The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012

Made: 30th May 2012

Laid before the Scottish Parliament: 31st May 2012

Coming into force: 2nd July 2012

In accordance with section 26(4A) of the Wildlife and Countryside Act 1981[^f00003], they have consulted Scottish Natural Heritage and any other person appearing to them to have an interest in the making of the Order.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012, and comes into force on 2ndJuly 2012.

• (2) In this Order, “the 1981 Act” means the Wildlife and Countryside Act 1981.

Prohibition on releasing certain animals

2

The types of animals listed in column (1) (whose Latin name is listed in column (2)) of the table in Part 1 of Schedule 1 are specified for the purposes of section14(1)(a)(ii) of the 1981 Act, to the extent mentioned in column (3) of that table.

Prohibition on keeping invasive animals

3

The types of invasive animals listed column (1) (whose Latin name is listed in column (2)) of the table in Part 2 of Schedule 1 are specified for the purposes of section14ZC(1)(a) of the 1981 Act.

Notification requirements in relation to the presence of invasive animals

4

Where an occupier of land is, or becomes, aware of the presence of an invasive animal of a type listed in Part 3 of Schedule 1, that person must notify Scottish Natural Heritage without delay.

Revocation

5

Subject to article3 (savings) of the Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No.4, Saving and Transitional Provisions) Order 2012[^f00004], the enactments listed in Schedule 2 are revoked.

SCHEDULE 1

PART 1 — Types of animals specified for the purposes of section 14(1)(a)(ii) of the 1981 Act (types of animal which it is an offence for a person to release or allow to escape fromcaptivity)

PART 2 — Types of invasive animals specified for the purposes of section 14ZC(1)(a) of the 1981 Act (types of animal which it is an offence for a person to keep, have in their possession or have under their control)

PART 3 — Types of invasive animals which require notification under article 4 of this Order

NOTE: The common name or names given in Column(1) of the tables in Parts1, 2 and 3 of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

SCHEDULE 2 — REVOCATIONS

Signed

STEWART STEVENSON — Authorised to sign by the Scottish Ministers — 30th May 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision about the release of certain animals, the keeping of invasive animals and notification requirements in relation to the presence of invasive animals under the Wildlife and Countryside Act 1981 (“the 1981 Act”) as amended by the Wildlife and Natural Environment (Scotland) Act 2011.

Section 14(1)(a)(ii) of the 1981 Act makes it an offence for any person to release, or allow to escape from captivity, any animal of a type specified by the Scottish Ministers by Order. Article 2 and Part 1 of Schedule 1 specifies the types of animals which it is an offence for a person to release or allow to escape from captivity and the extent to which the prohibition applies.

Section 14ZC(1)(a) of the 1981 Act makes it an offence for any person to keep, have in the person’s possession, or have under the person’s control any invasive animal of a type which the Scottish Ministers specify by Order. Article 3 and Part 2 of Schedule 1 specifies the types of invasive animals which it is an offence for a person to keep, have in their possession or have under their control.

Section 14B(1)(a) enables the Scottish Ministers to make provision about the notification of the presence of invasive animals at any specified place outwith their native range where persons are, or become, aware of the presence of such animals or plants. Article 4 and Part 3 of Schedule 1 make provision about notification and that such notification requires be made to Scottish Natural Heritage without delay.

Article 5 and Schedule 2 revoke the enactments governing the keeping and release of certain animals which this Order replaces, subject to article3 of the Wildlife and Natural Environment Act 2011 (Commencement No.4, Saving and Transitional Provisions) Order 2012 ([S.S.I.2012/175 (C. 16)](https://www.legislation.gov.uk/ssi/2012/175)).

Footnotes

[^f00001]: 1981 c.69. Sections 14(1) and (2D) and section 14B(1), (2) and (4) were substituted by the Wildlife and Natural Environment (Scotland) Act 2011 (asp6) (“the 2011 Act), section 14(2) and (5) respectively; and section 14ZC was inserted by the 2011 Act, section 14(3).

[^f00002]: 2011 asp 6.

[^f00003]: Section 26(4A) was inserted by section 17(6) of the 2011 Act.

[^f00004]: S.S.I.2012/175 (C. 16).