The Wildlife and Countryside Act 1981 (Exceptions to section 14) (Scotland) Amendment Order 2012

Made: 21st June 2012

Laid before the Scottish Parliament: 25th June 2012

Coming into force: 2nd July 2012

In accordance with section 26(4A)[^f00002] of that Act, 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 (Exceptions to section 14) (Scotland) Amendment Order 2012, and comes into force on 2nd July 2012.

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

Amendment of the Wildlife and Countryside Act 1981 (Exceptions to section 14) (Scotland) Order 2012

2

• (1) The Wildlife and Countryside Act 1981 (Exceptions to section 14) (Scotland) Order 2012[^f00003] is amended in accordance with the following paragraphs.

• (2) At the end of article 2(1), insert “(type of animal to which subsection (1)(a)(i) does not apply)”.

• (3) In article 2(2), for “Latin” substitute “Scientific”.

• (4) For Part 2 of the Schedule, substitute Part 2 set out in the Schedule to this Order.

SCHEDULE

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 21st June 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Wildlife and Countryside Act 1981 (Exceptions to section 14) (Scotland) Order 2012 (“the 2012 Order”) which specifies the types of animal and the types of plant to which the offence provisions in section 14(1)(a)(i) and 14(2) of the Wildlife and Countryside Act 1981 (“the 1981 Act”) (as substituted by section 14(2)(a) of the Wildlife and Natural Environment (Scotland) Act 2011) do not apply.

Article 2 (2) of this Order amends article 2(1) of the 2012 Order so as to make clear that the type of animal listed in Part 1 of the Schedule is specified for the purposes of section 14(2B)(a) of the 1981 Act insofar as that section disapplies subsection (1)(a)(i) of section 14 of the 1981 Act to those types of animal.

Article 2 (3) of this Order amends article 2(2) of the 2012 Order so as to refer to “Scientific name” instead of “Latin name”.

Article 2 (4) of, and the Schedule to, this Order substitutes a new Part 2 into the Schedule to the 2012 Order. In the newly substituted Part 2, a number of the entries in the table have been amended so as to correctly refer to the current nomenclature for these species. The heading in column (2) of the table has also been amended to refer to “Scientific name” instead of “Latin name”.

Footnotes

[^f00001]: 1981 c.69. Section 14(2B) and (2D) were inserted by the Wildlife and Natural Environment (Scotland) Act 2011 (asp6) (“the 2011 Act”), section 14(2).

[^f00002]: Section 26(4A) was inserted by section 17(6)(c) of the 2011 Act.

[^f00003]: S.S.I. 2012/173.