Office of Public Sector Information
PART I continued
(5)The Secretary of State shall not make an order under this section unless—
(a)all the owners and occupiers aforesaid have consented thereto;
(b)no objections thereto have been made by any of those owners or occupiers before the expiration of a period of three months from the date of the giving of the notice or the publication of the advertisement; or
(c)any such objections so made have been withdrawn.
F1Words in s. 3(1)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 2
F2Word in s. 3(4) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 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 make provision with respect to any area specified in the order providing for all or any of the following matters, that is to say—
(a)that any person who, within that area or any part of it specified in the order, at any time or during any period so specified, intentionally [F1or recklessly]—
(i)kills, injures or takes any wild bird or any wild bird so specified;
(ii)takes, damages or destroys the nest of such a bird while that nest is in use or being built;
(iii)takes or destroys an egg of such a bird;
(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 this section;
(b)that any person who, except as may be provided in the order, enters into that area or any part of it specified in the order at any time or during any period so specified shall be guilty of an offence under this section;
(c)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The making of any order under this section with respect to any area shall not affect the exercise by any person of any right vested in him, whether as owner, lessee or occupier of any land in that area or by virtue of a licence or agreement.
(4)Before making any order under this section the Secretary of State shall give particulars of the intended order either by notice in writing to every owner and every occupier of any land included in the area with respect to which the order is to be made or, where the giving of such a notice is in his opinion impracticable, by advertisement in a newspaper circulating in the [F4locality] in which that area is situated.
(5)The Secretary of State shall not make an order under this section unless—
(a)all the owners and occupiers aforesaid have consented thereto;
(b)no objections thereto have been made by any of those owners or occupiers before the expiration of a period of three months from the date of the giving of the notice or the publication of the advertisement; or
(c)any such objections so made have been withdrawn.
F1Words in s. 3(1)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 4(a); S.S.I. 2004/407, art. 2
F2S. 3(1)(c) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5
F3S. 3(2) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 4(b); S.S.I. 2004/407, art. 2
F4Word in s. 3(4) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
(1)Nothing in section 1 or in any order made under section 3 shall make unlawful—
(a)anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M1Agriculture Act 1947, or by the Secretary of State under section 39 of the M2Agriculture (Scotland) Act 1948;
(b)anything done under, or in pursuance of an order made under, section 21 or 22 of the M3Animal Health Act 1981; or
(c)except in the case of a wild bird included in Schedule [F3ZA1 or] 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.
(2)Notwithstanding anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of—
(a)the taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;
(b)the killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or
(c)any act made unlawful by those provisions if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.
(3)Notwithstanding anything in the provisions of section 1 or any order made under section 3, an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of—
(a)preserving public health or public or air safety;
(b)preventing the spread of disease; or
(c)preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, [F1, fisheries or inland waters].
[F2(4)An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection (3)(c) unless he shows that as regards that purpose, there was no other satisfactory solution.
(5)An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time for any purpose mentioned in that paragraph if it had become apparent, before that time, that that action would prove necessary for that purpose and either—
(a)a licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; or
(b)an application by him for such a licence had been determined.
(6)An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action.]
F1Words in s. 4(3)(c) substituted (30.11.1995) by S.I. 1995/2825, reg. 2(1)
F2S. 4(4)-(6) inserted (30.11.1995) by S.I. 1995/2825, reg. 2(2)
F3Words in s. 4(1)(c) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(4)(a),107; 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
M11947 c. 48.
M21948 c. 45.
M31981 c. 22.
(1)Nothing in section 1 or in any order made under section 3 shall make unlawful—
(a)anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M1Agriculture Act 1947, or by the Secretary of State under section 39 of the M2Agriculture (Scotland) Act 1948;
(b)anything done under, or in pursuance of an order made under, section 21 or 22 of the M3Animal Health Act 1981; or
(c)except in the case of a wild bird included in Schedule 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.
(2)Notwithstanding anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of—
(a)the taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;
(b)the killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or
(c)any act made unlawful by those provisions [F1 (an unlawful act if he shows that each of the conditions specified in subsection (2A) was satisfied in relation to the carrying out of the unlawful act.]
[F2(2A)Those conditions are—
(a)that the unlawful act was the incidental result of a lawful operation or other activity;
(b)that the person who carried out the lawful operation or other activity—
(i)took reasonable precautions for the purpose of avoiding carrying out the unlawful act; or
(ii)did not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; and
(c)that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent to the person, such steps as were reasonably practicable in the circumstances to minimise the damage or disturbance to the wild bird, nest or, as the case may be, egg in relation to which the unlawful act was carried out.]
(3)Notwithstanding anything in the provisions of section 1 or any order made under section 3, an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of—
(a)preserving public health or public or air safety;
(b)preventing the spread of disease; or
(c)preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, [F3, fisheries or inland waters].
[F4(4)An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection [F5(3)] unless he shows that as regards that purpose, there was no other satisfactory solution.
(5)An authorised person shall not be entitled to rely on the defence provided by subsection [F6(3)] as respects any action taken at any time for any purpose mentioned in that [F7subsection] if it had become apparent, before that time, that that action would prove necessary for that purpose and either—
(a)a licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; or
(b)an application by him for such a licence had been determined.
(6)An authorised person shall not be entitled to rely on the defence provided by subsection [F8(3)] as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action.]
F1Words in s. 4(2)(c) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(2); S.S.I. 2004/407, art. 2
F2S. 4(2A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(3); S.S.I. 2004/407, art. 2
F3Words in s. 4(3)(c) substituted (30.11.1995) by S.I. 1995/2825, reg. 2(1)
F4S. 4(4)-(6) inserted (30.11.1995) by S.I. 1995/2825, reg. 2(2)
F5Words in s. 4(4) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(4); S.S.I. 2004/407, art. 2
F6Words in s. 4(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(5)(a); S.S.I. 2004/407, art. 2
F7Word in s. 4(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(5)(b); S.S.I. 2004/407, art. 2
F8Words in s. 4(6) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 5(6); 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
M11947 c. 48.
M21948 c. 45.
M31981 c. 22.
(1)Subject to the provisions of this Part, if any person—
(a)sets in position any of the following articles, being an article which is of such a nature and is so placed as to be calculated to cause bodily injury to any wild bird coming into contact therewith, that is to say, any springe, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance;
(b)uses for the purpose of killing or taking any wild bird any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net, baited board, bird-lime or substance of a like nature to bird-lime;
(c)uses for the purpose of killing or taking any wild bird—
(i)any bow or crossbow;
(ii)any explosive other than ammunition for a firearm;
(iii)any automatic or semi-automatic weapon;
(iv)any shot-gun of which the barrel has an internal diameter at the mule of more than one and three-quarter inches;
(v)any device for illuminating a target or any sighting device for night shooting;
(vi)any form of artificial lighting or any mirror or other dazzling device;
(vii)any gas or smoke not falling within paragraphs (a) and (b); or
(viii)any chemical wetting agent;
(d)uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; F1 . . .
(e)uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, [F2 ; or
(f)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection and which is not lawful under subsection (5),]
he shall be guilty of an offence F3. . . .
(2)Subject to subsection (3), the Secretary of State may by order, either generally or in relation to any kind of wild bird specified in the order, amend subsection (1) by adding any method of killing or taking wild birds or by omitting any such method which is mentioned in that subsection.
(3)The power conferred by subsection (2) shall not be exerciseable, except for the purpose of complying with an international obligation, in relation to any method of killing or taking wild birds which involves the use of a firearm.
(4)In any proceedings under subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to wild birds.
[ F4(4A)In any proceedings under subsection (1)(f) relating to an act which is mentioned in subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to wild birds.]
(5)Nothing in subsection (1) shall make unlawful—
(a)the use of a cage-trap or net by an authorised person for the purpose of taking a bird included in Part II of Schedule 2;
(b)the use of nets for the purpose of taking wild duck in a duck decoy which is shown to have been in use immediately before the passing of the M1Protection of Birds Act 1954; or
(c)the use of a cage-trap or net for the purpose of taking any game bird if it is shown that the taking of the bird is solely for the purpose of breeding;
but nothing in this subsection shall make lawful the use of any net for taking birds in flight or the use for taking birds on the ground of any net which is projected or propelled otherwise than by hand.
F1Word "or" in s. 5(1)(d) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(2), 3(3).
F2Word "or" and s. 5(1)(f) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(3), 3(3).
F3Words in s. 5(1) repealed (30.1.2001 for E.W. and 26.3.2002 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5
F4S. 5(4A) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(4), 3(3).
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
M11954 c. 30.
(1)Subject to the provisions of this Part, if any person—
(a)sets in position any of the following articles, being an article which is of such a nature and is so placed as to be [F1likely] to cause bodily injury to any wild bird coming into contact therewith, that is to say, any springe, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance;
(b)uses for the purpose of killing or taking any wild bird any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net, baited board, bird-lime or substance of a like nature to bird-lime;
(c)uses for the purpose of killing or taking any wild bird—
(i)any bow or crossbow;
(ii)any explosive other than ammunition for a firearm;
(iii)any automatic or semi-automatic weapon;
(iv)any shot-gun of which the barrel has an internal diameter at the mule of more than one and three-quarter inches;
(v)any device for illuminating a target or any sighting device for night shooting;
(vi)any form of artificial lighting or any mirror or other dazzling device;
(vii)any gas or smoke not falling within paragraphs (a) and (b); or
(viii)any chemical wetting agent;
(d)uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; F2 . . .
(e)uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, [F3 ; or
(f)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection and which is not lawful under subsection (5),]
he shall be guilty of an offence F4. . . .
(2)Subject to subsection (3), the Secretary of State may by order, either generally or in relation to any kind of wild bird specified in the order, amend subsection (1) by adding any method of killing or taking wild birds or by omitting any such method which is mentioned in that subsection.
(3)The power conferred by subsection (2) shall not be exerciseable, except for the purpose of complying with an international obligation, in relation to any method of killing or taking wild birds which involves the use of a firearm.
(4)In any proceedings under subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to wild birds.
[ F5(4A)In any proceedings under subsection (1)(f) relating to an act which is mentioned in subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to wild birds.]
(5)Nothing in subsection (1) shall make unlawful—
(a)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the use of a cage-trap or net for the purpose of taking any game bird if it is shown that the taking of the bird is solely for the purpose of breeding;
but nothing in this subsection shall make lawful the use of any net for taking birds in flight or the use for taking birds on the ground of any net which is projected or propelled otherwise than by hand.
F1Word in s. 5(1)(a) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 6(a); S.S.I. 2004/407, art. 2
F2Word "or" in s. 5(1)(d) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(2), 3(3).
F3Word "or" and s. 5(1)(f) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(3), 3(3).
F4Words in s. 5(1) repealed (30.1.2001 for E.W. and 26.3.2002 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5
F5S. 5(4A) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 1(4), 3(3).
F6S. 5((5)(a)(b) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 6(b); 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)Subject to the provisions of this Part, if any person—
(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live wild bird other than a bird included in Part I of Schedule 3, or an egg of a wild bird or any part of such an egg; or
(b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,
he shall be guilty of an offence.
(2)Subject to the provisions of this Part, if any person [F1who is not for the time being registered in accordance with regulations made by the Secretary of State]—
(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any dead wild bird other than a bird included in Part II or III of Schedule 3, or any part of, or anything derived from, such a wild bird; or
(b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,
he shall be guilty of an offence.
Wildlife and Countryside Act 1981