Office of Public Sector Information
PART I continued
[F6(4AA)Except in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]
(4B)A person guilty of an offence under [F7section 19XB(1)(a) or (2)(a)] in relation to a wildlife inspector [F8entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed] shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(4C)A person guilty of an offence under section [F919XB(4)] shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(4D)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]
(5)Where an offence to which subsection (1) F11. . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.
(6)The court by which any person is convicted of an offence under this Part—
(a)shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and
(b)may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 [F12or 14ZA] , any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.
(7)Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.
F1S. 21(1) substituted for s. 21(1)-(3) (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(2)(6)
F2Words in s. 21(4)(6)(b) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2
F3Words in s. 21(4)(a)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 9 para. 10(3)(a)(b)(6)
F4S. 21(4A)-(4D) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(4)(6)
F5S. 21(4A)(4D) omitted (E.W.) (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2) and repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 12; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2
F6S. 21(4AA) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(3); S.I. 2006/1382, art. 2
F7Words in s. 21(4B) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(a); S.I. 2006/1382, art. 2
F8Words in s. 21(4B) substituted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(b); S.I. 2006/1382, art. 2
F9Words in s. 21(4C) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(5); S.I. 2006/1382, art. 2
F10S. 21(4A)(4D) omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2) and repealed (1.102006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 12; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2
F11Words in s. 21(5) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 9 para. 10(5)(6), Sch. 16 Pt. IV
F12Words in s. 21(4)(6)(b) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2
C1S. 21(4AA)-(4C) applied (with modifications) (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
[F1(1)Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 [F2, 15A, 17, 19ZC (other than an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by section 19ZC(3)(d)) or 19ZD] shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.]
(2)]F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A person guilty of an offence under section 14 [F4or 14A] shall be liable—
[F5(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the [F6£40,000] , or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.]
[F7(4A)A person guilty of an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by subsection (3)(d) of that section shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.]
(5)Where an offence to which subsection (1), F8. . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.
(6)The court by which any person is convicted of an offence under this Part—
(a)shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and
(b)may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 [F9or 14A] , any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.
(7)Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.
F1S. 21(1) substituted (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(a)
F2Words in s. 21(1) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(a); S.S.I. 2004/407, art. 2
F3S. 21(2)(3) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(b)
F4Words in s. 21(4) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(b)(i); S.S.I. 2004/407, art. 2
F5S. 21(4)(a)(b) substituted (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(c)
F6Words in s. 21(4)(a) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(b)(ii); S.S.I. 2004/407, art. 2
F7S. 21(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(c); S.S.I. 2004/407, art. 2
F8Words in s. 21(5) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(d)
F9Word in s. 21(6)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(d); S.S.I. 2004/407, art. 2
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
(1)The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of [F1Schedules ZA1 to 4] .
(2)An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.
(3)The Secretary of State may, on a representation made [F2to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act] , by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—
(a)add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and
(b)remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(3A)The 2006 Act means the Natural Environment and Rural Communities Act 2006.]
(4)The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or with respect to particular provisions of this Part or particular times of the year—
(a)add any animals to, or remove any animals from, Schedule 5 or Schedule 6; and
(b)add any plants to, or remove any plants from, Schedule 8.
(5)The Secretary of State may by order, either generally or with respect to particular areas of Great Britain—
(a)add any animals to, or remove any animals from, Part I of Schedule 9; and
(b)add any plants to, or remove any plants from, Part II of that Schedule.
F1Words in s. 22(1) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 47(5), 107; S.I. 2006/1382, art. 2
F2Words in s. 22(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(2)(a); S.I. 2006/2541, art. 2
F3Words in s. 22(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 74(2)(b), Sch. 12; S.I. 2006/2541, art. 2
F4S. 22(3A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(3); S. I. 2006/2541, art. 2
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
(1)The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year
[F1(a)] add any bird to, or remove any bird from, any of or any Part of Schedules [F2A1] to 4.
[F3(b)add any animal to, or remove any animal from, Schedule 5 or 6 or Part I of Schedule 9;
(c)add any plant to, or remove any plant from, Schedule 8 or Part II of Schedule 9.]
(2)An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.
[F4(2A)Before making an order under subsection (1) the Scottish Ministers shall consult Scottish Natural Heritage.]
(3)The Secretary of State may, on a representation made [F5to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act] , by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—
(a)add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and
(b)remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(3A)The 2006 Act means the Natural Environment and Rural Communities Act 2006.]
(4)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Words in s. 22(1) renumbered (S.) (1.10.2004) as s. 22(1)(a) by virtue of Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(i); S.S.I. 2004/407, art. 2
F2Word in s. 22(1) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(ii); S.S.I. 2004/407, art. 2
F3S. 22(1)(b)(c) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(a)(iii); S.S.I. 2004/407, art. 2
F4S. 22(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(b); S.S.I. 2004/407, art. 2
F5Words in s. 22(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(2)(a); S.I. 2006/2541, art. 2
F6Words in s. 22(3) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 74(2)(b), Sch. 12; S.I. 2006/2541, art. 2
F7S. 22(3A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 74(3); S. I. 2006/2541, art. 2
F8S. 22(4)(5) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 20(c); S.S.I. 2004/407, art. 2
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
(1)The Secretary of State may—
(a)establish any body or bodies, consisting in each case of such members as he may from time to time appoint;
(b)assign to any body or bodies the duty referred to in subsection (4).
(2)Without prejudice to his power under subsection (1), the Secretary of State shall, as soon as practicable after the commencement date,—
(a)establish at least one body under paragraph (a) of subsection (1); or
(b)assign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4).
(3)A reference in this Part to an advisory body is a reference to a body which is established under subsection (1) or to which the duty there referred to is assigned under that subsection.
(4)It shall be the duty of an advisory body to advise the Secretary of State on any question which he may refer to it or on which it considers it should offer its advice—
(a)in connection with the administration of this Part; or
(b)otherwise in connection with the protection of birds or other animals or plants.
(5)In so far as it does not have power to do so apart from this subsection, an advisory body may publish reports relating to the performance by it of its duty under subsection (4).
(6)Before appointing a person to be a member of an advisory body established under subsection (1)(a), the Secretary of State shall consult such persons or bodies as he thinks fit.
(7)The Secretary of State may, out of moneys provided by Parliament and to such an extent as may be approved by the Treasury, defray or contribute towards the expenses of an advisory body established under subsection (1)(a).
(1)The [F2GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act] may at any time and shall five years after [F330th October 1991] and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—
(a)any animal should be added to, or removed from, Schedule 5;
(b)any plant should be added to, or removed from, Schedule 8
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(1A)The 2006 Act means the Natural Environment and Rural Communities Act 2006.]
(2)Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led [F6to that advice being given.]
[F7(3)The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it.]
(4)The functions of the [F8GB conservation bodies] shall include power to advise or assist—
(a)any constable;
(b)any proper officer of a local authority; or
[F9(c)any wildlife inspector,]
in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.
F1S. 24 heading substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(5); S.I. 2006/2541, art. 2
F2Words in s. 24(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(2)(a); S.I. 2006/2541, art. 2
F3Words in s. 24(1) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(6)(a); S.I.1991/685, art.3.
F4Words in s. 24(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 75(2)(b), Sch. 12; S.I. 2006/2541, art. 2
F5S. 24(1A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(3); S.I. 2006/2541, art. 2
F6Words in s. 24(2) substituted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(b); 1991/685, art.3.
F7S. 24 (3) substituted ( 1.4.1991.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 11(6)(c); S.I. 1991/685, art.3.
F8Words in s. 24(4) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 75(4); S.I. 2006/2541, art. 2
F9S. 24(4)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 11
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
(1)The [F2GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act] may at any time and shall five years after [F330th October 1991] and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—
(a)any animal should be added to, or removed from, Schedule 5;
(b)any plant should be added to, or removed from, Schedule 8
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(1A)The 2006 Act means the Natural Environment and Rural Communities Act 2006.]
(2)Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led [F6to that advice being given.]
Wildlife and Countryside Act 1981