Wildlife and Countryside Act 1981

• (c) in the case of an order under paragraph 10(2)(c) (emergency), suspend the order, or

• (d) make such other order as the Tribunal thinks fit.

Notice of compliance

17

Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control order to carry out species control operations, the authority must give the owner notice to that effect.

Enforcement

18

• (1) This paragraph applies where an environmental authority considers that an owner of premises required by a species control order to carry out a species control operation has not done so by the date or in the way specified in the order.

• (2) The authority must give the owner notice to that effect.

• (3) Sub-paragraphs (4) to (6) apply if, after a week after giving notice under sub-paragraph (2), the authority considers that the owner has still not carried out the species control operation in the way specified in the order.

• (4) The authority may carry out the operation itself or carry out such further work as is necessary to ensure that the operation is carried out in the way specified in the order.

• (5) The authority may recover from the owner any expenses reasonably incurred by it in doing so (less any payment which the authority would apart from this paragraph have been required to make to the owner in respect of the carrying out of the operations by the owner).

• (6) The authority is not required to make any payment provided for under paragraph 13(2)(b) in relation to the operation (and may recover any payment made under that paragraph).

Offences

19

• (1) A person who, without reasonable excuse, fails to comply with a requirement imposed on that person by a species control order commits an offence.

• (2) A person who intentionally obstructs a person from carrying out an operation required or proposed under a species control order commits an offence.

• (3) A person guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine, or both.

• (4) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (3) to 51 weeks is to be read as a reference to 6 months.

• (5) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3) to a fine is to be read as a reference to a fine not exceeding £40,000.

Liability

20

• (1) An owner of premises is not liable to any other person for doing anything required to be done by a species control order.

• (2) An environmental authority is not liable to a person with an interest in premises for anything done—

• (a) by an owner pursuant to a requirement included in a species control order, or

• (b) by the authority pursuant to—

• (i) provision included in a species control order under paragraph 11(1)(b), (2)(b) or (3), or

• (ii) paragraph 18(4).

PART 4 — Powers of entry

Powers of entry

21

• (1) A person who is authorised to do so may enter any premises to—

• (a) assist an environmental authority to determine whether to offer to enter into a species agreement with a person,

• (b) assist an environmental authority to determine whether to make or revoke a species control order,

• (c) investigate suspected non-compliance with a species control agreement or a species control order,

• (d) carry out species control operations for an environmental authority under a species control order,

• (e) place a notice as specified in paragraph 10(2)(d)(i) or 14(2) (no identifiable owner), or

• (f) carry out species control operations or work pursuant to paragraph 18(4).

This is subject to the other provisions of this Schedule.

• (2) A person may not enter premises under sub-paragraph (1)(a) or (b) with a view to establishing whether a species is present unless the environmental authority has reasonable grounds for suspecting that it is.

Authorisation by justice of the peace

22

• (1) To enter premises under paragraph 21 a person must be authorised by a warrant issued by a justice of the peace where—

• (a) the premises consist of a dwelling or a garden, yard, outbuildings or other land used or enjoyed wholly with a dwelling,

• (b) admission to the premises has been refused by an owner or refusal is reasonably apprehended,

• (c) the premises are unoccupied,

• (d) the owner is temporarily absent,

• (e) giving notice would defeat the purpose of entry,

• (f) entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(c) (emergency),

• (g) entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(d) (no identifiable owner),

• (h) entry is to place a notice as specified in paragraph 10(2)(d)(i) or 14(2), or

• (i) entry is to carry out operations or work pursuant to paragraph 18(4) which the environmental authority considers to be urgently necessary.

• (2) A justice of the peace may not grant a warrant—

• (a) in the circumstances in sub-paragraph (1)(a) to (d) unless satisfied that reasonable notice of the proposed entry has been given to all owners of the premises of whom the environmental authority is aware, or

• (b) in the circumstances in paragraph (1)(g) unless satisfied that the requirement in paragraph 14(2) (notice) has been met.

• (3) For the purposes of sub-paragraph (2)(a) less than 48 hours' notice is not reasonable.

• (4) A warrant may authorise a person to use reasonable force if necessary, but a person so authorised—

• (a) must be accompanied by a constable when doing so, and

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

Authorisation by environmental authority

23

• (1) To enter premises under paragraph 21 in circumstances other than those specified in paragraph 22(1), a person must be authorised in writing by the environmental authority.

• (2) A person authorised by an environmental authority may not demand admission as of right to any premises unless reasonable notice has been given to all owners of the premises of whom the authority is aware.

• (3) For these purposes less than 48 hours' notice is not reasonable.

Exercise of right of entry

24

• (1) A right of entry under paragraph 21 is exercisable at any reasonable time.

• (2) A person authorised under paragraph 22 or 23 to enter premises must, if so required before entering, produce evidence of his or her warrant or other authorisation and state the purpose of entry.

• (3) A person entering premises under paragraph 21 may—

• (a) take on to the premises such other persons as may be necessary;

• (b) take any equipment, machinery or materials on to the premises;

• (c) take samples of anything in or on the premises.

• (4) A person who enters premises under paragraph 21 which are unoccupied or from which the owner is temporarily absent must, on departure, leave them as effectively secured as they were on entry.

PART 5 — Supplementary

Compensation

25

• (1) The Secretary of State and the Welsh Ministers may (separately or jointly) make arrangements for the payment of compensation to an owner of premises in respect of financial loss resulting from—

• (a) a species control agreement or order, or

• (b) the exercise of the powers of entry under this Schedule.

• (2) The arrangements may secure that compensation is payable only for financial loss above a specified amount.

Codes of practice

26

• (1) The Secretary of State must issue a code of practice in relation to species control agreements and orders in England.

• (2) A code under this paragraph must in particular provide guidance to environmental authorities in England on—

• (a) when to offer to enter into a species control agreement;

• (b) how to go about entering into a species control agreement;

• (c) what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

• (d) when to make a species control order;

• (e) what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

• (f) standards of animal welfare to be met in connection with species control agreements and orders.

• (3) A code under this paragraph may be revised or replaced.

• (4) Before issuing (or revising or replacing) a code under this paragraph the Secretary of State must carry out a public consultation.

• (5) The Secretary of State must—

• (a) ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

• (b) lay a copy of a code under this paragraph before Parliament.

27

• (1) The Welsh Ministers must issue a code of practice in relation to species control agreements and orders in Wales.

• (2) A code under this paragraph must in particular provide guidance to environmental authorities in Wales on—

• (a) when to offer to enter into a species control agreement;

• (b) how to go about entering into a species control agreement;

• (c) what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

• (d) when to make a species control order;

• (e) what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

• (f) standards of animal welfare to be met in connection with species control agreements and orders.

• (3) A code under this paragraph may be revised or replaced.

• (4) Before issuing (or revising or replacing) a code under this paragraph the Welsh Ministers must carry out a public consultation.

• (5) The Welsh Ministers must—

• (a) ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

• (b) lay a copy of a code under this paragraph before the National Assembly for Wales.

28

• (1) A person's failure to comply with a provision of a code under paragraph 26 or 27 does not make the person liable to civil or criminal proceedings.

• (2) A code under paragraph 26 or 27—

• (a) is admissible in evidence in any civil proceedings, and

• (b) must be taken into account by a court in any civil proceedings in which it appears to the court to be relevant.

SCHEDULE9B — Invasive alien species: defences and licences

Part 1 — Interpretation

Interpretation

1

In this schedule—

• “Invasive Alien Species Regulation” means Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species,

• “contained holding” means closed facilities from which escape or spread is not possible,

• “ex-situ conservation” means the conservation of components of biological diversity outside their natural habitat,

• “invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Scottish list of species of special concern,

• “research” means descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species,

• Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.

• “specimen” means a live specimen and includes any part, gamete, seed, egg or propagule of a species, as well as any hybrids, varieties or breeds that might grow, hatch or reproduce, as the case may be,

• ...

Part 2 — Defences

Companion animals

2

• (1) This paragraph applies where—

• (a) a person is charged with an offence under section 14ZC or 14AA,

• (b) the charge relates to an animal, and

• (c) the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

• (i) paragraph (b) (keeping, including in contained holding),

• (ii) paragraph (d) (transporting to, from or within Scotland, except for the transportation of species to facilities in the context of eradication).

• (2) It is a defence to the charge to show that—

• (a) immediately before the inclusion on the Scottish list of species of special concern of the species to which the animal belongs, the animal was kept as a companion animal,

• (b) at all material times the animal was kept—

• (i) as a companion animal, or

• (ii) for the purpose of transporting the animal to a place mentioned in sub-paragraph (3), and

• (c) at all material times—

• (i) the animal was kept in contained holding, and

• (ii) appropriate measures were in place to ensure that it could not reproduce or escape.

• (3) The places referred to in sub-paragraph (2)(b)(ii) are—

• (a) an establishment to which a relevant licence or permit has been granted,

• (b) a facility to which a relevant licence has been granted,

• (c) a place where the animal was to be humanely killed.

• (4) In sub-paragraph (3)—

• (a) “relevant licence or permit” means, in relation to an establishment—

• (i) a licence granted under section 16(4)(c) by virtue of paragraph 6,

• (ii) a permit granted under article 35 of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

• (iii) a permit granted under any provision in legislation which applies in relation to Northern Ireland and which enables a permit to be issued in accordance with Article 8 or 9 of the Invasive Alien Species Regulation,

• (b) “relevant licence” means, in relation to a facility—

• (i) a licence granted under section 16(4)(c) by virtue of paragraph 7,

• (ii) a licence granted under article 36(1) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), for the purpose mentioned in article 36(2)(d) of that Order,

• (iii) a licence granted under any provision in legislation which applies in relation to Northern Ireland and enables a licence to be issued for the keeping of an animal by a facility until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation.

Commercial stocks

3

• (1) This paragraph applies where—

• (a) a person who keeps a commercial stock of specimens of invasive alien species is charged with an offence under section 14ZC, 14A or 14AA,

• (b) the charge relates to such a specimen, and

• (c) the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

• (i) paragraph (b) (keeping, including in contained holding),

• (ii) paragraph (d) (transporting to, from or within Scotland, except for transportation of species to facilities in the context of eradication),

• (iii) paragraph (e) (placing on the market),

• (iv) paragraph (f) (using or exchanging).

• (2) It is a defence to the charge to show that—

• (a) the specimen was acquired by the person before the inclusion on the Scottish list of species of special concern of the species to which the specimen belongs,

• (b) the activity to which the charge relates was not carried out after the end of the relevant period following the inclusion on the Scottish list of species of special concern to which the specimen belongs, and

• (c) that activity is mentioned in sub-paragraph (3).

• (3) The activities referred to in sub-paragraph (2)(c) are—

• (a) sale or transfer to an establishment which holds a relevant licence or permit, provided that the conditions in paragraph (4) are met,

• (b) a scientific or medicinal activity pursuant to a relevant licence or permit, provided that the conditions in paragraph (4) are met,

• (c) destruction (in the case of a plant, fungus or micro-organism) or humane killing (in the case of an animal) of the specimen to exhaust the keeper’s stock, or

• (d) sale or transfer to a non-commercial user, provided that the conditions in paragraph (4) are met.

• (4) The conditions referred to in sub-paragraph (3) are that, at all material times—

• (a) the specimen was kept and transported in contained holding, and

• (b) appropriate measures were in place to ensure that it could not reproduce or escape.

• (5) For the purposes of sub-paragraph (2)(b), the relevant period is—

• (a) in relation to an activity mentioned in sub-paragraph (3)(a) to (c), 2 years,

• (b) in relation to an activity mentioned in sub-paragraph (3)(d), 1 year.

• (6) In sub-paragraph (3), “relevant licence or permit” means—

• (a) for the purposes of sub-paragraph (3)(a)—

• (i) a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(i) or (ii),

• (ii) a permit granted under section 35(1)(a) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

• (iii) a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for research or ex-situ conservation in accordance with Article 8 of the Invasive Alien Species Regulation,

• (b) for the purposes of sub-paragraph (3)(b)—

• (i) a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(iii),

• (ii) a permit granted under article 35(1)(b) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

• (iii) a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Invasive Alien Species Regulation.

Non-commercial owners: receipt of commercial stocks

4

• (1) This paragraph applies where—

• (a) a person is charged with an offence under section 14ZC or 14AA, and

• (b) the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

• (i) paragraph (b) (keeping, including in contained holding),

• (ii) paragraph (d) (transporting to, from or within Scotland, except for the transportation of species to facilities in the context of eradication).

• (2) It is a defence to the charge to show that—

• (a) the specimen to which the charge relates was received by the person—

• (i) from a keeper of commercial stocks of specimens of the species to which the specimen belongs, and

• (ii) before the end of the period of one year beginning with the date on which that species was included on the Scottish list of species of special concern, and

• (b) at all material times—

• (i) the specimen was kept and transported in contained holding, and

• (ii) appropriate measures were in place to ensure that it could not reproduce or escape.

Part 3 — Licences

Restrictions

5

• (1) The appropriate authority must not grant a licence under section 16(4)(c) permitting an activity which contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation unless any of paragraphs 6 to 9 apply—

• (a) paragraph (b) (keeping, including in contained holding),

• (b) paragraph (c) (breeding, including in contained holding),

• (c) paragraph (d) (transporting to, from or within Scotland, except for the transportation of species to facilities in the context of eradication),

• (d) paragraph (f) (using or exchanging),

• (e) paragraph (g) (permitting to reproduce, growing or cultivating, including in contained holding).

• (2) The appropriate authority must not grant a licence under section 16(4)(c) permitting an activity which contravenes one of the following paragraphs of that Article unless paragraph 8 or 9 applies—

• (a) paragraph (e) (placing on the market),

• (b) paragraph (h) (releasing into the environment).

Research etc.

6

This paragraph applies if the licence—

• (a) is granted to an establishment,

• (b) permits an activity to be done in the course of—

• (i) research on an invasive alien species,

• (ii) ex-situ conservation of an invasive alien species,

• (iii) scientific production, and subsequent medicinal use of, a product derived from an invasive alien species where its use is necessary for the advancement of human health, or

• (iv) in exceptional circumstances, such other activities as are justified for reasons of compelling public interest, including those of a social or economic nature, in accordance with Article 9 of the Invasive Alien Species Regulation, and

• (c) is subject to the conditions specified in Article 8(2) and (3) of that Regulation.

Keeping animals until the end of their natural lives

7

This paragraph applies if—

• (a) the licence is granted for the purpose of the keeping of an animal by a facility (including any necessary ancillary activities such as transportation) until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation, and

• (b) the appropriate authority is satisfied that all appropriate controls are in place to ensure that reproduction or escape of the animal is not possible.

Eradication measures

8

This paragraph applies if the licence is—

• (a) granted for the purpose of implementation of an eradication measure pursuant to Article 17 of the Invasive Alien Species Regulation, and

• (b) subject to such conditions as are, in the opinion of the appropriate authority, necessary to meet the aim of ensuring that the eradication measure to which the licence relates will be effective in achieving the complete and permanent removal of the population of the invasive alien species concerned.

Management measures

9

• (1) This paragraph applies if the licence is granted for the purpose of implementation of a management measure pursuant to Article 19 of the Invasive Alien Species Regulation.

• (2) But, where the licence is granted for the purpose of the commercial use, on a temporary basis, of an invasive alien species as part of such a management measure pursuant to Article 19(2) of that Regulation, this paragraph applies only if the appropriate authority is satisfied that—

• (a) there is strict justification for that use, and

• (b) all appropriate controls are in place to avoid any further spread of the species concerned.

SCHEDULE 10 — Amendment of the Endangered Species (Import and Export) Act 1976

Part I — The Amendments

Licences

1

• (1) After subsection (3) of section 1 of the 1976 Act (restriction on importation and exportation of certain animals and plants) there shall be inserted the following subsections—

(3A) Subsection (3) above shall not apply in relation to an application of any description if the scientific authority concerned has advised the Secretary of State as to whether licences should be issued in pursuance of applications of that description and, if so, their terms. (3B) Where the Secretary of State is satisfied that the issue of a licence authorising the importation or exportation of any item which— (a) is part of or derives from or is made wholly or partly from an animal of any of the kinds to which Schedule 1 or a plant of any of the kinds to which Schedule 2 to this Act for the time being applies ; but (b) is not an item to which Schedule 3 to this Act for the time being applies. would facilitate the importation or exportation of that item, he may, if he considers it expedient to do so, issue such a licence.

• (2) In subsections (4), (5), (6) and (7) of that section after the words “subsection (2)” there shall be inserted the words “or (3B)”.

• (3) In subsection (4) of that section after paragraph (a) there shall be inserted the following paragraphs—

(aa) may be issued either to all persons, to persons of a class or to a particular person ; (ab) may be subject to compliance with any specified conditions,

; and in paragraph (c) of that subsection for the words from “a period” to “shorter” there shall be substituted the word “such”.

Expenses of returning animals and plants to the wild

2

After subsection (8) of section 1 of the 1976 Act there shall be inserted the following subsection—

(9) Where, in the case of a live animal or a plant of any kind which is condemned or deemed to be condemned as forfeited, the Commissioners of Customs and Excise incur any expenses in connection with, or with a view to— (a) its return to the wild ; or (b) its being kept at premises (whether within or outside the United Kingdom) which are suitable for the keeping of animals or plants of that kind, those expenses may be recovered, as a debt due to the Crown, from the importer or intending exporter of the animal or plant or any person possessing or having control of it at the time of its seizure. In this subsection expressions which are also used in the Customs and Excise Management Act 1979 have the same meanings as in that Act.

Powers of entry

3

After the subsection inserted by paragraph 2 as subsection (9) of section 1 of the 1976 Act there shall be inserted the following subsections—

(10) Any person duly authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter any premises where animals of any of the kinds to which Schedule 1 or plants of any of the kinds to which Schedlule 2 to this Act for the time being applies are kept (whether temporarily or permanently) in order to ascertain whether any of the animals or plants kept there have been imported contrary to this section. (11) Any person who wilfully obstructs a person acting under subsection (10) above shall be liable on summary conviction to a fine not exceeding £200.

Power to modify Schedules

4

• (1) In paragraph (c) of section 3 of the 1976 Act (power to modify Schedules) after the word “conservation” there shall be inserted the words “in any area” and after the word “endangered” there shall be inserted the word “there”.

• (2) After paragraph (d) of that section there shall be inserted the following paragraph—

(dd) to restrict the importation of animals or plants of any kind which appear to the Secretary of State to be unlikely to survive for any appreciable time if they are kept in the United Kingdom ;

Sale of certain animals or plants or their derivatives

5

• (1) In subsection (1) of section 4 of the 1976 Act (offences to sell etc. things imported contrary to section 1 or their derivatives) for the words “Subject to subsection (2)” there shall be substituted the words “Subject to subsections (1B) and (2)”, after the words “has in his possession” there shall be inserted the words “or transports” and the words “and in the following provisions” onwards shall be omitted.

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

(1A) Subject to subsections (1B) and (2) below, a person who sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale— (a) a live or dead animal of any of the kinds to which Schedule 4 to this Act for the time being applies or an egg or other immature stage of such an animal ; (b) a live or dead plant of any of the kinds to which Schedule 5 to this Act for the time being applies ; or (c) any part of or anything which derives from or is made wholly or partly from anything referred to in paragraph (a) or (b) above, shall be guilty of an offence ; but nothing in this subsection shall apply in relation to anything falling within subsection (1) above or anything which has been imported, or is a part of or derives from or is made wholly or partly from anything which has been imported, before the passing of the Wildlife and Countryside Act 1981. (1B) Subsections (1) and (1A) above do not apply to anything done under and in accordance with the terms of a licence issued by the Secretary of State ; and subsections (4) to (7) of section 1 above shall apply in relation to a licence issued under this subsection as they apply in relation to a licence issued under subsection (2) of that section. (1C) In the following provisions of this section “ restricted article ” means anything falling within subsection (1) or (1A) above.

• (3) In subsection (2) of that section after the words “subsection (1)” there shall be inserted the words “or (1A)”.

• (4) In subsection (5) of that section after the words “subsection (1)” there shall be inserted the words “, (1A)”.

• (5) In subsection (6) of that section after the words “references to” there shall be inserted the word “hire”.

• (6) After Schedule 3 to the 1976 Act there shall be inserted as Schedule 4 the Schedule set out in Part II of this Schedule.

• (7) After the Schedule inserted in the 1976 Act by sub-paragraph (6) there shall be inserted as Schedule 5 the Schedule set out in Part III of this Schedule.

Part II — Schedule inserted as Schedule 4

SCHEDULE 4 — Animals the Sale etc. of Which is Restricted

This Schedule applies to the following kinds of animals, namely—

MAMMALS

1

The kinds of mammal specified in the first column below—

Marsupials

Kind	Common name
Bettongia	Rat kangaroo
Caloprymnus campestris	Desert rat-kangaroo
Lagorchestes hirsutus	Western hare-wallaby
Lagostrophus fasciatus	Banded hare-wallaby
Onychogalea fraenata	Bridle nail-tailed wallaby
Onychogalea lunata	Crescent nail-tailed wallaby
Lasiorhinus krefftii	Queensland hairy-nosed wombat
Chaeropus ecaudatus	Pig-footed bandicoot
Macrotis lagotis	Rabbit-bandicoot
Macrotis leucara	Lesser rabbit-bandicoot
Perameles bougainville	Western barred bandicoot
Sminthopsis longicaudata	Long-tailed dunnart
Sminthopsis psammophila	Sandhill dunnart
Thylacinus cynocephalus	Tasmanian wolf

Primates

Allocebus	Hairy-eared dwarf lemur
Cheirogaleus	Dwarf lemurs
Hapalemur	Gentle lemurs
Lemur	Lemurs
Lepilemur	Sportive and weasel lemurs
Microcebus	Mouse lemurs
Phaner	Fork-marked mouse lemurs
Avahi	Avahis (otherwise known as Woolly indris)
Indri	Indris
Propithecus	Sifakas
Daubentonia madagascariensis	Aye-aye
Callimico goeldii	Goeldi’s marmoset (otherwise known as Goeldi’s tamarin)
Callithrix aurita	White eared marmoset
Callithrix flaviceps	Buff-headed marmoset
Leontopithecus	Maned tamarin (otherwise known as Golden tamarin)
Saguinus bicolor	Pied tamarin
Saguinus geoffroyi	Geoffroy’s tamarin
Saguinus leucopus	White-footed tamarin
Saguinus oedipus	Cotton-headed tamarin
Alouatta palliata (otherwise known as Alouatta villosa)	Mantled howler
Ateles geoffroyi frontatus	Black-browed spider monkey
Ateles geoffroyi panamensis	Red spider monkey
Brachyteles arachnoides	Woolly spider monkey
Cacajao	Uakaris
Chiropotes albinasus	White-nosed saki
Saimiri oerstedii	Red-backed squirrel monkey
Cercocebus galeritus galeritus	Tana River mangabey
Cercopithecus diana	Diana monkey
Colobus badius kirkii	Kirk’s red colobus (otherwise known as Zanzibar red colobus)
Colobus badius rufomitratus	Tana River red colobus
Macaca silenus	Lion-tailed macaque
Nasalis larvatus	Proboscis monkey
Papio leucophaeus (otherwise known as Mandrillus leucophaeus)	Drill
Papio sphinx (otherwise known as Mandrillus sphinx)	Mandrill
Presbytis entellus	Langur (otherwise known as Entellus langur or True langur)
Presbytis geei	Golden langur
Presbytis pileatus	Caped langur
Presbytis potenziani	Mentawi leaf monkey
Pygathrix nemaeus	Douc langur
Rhinopithecus roxellanae	Snub-nosed langur
Simias concolor	Mentawi snub-nosed langur
Hybolates	Gibbons
Symphalangus syndactylus	Siamang
Pongidae	Great apes

Edentates

Pridontes giganteus (otherwise known as Priodontes maximus)	Giant armadillo

Pangolins

Manis temmincki	South African pangolin

Rabbits and hares

Caprolagus hispidus	Assam rabbit (otherwise known as Hispid hare)
Romerolagus diazi	Volcano rabbit

Rodents

Cynomys mexicanus	Mexican prairie marmot
Leporillus conditor	Australian sticknest rat
Pseudomys fumeus	Smoky mouse
Pseudomys praeconis	Shark Bay mouse
Xeromys myoides	False water rat
Zyzomys pendunculatus	Central thick-tailed rat
Chinchilla (except any domestic form of Chinchilla laniger)	Chinchilla

Cetaceans

Lipotes vexillifer	Chinese river dolphin
Physter catodon (otherwise known as Physeter macrocephalus)	Sperm whale
Platanista gangetica	Ganges dolphin
Platanista minor	Indus river dolpin
Sotalia	Humpbacked dolphins
Sousa	Humpacked dolphins
Neophocaena phocaenoides	Finless porpoise
Phocoena sinus	Cochito
Balaena mysticetus	Greenland right whale (otherwise known as Bowhead whale)
Balaenoptera borealis	Sei whale
Balaenoptera musculus	Blue whale
Balaenoptera physalus	Common rorqual
Eschrichtius	Grey whales
Eubalaena	Right whales
Megaptera novaeangliae	Humpback whale

Carnivores

Spethos venaticus	Bush dog
Vulpes velox hebes	Northern kit fox
Helarctos malayanus	Sun bear
Selenarctos thibetanus	Asiatic black bear
Tremarctos ornatus	Spectacled bear
Ursus arctos isabellinus	Brown bear
Ursus arctos nelsoni	Mexican brown bear
Ursus arctos pruinosus	Tibetan brown bear
Aonyx microdon	Cameroon clawless otter
Enhydra lutris nereis	Southern sea otter
Lutra felina	Marine otter
Lutra longicaudis	South American otter
Lutra lutra	Eurasian otter
Lutra provocax	Southern river otter
Mustela nigripes	Black-footed ferret
Pteronura brasiliensis	Giant otter
Prionodon pardicolor	Spotted linsang
Hyaena brunnea	Brown hyaena
Acinonyx jubatus	Cheetah
Felis bengalensis bengalensis	Leopard cat
Felis concolor coryi	Florida puma
Felis concolor costaricensis	Costa Rica puma
Felis concolor cougar	Eastern puma
Felis jacobita	Andean cat
Felis rufa escuinapae	Mexican bobcat
Felis marmorata	Marbled cat
Felis nigripes	Black-footed cat
Felis pardalis mearnsi	Costa Rica ocelot
Felis pardalis mitis	Brazilian ocelot
Felis planiceps	Flat-headed cat
Felis rubiginosa	Rusty spotted cat
Felis temmincki	Asiatic golden cat
Felis tigrina oncilla	Little spotted cat
Felis wiedii nicaraguae	Nicaraguan margay
Felis wiedii salvinia	Guatemalan margay
Felis yagouaroundi cacomitli	Jaguarundi
Felis yagouaroundi fossata	Jaguarundi
Felis yagouaroundi panamensis	Jaguarundi
Felis yagouaroundi tolteca	Jaguarundi
Neofelis nebulosa	Clouded leopard
Panthera leo persica	Asiatic lion
Panthera onca	Jaguar
Panthera pardus	Leopard
Panthera tigris	Tiger
Panthera uncia	Snow leopard

Seals

Arcocephalus townsendi	Guadelupe fur seal
Monachus	Monk seals

Elephants

Elephas maximus	Asian elephant

Sea-cows

Dugong dugon	Dugong (otherwise known as Sea-cow)
Trichechus inunguis	Amazonian manatee
Trichechus manatus	West Indian manatee

Odd-toed ungulates

Equus grevyi	Grevy’s zebra
Equus hemionus hemionus	Mongolian wild ass
Equus hemionus khur	Indian wild ass
Equus przewalskii	Przewalski’s horse
Equus zebra zebra	Cape mountain zebra
Tapirus bairdii	Central American tapir
Tapirus indicus	Malayan tapir (otherwise known as Indian tapir)
Tapirus pinchaque	Mountain tapir (otherwise known as Woolly tapir)
Rhinocerotidae	Rhinoceroses

Even-toed ungulates

Babyrousa babyrussa	Babirusa
Sus salvanius	Pygmy hog
Vicugna vicugna	Calamian deer
Axis kuhli	Bawean deer
Axis porcinus annamiticus	Thai hog deer
Blastocerus dichotomus	Marsh deer
Cervus duvauceli	Swamp deer
Cervus elaphus hanglu	Kashmir stag (otherwise known as Hanglu)
Cervus eldi	Brow-antlered deer
Dama mesopotamica	Persian fallow deer
Hippocamelus antisiensis	Peruvian huemal
Hippocamelus bisulcus	Chilean huemal
Moschus moschiferus moschiferus	Himalayan musk deer
Ozotoceros bezoarticus	Pampas deer
Pudu pudu	Chilean pudu
Antilocapra americana peninsularis	Lower California pronghorn
Antilocapra americana sonoriensis	Sonoran pronghorn
Bison bison athabascae	Wood bison
Bos gaurus	Gaur
Bos mutus	Wild yak
Bubulas depressicornis	Lowland anoa
Bubalus mindorensis	Tamaraw
Bubalus quarlesi	Mountain anoa
Capra falconeri chiltanensis	Markhor
Capra falconeri jerdoni	Markhor
Capra falconeri megaceros	Markhor
Capricornis sumatraensis	Serow
Hippotragus niger variani	Giant sable antelope
Nemorhaedua goral	Goral
Novibos sauveli	Koupray
Oryx leucoryx	Arabian oryx
Ovis ammon hodgsoni	Great Tibetan sheep
Ovis orientalis ophion	Cyprian mouflon
Ovis vignei	Urial
Pantholops hodgsoni	Tibetan antelope
Rupicapra rupicapra ornata	Abrussi chamois

BIRDS

2

The kinds of bird specified in the first column below—

Rheas

Pterocnemia pennata	Lesser rhea

Tinamous

Tinamus solitarius	Solitary tinamou

Penguins

Spheniscus humboldti	Humboldt penguin

Grebes

Podilymbus gigas	Atitlan grebe

Albatrosses

Diomedea albatrus	Short-tailed albatross

Pelican-like birds

Sula abbotti	Abbot’s booby
Fregata andrewsi	Christmas Island frigatebird

Storks

Ciconia ciconia boyciana	Japanese white stork
Geronticus eremita	Bald ibis
Nipponia nippon	Japanese crested ibis

Waterfowl

Anas aucklandica nesiotis	Campbell Island Flightless teal
Anas laysanensis	Laysan duck
Anas oustaleti	Marianas Island duck (otherwise known as Marianas Mallard)
Branta canadensis leucopareia	Aleutian Canada goose
Branta sandvicensis	Hawaiian goose (otherwise known as Nene)
Cairina scutulata	White winged wood duck
Rhodonessa caryophyllacea	Pink-headed duck

Diurnal Birds of Prey

Cathartidae	New world vultures
Pandion haliaetus	Osprey
Accipitridae	True hawks
Sagittarius serpentarius	Secretary bird
Falconidae	Falcons

Gamebirds

Aburria jacutinga	Black-fronted curassow (otherwise known as Black-fronted guan)
Aburria pipile	White-headed curassow (otherwise known as Piping guan)
Catreus wallichii	Cheer pheasant
Colinus virginianus ridgwayi	Masked bobwhite
Crax blumenbachii	Red-billed curassow
Crax mitu	Razor-billed curassow
Crossoptilon crossoptilon	White Eared-pheasant
Crossoptilon mantchuricum	Brown Eared-pheasant
Lophophorus impejanus	Himalayan monal
Lophophorus lhuysii	Chinese monal
Lophophorus sclateri	Sclater’s monal
Lophura edwardsi	Edward’s pheasant
Lophura imperialis	Imperial pheasant
Lophura swinhoei	Swinhoe’s pheasant
Macrocephalon maleo	Maleo Fowl
Oreophasis derbianus	Horned guan
Penelope albipennis	White-winged guan
Polyplectron emphanum	Palawan peacock pheasant
Syrmaticus ellioti	Elliot’s pheasant
Syrmaticus humiae	Hume’s pheasant (otherwise known as Bar-tailed pheasant)
Syrmaticus mikado	Mikado pheasant
Tetraogallus caspius	Caspian snowcock
Tetraogallus tibetanus	Tibetan snowcock
Tragopan blythii	Blyth’s tragopan
Tragopan caboti	Cabot’s tragopan
Tragopan melanocephalus	Western tragopan
Tympanuchus cupido attwateri	Attwater’s prairie chicken

Cranes and rails

Grus americana	Whooping crane
Grus canadensis nesiotes	Cuban sandhill crane
Grus canadensis pulla	Mississippi sandhill crane
Grus japonensis	Manchurian crane (otherwise known as Japanese crane)
Grus leucogeranus	Siberian White crane
Grus monacha	Hooded crane
Grus nigricollis	Black-necked crane
Grus vipio	White-necked crane (otherwise known as White-naped crane)
Tricholimnas sylvestris	Lord Howe wood-rail
Rhynochetos jubatus	Kagu
Chlamydotis undulata	Houbara bustard
Choriotis nigriceps (otherwise known as Ardeotis nigriceps)	Great Indian bustard
Eupodotis bengalensis	Bengal florican

Waders and Gulls

Numenius borealis	Eskimo curlew
Tringa guttifer	Spotted greenshank (otherwise known as Nordmann’s greenshank)
Larus relictus	Relict gull

Pigeons and doves

Caloenas nicobarica	Nicobar pigeon
Ducula mindorensis	Mindoro imperial pigeon

Parrots

Amazona arausiaca	Red-necked parrot (otherwise known as Red-necked amazon)
Amazona barbadensis	Yellow-shouldered parrot (otherwise known as Yellow-shouldered amazon)
Amazona brasiliensis	Red-tailed parrot (otherwise known as Red-tailed amazon)
Amazona guildingii	St. Vincent parrot (otherwise known as St. Vincent amazon)
Amazona imperialis	Imperial parrot (otherwise known as Imperial amazon)
Amazona leucocephala	Cuban parrot (otherwise known as Cuban amazon)
Amazona pretrei	Red-spectacled parrot (otherwise known as Red-spectacled amazon)
Amazona rhodocorytha(otherwise known as Amazona dufresniana rhodocorytha)	Red-crowned parrot (otherwise known as Red-crowned amazon)
Amazona versicolor	St Lucia parrot (otherwise known as St Lucia amazon)
Amazona vinacea	Vinaceous parrot (otherwise known as Vinaceous amazon)
Amazona vittata	Puerto Rico parrot (otherwise known as Puerto Rican amazon)
Anodorhynchus glaucus	Glaucous macaw
Anodorhynchus leari	Lear’s macaw
Aratinga guaruba	Golden parakeet (otherwise known as Golden conure)
Cyanopsitta spixii	Spix’s macaw
Cyanoramphus auriceps forbesi	Forbes’ parakeet
Cyanoramphus novaezelandiae	Red-fronted parakeet
Cyclopsitta diophthalma coxeni (otherwise known as Opopsitta diophthalma coxeni)	Coxen’s fig parrot
Geopsittacus occidentalis	Australian night parrot
Neophema chrysogaster	Orange-bellied parakeet (otherwise known as Orange-bellied parrot)
Pezoporus wallicus	Ground parrot
Pionopsitta pileata	Red-capped parrot (otherwise known as Pileated parrot)
Psephotus chrysopterygius	Golden-shouldered parakeet (otherwise known as Golden-shouldered parrot or Hooded parakeet)
Psephotus pulcherrimus	Paradise parrot
Psittacula echo (otherwise known as Psittacula krameri echo)	Mauritius parakeet (otherwise known as Mauritius ring-necked parakeet)
Psittacus erithacus princeps	Fernando Po grey parrot
Pyrrhura cruentata	Blue-throated conure
Rhynchopsitta pachyrhyncha	Thick-billed parrot
Rhynchopsitta terrisi	Maroon-fronted parrot
Strigops habroptilus	Kakapo (otherwise known as Owl parrot)

Hummingbirds

Ramphodon dohrnii	Hook-billed hermit

Trogons

Pharomachrus mocinno costaricensis	Costa Rican quetzal (otherwise known as Resplendent quetzal)
Pharomachrus mocinno mocinno	Magnificent quetzal (otherwise known as Resplendent quetzal)

Owls

Tytonidae	Barn owls
Strigidae	Typical owls

Hornbills

Buceros bicornis (otherwise known as Buceros homrai	Great pied hornbill
Rhinoplax vigil	Helmeted hornbill

Woodpeckers

Campephilus imperialis	Imperial woodpecker
Dryocopus javensis richardsi	Tristram’s woodpecker (otherwise known as White-bellied black woodpecker)

Songbirds

Cotinga maculata	Banded cotinga
Xipholena atropurpurea	White-winged cotinga
Pitta kochi	Koch’s pitta
Atrichornis clamosa	Noisy scrub-bird
Leucopsar rothschildi	Rothschild’s mynah
Dasyornis brachypterus longirostris	Western bristlebird
Dasyornis broadbenti littoralis	Western rufous bristlebird
Picathartes gymnocephalus	White-necked rockfowl (otherwise known as Yellow-headed rockfowl or Guinea bear-headed rockfowl)
Picathartes oreas	Grey-necked rockfowl (otherwise known as Cameroon bare-headed rockfowl or Red-headed rockfowl)
Zosterops albogularis	White-breasted silver-eye
Meliphaga cassidix	Helmeted honeyeater
Spinus cucullatus (otherwise known as Carduelis cucullatus)	Red siskin

REPTILES

3

The kinds of reptile specified in the first column below—

Crocodilians

Alligator sinensis	Chinese alligator
Caiman crocodilus apaporiensis	Rio Apaporis caiman (otherwise known as Spectacled caiman)
Caiman latirostris	Broad-nosed caiman
Melanosuchus niger	Black caiman
Crocodylus acutus	American crocodile
Crocodylus cataphractus	African slender-snouted crocodile (otherwise known as African sharp-nosed crocodile)
Crocodylus intermedius	Orinoco crocodile
Crocodylus moreletii	Morelet’s crocodile
Crocodylus niloticus	Nile crocodile
Crocodylus novaeguineae mindorensis	Philippine crocodile
Crocodylus palustris	Mugger (otherwise known as Marsh crocodile or Broad-snouted crocodile)
Crocodylus porosus	Estuarine crocodile (otherwise known as Salt-water crocodile)
Crocodylus rhombifer	Cuban crocodile
Crocodylus siamensis	Siamese crocodile
Osteolaemus tetraspis	West African dwarf crocodile
Tomistoma schlegelii	False gharial (otherwise known as False gavial)
Gavialis gangeticus	Indian gharial (otherwise known as Indian gavial)

Iguanas

Brachylophus	Fijian iguanas
Cyclura	Caribbean rock iguanas
Sauromalus varius	San Esteban Island chuck-walla

Lizards

Varanus bengalensis	Bengal monitor (otherwise known as Indian monitor or Common monitor)
Varanus flavescens	Yellow monitor
Varanus griseus	Desert monitor (otherwise known as Agra monitor or Grey monitor)
Varanus komodoensis	Komodo dragon

Snakes

Acrantophis	Madagascar boas
Bolyeria	Round island boas
Casarea	Round island boas
Epicrates inornatus	Yellow tree boa
Epicrates subflavus	Jamaican boa
Python molurus molurus	Indian python (otherwise known as Indian rock python)
Sanzinia madagascariensis	Madagascar boa

Tuatara

Sphenodon punctatus	Tuatara

Chelonians

Batagur baska	River terrapin (otherwise known as Tuntong)
Geoclemys hamiltonii (otherwise known as Damonia hamiltonii)	Black pond turtle (otherwise known as Spotted pond turtle)
Melanochelys tricarinata (otherwise known as Geoemyda tricarinata or Nicoria tricarinata)	Three-keeled turtle (otherwise known as Three-keeled land tortoise)
Kachuga tecta tecta	Indian tent turtle (otherwise known as Indian sawback turtle or Roofed turtle or Dura turtle)
Morenia ocellata	Burmese swamp turtle
Terrapene coahuila	Aquatic box turtle (otherwise known as Water box turtle)
Geochelone elephantopus (otherwise known as Testudo elephantopus)	Galapagos giant tortoise
Geochelone radiata (otherwise known as Testudo radiata)	Radiated tortoise (otherwise known as Rayed tortoise)
Geochelone yniphora (otherwise known as Testudo yniphora)	Madagascar tortoise (otherwise known as Rayed tortoise or Angonoka)
Gopherus flavomarginatus (otherwise known as Crophemus polyphemus flavomarginatus)	Mexican gopher tortoise
Psammobates geometricus (otherwise known as Testudo geometricus)	Geometric tortoise
Cheloniidae	Sea turtles
Dermochelys coriacea	Leatherback turtle (otherwise known as Leathery turtle or Luth)
Lissemys punctata punctata	Indian flap-shelled turtle
Trionyx ater	Cuatro Cienegas soft-shell turtle (otherwise known as Black soft-shelled turtle)
Trionyx gangeticus	Ganges soft-shelled turtle (otherwise known as Indian soft-shelled turtle)
Trionyx hurum	Peacock-marked soft-shelled turtle
Trionyx nigricans	Dark-coloured soft-shelled turtle
Pseudemydura umbrina	Short-necked turtle (otherwise known as Western swamp turtle)

AMPHIBIANS

The kinds of amphibian specified in the first column below—

Andrias davidianus (otherwise known as Megalo batrachus davidianus)	Chinese giant salamander
Andrias japonicus (otherwise known as Megalobatrachus japonicus)	Japanese giant salamander
Atelopus varius zeteki	Golden frog (otherwise known as Zetek’s frog)
Bufo periglenes	Golden toad (otherwise known as Orange toad)
Bufo superciliaris	Cameroon toad
Nectophrynoides	Viviparous toads

FISH

5

The kinds of fish specified in the first column below—

MOLLUSCS

6

The kinds of mollusc specified below—

Part III

Schedule inserted as Schedule 5

SCHEDULE 5

Plants the sale etc. of which is restricted

This Schedule applies to the kinds of plant specified in the second column below—

Family	Kind
Apocynaceae	Pachypodium namaquanum
Araceae	Alocasia sanderana
Cactaceae	Ariocarpus agavoides
	Ariocarpus scapharostrus
	Aztekium ritteri
	Echinocereus lindsayi
	Obregonia denegrii
	Pelecyphora aselliformis
	Pelecyphora strobiliformis
Caryocaraceae	Caryocar costaricense
Caryophyllaceae	Gymnocarpus przewalskii
	Melandrium mongolicus
	Silene mongolica
	Stellaria pulvinata
Cupressaceae	Fitzroya cupressoides
	Pilgerodendron uviferum
Cycadaceae	Mirocycas calocoma
Gentianaceae	Prepusa hookeriana
Humiriaceae	Vantanea barbourii
Juglandaceae	Engelhardtia pterocarpa
Leguminosae	Ammopiptanthus mongolicum
	Cynometra hemitomophylla
	Platymiscium pleiostachyum
	Tachigalia versicolor
Liliaceae	Aloe albida
	Aloe pillansii
	Aloe polyphylla
	Aloe thorncropftii
	Aloe vossii
Melastomataceae	Lavoisiera itambana
Meliaceae	Guarea longipetiola
Moraceae	Batocarpus costaricensis
Nepenthaceae	Nepenthes rajah
Orchidaceae	Cattleya skinneri
	Cattleya trianae
	Didiciea cunninghamii
	Laelia jongheana
	Laelia lobata
	Lycaste virginalis var alba
	Peristeria elata
	Renanthera imschootiana
	Vanda coerulea
Pinaceae	Abies guatemalensis
	Abies nebrodensis
Podocarpaceae	Podocarpus costalis
	Podocarpus parlatorei
Proteaceae	Orothamnus zeyheri
	Protea odorata
Rubiaceae	Balmea stormae
Sarraceniaceae	Sarracenia alabamensis alabamensis
	Sarracenia jonesii
	Sarracenia oreophila
Saxifragaceae (otherwise known as Grossulariaceae)	Ribes sardoum
Stangeriaceae	Stangeria eriopus
Ulmaceae	Celtis aetnensis
Welwitschiaceae	Welwitschia bainesii
Zamiaceae	Encephalartos
Zingiberaceae	Hedychium philippinense

SCHEDULE 10A — Delegation of Appellate Functions

Interpretation

1

In this Schedule—

• “ appointed person ” means a person appointed under section 28F(8) or 28L(10); and

• “ appointment ”, in the case of any appointed person, means appointment under either of those provisions.

Appointments

2

An appointment under section 28F(8) or 28L(10) must be in writing and—

• (a) may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified;

• (b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and

• (c) may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal or matter which has not been determined by the appointed person before that time.

Powers of appointed person

3

Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal or matter to which his appointment relates, have the same powers and duties as the Secretary of State, other than—

• (a) any function of making regulations;

• (b) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or

• (c) any function of appointing a person for the purpose—

• (i) of enabling persons to appear before and be heard by the person so appointed, or

• (ii) of referring any question or matter to that person.

Holding of local inquiries and other hearings by appointed persons

4

• (1) If either of the parties to an appeal or matter expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.

• (2) Whether or not a party to an appeal or matter has asked for an opportunity to appear and be heard, the appointed person—

• (a) may hold a local inquiry or other hearing in connection with the appeal or matter, and

• (b) shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal or matter.

• (3) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter.

• (4) Subject to section 28F(10) or 28L(12), the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.

Revocation of appointments and making of new appointments

5

• (1) Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal or matter, the Secretary of State shall, unless he proposes to determine the appeal or matter himself, appoint another person under section 28F(8) or 28L(10) to determine the appeal or matter instead.

• (2) Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh.

• (3) Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Certain acts and omissions of appointed persons to be treated as those of the Secretary of State

6

• (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State.

• (2) Sub-paragraph (1) shall not apply—

• (a) for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or

• (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.

SCHEDULE 11 — Procedure in Connection with Certain Orders under Part II

Coming into operation

1

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

Publicity for orders

2

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

Unopposed orders

3

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

Opposed orders

4

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

Restriction on power to amend orders or confirm them with modifications

5

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

Notice of final decision on orders

6

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

Proceedings for questioning validity of orders

7

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

Interpretation

8

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

SCHEDULE 12 — Procedure in Connection With Orders Under Section 36

Consultation

1

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

Publicity for draft orders

2

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

Unopposed orders

3

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

Opposed orders

4

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

Restriction on power to make orders with modifications

5

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

Local inquiries

6

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

Notice of making of orders

7

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

Proceedings for questioning validity of orders

8

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

Supplemental

9

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

SCHEDULE 13

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

SCHEDULE 14 — Applications for Certain Orders Under Part III

Form of applications

1

An application shall be made in the prescribed form and shall be accompanied by—

• (a) a map drawn to the prescribed scale and showing the way or ways to which the application relates; and

• (b) copies of any documentary evidence (including statements of witnesses) which the applicant wishes to adduce in support of the application.

Notice of applications

2

• (1) Subject to sub-paragraph (2), the applicant shall serve a notice stating that the application has been made on every owner and occupier of any land to which the application relates.

• (2) If, after reasonable inquiry has been made, the authority are satsified that it is not practicable to ascertain the name or address of an owner or occupier of any land to which the application relates, the authority may direct that the notice required to be served on him by sub-paragraph (1) may be served by addressing it to him by the description “owner” or “occupier” of the land (describing it) and by affixing it to some conspicuous object or objects on the land.

• (3) When the requirements of this paragraph have been complied with, the applicant shall certify that fact to the authority.

• (4) Every notice or certificate under this paragraph shall be in the prescribed form.

Determination by authority

3

• (1) As soon as reasonably practicable after receiving a certificate under paragraph 2(3), the authority shall—

• (a) investigate the matters stated in the application; and

• (b) after consulting with every local authority whose area includes the land to which the application relates, decide whether to make or not to make the order to which the application relates.

• (2) If the authority have not determined the application within twelve months of their receiving a certificate under paragraph 2(3), then, on the applicant making representations to the Secretary of State, the Secretary of State may, after consulting with the authority, direct the authority to determine the application before the expiration of such period as may be specified in the direction.

• (3) As soon as practicable after determining the application, the authority shall give notice of their decision by serving a copy of it on the applicant and any person on whom notice of the application was required to be served under paragraph 2(1).

Appeal against a decision not to make an order

4

• (1) Where the authority decide not to make an order, the applicant may, at any time within 28 days after service on him of notice of the decision, serve notice of appeal against that decision on the Secretary of State and the authority.

• (2) If on considering the appeal the Secretary of State considers that an order should be made, he shall give to the authority such directions as appear to him necessary for the purpose (which may include a direction as to the time within which an order is to be made).

Interpretation

5

• (1) In this Schedule—

• “ application ” means an application under section 53(5);

• “ local authority ” means a non-metroplitan district council , a parish . . . council or the parish meeting of a parish not having a separate parish council but, in relation to Wales, means a community council ;

• “ prescribed ” means prescribed by regulations made by the Secretary of State.

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

SCHEDULE 15 — Procedure in Connection with Certain Orders Under Part III

Consultation

1

Before making an order, the authority shall consult with every local authority whose area includes the land to which the order relates.

Coming into operation

2

An order shall not take effect until confirmed either by the authority or the Secretary of State under paragraph 6 or by the Secretary of State under paragraph 7.

Publicity for orders

3

• (1) On making an order, the authority shall give notice in the prescribed form—

• (a) describing the general effect of the order and stating that it has been made and requires confirmation;

• (b) naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and

• (c) specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order , which must include particulars of the grounds relied on, may be made.

• (2) Subject to sub-paragraph (4), the notice to be given under sub-paragraph (1) shall be given—

• (a) by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated;

• (b) by serving a like notice on—

• (i) every owner and occupier of any of that land;

• (ii) every local authority whose area includes any of that land;

• (iii) every person on whom notice is required to be served in pursuance of sub-paragraph (3); and

• (iv) such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and

• (c) by causing a copy of the notice to be displayed in a prominent position—

• (i) at the ends of so much of any way as is affected by the order;

• (ii) at council offices in the locality of the land to which the order relates; and

• (iii) at such other places as the authority may consider appropriate.

• (3) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “ specified ” means specified in the requirement.

• (4) The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i); but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

• (5) Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (4) shall be complied with not less than 42 days before the expiration of the time specified in the notice.

• (6) A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order.

• (7) A notice required to be displayed by sub-paragraph (2)(c) at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

• (8) At any time after the publication of a notice under this paragraph and before the expiration of the period specified in the notice for the making of representations and objections, any person may require the authority to inform him what documents (if any) were taken into account in preparing the order and—

• (a) as respects any such documents in the possession of the authority, to permit him to inspect them and take copies; and

• (b) as respects any such documents not in their possession, to give him any information the authority have as to where the documents can be inspected;

and on any requirement being made under this sub-paragraph the authority shall comply therewith within 14 days of the making of the requirement.

• (9) Nothing in sub-paragraph (1)(c) or (8) shall be construed as limiting the grounds which may be relied on or the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 7 or 8.

Representations or objections made with respect to abandoned surveys or reviews

4

• (1) This paragraph applies where a survey begun under sections 27 to 32 of the 1949 Act, or a review begun under section 33 of that Act, is abandoned after a draft map and statement have been prepared.

• (2) If an order modifies the definitive map and statement so as—

• (a) to show any particulars shown in the draft map and statement but not in the definitive map and statement; or

• (b) to omit any particulars shown in the definitive map and statement but not in the draft map and statement,

any representation or objection duly made with respect to the showing in or omission from the draft map and statement of those particulars shall be treated for the purposes of paragraphs 6 and 7 as a representation or objection duly made with respect to the corresponding modifications made by the order.

Severance of orders

5

• (1) Where at any time representations or objections duly made and not withdrawn relate to some but not all of the modifications made by an order, the authority may, by notice given to the Secretary of State, elect that, for the purposes of the following provisions of this Schedule, the order shall have effect as two separate orders—

• (a) the one comprising the modifications to which the representations or objections relate; and

• (b) the other comprising the remaining modifications.

• (2) Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.

Unopposed orders

6

• (1) If no representations or objections are duly made, or if any so made are withdrawn, the authority may—

• (a) confirm the order without modification; or

• (b) if they require any modification to be made, submit the order to the Secretary of State for confirmation by him.

• (2) Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State may confirm the order with or without modifications.

Opposed orders

7

• (1) If any representation or objection duly made is not withdrawn the authority shall submit the order to the Secretary of State for confirmation by him.

• (2) Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State shall , subject to sub-paragraph (2A), either—

• (a) cause a local inquiry to be held; or

• (b) afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

• (2A) The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications.

• (3) On considering any representations or objections duly made and the report of any person appointed to hold an inquiry or hear representations or objections, the Secretary of State may confirm the order with or without modifications.

Restriction on power to confirm orders with modifications

8

• (1) The Secretary of State shall not confirm an order with modifications so as—

• (a) to affect land not affected by the order;

• (b) not to show any way shown in the order or to show any way not so shown; or

• (c) to show as a highway of one description a way which is shown in the order as a highway of another description,