The Horsey Estate (Area of Special Protection) Order 1988

Made: 24th February 1988

Coming into force: 17th March 1988

The Secretary of State, in exercise of the powers conferred on him by section 3(1) of the Wildlife and Countryside Act 1981[^f00001] (“the Act”) and of all other powers enabling him in that behalf, having complied with the requirements of sections 3(4) and 26(4)(a) and (b) of the Act, and the requirements of section 3(5) of the Act being satisfied, hereby makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Horsey Estate (Area of Special Protection) Order 1988 and shall come into force on 17th March 1988.

• (2) In this Order —

• “the Horsey Estate Area of Special Protection” means the area specified in the Schedule to this Order;

• “the deposited map” means the map marked “Map referred to in the Horsey Estate (Area of Special Protection) Order 1988” and signed by an Under Secretary in the Department of the Environment, which has been prepared in duplicate and of which one copy has been deposited, and is available for inspection, at the offices of the North Norfolk District Council, and the other has been deposited, and is available for inspection, at the offices of the Secretary of State for the Environment.

Offences

2

Any person who, within the Horsey Estate Area of Special Protection, at any time intentionally —

• (i) kills, injures or takes any wild bird; or

• (ii) takes, damages or destroys the nest of such a bird while that nest is in use or being built; or

• (iii) takes or destroys an egg of such a bird; or

• (iv) disturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; or

• (v) disturbs dependent young of such a bird, shall be guilty of an offence under section 3 of the Act and liable to a special penalty.

3

Any person who enters into the Horsey Estate Area of Special Protection at any time shall be guilty of an offence under section 3 of the Act and liable to a special penalty.

SCHEDULE

The area within the County of Norfolk known as Horsey Estate, Horsey and which is shown enclosed by a black line and cross hatched black on the deposited map.

Signed

Signed by authority of the Secretary of State

T. R. Hornsby — An Under Secretary in the — Department of the Environment — 24th February 1988

Explanatory note

(This note is not part of the Order)

This Order makes part of the land owned by the National Trust at Horsey in the County of Norfolk an area of special protection for wild birds under section 3 of the Wildlife and Countryside Act 1981 (“the Act”).

Subject to the provisions of the Act, articles 2 and 3 of the Order make the acts described in those articles offences under section 3 of the Act, and make offenders liable to a special penalty in accordance with section 21 of the Act.

The Order does not affect the exercise of rights by owners, lessees or occupiers of any land in the area or of rights granted by virtue of a licence or agreement.

Footnotes

[^f00001]: 1981 c. 69.