The Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012

Made: 28th June 2012

Coming into force: 2nd July 2012

In accordance with section 42(4) of that Act[^f00002], a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1

This Order may be cited as the Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012, and comes into force on 2ndJuly 2012.

Consequential modifications, repeals and revocation

2

The modifications listed in Parts 1 and 2, the repeals listed in Part3 and the revocation listed in Part4 of the Schedule have effect.

SCHEDULE

PART 1 — MODIFICATIONS OF PUBLIC GENERAL ACTS

Criminal Procedure (Scotland) Act 1995

1

In Schedule 9 (certificates as to proof of certain routine matters) to the Criminal Procedure (Scotland) Act 1995[^f00003] in column 1 of the entry relating to the Wildlife and Countryside Act 1981[^f00004], for “Sections 1, 5, 6(1) to (3), 7, 8, 9(1), (2), (4) and (5), 11(1) and (2), 13(1) and (2) and 14” substitute “Sections 1, 5, 6(1) to (3), 7, 8, 9(1), (2), (4) and (5), 10A(1), 11(1) and (2), 11G(1), 11I(1), 13(1) and (2), 14, 14ZC and 14A”[^f00005].

Marine (Scotland) Act 2010

2

In section132(2)(c) (enforcement of marine protection and nature conservation legislation) of the Marine (Scotland) Act 2010[^f00006], for “11, 13, 14 and 14A” substitute “10A, 11, 11A, 11B, 11C, 11E, 11G, 11I, 13, 14, 14ZC, 14A, 14B, 14K, 18A and 18B”[^f00007].

PART 2 — MODIFICATIONS OF SUBORDINATE LEGISLATION

The Marketing Development Scheme (Specification of Activities) Order 1994

3

In article 2(2)(a) of the Marketing Development Scheme (Specification of Activities) Order 1994[^f00008]—

• (a) after “game” insert—

(i) in relation to England and Wales,

; and

• (b) at the end of the sub-paragraph after the date “1862”, insert—

(ii) in relation to Scotland, means the species listed in Part 1 of Schedule 2 and Schedule 6A to the Wildlife and Countryside Act 1981[^f00009];

Conservation (Natural Habitats, &c.) Regulations 1994

4

In regulation 101A (application of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981) of the Conservation (Natural Habitats, &c.) Regulations 1994[^f00010]—

• (a) in paragraph (3)(a)(i) after “9(5)” insert “11I(1)”; and

• (b) in paragraphs (3)(c), 4(c)(i) and 4(d), for “14A” substitute “14K”.

The Food Industry Development Scheme (Specification of Activities) Order 1997

5

In article 2(2)(a) of the Food Industry Development Scheme (Specification of Activities) Order 1997[^f00011]—

• (a) after “game” insert—

(i) in relation to England and Wales,

; and

• (b) at the end of the sub-paragraph after the date “1862”, insert—

(ii) in relation to Scotland, means the species listed in Part 1 of Schedule 2 and Schedule 6A to the Wildlife and Countryside Act 1981;

Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

6

In the definition of “General Licence” in Schedule 1 to the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008[^f00012], after “the Scottish Ministers” insert “(or Scottish Natural Heritage or a local authority where the Scottish Ministers have delegated their licence-granting power under section 16A of the Wildlife and Countryside Act 1981)”[^f00013].

PART 3 — REPEALS

PART 4 — REVOCATION

Signed

STEWART STEVENSON — Authorised to sign by the Scottish Ministers — 28th June 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes consequential modifications to primary and secondary legislation in connection with the commencement of provisions of the Wildlife and Natural Environment (Scotland) Act 2011 on 2ndJuly 2012 (article2 and Parts 1 and 2 of the Schedule). The Order also repeals and revokes certain enactments (article 2 and Parts 3 and 4 of the Schedule).

Footnotes

[^f00001]: 2011 asp 6.

[^f00002]: Section42(4) has been modified by paragraph5 of schedule3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp10).

[^f00003]: 1995 c.46 to which there are amendments not relevant to this Order.

[^f00004]: 1981 c.69.

[^f00005]: Section 10A(1), 11G(1), 11I(1) and 14ZC were inserted by the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) (“the 2011 Act”), sections 6(2), 7(3), 8(2) and 14(3) respectively, and section 14A was amended by section 14(4) of the 2011 Act.

[^f00006]: 2010 asp5.

[^f00007]: Section10A was inserted by the Wildlife and Natural Environment (Scotland) Act 2011 (asp6) (“the 2011 Act”), section6(2); sections11A, 11B, 11C and 11E were inserted by the 2011 Act, section13(3); section11G, 11I, 14ZC, 14B and 14K were inserted by the 2011 Act, sections7(3), 8(2), 14(3), 14(5) and 16 respectively; and sections18A and 18B were inserted by the 2011 Act, section24.

[^f00008]: S.I.1994/1404; article 2 was amended by S.I. 1997/2674.

[^f00009]: 1981 c.69; Part 1 of Schedule 2 was amended by the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), section3(7), and Schedule 6A was inserted by section 7(4) of that Act.

[^f00010]: S.I.1994/2716; relevant amendments are made by S.I. 2007/1843 and 2009/1307 and 2438, and by S.S.I. 2004/475, 2007/80, 349, 485, 517 and 570, 2008/17, 425 and 427, and 2009/222 and 343, and 2011/155.

[^f00012]: S.S.I.2008/100; the definition of “General Licence” was inserted by S.S.I.2010/87, regulation6(c).

[^f00013]: Section 16A was inserted by the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), section18(3).