Wildlife and Countryside Act 1981

• (b) subsection (2)(a) has effect in relation to any way so shown with the substitution of that date for the date mentioned there.

• (3) Every order under the foregoing provisions of this Part shall specify, as the relevant date for the purposes of the order, such date, not being earlier than six months before the making of the order, as the authority may determine.

• (3A) Every order to which section 53A applies which includes provision made by virtue of subsection (2) of that section shall specify, as the relevant date for the purposes of the order, such date as the authority may in accordance with regulations made by the Secretary of State determine.

• (4) A document purporting to be certified on behalf of the surveying authority to be a copy of or of any part of a definitive map or statement as modified in accordance with the provisions of this Part shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.

• (4A) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions as to definitive maps and statements.

57

• (1) An order under the foregoing provisions of this Part shall be in such form as may be prescribed by regulations made by the Secretary of State, and shall contain a map, on such scale as may be so prescribed, showing the modifications to which the order relates.

• (2) Regulations made by the Secretary of State may prescribe the scale on which maps are to be prepared under subsection (1) or any other provision of this Part, and the method of showing in definitive maps and statements anything which is required to be so shown.

• (3) Where, in the case of a definitive map and statement for any area which have been modified in accordance with the foregoing provisions of this Part, it appears to the surveying authority expedient to do so, they may prepare a copy of that map and statement as so modified; and where they do so, the map and statement so prepared, and not the map and statement so modified, shall be regarded for the purposes of the foregoing provisions of this Part , and for the purposes of section 57A(1), as the definitive map and statement for that area.

• (3A) Where as respects any definitive map and statement the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, the map and statement are to be regarded for the purposes of subsection (3) as having been modified in accordance with the foregoing provisions of this Part whether or not, as respects the map and statement, the requirements of section 54 have been complied with.

• (4) The statement prepared under subsection (3) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine.

• (5) As regards every definitive map and statement, the surveying authority shall keep—

• (a) a copy of the map and statement; and

• (b) copies of all orders under this Part modifying the map and statement,

available for inspection free of charge at all reasonable hours at one or more places in each district comprised in the area to which the map and statement relate and, so far as appears practicable to the surveying authority, a place in each parish so comprised; and the authority shall be deemed to comply with the requirement to keep such copies available for inspection in a district or parish if they keep available for inspection there a copy of so much of the map and statement and copies of so many of the orders as relate to the district or parish.

• (5A) Subsection (5) shall apply in relation to land in Wales as if “in each district comprised” were omitted.

• (6) Notwithstanding anything in subsection (5), an authority shall not be required to keep available for inspection more than one copy of—

• (a) any definitive map and statement; or

• (b) each order under this Part modifying the map and statement,

if, as respects the area to which that map and statement relate, a subsequent map and statement have been prepared under subsection (3); and the said single copies may be kept in such place in the area of the authority as they may determine.

• (6A) In subsection (1), the reference to an order under the foregoing provisions of this Part includes a reference to so much of an order to which section 53A applies as contains provision made by virtue of subsection (2) of that section; and subsections (5) and (6) apply to—

• (a) orders to which section 53A applies modifying the map and statement, and

• (b) such documents relating to them as may be prescribed by regulations made by the Secretary of State,

as those subsections apply to orders under this Part modifying the map and statement.

• (6B) Regulations under paragraph (b) of subsection (6A) may require any document to be prepared by a surveying authority for the purposes of that paragraph, and any such document shall be in such form as may be prescribed by the regulations.

• (6C) Regulations made by the Secretary of State may require any surveying authority—

• (a) to keep such other documents as may be prescribed by the regulations available for inspection at such times and places and in such manner as may be so prescribed, or

• (b) to provide to any other surveying authority any document so prescribed which that authority is, by regulations under paragraph (a), required to keep available for inspection.

• (7) Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the provisions of this Part including, in particular, section 53(5) and subsection (5).

• (8) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Consolidation of definitive maps and statements.

57A

• (1) Where—

• (a) different definitive maps and statements relate to different parts of a surveying authority’s area,

• (b) as respects so much of each definitive map and statement as relates to that area the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, and

• (c) there is no part of that area to which no definitive map and statement relate,

the authority may, if it appears to them expedient to do so, prepare a map and statement comprising copies of so much of each definitive map and statement as relates to the authority’s area; and where they do so the map and statement so prepared and not, so far as copied, the earlier maps and statements shall be regarded for the purposes of sections 53 to 56 and 57(2) and (3) as the definitive map and statement for the area to which they relate.

• (2) The power conferred by subsection (1) is not exercisable by a surveying authority if the definitive map and statement relating to any part of the authority’s area is a map and statement in respect of which a review under section 33 of the 1949 Act was begun before the commencement date but has been neither abandoned in pursuance of a direction under section 55(1) nor completed.

• (3) References in subsection (1) to a definitive map and statement are, in the case of a map and statement modified in accordance with any of the foregoing provisions of this Part, references to the map and statement as modified.

• (4) The statement prepared under subsection (1) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine.

• (5) Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the preparation by them of any map and statement under subsection (1).

Application of ss. 53 to 57 to inner London.

58

• (1) Subject to subsection (2), the foregoing provisions of this Part shall not apply to any area to which this subsection applies; and this subsection applies to any area which, immediately before 1st April 1965, formed part of the administrative county of London.

• (2) A London borough council may by resolution adopt the said foregoing provisions as respects any part of their area specified in the resolution, being a part to which subsection (1) applies, and those provisions shall thereupon apply accordingly.

• (3) Where by virtue of a resolution under subsection (2), the said foregoing provisions apply to any area, those provisions shall have effect in relation thereto as if for references to the commencement date there were substituted references to the date on which the resolution comes into operation.

Miscellaneous and supplemental

Prohibition on keeping bulls on land crossed by public rights of way.

59

• (1) If, in a case not falling within subsection (2), the occupier of a field or enclosure crossed by a right of way to which this Part applies or a restricted byway permits a bull to be at large in the field or enclosure, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) Subsection (1) shall not apply to any bull which—

• (a) does not exceed the age of ten months; or

• (b) is not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large.

• (3) Nothing in any byelaws, whenever made, shall make unlawful any act which is, or but for subsection (2) would be, made unlawful by subsection (1).

• (4) In this section “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.

• (5) The Secretary of State may by order add any breed to, or remove any breed from, subsection (4); and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60

Ploughing of public rights of way.

61

• (1) Section 134 of the Highways Act 1980 (ploughing of footpath or bridleway) shall have effect subject to the amendments provided for by subsections (2) to (9).

• (2) Subsection (3) (7 days’ notice of intention to plough) shall be omitted.

• (3) In subsection (4) (duty to resore surface of footpath or bridleway), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) not later than 2 weeks from the time when the occupier began to plough the footpath or bridleway, or (b) if prevented from doing so by exceptional weather conditions, as soon as practicable thereafter,

• (4) In subsection (5) (failure to comply with subsection (3) or (4)) the words “(3) or” shall be omitted, for paragraphs (a) and (b) there shall be substituted the words “to a fine not exceeding £200” and for the words “subsection (4)”, in the second place where they occur, there shall be substituted the words “that subsection”.

• (5) After that subsection there shall be inserted the following subsection—

(5A) A person who ploughs any footpath, bridleway or other highway otherwise than in the exercise of a right to plough it shall be guilty of an offence and liable to a fine not exceeding £200.

• (6) In subsection (6) (enforcement of subsections (3) to (5)) for the words “subsections (3) to (5) above as respects any footpath or bridleway” there shall be substituted the words “subsections (4) to (5A) above as respects any footpath, bridleway or other highway”.

• (7) In subsection (7) (proceedings by parish or community councils) after the words “subsection (4)” there shall be inserted the words “or (5A)”.

• (8) In subsection (8) (power of competent authority to restore surface of footpath or bridleway) for the words “footpath or bridleway” there shall be substituted the words “footpath, bridleway or other highway”.

• (9) In subsection (10) (competent authorities for the purposes of subsections (8) and (9)) for the words “footpath or bridleway”, in both places where they occur, there shall be substituted the words “footpath, bridleway or other highway”.

• (10) In section 135(1) of the said Act of 1980 (temporary diversion of footpath or bridleway ploughed up under section 134) the words “6 or” and “6 weeks or” shall be omitted.

Appointment of wardens for public rights of way.

62

A local authority may appoint such number of persons as appears to the authority to be necessary or expedient to act as wardens as respects a footpath, bridleway , restricted byway or byway open to all traffic which is both in the countryside and in the area of the authority, and the purpose for which the wardens may be so appointed is to advise and assist the public in connection with the use of the path or way.

Orders creating, extinguishing or diverting footpaths and bridleways.

63

The enactments mentioned in Schedule 16 (which relate to the making and confirmation of certain orders creating, extinguishing or diverting footpaths and bridleways) shall have effect subject to the amendments provided for in that Schedule.

Publication of dedication of footpaths and bridleways.

64

At the end of section 25 of the Highways Act 1980 (creation of footpath or bridleway by agreement) there shall be inserted the following subsection—

(6) As soon as may be after the dedication of a footpath or bridleway in accordance with a public path creation agreement, the local authority who are party to the agreement shall give notice of the dedication by publication in at least one local newspaper circulating in the area in which the land to which the agreement relates is situated.

Signposting of byways open to all traffic.

65

• (1) In section 27 of the 1968 Act (signposting of footpaths and bridleways) for the words “or bridleway”, wherever they occur, there shall be substituted the words “bridleway or byway” ; and for the words “and bridleways” in subsection (6) of that section there shall be substituted the words “bridleways and byways”.

• (2) After subsection (7) of that section there shall be inserted the following subsection—

(8) In this section “byway” means a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used.

Interpretation of Part III.

66

• (1) In this Part—

• “bridleway” means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway;

• “byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used;

• “definitive map and statement” has the meaning given by section 53(1);

• “footpath” means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road;

• “horse” includes a pony, ass and mule, and “horseback” shall be construed accordingly;

• “public path” means a highway being either a footpath or a bridleway;

• “restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;

• “right of way to which this Part applies” means a right of way such that the land over which the right subsists is a public path or a byway open to all traffic;

• “surveying authority”, in relation to any area, means the county council, county borough council, metropolitan district council, or London borough council whose area includes that area.

• (2) A highway at the side of a river, canal or other inland navigation shall not be excluded from any definition contained in subsection (1) by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover.

• (3) The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part.

Part IV — Miscellaneous and General

Application of Part 1 to Crown

66A

• (1) Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown.

• (2) No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

• (3) Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons.

• (4) But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown.

• (5) Nothing in this Part affects Her Majesty in her private capacity.

• (6) Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

Application of Part 1 to Crown: Scotland

66B

• (1) Subject to subsections (2) to (5), Part 1 (including regulations and orders made under it) bind the Crown.

• (2) No contravention by the Crown of any provision made by or under Part 1 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.

• (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—

• (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

• (d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

• (7) In this section, the “appropriate authority”—

• (a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;

• (b) in the case of any other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration who or, as the case may be, government department which manages the land or the relevant person;

• (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.

• (7A) In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

• (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.

Application of Parts 2 and 3 to Crown land

67

• (1) Subject to the following provisions of this section, Part II, except section 51, and Part III shall apply to Crown land, that is to say, land an interest in which belongs to Her Majesty in the right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for Her Majesty for the purposes of a Government department.

• (1A) An interest in Crown land, other than one held by or on behalf of the Crown, may be acquired under section 28N, but only with the consent of the appropriate authority.

• (1B) Byelaws made by virtue of section 28R may apply to Crown land if the appropriate authority consents.

• (2) No order shall be made under section . . . 34 . . . or 42 in relation to Crown land unless the appropriate authority has consented to the making of that order.

• (3) An agreement under section 39 as respects any interest in Crown land, other than an interest held by or on behalf of the Crown, shall not have effect unless approved by the appropriate authority.

• (4) Section 101(11) of the 1949 Act (Crown land) shall apply for the construction of references in this section to the appropriate authority.

Application to the Isles of Scilly.

68

The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide for the application of the provisions of Part II or III to the Isles of Scilly as if those Isles were a separate county; any any such order may provide for the application of those provisions to those Isles subject to such modifications as may be specified in the order.

Offences by bodies corporate etc.

69

• (1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Offences by Scottish partnerships etc.

69A

Where a Scottish partnership or other unincorporated association is guilty of an offence under Part 1 of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) in relation to a Scottish partnership, any partner or any person who was purporting to act in such capacity;

• (b) in relation to an unincorporated association other than a Scottish partnership, any person who is concerned in the management or control of the association or any person who was purporting to act in any such capacity,

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

Financial provisions.

70

• (1) There shall be defrayed out of money provided by Parliament—

• (a) any administrative expenses incurred by any Minister of the Crown under this Act; and

• (b) any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.

• (2) Any sums received by a Minister of the Crown under this Act shall be paid into the Consolidated Fund.

Service of notices.

70A

• (1) Subject to subsection (2), section 329 of the Town and Country Planning Act 1990 and section 271 of the Town and Country Planning (Scotland) Act 1997 (which provide for the service of notices and other documents) shall apply to notices and other documents required or authorised to be served or given under this Act.

• (2) Subsections (2) and (3) of the said section 329 shall not apply to a notice required to be served under paragraph 2 of Schedule 14.

• (2A) Subsection (1)(cc) of the said section 271 shall not apply to a notice required to be served under section 14G.

• (2B) Subsection (2) of the said section 271 shall not apply to a notice required to be served under section 14D(5)(a).

• (3) This section shall not affect the operation of paragraph 2(4) of Schedule 11 or paragraph 3(4) of Schedule 15.

Effect of failure to serve certain notices

70B

• (1) This section applies where the relevant conservation body—

• (a) has (whether before or after the commencement of this section) taken all reasonable steps to ensure that, under any provision listed in subsection (2), notice is served on every owner and occupier of any land to which the notice relates, but

• (b) has failed to do so.

• (2) The provisions are—

• (a) section 28(1) (notification of SSSI);

• (b) section 28(5) (confirmation or withdrawal of notification of SSSI);

• (c) section 28A(3) (notice varying notification under section 28);

• (d) section 28A(5) (notice confirming or withdrawing variation of notification);

• (e) section 28B(2) (notification of additional land to be included in SSSI);

• (f) section 28B(7) (confirmation or withdrawal of notification);

• (g) section 28C(2) (notification of enlargement of SSSI);

• (h) section 28C(3) (confirmation or withdrawal of notification of enlargement);

• (i) section 28D(2) (denotification);

• (j) section 28D(5) (withdrawal or confirmation of denotification);

• (k) section 28J(3) (notice of proposed management scheme);

• (l) section 28J(8) (withdrawal or confirmation of management scheme).

• (3) The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land.

• (4) For the purposes of sections 28 to 28Q, the time when the notice is to be treated as having been served is the time when the relevant conservation body took the last of the steps referred to in subsection (1)(a).

• (5) If the relevant conservation body becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier.

• (6) Nothing in subsection (3) or (4) renders the owner or occupier liable—

• (a) in relation to anything done or omitted to be done before the commencement of this section, or

• (b) under section 28P(1) or 28Q(4) in relation to anything done or omitted to be done before the copy of the notice is served under subsection (5).

• (7) “The relevant conservation body” means—

• (a) in relation to land in an area in England—

• (i) subject to sub-paragraph (ii), Natural England;

• (ii) in relation to any time before the commencement of section 27AA, English Nature;

• (b) in relation to land in an area in Wales, the Natural Resources Body for Wales.

General interpretation.

71

• (1) In this Act—

• “the 1949 Act” means the National Parks and Access to the Countryside Act 1949;

• “the 1968 Act” means the Countryside Act 1968;

• “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.

• “the commencement date”, in relation to any provision of this Act and any area, means the date of the coming into force of that provision in that area;

• “London borough council” includes the Common Council of the City of London;

• “modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;

• .

• (2) For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae.

Minor amendments.

72

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 20(2) of the Hill Farming Act 1946 (penalty for contravening regulations with respect to the burning of heather and grass) as originally enacted for the words from “five pounds” onwards there shall be substituted the words “£200”.

• (3) In sections 27 of that Act (penalty for contravening the provisions of that Act relating to muirburn) for the words from “five pounds” onwards there shall be substituted the words “£200”.

• (4) In section 39 of the Agriculture (Scotland) Act 1948 for the words “the First Schedule to the Protection of Birds Act 1954” there shall be substituted the words “Schedule I to the Wildlife and Countryside Act 1981”.

• (5) In section 11(1) of the 1949 Act (general powers of local planning authorities in relation to National Parks) after the word “accomplishment” there shall be inserted the words “of any”.

• (6) In section 74(4) of the Public Health Act 1961 (power to reduce numbers of pigeons and other birds in built-up areas), for the words “the Protection of Birds Act 1954” there shall be substituted the words “Part I of the Wildlife and Countryside Act 1981”.

• (7) In section 2(8) of the 1968 Act (publicity and information services) for the words from “encouraging” onwards there shall be substituted the words “informing persons resorting to the countryside of their rights and obligations”.

• (8) In section 15(1) of that Act (areas of special scientific interest) the words “which is not for the time being managed as a nature reserve but” shall be omitted.

• (9) In section 37 of that Act (protection for interests in the countryside) for the words “and the Act of 1949” there shall be substituted the words “the Act of 1949 and the Wildlife and Countryside Act 1981”.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) In section 31(10) of the Highways Act 1980 (dedication of way as highway presumed after public use for 20 years), for the words from “subsection (4)” to “that section” there shall be substituted the words “section 56(1) of the Wildlife and Countryside Act 1981 (which provides that a definitive map and statement” and the words “or of that subsection” onwards shall be omitted.

• (12) Section 80 of that Act (power of highway authority to fence highways) shall have effect in relation to any area in the countryside of which walls of a particular construction are a feature, as if references to fences included references to walls of that construction ; and in exercising their powers under that section in relation to any such area, a highway authority shall have regard to the desirability of exercising the powers conferred by the foregoing provisions of this subsection.

• (13) In section 136(4) of that Act (time when hedges may not be required to be cut or pruned) immediately before the words “between the last day of September and the first day of April” there shall be inserted the word “except”.

• (14) In section 4(5) of the Zoo Licensing Act 1981 (grant or refusal of licence) the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975 shall be omitted and there shall be added at the end the following entry—

“Part I of the Wildlife and Countryside Act 1981”.

Repeals and savings.

73

• (1) The enactments mentioned in Schedule 17 are hereby repealed to the extent specified in the third column of that Schedule.

• (2) Nothing in the repeals made by this section shall affect the operation of sections 27 to 32 of the 1949 Act in relation to any survey begun before the commencement date.

• (3) Nothing in the repeals made by this section shall affect the operation of sections 33 and 34 of the 1949 Act and Parts II, III, and IV of Schedule 3 to the 1968 Act in relation to any review begun before the commencement date.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short title commencement and extent.

74

• (1) This Act may be cited as the Wildlife and Countryside Act 1981.

• (2) The following provisions of this Act, namely—

shall come into force on the expiration of the period of one month beginning with the passing of this Act.

• (3) The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed under this subsection for different provisions, different purposes or different areas.

• (4) An order under subsection (3) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force.

• (5) The following provisions of this Act, namely—

• (5A) Sections 29 and 30 extend to Scotland only.

• (6) This Act, except section 15(1) and Schedule 10 and, so far as regards any enactment mentioned in Schedule 17 that so extends, section 73 and that Schedule, does not extend to Northern Ireland.

SCHEDULE ZA1 — Birds which re-use their nests

NOTE: The common name or names given in the first column 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.	NOTE: The common name or names given in the first column 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.
Common name	Scientific name
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Osprey	Pandion haliaetus

SCHEDULE A1 — Protected nests and nest sites: birds

Common name	Scientific name
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla

SCHEDULE 1 — Birds which are Protected by Special Penalties

Part I — At All Times

Common name	Scientific name
Avocet	Recurvirostra avosetta
Bee-eater	Merops apiaster
Bittern	Botaurus stellaris
Bittern, Little	Ixobrychus minutus
Bluethroat	Luscinia svecica
Brambling	Fringilla montifringilla
Bunting, Cirl	Emberiza cirlus
Bunting, Lapland	Calcarius lapponicus
Bunting, Snow	Plectrophenax nivalis
Buzzard, Honey	Pernis apivorus
Capercaillie	Tetracurogallus
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
Crake, Spotted	Porzana porzana
Crossbills (all species)	Loxia
Curlew, Stone	Burhinus oedicnemus
Divers (all species)	Gavia
Dotterel	Charadrius morinellus
Duck, Long-tailed	Clangula hyemalis
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Falcon, Gyr	Falco rusticolus
Fieldfare	Turdus pilaris
Firecrest	Regulus ignicapillus
Garganey	Anas querquedula
Godwit, Black-tailed	Limosa limosa
Goshawk	Accipiter gentilis
Grebe, Black-necked	Podiceps nigricollis
Grebe, Slavonian	Podiceps auritus
Greenshank	Tringa nebularia
Gull, Little	Larus minutus
Gull, Mediterranean	Larus melanocephalus
Harriers (all species)	Circus
Heron, Purple	Ardea purpurea
Hobby	Falco subbuteo
Hoopoe	Upupa epops
Kingfisher	Alcedo atthis
Kite, Red	Milvus milvus
Merlin	Falco columbarius
Oriole, Golden	Oriolus oriolus
Osprey	Pandion haliaetus
Owl, Barn	Tyto alba
Owl, Snowy	Nyctea scandiaca
Peregrine	Falco peregrinus
Petrel, Leach’s	Oceanodroma leucorhoa
Phalarope, Red-necked	Phalaropus lobatus
Plover, Kentish	Charadrius alexandrinus
Plover, Little Ringed	Charadrius dubius
Quail, Common	Coturnix coturnix
Redstart, Black	Phoenicurus ochruros
Redwing	Turdus iliacus
Rosefinch, Scarlet	Carpodacus erythrinus
Ruff	Philomachus pugnax
Sandpiper, Green	Tringa ochropus
Sandpiper, Purple	Calidris maritima
Sandpiper, Wood	Tringa glareola
Scaup	Aythya marila
Scoter, Common	Melanitta nigra
Scoter, Velvet	Melanitta fusca
Serin	Serinus serinus
Shorelark	Eremophila alpestris
Shrike, Red-backed	Lanius collurio
Spoonbill	Platalea leucorodia
Stilt, Black-winged	Himantopus himantopus
Stint, Temminck’s	Calidris temminckii
Swan, Bewick’s	Cygnus bewickii
Swan, Whooper	Cygnus cygnus
Tern, Black	Chlidonias niger
Tern, Little	Sterna albifrons
Tern, Roseate	Sterna dougallii
Tit, Bearded	Panurus biarmicus
Tit, Crested	Parus cristatus
Treecreeper, Short-toed	Certhia brachydactyla
Warbler, Cetti’s	Cettia cetti
Warbler, Dartford	Sylvia undata
Warbler, Marsh	Acrocephalus palustris
Warbler, Savi’s	Locustella luscinioides
Whimbrel	Numenius phaeopus
Woodlark	Lullula arborea
Wryneck	Jynx torquilla

Part II — During the Close Season

Common name	Scientific name
Goldeneye	Bucephala clangula
Goose, Greylag (in Outer Hebrides, Caithness, Sutherland and Wester Ross only)	Anser anser
Pintail	Anas acuta

Note. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the comon name or names shall not be taken into account.

SCHEDULE 1A — Birds which are Protected from Harassment

Common name	Scientific name
Eagle, Golden	Aquila chrysaetos
Eagle, White-tailed	Haliaetus albicilla
Harrier, Hen	Circus cyaneus
Kite, Red	Milvus milvus

SCHEDULE 2 — Birds which may be Killed or Taken

Part I — Outside the Close Season

Common name	Scientific name
Capercaillie	Tetrao urogallus
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Gadwall	Anas strepera
Goldeneye	Bucephala clangula
Goose, Canada	Branta canadensis
Goose, Greylag	Anser anser
Goose, Pink-footed	Anser brachyrhynchus
Goose, White-fronted (in England and Wales only) , except ... Greenland White-fronted Goose	Anser albifrons except ... Anser albifrons flavirostris
Grouse, Black	Tetrao tetrix
Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Moorhen	Gallinula chloropus
Partridge, Grey	Perdix perdix
Partridge, Red-legged	Alectoris rufa
Pheasant, Common	Phasianus colchicus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Ptarmigan	Lagopus mutus
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Part IA — Exception: birds included in Part I which may not be killed or taken on Sundays or Christmas Day

Common name	Scientific name
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Gadwall	Anas strepera
Goldeneye	Bucephala clangula
Goose, Canada	Branta canadensis
Goose, Greylag	Anser anser
Goose, Pink-footed	Anser brachyrhynchus
Mallard	Anas platyrhynchos
Moorhen	Gallinula chloropus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Part 1B — Birds included in Part 1 which may only be killed or taken on land with section 16AA licence

Common name	Scientific name
Grouse, red	Lagopus lagopus scoticus

Part II — By Authorised Persons at all Times

Common name	Scientific name
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .

Note. The common name or names given in the first column 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 3 — Birds which may be Sold

Part I — Alive at all Times if Ringed and Bred in Captivity

Common name	Scientific name
Blackbird	Turdus merula
Brambling	Fringilla montifringilla
Bullfinch	Pyrrhula pyrrhula
Bunting, Reed	Emberiza schoeniclus
Chaffinch	Fringilla coelebs
Dunnock	Prunella modularis
Goldfinch	Carduelis carduelis
Greenfinch	Carduelis chloris
Jackdaw	Corvus monedula
Jay	Garrulus glandarius
Linnet	Carduelis cannabina
Magpie	Pica pica
Owl, Barn	Tyto alba
Redpoll	Carduelis flammea
Siskin	Carduelis spinus
Starling	Sturnus vulgaris
Thrush, Song	Turdus philomelos
Twite	Carduelis flavirostris
Yellowhammer	Emberiza citrinella

Part IA — Alive if taken in captivity or by certain persons outside close season or during first 28 days of close season

Common name	Scientific name
Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Partridge, Grey	Perdix perdix
Partridge, Red-legged	Alectoris rufa
Pheasant, Common	Phasianus colchicus

Part II — Dead at all Times

Common name	Scientific name
. . .	. . .
Woodpigeon	Columba palumbus

Part IIA — Dead if killed outside close season by certain persons

Common name	Scientific name
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Grouse, Black	Tetrao tetrix
Grouse, Red	Lagopus lagopus scoticus
Mallard	Anas platyrhynchos
Partridge, Grey	Perdix perdix
Partridge, Red-legged	Alectoris rufa
Pheasant, Common	Phasianus colchicus
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Ptarmigan	Lagopus mutus
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Part III — Dead from 1st September to 28th February

Common name	Scientific name
Capercaillie	Tetrao urogallus
Coot	Fulica atra
Duck, Tufted	Aythya fuligula
Mallard	Anas platyrhynchos
Pintail	Anas acuta
Plover, Golden	Pluvialis apricaria
Pochard	Aythya ferina
Shoveler	Anas clypeata
Snipe, Common	Gallinago gallinago
Teal	Anas crecca
Wigeon	Anas penelope
Woodcock	Scolopax rusticola

Note. The common name or names given in the first column 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 4 — Birds Which Must Be Registered and Ringed if Kept in Captivity

Common name	Scientific name
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
Falcons (all species)	Falconidae
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
Hawks, True (except Old world vultures) that is to say, Buzzards, Eagles, Harriers, Hawks and Kites (all species in each case)	Accipitridae (except the genera Aegypius, Gypaetus, Gypohierax, Gyps, Neophron, Sarcogyps and Trigonoceps)
. . .	. . .
. . .	. . .
. . .	. . .
Osprey	Pandion haliaetus
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .

Note. The common name or names given in the first column 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 5 — Animals which are Protected

Common name	Scientific name
Adder (in respect of section 9(5) only)	Vipera berus
Allis Shad (in respect of section 9(1) and (4)(a) only)	Alosa alosa
Anemone, Ivell’s Sea	Edwardsia ivelli
Anemone, Startlet Sea	Nematosella vectensis
Apus	Triops cancriformis
Bats, Horseshoe (all species but in respect of section 9(4)(b) and (c) and (5) only)	Rhinolophidae
Bats, Typical (all species but in respect of section 9(4)(b) and (c) and (5) only)	Vespertilionidae
Beetle	Graphoderus zonatus
Beetle	Hypebaeus flavipes
Beetle	Paracymus aeneus
Beetle, Lesser Silver Water	Hydrochara caraboides
Beetle, Mire Pill (in respect of section 9(4)(a) only)	Curimopsis nigrita
Beetle, Rainbow Leaf	Chrysolina cerealis
Beetle, Stag (in respect of section 9(5) only)	Lucanus cervus
Beetle, Violet Click	Limoniscus violaceus
Burbot	Lota lota
. . .	. . .
Butterfly, Northern Brown Argus	Aricia artaxerxes
Butterfly, Adonis Blue	Lysandra bellargus
Butterfly, Chalkhill Blue	Lysandra coridon
Butterfly, Silver-studded Blue	Plebejus argus
Butterfly, Small Blue	Cupido minimus
Butterfly, Large Copper	Lycaena dispar
Butterfly, Purple Emperor	Apatura iris
Butterfly, Duke of Burgandy Fritillary	Hamearis lucina
Butterfly, Glanville Fritillary	Melitaea cinxia
Butterfly, Heath Fritillary	Mellicta athalia (otherwise known as Melitaea athalia)
Butterfly, High Brown Fritillary	Argynnis adippe
Butterfly, Marsh Fritillary	Eurodryas aurinia
Butterfly, Pearl-bordered Fritillary	Boloria euphrosyne
Butterfly, Black Hairstreak	Strymonidia pruni
Butterfly, Brown Hairstreak	Thecla betulae
Butterfly, White Letter Hairstreak	Stymonida w-album
Butterfly, Large Heath	Coenonympha tullia
Butterfly, Large Blue (in respect of section 9(4)(b) and (c) and (5) only)	Maculinea arion
Butterfly, Mountain Ringlet	Erebia epiphron
. . .	. . .
Butterfly, Chequered Skipper	Carterocephalus palaemon
Butterfly, Lulworth Skipper	Thymelicus acteon
Butterfly, Silver Spotted Skipper	Hesperia comma
Butterfly, Swallowtail	Papilio machaon
Butterfly, Large tortoiseshell	Nymphalis polychloros
Butterfly, Wood White	Leptidea sinapis
Cat, Wild (in respect of section 9(4)(b) and (c) and (5) only)	Felis silverstris
Cicada, New Forest	Cicadetta montana
Crayfish, Atlantic Stream	Austropotamobius pallipes
Cricket, Field	Gryllus campestris
Cricket, Mole	Gryllotalpa gryllotalpa
Dameselfly, Southern	Coenagrion mercuriale
. . .	. . .
. . .	. . .
“Dolphins (all species but in respect of section 9(4A) and (5) only)	Cetacea”
Dormouse (in respect of section 9(4)(b) and (c) and (5) only)	Muscardinus avellanarius
Dragonfly, Norfolk Aeshna	Aeshna isosceles
Frog, Common (in respect of section 9(5) only)	Rana temporaria
Frog, Pool (Northern Clade) (in respect of section 9(4)(b) and (c)(1) only and with respect to England only)	Pelophylax lessonae
Goby, Couch’s	Gobius couchii
Goby, Giant	Gobius cobitis
Grasshopper, Wart-biter	Decticus verrucivorus
Hatchet Shell, Northern	Thyasira gouldi
Hydroid, Marine	Clavopsella navis
. . .	. . .
Lagoon Snail, De Folin’s	Caecum armoricum
Lagoon Worm, Tentacled (in respect of section 9(4)(a) only)	Alkmaria romijni
Leech, Medicinal	Hirudo medicinalis
Lizard, Sand (in respect of section 9(4)(b) and (c) and (5) only)	Lacerta agilis
Lizard, Viviparous (in respect of section 9(5) only)	Lacerta vivipara
Marten, Pine	Martes martes
Mat. Trembling Sea	Victorella pavida
Moth, Barberry Carpet	Pareulype berberata
Moth, Black-veined	Siona lineata (otherwise known as Idaea lineata)
. . .	. . .
Moth, Fiery Clearwing	Bembecia chrysidiformis
Moth, Fisher’s Estuarine(in respect of section 9(4)(b) and (c) and (5) only)	Gortyna borelii
Moth, New Forest Burnet	Zygaena viciae
Moth, Reddish Buff	Acosmetia caliginosa
Moth, Slender Scotch Burnet (in respect of section 9(5) only)	Zygaena loti subspecies scotica
Moth, Sussex Emerald	Thalera fimbrialis
Moth, Talisker Burnet (in respect of section 9(5) only)	Zygaena lonicerae subspecies jocelynae
. . .	. . .
Mussel, Fan (in respect of section 9(1), (2) and (5) only)	Atrina fragilis
Mussel, Freshwater Pearl	Margaritifera margaritifera
Newt, Great Crested or Warty (in respect of section 9(4)(b) and (c) and (5) only)	Triturus cristatus
Newt, Palmate (in respect of section 9(5) only)	Triturus helveticus
Newt, Smooth (in respect of section 9(5) only)	Triturus vulgaris
Otter, Common (in respect of section 9(4)(b) and (c) and (5) only)	Lutra lutra
. . .	. . .
“Porpoises (all species but in respect of section 9(5) only)	Cetacea”
Sandworm, Lagoon	Armandia cirrhosa
Sea Fan, Pink (in respect of section 9(1), 9(2) and 9(5) only	Eunicella verrucosa
Seahorse, Short Snouted (with respect to England and Walesonly)	Hippocampus hippocampus
Seahorse, Spiny (with respect to England and Walesonly)	Hippocampus guttulatus
Sea Slug, Lagoon	Tenellia adspersa
Shad, Twaite (in respect of section 9(1) and (4)(a)only)	Alosa fallax
Shark, Angel (in respect of section 9(1), (2) and (5) only)	Squatina squatina
Shark, Basking	Cetorhinus maximus
Shrimp, Fairy	Chirocephalus diaphanus
Shrimp, Lagoon Sand (in respect of section 9(4)(a) only)	Gammarus insensiblis
Skate, White (in respect of section 9(1), (2) and (5) only)	Rostroraja alba
Slow-worm (in respect of section 9(5) only)	Anguis fragilis
. . .	. . .
Snail, Glutinous	Myxas glutinosa
Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England and Walesonly)	Helix pomatia
Snail, Sandbowl	Catinella arenaria
Snake, Grass (in respect of section 9(5) only)	Natrix helvetica (also known as Natrix natrix)
Snake, Smooth (in respect of section 9(4)(b) and (c) and (5) only)	Coronella austriaca
Spider, Fen Raft	Dolomedes plantarius
Spider, Ladybird	Eresus niger
Squirrel, Red	Sciurus vulgaris
Sturgeon (in respect of section 9(4)(b) and (c) and (5) only)	Acipenser sturio
Toad, Common (in respect of section 9(5) only)	Bufo bufo
Toad, Natterjack (in respect of section 9(4)(b) and (c) and (5) only)	Bufo calamita
“Turtle, Flatback	Natator depressus”
Turtle, Green Sea (in respect of section 9(4)(b) and (c) and (5) only)	Chelonia mydas
Turtle, Hawksbill (in respect of section 9(4)(b) and (c) and (5) only)	Eretmochelys imbricata
Turtle, Kemp's Ridley Sea (in respect of section 9(4)(b) and (c) and (5) only)	Lepidochelys kempii
Turtle, Leatherback Sea (in respect of section 9(4)(b) and (c) and (5) only)	Dermochelys coriacea
Turtle, Loggerhead Sea (in respect of section 9(4)(b) and (c) and (5) only)	Caretta caretta
Turtle, Olive Ridley	Lepidochelys olivacea
. . .	. . .
Vendace	Coregonus albula
Vole, Water . . .	Arvicola terrestris
Walrus	Odebenus rosmarus
Whale (all species) but in respect of section 9(4A) and (5) only	Cetacea
Whitefish	Coregonus lavaretus

Note. The common name or names given in the first column 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.

NOTE 2. ...

SCHEDULE 5A — Animals which are Protected under Section 10A in their Close Season

Common name	Scientific name
. . .	. . .
Hare, brown	Lepus europaeus

SCHEDULE 6 — Animals which may not be Killed or Taken by Certain Methods

Common name	Scientific name
Badger	Meles meles
Bats, Horseshoe (all species)	Rinolophidae
Bats, Typical (all species)	Vespertilionidae
Cat, Wild	Felis silvestris
Dolphin, Bottle-nosed	Tursiops truncatus (otherwise known as Tursiops tursio)
Dolphin, Common	Delphinis delphis
Dormice (all species)	Gliridae
Hedgehog	Erinaceus europaeus
Marten, Pine	Martes martes
Otter, Common	Lutra lutra
Polecat	Mustela putorius
Porpoise, Harbour (otherwise known as Common porpoise)	Phocaena phocaena
Shrews (all species)	Soricidae
Squirrel, Red	Sciurus vulgaris

Note. The common name or names given in the first column 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.

SCHEDULE6ZA — Animals which may not be killed or taken by trapping or snaring

Common name	Scientific name
Badger	Meles meles
Beaver, European	Castor fiber
Marten, Pine	Martes martes
Otter, Common	Lutra lutra
Stoat (otherwise known as Ermine)	Mustela erminea

NOTE. The common name or names given in the first column 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 6A — Animals not to be Poached

Common name	Scientific name
Hare, mountain	Lepus timidus
Hare, brown	Lepus europaeus
Rabbit	Oryctolagus cuniculus

SCHEDULE 7 — Protection of Certain Mammals Amendment of Acts In Relation To Night Shooting of Hares and Rabbits

The Ground Game Act 1880

1

• (1) Notwithstanding the provisions of section 6 of the Ground Game Act 1880, it shall not be unlawful for the occupier of any land himself, or one other person authorised by him under section 1 of that Act, to use firearms for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise if (except where he has the exclusive right) the occupier has the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.

• (2) In this paragraph “ ground game ” means hares and rabbits.

The Agriculture (Scotland) Act 1948

2

• (1) Notwithstanding the provisions of section 50(1)(a) of the Agriculture (Scotland) Act 1948, it shall not be unlawful for the owner of the shooting rights on any land or any person holding those rights from him, or subject to sub-paragraph (2) below the occupier of any land, to use a firearm for the purpose of killing ground game thereon between the expiration of the first hour after sunset and the commencement of the last hour before sunrise.

• (2) The occupier of any land shall not use a firearm as mentioned in sub-paragraph (1) above unless (except where he has the exclusive right) he has first obtained the written authority of the other person or one of the other persons entitled to kill and take the ground game on the land.

• (3) An occupier who is entitled, in terms of this paragraph, to use a firearm for the purpose of killing ground game may, subject to the provisions of section 1 of the Ground Game Act 1880, authorise one other person so to use a firearm.

• (4) In this paragraph “ ground game ” means hares and rabbits.

The Dogs (Protection of Livestock) Act 1953

3

• (1) At the end of subsection (2) of section 1 of the Dogs (Protection of Livestock) Act 1953 (penalty where dog worries livestock on agricultural land) there shall be inserted the words

or (c) being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep

• (2) After that subsection there shall be inserted the following subsection—

(2A) Subsection (2)(c) of this section shall not apply in relation to— (a) a dog owned by, or in charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either of those persons ; or (b) a police dog, a guide dog, a trained sheep dog, a working gun dog or a pack of hounds.

The Deer Act 1963

4

For subsection (3) of section 10 of the Deer Act 1963 (general exceptions) there shall be substituted the following subsections—

(3) A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of any smooth-bore gun for the purpose of killing any deer if he shows that the deer had been so seriously injured otherwise than by his unlawful act or was in such a condition that to kill it was an act of mercy. (4) A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use as a slaughtering instrument, for the purpose of killing any deer, of a smooth-bore gun which— (a) is of not less gauge than 12 bore ; (b) has a barrel less than 24 inches (609.6 millimetres) in length ; and (c) is loaded with a cartridge purporting to contain shot none of which is less than .203 inches (5.16 millimetres) in diameter (that is to say, size AAA or any larger size).

5

• (1) After section 10 of that Act there shall be inserted the following section—

(10A) (1) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of— (a) the taking of killing of any deer by means of shooting ; or (b) the injuring of any deer by means of shooting in an attempt to take or kill it, on any cultivated land, pasture or enclosed woodland. (2) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 1 of this Act by reason of— (a) the taking or killing of any deer by means of shooting ; or (b) the injuring of any deer by means of shooting in an attempt to take or kill it, on any cultivated land, pasture or enclosed woodland. (2) Subject to subsection (3) of this section an authorised person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use, for the purpose of taking or killing any deer on any land, of any smooth-bore gun of not less guage than 12 bore which is loaded with— (a) a cartridge containing a single non-spherical projectile weighing not less than 350 grains (22.68 grammes) ; or (b) a cartridge purporting to contain shot each of which is .203 inches (5.16 millimetres) in diameter (that is to say, size AAA). (3) An authorised person shall not be entitled to rely on the defence provided by subsection (1) or (2) of this section as respects anything done in relation to any deer on any land unless he shows that— (a) he had reasonable grounds for believing that caused, damage to crops, vegetables, fruit, growing timber or any other form of property on the land ; (b) it was likely that further damage would be so caused and any such damage was likely to be serious ; and (c) his action was necessary for the purpose of preventing any such damage. (4) The Secretary of State and the agriculture Minister acting jointly may by order, either generally or in relation to any area or any species and description of deer specified in the order, repeal subsection (2) of this section or amend it by adding any firearm or ammunition or by altering the description of, or deleting, any firearm or ammunition mentioned in it, or by adding any further conditions which must be satisfied. (5) Before making an order under subsection (4) of this section, the Secretary of State and the agriculture Minister shall consult organisations that appear to them to represent persons likely to be interested in or affected by the order. (6) In this section— “ agriculture Minister ” means the Minister of Agriculture Fisheries and Food in relation to England and the Secretary of State for Wales in relation to Wales ; “ authorised person ”means— (a) the occupier of the land on which the action is taken ; (b) any member of the occupier’s household normally resident on the occupier’s land, acting with the written authority of the occupier ; (c) any person in the ordinary service of the occupier on the occupier’s land, acting with the written authority of the occupier ; or (d) any person having the right to take or kill deer on the land on which the action is taken or any person acting with the written authority of a person having that right.

• (2) In sections 1(1) and 3(1) of that Act for the words “sections 10 and 11” there shall be substituted the words “sections 10, 10A and 11”.

• (3) For subsection (1) of section 12 of that Act (orders) there shall be substituted the following subsections—

(1) Any power to make orders under this Act shall be exercisable by statutory instrument. (1A) A statutory instrument containing an order under section 1(2) or 3(4) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament. (1B) No order under section 10A(4) of this Act shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

6

• (1) In paragraph 1 of Schedule 2 to that Act (prohibited firearms and ammunition) the words “of less guage than 12 bore” shall be omitted.

• (2) In paragraph 4 of that Schedule the words from “other than” onwards shall be omitted.

The Conservation of Seals Act 1970

7

• (1) In subsection (1)(c) of section 10 of the Conservation of Seals Act 1970 (power to grant licences), the word “or” immediately following sub-paragraph (ii) shall be omitted and after sub-paragraph (iii) there shall be inserted the words

or (iv) the protection of flora or fauna in an area to which subsection (4) of this section applies,

• (2) In subsection (3)(b) of that section for the words from “a nature reserve” onwards there shall substituted the words “an area to which subsection (4) of this section applies”.

• (3) After subsection (3) of that section there shall be inserted the following subsection—

(4) This subsection applies to any area which— (a) is a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 ; (b) has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest) ; (c) is an area to which section 29(3) of that Act (special protection for certain areas of special scientific interest) applies ; or (d) has been designated as a marine nature reserve under section 36 of that Act.

The Badgers Act 1973

8

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9

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10

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11

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12

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SCHEDULE 8 — Plants which are Protected

Common name	Scientific name
Adder’s-tongue, Least	Ophioglossum lusitanicum
Alison, Small	Alyssum alyssoides
Anomodon, Long-leaved	Anomodon longifolius
Beech-lichen, New Forest	Enterographa elaborata
Blackwort	Southbya nigrella
Bluebell (in respect of section 13(2) only)	Hyacinthoides non-scripta
Bolete, Royal	Boletus regius
Broomrape, Bedstraw	Orobanche caryophyllacea
Broomrape, Oxtongue	Orobanche loricata
Broomrape, Thistle	Orobanche reticulata
Cabbage, Lundy	Rhynchosinapis wrightii
Calamint, Wood	Calamintha sylvatica
Caloplaca, Snow	Caloplaca nivalis
Catapyrenium, Tree	Catapyrenium psoromoides
Catchfly, Alpine	Lychnis alpina
Catillaria, Laurer’s	Catellaria laurei
Centaury, Slender	Centaurium tenuiflorum
Cinquefoil, Rock	Potentilla rupestris
Cladonia, Convoluted	Cladonia convoluta
Cladonia, Upright Mountain	Cladonia stricta
Clary, Meadow	Salvia pratensis
Club-rush, Triangular	Scirpus triquetrus
Colt’s-foot, Purple	Homogyne alpina
Cotoneaster, Wild	Cotoneaster integerrimus
Cottongrass, Slender	Eriophorum gracile
Cow-wheat, Field	Melampyrum arvense
Crocus, Sand	Romulea columnae
Crystalwort, Lizard	Riccia bifurca
Cudweed, Broad-leaved	Filago pryamidata
Cudweed, Jersey	Gnaphalium luteoalbum
Cudweed, Red-tipped	Filago lutescens
Cut-grass	Leersia oryzoides
Deptford Pink (in respect of England and Wales only)	Dianthus armeria
Diapensia	Diapensia lapponica
Dock, Shore (in respect of section 13(2) only)	Rumex rupestris
Earwort, Marsh	Jamesoniella undulifolia
Eryngo, Field	Eryngium campestre
Feather-moss, Polar	Hygrohypnum polare
Fern, Dickie’s Bladder	Cystopteris dickieana
Fern, Killarney (in respect of section 13(2) only)	Trichomanes speciosum
Flapwort, Norfolk	Leiocolea rutheana
Fleabane, Alpine	Erigeron borealis
Fleabane, Small	Pulicaria vulgaris
Frostwort, Pointed	Gymnomitrion apiculatum
Fungus, Hedgehog	Hericium erinaceum
Galingale, Brown	Cyperus fuscus
Gentian, Alpine	Gentiana nivalis
Gentian, Dune	Gentianella uliginosa
Gentian, Early (in respect of section 13(2) only)	Gentianella anglica
Gentian, Fringed	Gentianella ciliata
Gentian, Spring	Gentiana verna
Germander, Cut-leaved	Teucrium botrys
Germander, Water	Teucrium scordium
Gladiolus, Wild	Gladiolus illyricus
Goblin Lights	Catolechia wahlenbergii
Goosefoot, Stinking	Chenopodium vulvaria
Grass-poly	Lythrum hyssopifolia
Grimmia, Blunt-leaved	Grimmia unicolor
Gyalecta, Elm	Gyalecta ulmi
Hare’s-ear, Sickle-leaved	Bupleurum falcatum
Hare’s-ear, Small	Bupleurum baldense
Hawk’s-beard, Stinking	Crepis foetida
Hawkweed, Northroe	Hieracium northroense
Hawkweed, Shetland	Hieracium zetlandicum
Hawkweed, Weak-leaved	Hieracium attenuatifolium
Heath, Blue	Phyllodoce caerulea
Helleborine, Red	Cephalanthera rubra
Helleborine, Young’s	Epipactis youngiana
Horsetail, Branched	Equisetum ramosissimum
Hound’s-tongue, Green	Cynoglossum germanicum
Knawel, Perennial	Scleranthus perennis
Knotgrass, Sea	Polygonum maritimum
Lady’s-slipper (in respect of section 13(2) only)	Cypripedium calceolus
. . .	. . .
. . .	. . .
Lecanactis, Churchyard	Lecanactis hemisphaerica
Lecanora, Tarn	Lecanora archariana
Lecidea, Copper	Lecidea inops
Leek, Round-headed	Allium sphaerocephalon
Lettuce, Least	Lactuca saligna
Lichen, Arctic Kidney	Nephroma arcticum
Lichen, Ciliate Strap	Heterodermia leucomelos
Lichen, Coralloid Rosette	Heterodermia propagulifera
Lichen, Ear-lobed Dog	Peltigera lepidophora
Lichen, Forked Hair	Bryoria furcellata
Lichen, Golden Hair	Teloschistes flavicans
Lichen, Orange Fruited Elm	Caloplaca luteoalba
Lichen, River Jelly	Collema dichotomum
Lichen, Scaly Breck	Squamarina lentigera
Lichen, Stary Breck	Buellia asterella
Lily, Snowdon	Lloydia serotina
Liverwort	Petallophyllum ralfsi
Liverwort, Lindenberg’s Leafy	Adelanthus lindenbergianus
Marsh-mallow, Rough	Althaea hirsuta
Marshwort, Creeping (in respect of section 13(2) only)	Apium repens
Milk-parsley, Cambridge	Selinum carvifolia
Moss	Drepanocladius vernicosus
Moss, Alpine Copper	Mielichoferia mielichoferi
Moss, Baltic Bog	Sphagnum balticum
Moss, Blue Dew	Saelania glaucescens
Moss, Blunt-leaved Bristle	Orthotrichum obtusifolium
Moss, Bright Green Cave	Cyclodictyon laetevirens
Moss, Cordate Beard	Barbula cordata
Moss, Cornish Path	Ditrichum cornubicum
Moss, Derbyshire Feather	Thamnobryum angustifolium
Moss, Dune Thread	Bryum mamillatum
Moss, Flamingo	Desmatodon cernuus
Moss, Glaucous Beard	Barbula glauca
Moss, Green Shield	Buxbaumia viridis
Moss, Hair Silk	Plagiothecium piliferum
Moss, Knothole	Zygodon forsteri
Moss Large Yellow Feather	Scorpidium turgescens
Moss, Millimetre	Micromitrium tenerum
Moss, Multifruited River	Cryphaea lamyana
Moss, Nowell’s Limestone	Zygodon gracilis
Moss, Rigid Apple	Bartramia stricta
Moss, Round-leaved Feather	Rhynocostegium rotundifolium
Moss, Schleicher’s Thread	Bryum schleicheri
Moss, Triangular Pygmy	{ Acaulon triquetrum
Moss, Vaucher’s Feather	Hypnum vaucheri
Mudwort, Welsh	Limosella australis
Naiad, Holly-leaved	Najas marina
Naiad, Slender (in respect of section 13(2) only)	Najas flexilis
Orache, Stalked	Halimione pedunculata
Orchid, Early Spider	Ophryas sphegodes
Orchid, Fen (in respect of section 13(2) only)	Liparis loeselii
Orchid, Ghost	Epipogium aphyllum
Orchid, Lapland Marsh	Dactylorhiza lapponica
Orchid, Late Spider	Ophrys fuciflora
Orchid, Lizard	Himantoglossum hircinum
Orchid, Military	Orchis militaris
Orchid, Monkey	Orchis simia
Pannaria, Caledonia	Pannaria ignobilis
Parmelia, New Forest	Parmelia minarum
Parmentaria, Oil Stain	Parmentaria chilensis
Pear, Plymouth	Pyrus cordata
Penny-cress, Perfoliate	Thlaspi perfoliatum
Pennyroyal	Mentha pulegium
Pertusaria, Alpine Moss	Pertusaria bryontha
Physcia, Southern Grey	Physcia tribacioides
Pigmyweed	Crassula aquatica
Pine, Ground	Ajuga chamaepitys
Pink, Cheddar	Dianthus gratianopolitanus
Pink, Childling	Petroraghia nanteuilii
Plantain, Floating Water (in respect of section 13(2) only)	Luronium natans
Polypore, Oak	Buglossoporus pulvinus
Pseudocyphellaria, Ragged	Pseudocyphellaria lacerata
Psora, Rusty Alpine	Psora rubiformis
Puffball, Sandy Stilt	Battarraea phalloides
Ragwort, Fen	Senecio paludosus
Ramping-fumitory, Martin’s	Fumaria martinii
Rampion, Spiked	Phyteuma spicatum
Restharrow, Small	Ononis reclinata
Rock-cress, Alpine	Arabis alpina
Rock-cress, Bristol	Arabis stricta
Rock Nail	Calicium corynellum
Rustworth, Western	Marsupella profunda
Sandwort, Norwegian	Arenaria norvegica
Sandwort, Teesdale	Minuartia stricta
Saxifrage, Drooping	Saxifraga cernua
Saxifrage, Marsh (in respect of section 13(2) only)	Saxifrage hirulus
Saxifrage, Tufted	Saxifraga cespitosa
Solenopsora, Serpentine	Solenopsora liparina
Solomon’s-seal, Whorled	Polygonatum verticillatum
Sow-thistle, Alpine	Cicerbita alpina
Spearwort, Adder’s-tongue	Ranunculus ophioglossifolius
Speedwell, Fingered	Veronica triphyllos
Speedwell, Spiked	Veronica spicata
. . .	. . .
Spike-rush, Dwarf	Eleocharis parvula
Stack Fleawort, South	Tephroseris integrifolia (ssp maritima)
Star-of-Bethlehem, Early	Gagea bohemica
Starfruit	Damasonium alisma
Stonewort, Bearded	Chara canescens
Stonewort, Foxtail	Lamprothamnium papulosum
Strapwort	Corrigiola litoralis
Sulphur-tresses, Alpine	Alectoria ochroleuca
Threadmoss, Long-leaved	Bryum neodamense
Tree Lungwort (in respect of section 13(2) only)	Lobaria pulmonaria
Turpswort	Geocalyx graveolens
Violet, Fen	Viola persicifolia
Viper’s-grass	Scorzonera humilis
Water-plantain, Ribbon leaved	Alisma gramineum
Wood-sedge, Starved	Carex depauperata
Woodsia, Alpine	Woodsia alpina
Woodsia, Oblong	Woodsia ilvensis
Wormwood, Field	Artemisia campestris
Woundwort, Downy	Stachys germanica
Woundwort, Limestone	Stachys alpina
Yellow-rattle, Greater	Rhinanthus serotinus

Note. The common name or names given in the first column 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 9 — Animals and Plants to which Section 14 Applies

Part I — NON-NATIVE Animals which are established in the wild