LegalizeThe Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1998
Made: 20th March 1998
Laid before Parliament: 26th March 1998
Coming into force
in exercise of the powers conferred on him by section 22(3) of the Wildlife and Countryside Act 1981 and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1998.
- (2) This Order shall come into force for the purposes of article 2(2) as respects the entry relating to the Mussel, Freshwater Pearl (Margaritifera margaritifera) on 27th March 1998 and for all other purposes on 16th April 1998.
- (3) In this Order “the Act” means the Wildlife and Countryside Act 1981.
Variation of Schedule 5
2
- (1) The following animals are hereby added to Schedule 5 to the Act[^f00002]:
| Common Name | Scientific Name |
|---|---|
| Beetle, Stag (in respect of section 9(5) only) | Lucanus cervus |
| Damselfly, Southern | Coenagrion mercuriale |
| Goby, Couch's | Gobius couchii |
| Goby, Giant | Gobius cobitis |
| Hydroid, Marine | Clavopsella navis |
| Moth, Fiery Clearwing | Bembecia chrysidiformis |
| Moth, Fisher’s Estuarine | Gortyna borelii |
| Mussel, Fan (in respect of section 9(1), (2) and (5) only) | Atrina fragilis |
| Shad, Twaite (in respect of section 9(4)(a) only) | Alosa fallax |
| Shark, Basking | Cetorhinus maximus |
| Vole, Water (in respect of section 9(4) only) | Arvicola terrestris |
- (2) The following entries are hereby added to Schedule 5 to the Act in substitution for the existing entries relating to Allis Shad (Alosa alosa)3; Butterfly, Large Copper (Lycaena dispar); Butterfly, Marsh Fritillary (Eurodryas aurinia)4; Mussel, Freshwater Pearl (Margaritifera margaritifera)[^f00005]:
| Common Name | Scientific Name |
|---|---|
| Allis Shad (in respect of section 9(1) and (4)(a) only) | Alosa alosa |
| Butterfly, Large Copper | Lycaena dispar |
| Butterfly, Marsh Fritillary | Eurodryas aurinia |
| Mussel, Freshwater Pearl | Margaritifera margaritifera |
- (3) The Moth, Vipers Bugloss (Hadena irregularis)6 is hereby removed from Schedule 5 to the Act.
Variation of Schedule 8
3
The following plants are hereby added to Schedule 8 to the Act[^f00007]:
| Common Name | Scientific Name |
|---|---|
| Anomodon, Long-leaved | Anomodon longifolius |
| Beech-lichen, New Forest | Enterographa elaborata |
| Bluebell (in respect of section 13(2) only) | Hyacinthoides non-scripta |
| Bolete, Royal | Boletus regius |
| Cladonia, Convoluted | Cladonia convoluta |
| Cut-grass | Leersia oryzoides |
| Deptford Pink (in respect of England and Wales only) | Dianthus armeria |
| Feather-moss, Polar | Hygrohypnum polare |
| Stack Fleawort, South | Tephroseris integrifolia (ssp maritima) |
| Fungus, Hedgehog | Hericium erinaceum |
| Goblin Lights | Catolechia wahlenbergii |
| Spike-rush, Dwarf | Eleocharis parvula |
| Moss, Flamingo | Desmatodon cernuus |
| Polypore, Oak | Buglossoporus pulvinus |
| Puffball, Sandy Stilt | Battarraea phalloides |
| Sulphur-tresses, Alpine | Alectoria ochroleuca |
| Threadmoss, Long-leaved | Bryum neodamense |
Signed
Signed by authority of the Secretary of State
Michael Meacher — Minister of State, — Department of the Environment, Transport and the Regions — 20th March 1998
Explanatory note
(This note is not part of the Order)
This Order, which applies throughout Great Britain (except as respects the Deptford Pink plant), varies Schedules 5 and 8 to the Wildlife and Countryside Act 1981, which list animals and plants protected under that Act.
Article 2 adds seven animals generally to Schedule 5, confers limited protection on four animals and extends the protection afforded to four animals. Article 2 also removes one animal from protection.
Article 3 adds seventeen plants to Schedule 8.
As respects the Mussel, Freshwater Pearl (Margaritifera margaritifera) this Order comes into force on 27th March 1998. The remainder of this Order comes into force on 16th April 1998.
Copies of Schedule 5 (the list of animals which are protected) and Schedule 8 (the list of plants which are protected) may be obtained, free of charge, from the Department for the Environment, Transport and the Regions, Room 902 Tollgate House, Houlton Street, Bristol BS2 9DJ.
Footnotes
The functions of the Nature Conservancy Councils under section 22(3) of the Wildlife and Countryside Act 1981 (c. 69) as amended by paragraph 11(5) of Schedule 9 to the Environmental Protection Act 1990 (c. 43) may, by virtue of section 22(3) of the 1981 Act and section 133 of the 1990 Act, be discharged only through the Joint Nature Conservation Committee.
Allis Shad was added to Schedule 5, in respect of section 9(1) only, by S.I. 1991/367.
Butterfly, Large Copper and Butterfly, Marsh Fritillary were added to Schedule 5, in respect of section 9(5) only, by S.I. 1989/906.
Mussel, Freshwater Pearl was added to Schedule 5, in respect of section 9(1) so far as it relates to killing and injuring, by S.I. 1991/367.
Moth, Vipers Bugloss was added to Schedule 5 by S.I. 1988/288.
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