an application for such a licence had been determined.

> (5) An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action unless he notified the appropriate authority as soon as reasonably practicable after the action was taken that he had taken it.

> (6) In subsection (5), “the appropriate authority” has the same meaning as in section 16(9).

> (6) In subsection (5), “*the appropriate authority*” has the same meaning as in section 16(9).

> (7) Nothing in section 10A makes unlawful—

> (a) anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or

> (b) anything done under, or in pursuance of an order made under, the Animal Health Act 1981.

- (3) In section 26(2) (regulations, orders, notices etc.), after “5” insert “, 10A(4)”.

- (4) In the title of Schedule 5 (animals which are protected), at the end add “under section 9”.

- (3) In section 26(2) (regulations, orders, notices etc.), after “5” insert “ , 10A(4) ”.

- (4) In the title of Schedule 5 (animals which are protected), at the end add “ under section 9 ”.

- (5) After that Schedule, insert—

> **SCHEDULE 5A**

| **Common name** | **Scientific name** |

| ***Common name*** | ***Scientific name*** |

| --- | --- |

| Hare, mountain | Lepus timidus |

| Hare, brown | Lepus europaeus |

@@ -413,7 +413,7 @@

- (1) The 1981 Act is amended as follows.

- (2) In the italic heading before section 9 (protection of certain wild animals), at the end add “and prevention of poaching”.

- (2) In the italic heading before section 9 (protection of certain wild animals), at the end add “ and prevention of poaching ”.

- (3) After section 11F (inserted by section 13(3)), insert—

@@ -435,7 +435,7 @@

> **SCHEDULE 6A**

| **Common name** | **Scientific name** |

| ***Common name*** | ***Scientific name*** |

| --- | --- |

| Hare, mountain | Lepus timidus |

| Hare, brown | Lepus europaeus |

@@ -469,11 +469,11 @@

- (a) in subsection (3)—

- (i) after “9(1), (2), (4) and (4A),” insert “10A(1),”,

- (ii) after “11C” (inserted by section 13(4)) insert “, 11G(1)”,

- (b) in subsection (4)(b) after “9(5)” insert “, 11I(1)”.

- (i) after “9(1), (2), (4) and (4A),” insert “ 10A(1), ”,

- (ii) after “11C” (inserted by section 13(4)) insert “ , 11G(1) ”,

- (b) in subsection (4)(b) after “9(5)” insert “ , 11I(1) ”.

#### Wild hares, rabbits etc.: power to vary Schedules to the 1981 Act and prescribe close seasons

@@ -481,7 +481,7 @@

In section 22 of the 1981 Act (power to vary schedules and prescribe close seasons)—

- (a) in subsection (1)(b), for “or 6” substitute “, 5A, 6 or 6A”,

- (a) in subsection (1)(b), for “or 6” substitute “ , 5A, 6 or 6A ”,

- (b) after subsection (2), insert—

@@ -505,9 +505,9 @@

- (4) In Schedule 7—

- (a) for the title substitute “Amendment of Acts In Relation To Night Shooting of Hares and Rabbits”,

- (b) in the section reference after the Schedule title, for “12” substitute “12YA”.

- (a) for the title substitute “ Amendment of Acts In Relation To Night Shooting of Hares and Rabbits ”,

- (b) in the section reference after the Schedule title, for “12” substitute “ 12YA ”.

### Wild birds, hares, rabbits etc.: single witness evidence

@@ -517,9 +517,9 @@

In section 19A of the 1981 Act (single witness evidence in Scotland as to taking or destruction of eggs)—

- (a) in the section title for “as to taking or destruction of eggs” substitute “in certain proceedings”,

- (b) for the words from “an” to “Act” substitute “any of the following offences”,

- (a) in the section title for “as to taking or destruction of eggs” substitute “ in certain proceedings ”,

- (b) for the words from “an” to “Act” substitute “ any of the following offences ”,

- (c) at the end insert

@@ -572,7 +572,7 @@

> that there is also displayed on the tag (in a manner in which it will remain readable) a statement that it is intended to catch the type of animal in question.

> (3) For the purposes of this section and sections 11D and 11E, the identification number of a person who sets a snare in position is the identification number issued to him by a chief constable.

> (4) A chief constable—

> (a) on receipt of an appropriate application from any person for an identification number for the purpose of setting snares in position in the chief constable’s police area; and

> (a) on receipt of an appropriate application from any person for an identification number for the purpose of setting snares in position in the chief constable's police area; and

> (b) on being satisfied that the applicant has been trained to set a snare in position and on the circumstances in which the setting of snares is an appropriate method of predator control,

> must grant the application and issue the applicant with an identification number.

> (5) Any person who fails to comply with subsection (1) is guilty of an offence.

@@ -581,7 +581,7 @@

> (b) fails to comply with subsection (2) in any respect,

> is guilty of an offence.

> (7) Where an identification number has been issued by a chief constable under subsection (4), the person to whom it is issued—

> (a) may use it also for tags fitted on any snares which he sets in position in any other chief constable’s police area; and

> (a) may use it also for tags fitted on any snares which he sets in position in any other chief constable's police area; and

> (b) need not apply to any other chief constable for a separate identification number in relation to setting any such snare in position.

> (8) The Scottish Ministers may by order make provision as regards—

> (a) when a person has been trained to set a snare in position and on the circumstances in which the setting of snares is an appropriate method of predator control;

@@ -594,9 +594,9 @@

> (h) the keeping of records of identification numbers issued, the persons to whom they are issued and the sharing of information from such records;

> (i) such other matters in relation to training, tags or identification numbers (including the making of an application for, or the issuing of, an identification number) as they consider appropriate.

> (9) In this section—

> - “appropriate application” means an application made in accordance with the provisions of an order under subsection (8);

> - “chief constable” means a chief constable of a police force appointed under section 4(1) of the Police (Scotland) Act 1967;

> - “chief constable’s police area” means the police area for which the police force of which the chief constable is such officer is maintained; and “police area” is to be construed in accordance with section 50 of that Act.

> - “*appropriate application*” means an application made in accordance with the provisions of an order under subsection (8);

> - “*chief constable*” means a chief constable of a police force appointed under section 4(1) of the Police (Scotland) Act 1967;

> - “*chief constable's police area*” means the police area for which the police force of which the chief constable is such officer is maintained; and “*police area*” is to be construed in accordance with section 50 of that Act.

> (11B)

> (1) Any person who sets a snare in position 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, for the following purposes—

> (a) to see whether any animal is caught by the snare; and

@@ -650,13 +650,13 @@

- (4) In section 16(3) (certain offences not committed if activity done in accordance with licence), after “11(1), (2) and (3C)(a)” insert “, 11C”.

- (4) In section 16(3) (certain offences not committed if activity done in accordance with licence), after “11(1), (2) and (3C)(a)” insert “ , 11C ”.

- (5) In section 17 (false statements made for obtaining registration or licence etc.)—

- (a) in the title, after “registration” insert “, identification number”,

- (b) after “7(1)” insert “, an identification number under section 11A(4)”.

- (a) in the title, after “registration” insert “ , identification number ”,

- (b) after “7(1)” insert “ , an identification number under section 11A(4) ”.

### Non-native species etc.

@@ -696,14 +696,14 @@

- (b) in subsection (3), for “prove” substitute “show”,

- (b) in subsection (3), for “prove” substitute “ show ”,

- (c) subsections (5) and (6) are repealed.

- (3) After section 14ZB (codes of practice in connection with invasive non-native species: England and Wales) insert—

> (14ZC)

> (1) Subject to the provisions of this Part, any person who keeps, has in the person’s possession, or has under the person’s control—

> (1) Subject to the provisions of this Part, any person who keeps, has in the person's possession, or has under the person's control—

> (a) any invasive animal of a type which the Scottish Ministers, by order, specify; or

> (b) any invasive plant of a type so specified,

> is guilty of an offence.

@@ -714,14 +714,14 @@

> (d) different times of the year; and

> (e) different areas or places.

> (3) Subject to subsection (4), it is a defence to a charge of committing an offence under subsection (1) to show that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

> (4) Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged must not, without leave of the court, be entitled to rely on the defence unless, within a period ending 7 days before the hearing, the person has served on the prosecutor a notice giving such information or assisting in the identification of the other person as was then in the person’s possession.

> (5) The Scottish Ministers may, in an order under subsection (1), make provision for or in connection with the compensation of persons who, at the time of the coming into force of the order, may no longer keep, have in their possession or have under their control, an animal or plant.

- (4) In section 14A (prohibition on sale etc. of certain animals or plants)—

- (a) in the title, for “certain” substitute “invasive”,

- (a) in the title, for “certain” substitute “ invasive ”,

- (b) for subsection (1) substitute—

@@ -795,7 +795,7 @@

> (i) in captivity; or

> (ii) under the control or otherwise of a person at a place outwith its native range;

> (e) the circumstances in which a type of plant is considered to be growing in the wild outwith its native range, and conduct that would cause any type of plant to grow in the wild;

> (f) the circumstances in which a type of invasive animal or plant is considered to be kept in a person’s possession or under a person’s control;

> (f) the circumstances in which a type of invasive animal or plant is considered to be kept in a person's possession or under a person's control;

> (g) which types of animals or plants are invasive and the circumstances (if any) in which any such type of animal or plant is not considered to be invasive;

> (h) best practice (where permitted) for—

> (i) keeping animals of any type which are invasive or which are kept at a place from which they may not be put outwith the control of any person;

@@ -822,7 +822,7 @@

> (8) Before making, revoking, replacing or revising a code of practice, the Scottish Ministers must consult—

> (a) Scottish Natural Heritage; and

> (b) any other person appearing to them to have an interest in the code.

> (9) A person’s failure to comply with a provision of a code of practice—

> (9) A person's failure to comply with a provision of a code of practice—

> (a) does not of itself render the person liable to proceedings of any sort; but

> (b) may be taken into account in determining any question in any such proceedings.

> (10) In any proceedings for an offence under section 14, 14ZC, 14A, 14B or 14K—

@@ -847,7 +847,7 @@

> (a) the relevant body has offered to enter into an agreement with the owner or, as the case may be, occupier of the premises to control or eradicate—

> (i) invasive animals outwith their native range; or

> (ii) invasive plants outwith their native range,

> on the premises (referred to in this section as a “species control agreement”);

> on the premises (referred to in this section as a “*species control agreement*”);

> (b) 42 days have elapsed since the date of the offer; and

> (c) the owner or occupier has refused or otherwise failed to enter into the agreement.

> (3) This subsection applies where—

@@ -860,7 +860,7 @@

> (c) no owner or occupier of the premises has identified themselves to the relevant body.

> (6) A notice under this subsection must be addressed to “The owners and any occupiers” of the premises (describing it) and a copy of it must be affixed to some conspicuous object on the premises (in so doing the relevant body is to be treated as having provided notice to each owner or occupier whose name and address is unknown).

> (14E)

> (1) Where a relevant body considers that the making of a species control order is urgently necessary, the relevant body may, despite section 14D(1)(b), make a species control order whether or not any of subsections (2) to (4) of section 14D apply (such an order is referred to in this Part as an “emergency species control order”).

> (2) An emergency species control order expires 49 days after it is made.

> (14F)

> (1) A species control order must—

@@ -871,7 +871,7 @@

> (i) any operations which are to be carried out on the premises for the purpose of controlling or eradicating the type of invasive animal or plant in question;

> (ii) the person who is to carry out the operations; and

> (iii) how and when the operations are to be carried out;

> (e) specify any operations which must not be carried out on the premises (referred to in this Part as “excluded operations”);

> (e) specify any operations which must not be carried out on the premises (referred to in this Part as “*excluded operations*”);

> (f) specify the date on which the order is to come into effect and the period for which it is to have effect; and

> (g) set out the circumstances in which an appeal may be made under section 14H against either the decision to make the order or the terms of the order.

> (2) A species control order—

@@ -884,7 +884,7 @@

> (b) where the relevant body is a body other than the Scottish Ministers, to the Scottish Ministers.

> (2) Notice must—

> (a) be in writing;

> (b) specify the relevant body’s reasons for making the order;

> (b) specify the relevant body's reasons for making the order;

> (c) attach a copy of the order; and

> (d) where the order is an emergency species control order, state that fact.

> (14H)

@@ -928,9 +928,9 @@

> (d) to ascertain whether an offence under section 14K is being, or has been, committed in relation to an order made by the relevant body;

> (e) to carry out an operation or other work in pursuance of section 14L(2)(a).

> (2) A person so authorised to enter premises may not demand admission as of right to any land which is occupied unless—

> (a) the entry is for a purpose mentioned in subsection (1)(a) or (b) and at least 24 hours’ notice of the intended entry has been given;

> (a) the entry is for a purpose mentioned in subsection (1)(a) or (b) and at least 24 hours' notice of the intended entry has been given;

> (b) the entry is for a purpose mentioned in subsection (1)(c) or (d); or

> (c) the entry is for a purpose mentioned in subsection (1)(e) and at least 14 days’ notice of the intended entry has been given.

> (c) the entry is for a purpose mentioned in subsection (1)(e) and at least 14 days' notice of the intended entry has been given.

> (3) Subsection (2) does not apply in relation to entry in connection with an emergency species control order.

> (4) Nothing in this section authorises any person to break any lock barring access to premises which the person is authorised to enter.

> (14N)

@@ -946,7 +946,7 @@

> (3) A warrant under this section—

> (a) may be executed without notice; and

> (b) continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify.

> (4) Any person authorised by a warrant to enter any premises must, if required to do so by the owner or occupier or anyone acting on the owner or occupier’s behalf, show that person the warrant.

> (4) Any person authorised by a warrant to enter any premises must, if required to do so by the owner or occupier or anyone acting on the owner or occupier's behalf, show that person the warrant.

> (5) Any person authorised by a warrant to use reasonable force—

> (a) must be accompanied by a constable when doing so; and

> (b) may not use force against an individual.

@@ -961,7 +961,7 @@

> (a) the exercise by a person authorised by the relevant body of any powers of entry conferred on the person by section 14M or a warrant granted under section 14N; or

> (b) the failure of a person so authorised to perform the duty imposed by subsection (3),

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

> (5) Any dispute as to a person’s entitlement to compensation, or to the amount of such compensation, is to be determined by arbitration.

> (5) Any dispute as to a person's entitlement to compensation, or to the amount of such compensation, is to be determined by arbitration.

> (14P)

> (1) This section applies to sections 14 to 14O only.

> (2) Any reference to the native range of an animal or plant, or a type of animal or plant, is a reference to the locality to which the animal or plant of that type is indigenous, and does not refer to any locality to which that type of animal or plant has been imported (whether intentionally or otherwise) by any person.

@@ -979,7 +979,7 @@

> (c) the Scottish Environment Protection Agency; or

> (d) the Forestry Commissioners.

> (7) Any reference to an animal includes a reference to ova, semen and milt of the animal.

> (8) “Plant” includes fungi and any reference to a plant includes a reference to—

> (8) “*Plant*” includes fungi and any reference to a plant includes a reference to—

> (a) bulbs, corms and rhizomes of the plant; and

> (b) notwithstanding section 27(3ZA), seeds and spores of the plant.

@@ -991,17 +991,17 @@

- (1) The 1981 Act is amended as follows.

- (2) In section 16 (power to grant licences), in subsection (4)(c), after “14” insert “, 14ZC”.

- (2) In section 16 (power to grant licences), in subsection (4)(c), after “14” insert “ , 14ZC ”.

- (3) In section 21 (penalties, forfeitures etc.)—

- (a) in subsection (1) after “13” insert “, 14B”,

- (a) in subsection (1) after “13” insert “ , 14B ”,

- (b) in subsection (4)—

- (i) after “14” insert “, 14ZC”,

- (ii) in paragraph (a), for “six” substitute “12”,

- (i) after “14” insert “ , 14ZC ”,

- (ii) in paragraph (a), for “six” substitute “ 12 ”,

- (c) after that subsection insert—

@@ -1011,7 +1011,7 @@

- (d) in subsection (6)(b) for “or 14A” substitute “, 14ZC, 14A, 14B or 14K”.

- (d) in subsection (6)(b) for “or 14A” substitute “ , 14ZC, 14A, 14B or 14K ”.

- (4) In section 22(1) (power to vary schedules)—

@@ -1029,15 +1029,15 @@

- (6) In section 26 (regulations, orders, notices etc.)—

- (a) in subsection (1), for “this Part” substitute “a provision of this Part other than section 14D”,

- (a) in subsection (1), for “this Part” substitute “ a provision of this Part other than section 14D ”,

- (b) in subsection (4)—

- (i) for “this Part” substitute “a provision of this Part other than section 14D”,

- (ii) in paragraph (a), after “2(6)” insert “, 14, 14ZC, 14A or 14B”,

- (iii) in paragraph (b), after “section” insert “14, 14ZC, 14A, 14B,”,

- (i) for “this Part” substitute “ a provision of this Part other than section 14D ”,

- (ii) in paragraph (a), after “2(6)” insert “ , 14, 14ZC, 14A or 14B ”,

- (iii) in paragraph (b), after “section” insert “ 14, 14ZC, 14A, 14B, ”,

- (c) after that subsection, insert—

@@ -1090,7 +1090,7 @@

- (d) for subsections (9) to (9ZC) substitute—

> (9) In this section “the appropriate authority” means the Scottish Ministers or such other person to whom the Scottish Ministers delegate power under section 16A.

> (9) In this section “*the appropriate authority*” means the Scottish Ministers or such other person to whom the Scottish Ministers delegate power under section 16A.

> (9ZA) The Scottish Ministers must consult Scottish Natural Heritage before granting or modifying a licence under any of subsections (1) to (5).

> (9ZB) Subsection (9ZA) does not apply in relation to licences granted under—

> (a) paragraph (i), (j) or (k) of subsection (1);

@@ -1108,8 +1108,8 @@

> (a) Scottish Natural Heritage; or

> (b) a local authority.

> (2) But a function may be delegated to a local authority only in so far as it relates to—

> (a) the development of land within the meaning of section 26(1) of the Town and Country Planning (Scotland) Act [1997 (c. 8)](https://www.legislation.gov.uk/ukpga/1997/8); or

> (b) the demolition of buildings within the meaning of section 55 of the Building (Scotland) Act [2003 (asp 8)](https://www.legislation.gov.uk/asp/2003/8).

> (a) the development of land within the meaning of section 26(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8); or

> (b) the demolition of buildings within the meaning of section 55 of the Building (Scotland) Act 2003 (asp 8).

> (3) A delegation may be, to any degree, general or specific and may in particular relate to—

> (a) a particular type of bird, other animal or plant;

> (b) a particular licence or type of licence;

@@ -1134,29 +1134,17 @@

- (ii) in paragraph (b), after “14B,” (as inserted by section 17(6)(b)(iii)) insert “16A(5)(b) or”,

- (iii) in paragraph (c) after “may,” insert “except in the case of an order under section 16A(5)(b),”,

- (b) in subsection (5) after “Part” insert “, other than an order under section 16A(5)(b),”.

- (ii) in paragraph (b), after “14B,” (as inserted by section 17(6)(b)(iii)) insert “ 16A(5)(b) or ”,

- (iii) in paragraph (c) after “may,” insert “ except in the case of an order under section 16A(5)(b), ”,

- (b) in subsection (5) after “Part” insert “ , other than an order under section 16A(5)(b), ”.

#### Amendment of Schedule 6 to the 1981 Act

##### 19

In Schedule 6 to the 1981 Act (animals which may not be killed or taken by certain methods) the entries relating to the animals with the following common names are repealed—

| Bats, Horseshoe (all species), |

| --- |

| Bats, Typical (all species), |

| Cat, Wild, |

| Dolphin, Bottle-nosed, |

| Dolphin, Common, |

| Dormice (all species), |

| Marten, Pine, |

| Otter, Common, |

| Polecat, |

| Porpoise, Harbour (otherwise known as Common Porpoise). |

### Annual report on wildlife crime

@@ -1220,9 +1208,9 @@

- (a) in subsection (3)—

- (i) in paragraph (a), after “9(5)” insert “, 11I(1)”,

- (ii) in paragraph (d) for “or 14A” substitute “, 14ZC, 14A, 14B or 14K”,

- (i) in paragraph (a), after “9(5)” insert “ , 11I(1) ”,

- (ii) in paragraph (d) for “or 14A” substitute “ , 14ZC, 14A, 14B or 14K ”,

- (iii) in paragraph (e) for the words from “verifying” to the end substitute

@@ -1232,23 +1220,23 @@

- (b) in subsection (5) for “13(2), 14 or 14A” substitute “11I(1), 13(2), 14, 14ZC, 14A, 14B or 14K”,

- (c) in subsection (9), in the definition of “relevant registration or licence” in paragraph (b) for “13(2), 14 or 14A” substitute “11I(1), 13(2), 14, 14ZC or 14A”.

- (b) in subsection (5) for “13(2), 14 or 14A” substitute “ 11I(1), 13(2), 14, 14ZC, 14A, 14B or 14K ”,

- (c) in subsection (9), in the definition of “relevant registration or licence” in paragraph (b) for “13(2), 14 or 14A” substitute “ 11I(1), 13(2), 14, 14ZC or 14A ”.

- (5) In section 19ZD (power to take samples: Scotland)—

- (a) in subsections (3) and (4) for “13(2), 14 or 14A” substitute “11I(1), 13(2), 14, 14ZC, 14A, 14B or 14K”,

- (a) in subsections (3) and (4) for “13(2), 14 or 14A” substitute “ 11I(1), 13(2), 14, 14ZC, 14A, 14B or 14K ”,

- (b) in subsection (10) after paragraph (b) insert—

> (c) “tissue” means any type of biological material other than blood.

> (c) “*tissue*” means any type of biological material other than blood.

- (6) In section 24 (functions of GB conservation bodies), in subsection (4)—

- (a) immediately after paragraph (a) insert “or”,

- (a) immediately after paragraph (a) insert “ or ”,

- (b) the word “or” immediately after paragraph (b) is repealed,

@@ -1338,9 +1326,9 @@

- (1) The 1996 Act is amended as follows.

- (2) In section 1 (SNH’s deer functions)—

- (a) in subsection (1)(a), for “conservation,” substitute “conservation of deer native to Scotland, the”,

- (2) In section 1 (SNH's deer functions)—

- (a) in subsection (1)(a), for “conservation,” substitute “ conservation of deer native to Scotland, the ”,

- (b) in subsection (2)—

@@ -1418,7 +1406,7 @@

- (2) In section 45(1) (interpretation) of the 1996 Act, after the definition of “animal foodstuffs” insert—

> - “code of practice on deer management” means the code of practice currently in operation in pursuance of section 5A of this Act;

> “*code of practice on deer management*” means the code of practice currently in operation in pursuance of section 5A of this Act;

@@ -1432,15 +1420,15 @@

- (a) in subsection (1)—

- (i) after “SNH” insert “, having had regard to the code of practice on deer management,”,

- (i) after “SNH” insert “ , having had regard to the code of practice on deer management, ”,

- (ii) the word “deer”, where first occurring, is repealed,

- (iii) in paragraph (a)—

- (A) at the beginning insert “deer or steps taken or not taken for the purposes of deer management”,

- (B) in sub-paragraph (i), after “foodstuffs,” insert “to the welfare of deer”,

- (A) at the beginning insert “ deer or steps taken or not taken for the purposes of deer management ”,

- (B) in sub-paragraph (i), after “foodstuffs,” insert “ to the welfare of deer ”,

- (C) the word “or” immediately after sub-paragraph (i) is repealed,

@@ -1450,19 +1438,19 @@

- (iv) in paragraph (b), at the beginning insert “deer”,

- (v) for the words “the deer in that locality should be reduced in number” substitute “or for the remedying of such damage, measures require to be taken in relation to the management of deer”,

- (iv) in paragraph (b), at the beginning insert “ deer ”,

- (v) for the words “the deer in that locality should be reduced in number” substitute “ or for the remedying of such damage, measures require to be taken in relation to the management of deer ”,

- (vi) the words “for that reduction in number” are repealed,

- (b) in subsection (3) after “SNH” insert “, having had regard to the code of practice on deer management,”,

- (b) in subsection (3) after “SNH” insert “ , having had regard to the code of practice on deer management, ”,

- (c) in subsection (4)—

- (i) after “After” insert “it has given notice to such owners and occupiers of land as it considers to be substantially interested that”,

- (ii) for the words from first “such” to “interested” substitute “those owners or occupiers”,

- (i) after “After” insert “ it has given notice to such owners and occupiers of land as it considers to be substantially interested that ”,

- (ii) for the words from first “such” to “interested” substitute “ those owners or occupiers ”,

- (d) in subsection (5)—

@@ -1496,9 +1484,9 @@

- (b) in subsection (2)—

- (i) for “Subsection (1) above does” substitute “Subsections (A1) and (1) above do”,

- (ii) at the end insert “(except where a purpose of the control agreement is to remedy damage caused, directly or indirectly, by deer or by steps taken or not taken for the purposes of deer management).”,

- (i) for “Subsection (1) above does” substitute “ Subsections (A1) and (1) above do ”,

- (ii) at the end insert “ (except where a purpose of the control agreement is to remedy damage caused, directly or indirectly, by deer or by steps taken or not taken for the purposes of deer management). ”,

- (c) subsection (5) is repealed,

@@ -1524,7 +1512,7 @@

- (a) in paragraph 1(b)—

- (i) for the words from “two” to “situated” substitute “such manner as SNH thinks fit”,

- (i) for the words from “two” to “situated” substitute “ such manner as SNH thinks fit ”,

- (ii) in sub-sub-paragraph (iii), the words “within the district” are repealed,

@@ -1544,7 +1532,7 @@

- (d) in paragraph 6(b)—

- (i) for the words from “two” to “situated” substitute “such manner as the Scottish Ministers think fit”,

- (i) for the words from “two” to “situated” substitute “ such manner as the Scottish Ministers think fit ”,

- (ii) in sub-sub-paragraph (iii), the words “within the district” are repealed,

@@ -1566,13 +1554,13 @@

- (h) in paragraph 12(b)—

- (i) for the words from “the” where it first occurs to “situated” substitute “such manner as the Scottish Ministers think fit”,

- (i) for the words from “the” where it first occurs to “situated” substitute “ such manner as the Scottish Ministers think fit ”,

- (ii) in sub-sub-paragraph (ii), the words “within the district” are repealed,

- (i) in paragraph 13—

- (i) in sub-paragraph (1), for “and (3)” substitute “to (4)”,

- (i) in sub-paragraph (1), for “and (3)” substitute “ to (4) ”,

- (ii) for sub-paragraphs (2) and (3) substitute—

@@ -1642,7 +1630,7 @@

- (4) In section 37 (restrictions on granting of certain authorisations)—

- (a) in subsection (1), at the beginning insert “Except as mentioned in subsection (1A) below,”,

- (a) in subsection (1), at the beginning insert “ Except as mentioned in subsection (1A) below, ”,

- (b) after that subsection, insert—

@@ -1661,9 +1649,7 @@

- (1) The 1996 Act is amended as follows.

- (2) Before section 17, insert the following italic heading—

- (2) Before section 17, insert the following italic heading— “ Unlawful killing, taking and injuring of deer ”.

- (3) In section 17 (unlawful killing, taking and injuring of deer), subsection (4) is repealed.

@@ -1720,25 +1706,23 @@

- (5) Before section 18, insert the following italic heading—

- (6) In section 30 (power to convict of alternative offence), after “17” insert “, 17A(4)”.

- (7) In section 31(4) (forfeiture of deer), after “17(1), (2) or (3)” insert “, 17A(4)”.

- (5) Before section 18, insert the following italic heading— “ Other offences and attempts to commit offences ”.

- (6) In section 30 (power to convict of alternative offence), after “17” insert “ , 17A(4) ”.

- (7) In section 31(4) (forfeiture of deer), after “17(1), (2) or (3)” insert “ , 17A(4) ”.

- (8) In section 45(1) (interpretation)—

- (a) after the definition of “red deer” insert—

> - “registered person” means a person registered in accordance with regulations under section 17A(1);

> “*registered person*” means a person registered in accordance with regulations under section 17A(1);

- (b) after the definition of “roe deer” insert—

> - “shoot” means discharge a firearm of a class prescribed in an order under section 21(1) of this Act; and “shooting” is to be construed accordingly;

> “*shoot*” means discharge a firearm of a class prescribed in an order under section 21(1) of this Act; and “*shooting*” is to be construed accordingly;

@@ -1835,7 +1819,7 @@

- (6) In section 10 (licences)—

- (a) in subsection (1) for “conservation body” substitute “authority”,

- (a) in subsection (1) for “conservation body” substitute “ authority ”,

- (b) in subsection (2)—

@@ -1851,7 +1835,7 @@

- (d) for subsection (4) substitute—

> (4) In this section “the appropriate authority” means the Scottish Ministers or such other person to whom the Scottish Ministers delegate power under section 10A below.

> (4) In this section “*the appropriate authority*” means the Scottish Ministers or such other person to whom the Scottish Ministers delegate power under section 10A below.

@@ -1865,9 +1849,9 @@

- (g) subsection (7) is repealed,

- (h) in subsection (8), after the word “be” insert “modified or”,

- (i) in subsection (10), for “subsection (2)(a)” substitute “subsection (1)(g)”.

- (h) in subsection (8), after the word “be” insert “ modified or ”,

- (i) in subsection (10), for “subsection (2)(a)” substitute “ subsection (1)(g) ”.

- (7) After that section insert—

@@ -1897,19 +1881,19 @@

- (8) In section 11A (attempts), in subsection (3)—

- (a) after “above” insert “or section 1(6) above”,

- (b) after “consisting of” insert “or involving”,

- (c) for “the accused” substitute “a person”.

- (a) after “above” insert “ or section 1(6) above ”,

- (b) after “consisting of” insert “ or involving ”,

- (c) for “the accused” substitute “ a person ”.

- (9) In section 12 (penalties and forfeiture)—

- (a) in subsection (1)—

- (i) for the words from the first “section” to the third “above” substitute “a provision mentioned in subsection (1ZA) below”,

- (ii) after “section 5” insert “(1) or (2)”,

- (i) for the words from the first “section” to the third “above” substitute “ a provision mentioned in subsection (1ZA) below ”,

- (ii) after “section 5” insert “ (1) or (2) ”,

- (b) after that subsection insert—

@@ -1921,13 +1905,13 @@

- (c) in subsection (1A)—

- (i) for the words from the first “section” to the third “above” substitute “a provision mentioned in subsection (1B) below”,

- (i) for the words from the first “section” to the third “above” substitute “ a provision mentioned in subsection (1B) below ”,

- (ii) in paragraph (a)—

- (A) for “six” substitute “12”,

- (B) for “level 5 on the standard scale” substitute “the statutory maximum”,

- (A) for “six” substitute “ 12 ”,

- (B) for “level 5 on the standard scale” substitute “ the statutory maximum ”,

- (d) after that subsection insert—

@@ -1939,9 +1923,9 @@

- (10) In section 12A (time limit for bringing summary proceedings), in subsection (1), for “section 1(1), 2, 3, 5” substitute “any of sections 1 to 5”.

- (11) In section 13 (powers of court where dog used or present at commission of offence) after “1(1)” insert “or (6) (in relation to an act made unlawful by section 1(1))”.

- (10) In section 12A (time limit for bringing summary proceedings), in subsection (1), for “section 1(1), 2, 3, 5” substitute “ any of sections 1 to 5 ”.

- (11) In section 13 (powers of court where dog used or present at commission of offence) after “1(1)” insert “ or (6) (in relation to an act made unlawful by section 1(1)) ”.

### Muirburn

@@ -1968,7 +1952,7 @@

- (3) In section 23A (power to vary permitted times for making muirburn)—

- (a) in subsection (1), for the words from “subsection (1)” to the end substitute “subsection (3) or (4) of that section such other dates as they consider appropriate so as to extend or reduce the standard muirburn season or extended muirburn season.”,

- (a) in subsection (1), for the words from “subsection (1)” to the end substitute “ subsection (3) or (4) of that section such other dates as they consider appropriate so as to extend or reduce the standard muirburn season or extended muirburn season. ”,

- (b) after that subsection insert—

@@ -1989,7 +1973,7 @@

- (d) in subsection (3) from the word “immediately” to the end substitute “on the coming into force of section 34 of the Wildlife and Natural Environment (Scotland) Act [2011 (asp 6)](https://www.legislation.gov.uk/asp/2011/6).”.

- (d) in subsection (3) from the word “immediately” to the end substitute “ on the coming into force of section 34 of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6). ”.

- (4) After that section insert—

@@ -2010,7 +1994,7 @@

> (4) Conditions specified in pursuance of subsection (3)(f) may refer to matters specified elsewhere.

> (5) In—

> (a) subsection (1), “the additional period means the period for which the standard muirburn season or, as the case may be, the extended muirburn season is extended for the time being for any land by an order under section 23A(1);

> (b) subsection (3), “specified person” means a person specified in the order.

> (b) subsection (3), “*specified person*” means a person specified in the order.

> (6) The power conferred by subsection (1) is exercisable by statutory instrument.

> (7) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

> (23C)

@@ -2063,7 +2047,7 @@

- (7) In section 26 (notices as to muirburn)—

- (a) for the title, substitute “Notice as to muirburn: general requirement”,

- (a) for the title, substitute “ Notice as to muirburn: general requirement ”,

- (b) for subsections (1) and (2) substitute—

@@ -2099,7 +2083,7 @@

> (ii) a partnership, by leaving it at or posting it to the principal office of the partnership in the United Kingdom;

> (d) to the person by electronic communication of any particular form if—

> (i) the person has agreed to be notified in that form;

> (ii) the person has supplied the person who is to send the notice with the person’s electronic address or number; and

> (ii) the person has supplied the person who is to send the notice with the person's electronic address or number; and

> (iii) the electronic communication is capable of being accessed and understood by the person.

> (2) Where, after reasonable inquiry, the identity of an occupier cannot be ascertained for the purposes of giving notice under section 26, notice may be given by—

> (a) addressing the notice to “Any occupiers of the land” (describing it); and

@@ -2110,9 +2094,9 @@

- (9) In section 27 (offences as to muirburn)—

- (a) in the title, for “Offences” substitute “Penalties etc. for offences”,

- (b) for the words “twenty-three or section twenty-five” substitute “25 or 26(7)”.

- (a) in the title, for “Offences” substitute “ Penalties etc. for offences ”,

- (b) for the words “twenty-three or section twenty-five” substitute “ 25 or 26(7) ”.

#### Offences by bodies corporate, Scottish partnerships etc. under the 1946 Act

@@ -2147,7 +2131,7 @@

> (b) the date on which a report was last published by the body under this subsection.

> (2) A biodiversity report is a report on the actions taken by the body in pursuance of its duty under section 1 during the period to which the report relates.

> (3) The base date is—

> (a) the date on which section 36 of the Wildlife and Natural Environment (Scotland) Act [2011 (asp 6)](https://www.legislation.gov.uk/asp/2011/6) comes into force, or

> (a) the date on which section 36 of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) comes into force, or

> (b) where the body is established after that date, the date on which the body is established.

> (4) A report under this section—

> (a) is to be prepared in such form and published in such manner as the body thinks fit,

@@ -2171,8 +2155,8 @@

> (a) references in section 3(4)(a)(ii) and (iii) to a natural feature were references to the natural features by reason of which SNH considers the original sites to be of special interest, and

> (b) section 3(4) required the notification to also be accompanied by a revised site management statement prepared in relation to the combined site of special scientific interest.

> (3) Accordingly, from the date when notification is given under subsection (1)—

> (a) that notification is an “SSSI notification” for the purposes of this Act,

> (b) the combined site of special scientific interest is a single “site of special scientific interest” for the purposes of this Act, and

> (a) that notification is an “*SSSI notification*” for the purposes of this Act,

> (b) the combined site of special scientific interest is a single “*site of special scientific interest*” for the purposes of this Act, and

> (c) the original SSSI notifications cease to have effect.

> (4) SNH must give public notice describing the general effect of an SSSI notification given by virtue of subsection (1) in such manner (including on the internet or by other electronic means) as SNH thinks fit.

> (5) Nothing in this section allows SNH to—

@@ -2181,13 +2165,13 @@

- (3) In section 48(11)(a) (notices etc.), after “5(1)” insert “, 5A(1)”.

- (3) In section 48(11)(a) (notices etc.), after “5(1)” insert “ , 5A(1) ”.

- (4) In section 58(1) (interpretation)—

- (a) in the definition of “site of special scientific interest”, after “3(6)” insert “(read, where necessary, together with section 5A(3)(b))”,

- (b) in the definition of “SSSI notification”, after “3(5)” insert “(read, where necessary, together with section 5A(3)(a))”.

- (a) in the definition of “site of special scientific interest”, after “3(6)” insert “ (read, where necessary, together with section 5A(3)(b)) ”,

- (b) in the definition of “SSSI notification”, after “3(5)” insert “ (read, where necessary, together with section 5A(3)(a)) ”.

#### Denotification of SSSIs: damage caused by authorised operations

@@ -2214,7 +2198,7 @@

- (1) The 2004 Act is amended as follows.

- (2) In section 13(1) (SNH consent required for operations carried out by public bodies), after “out” insert “, or cause or permit to be carried out on land owned or occupied by the public body or office-holder,”.

- (2) In section 13(1) (SNH consent required for operations carried out by public bodies), after “out” insert “ , or cause or permit to be carried out on land owned or occupied by the public body or office-holder, ”.

- (3) In section 14 (SNH consent not required for certain operations)—

@@ -2222,7 +2206,7 @@

- (i) after paragraph (c) insert—

> (ca) in accordance with a control scheme made under section 8 of the Deer (Scotland) Act [1996 (c.58)](https://www.legislation.gov.uk/ukpga/1996/58),

> (ca) in accordance with a control scheme made under section 8 of the Deer (Scotland) Act 1996 (c.58),

@@ -2235,17 +2219,17 @@

- (b) in subsection (2), after second “out” insert “or cause or permit to be carried out”,

- (b) in subsection (2), after second “out” insert “ or cause or permit to be carried out ”,

- (c) in subsection (3)—

- (i) in paragraph (a)(i), for “proposes to commence the operation” substitute “is proposed that the operation be commenced”,

- (ii) in paragraph (b), after “way” insert “, or causes or permits the operation to be carried out only in such a way,”,

- (iii) in paragraph (c), after “operation” insert “or, as the case may be, in causing or permitting the carrying out of the operation,”,

- (d) in subsection (4)(a), for “an operation for” substitute “or causes or permits the carrying out of an operation in circumstances in”.

- (i) in paragraph (a)(i), for “proposes to commence the operation” substitute “ is proposed that the operation be commenced ”,

- (ii) in paragraph (b), after “way” insert “ , or causes or permits the operation to be carried out only in such a way, ”,

- (iii) in paragraph (c), after “operation” insert “ or, as the case may be, in causing or permitting the carrying out of the operation, ”,

- (d) in subsection (4)(a), for “an operation for” substitute “ or causes or permits the carrying out of an operation in circumstances in ”.

- (4) In section 17 (SNH consent not required for certain operations)—

@@ -2253,7 +2237,7 @@

- (i) after paragraph (c) insert—

> (ca) in accordance with a control scheme made under section 8 of the Deer (Scotland) Act [1996 (c.58)](https://www.legislation.gov.uk/ukpga/1996/58),

> (ca) in accordance with a control scheme made under section 8 of the Deer (Scotland) Act 1996 (c.58),

@@ -2266,7 +2250,7 @@

- (b) in subsection (4), for the words from “owner” to “functions” substitute “operation in respect of which section 13 applies.”.

- (b) in subsection (4), for the words from “owner” to “functions” substitute “ operation in respect of which section 13 applies. ”.

#### SSSI offences: civil enforcement

@@ -2324,20 +2308,20 @@

- (e) in paragraph 1(1)(b) (duty to give notice before entering occupied premises) of schedule 4, for “(1)(h)” substitute “(1)(bb), (h)”.

- (2) In section 8B(1) (protection afforded to spent alternatives) of the Rehabilitation of Offenders Act [1974 (c.53)](https://www.legislation.gov.uk/ukpga/1974/53), after paragraph (c) insert—

> (ca) has, under subsection (5) of section 20A of the Nature Conservation (Scotland) Act [2004 (asp 6)](https://www.legislation.gov.uk/asp/2004/6), given notice of intention to comply with a restoration notice given under subsection (4) of that section,

- (3) The Criminal Procedure (Scotland) Act [1995 (c.46)](https://www.legislation.gov.uk/ukpga/1995/46) is amended as follows—

- (e) in paragraph 1(1)(b) (duty to give notice before entering occupied premises) of schedule 4, for “(1)(h)” substitute “ (1)(bb), (h) ”.

- (2) In section 8B(1) (protection afforded to spent alternatives) of the Rehabilitation of Offenders Act 1974 (c.53), after paragraph (c) insert—

> (ca) has, under subsection (5) of section 20A of the Nature Conservation (Scotland) Act 2004 (asp 6), given notice of intention to comply with a restoration notice given under subsection (4) of that section,

- (3) The Criminal Procedure (Scotland) Act 1995 (c.46) is amended as follows—

- (a) in section 69(7) (notice of previous alternative disposals), after paragraph (b) insert

> ;

> (c) a restoration notice given under subsection (4) of section 20A of the Nature Conservation (Scotland) Act [2004 (asp 6)](https://www.legislation.gov.uk/asp/2004/6) in respect of which the accused has given notice of intention to comply under subsection (5) of that section in the two years preceding the date of an offence charged.

> (c) a restoration notice given under subsection (4) of section 20A of the Nature Conservation (Scotland) Act 2004 (asp 6) in respect of which the accused has given notice of intention to comply under subsection (5) of that section in the two years preceding the date of an offence charged.

@@ -2346,7 +2330,7 @@

- (i) in subsection (10), after paragraph (b) insert

> ;

@@ -2357,18 +2341,18 @@

- (B) after paragraph (c) insert

> ; or

> (d) to which a restoration notice given under section 20A(4) of the Nature Conservation (Scotland) Act [2004 (asp 6)](https://www.legislation.gov.uk/asp/2004/6) related,

- (C) at the end of the subsection insert “or, as the case may be, about the giving of the notice (including the terms of the notice).”,

> (d) to which a restoration notice given under section 20A(4) of the Nature Conservation (Scotland) Act 2004 (asp 6) related,

- (C) at the end of the subsection insert “ or, as the case may be, about the giving of the notice (including the terms of the notice). ”,

- (c) in section 166 (previous convictions: summary proceedings)—

- (i) in subsection (10), after paragraph (b) insert

> ;

@@ -2379,11 +2363,11 @@

- (B) after paragraph (c) insert

> ; or

> (d) to which a restoration notice given under section 20A(4) of the Nature Conservation (Scotland) Act [2004 (asp 6)](https://www.legislation.gov.uk/asp/2004/6) related,

- (C) at the end of the subsection insert “or, as the case may be, about the giving of the notice (including the terms of the notice).”.

> (d) to which a restoration notice given under section 20A(4) of the Nature Conservation (Scotland) Act 2004 (asp 6) related,

- (C) at the end of the subsection insert “ or, as the case may be, about the giving of the notice (including the terms of the notice). ”.

## Part 7 — General

@@ -2410,7 +2394,7 @@

> (3) Despite subsection (2), any provision made by or under Part 1 applies to persons in the public service of the Crown as it applies to other persons.

> (4) A species control order may be made under section 14D in relation to Crown land only with the consent of the appropriate authority.

> (5) The powers conferred by sections 14M and 19ZC are exercisable in relation to Crown land only with the consent of the appropriate authority.

> (6) In this section, “Crown land” means an interest in land which—

> (6) In this section, “*Crown land*” means an interest in land which—

> (a) belongs to Her Majesty in right of the Crown;

> (b) belongs to Her Majesty in right of Her private estates;

> (c) belongs to an office-holder in the Scottish Administration or is held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration; or

@@ -2421,7 +2405,7 @@

> (c) in the case of land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers;

> (d) in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration, means that office-holder;

> (e) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that government department.

> (8) The references in subsections (6)(b) and (7)(c) to Her Majesty’s private estates are to be construed in accordance with section 1 of the Crown Private Estates Act [1862 (c.37)](https://www.legislation.gov.uk/ukpga/1862/37).

> (8) The references in subsections (6)(b) and (7)(c) to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).

> (9) 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.

@@ -2448,7 +2432,7 @@

> (3) No contravention by the Crown of any provision made by or under this Act 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.

> (4) Despite subsection (3), this Act applies to persons in the public service of the Crown as it applies to other persons.

> (5) The power conferred by section 15 of this Act is exercisable in relation to Crown land only with the consent of the appropriate authority.

> (6) In subsection (5), “Crown land” means an interest in land which—

> (6) In subsection (5), “*Crown land*” means an interest in land which—

> (a) belongs to Her Majesty in right of the Crown;

> (b) belongs to Her Majesty in right of Her private estates;

> (c) belongs to an office-holder in the Scottish Administration or is held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration; or

@@ -2459,7 +2443,7 @@

> (e) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that government department.

> (8) The references in subsections (6)(b) and (7)(c) to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).

> (9) 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.

@@ -2496,10 +2480,10 @@

##### 1

In section 39(2) of the Agriculture (Scotland) Act [1948 (c.45)](https://www.legislation.gov.uk/ukpga/1948/45), in the proviso, for the words from “game” to the end substitute

In section 39(2) of the Agriculture (Scotland) Act 1948 (c.45), in the proviso, for the words from “game” to the end substitute

> —

> (a) black grouse, common pheasant, grey partridge, ptarmigan, red grouse or red-legged partridge in the close season for that bird (within the meaning of section 2(4) of the Wildlife and Countryside Act [1981 (c.69)](https://www.legislation.gov.uk/ukpga/1981/69)); or

> (b) brown hare or mountain hare in the close season for that hare (within the meaning of section 10A(2) of that Act);

> and for the purposes of subsection (1) a person is not deemed not to have the right to comply with a requirement falling within this proviso by reason only that, apart from the proviso, compliance with the requirement would constitute an offence under section 1 or (as the case may be) 10A(1) of that Act.

2011-04-07

Wildlife and Natural Environment (Scotland) Act 2011 — versión origi

original version Text at this date