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PART I continued
(3)Subject to the provisions of this Part, if any person shows or causes or permits to be shown for the purposes of any competition or in any premises in which a competition is being held—
(a)any live wild bird other than a bird included in Part I of Schedule 3; or
(b)any live bird one of whose parents was such a wild bird,
he shall be guilty of an offence.
(4)F2F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(5)Any reference in this section to any bird included in Part 1 of Schedule 3 is a reference to any bird included in that Part which—
(a)was bred in captivity,
(b)has been ringed or marked in accordance with regulations made by the Secretary of State, and
(c)has not been lawfully released into the wild as part of a re-population or re-introduction programme.
(5A) “Re-population” and “re-introduction” have the same meaning as in [F7the Wild Birds Directive].
(5B)Regulations made for the purposes of subsection (5)(b) may make different provision for different birds or different provisions of this section.]
(6)Any reference in this section to any bird included in Part II or III of Schedule 3 is a reference to any bird included in Part II and, during the period commencing with 1st September in any year and ending with 28th February of the following year, any bird included in Part III of that Schedule.
[ F3(7)The power of the Secretary of State to make regulations under subsection (2) shall include power—
(a)to impose requirements as to the carrying out by a person registered in accordance with the regulations of any act which, apart from the registration, would constitute an offence under this section; and
(b)to provide that any contravention of the regulations shall constitute such an offence.]
[F3(8)Regulations under subsection (2) shall secure that no person shall become or remain registered—
(a)within five years of his having been convicted of an offence under this Part for which a special penalty is provided; or
(b)within three years of his having been convicted of any other offence under this Part so far as it relates to the protection of birds or other animals or any offence involving their ill-treatment,
no account being taken for this purpose of a conviction which has become spent by virtue of the M1Rehabilitation of Offenders Act 1974.]
[F4F3(8A)The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (2).]
[F3(9)Any person 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 authorised, enter and inspect any premises where a registered person keeps any wild birds for the purpose of ascertaining whether an offence under this section is being, or has been, committed on those premises.]
[F3(10)Any person who intentionally obstructs a person acting in the exercise of the power conferred by subsection (9) shall be guilty of an offence.]
F1Words in s. 6(2) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 3, Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
F2S. 6(4) repealed (30.1.2001 for E.W. and 26.3.2003 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
F3S. 6(4)(7)-(10) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
F4S. 6(8A) inserted (21.3.1997) by 1997 c. 55, s. 1(1)
F5S. 6(4) repealed (30.1.2001 for E.W. and 26.3.2003 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
F6S. 6(5)-(5B) substituted (E.W.) (1.10.2006) for s. 6(5) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 48(2), 107; S.I. 2006/2541, art. 2
F7Words in s. 6(5A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843) reg. 7(3)
E1This version on this provision extends to England and Wales only; a separate version has been created for Scotland only.
M11974. c. 53.
(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.
(3)Subject to the provisions of this Part, if any person shows or causes or permits to be shown for the purposes of any competition or in any premises in which a competition is being held—
(a)any live wild bird other than a bird included in Part I of Schedule 3; or
(b)any live bird one of whose parents was such a wild bird,
he shall be guilty of an offence.
(4)F2F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Any reference in this section to any bird included in Part I of Schedule 3 is a reference to any bird included in that Part which was bred in captivity and has been ringed or marked in accordance with regulations made by the Secretary of State; and regulations so made may make different provision for different birds or different provisions of this section.
(6)Any reference in this section to any bird included in Part II or III of Schedule 3 is a reference to any bird included in Part II and, during the period commencing with 1st September in any year and ending with 28th February of the following year, any bird included in Part III of that Schedule.
[ F3(7)The power of the Secretary of State to make regulations under subsection (2) shall include power—
(a)to impose requirements as to the carrying out by a person registered in accordance with the regulations of any act which, apart from the registration, would constitute an offence under this section; and
(b)to provide that any contravention of the regulations shall constitute such an offence.]
[F3(8)Regulations under subsection (2) shall secure that no person shall become or remain registered [F4within five years of his having been convicted of—
(a)an offence under this Part (being an offence relating to the protection of birds or other animals); or
(b)any other offence involving their ill-treatment,]
no account being taken for this purpose of a conviction which has become spent by virtue of the M1Rehabilitation of Offenders Act 1974.]
[F5F3(8A)The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (2).]
[F3(9)Any person 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 authorised, enter and inspect any premises where a registered person keeps any wild birds for the purpose of ascertaining whether an offence under this section is being, or has been, committed on those premises.]
[F3(10)Any person who intentionally obstructs a person acting in the exercise of the power conferred by subsection (9) shall be guilty of an offence.]
F1Words in s. 6(2) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 3, Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
F2S. 6(4) repealed (30.1.2001 for E.W. and 26.3.2003 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
F3S. 6(4)(7)-(10) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
F4S. 6(8): paras. (a)(b) and preceding words substituted (S.) (26.3.2003) for paras. (a)(b) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 2
F5S. 6(8A) inserted (21.3.1997) by 1997 c. 55, s. 1(1)
F6S. 6(4) repealed (30.1.2001 for E.W. and 26.3.2003 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
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
M11974. c. 53.
(1)If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence F1. . ..
(2)The power of the Secretary of State to make regulations under subsection (1) shall include power—
(a)to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and
(b)to make different provision for different birds or different descriptions of birds.
[F2(2A)The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).]
(3)If any person keeps or has in his possession or under his control any bird included in Schedule 4—
(a)within five years of his having been convicted of an offence under this Part [F3which falls within subsection (3A)]; or
(b)within three years of his having been convicted of any other offence under this Part so far as it relates to the protection of birds or other animals or any offence involving their ill-treatment,
he shall be guilty of an offence.
[F4(3A)The offences falling within this subsection are—
(a)any offence under section 1(1) or (2) in respect of—
(i)a bird included in Schedule [F5ZA1 or] 1 or any part of, or anything derived from, such a bird,
(ii)the nest of such a bird, or
(iii)an egg of such a bird or any part of such an egg;
(b)any offence under section 1(5) or 5;
(c)any offence under section 6 in respect of—
(i)a bird included in Schedule [F5ZA1 or 1 or any part of, or anything derived from, such a bird, or
(ii)an egg of such a bird or any part of such an egg;
[F6(ca)any offence under subsection (1);]
(d)any offence under section 8.]
(4)If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person—
(a)within five years of that person’s having been convicted of such an offence as is mentioned in paragraph (a) of subsection (3); or
(b)within three years of that person’s having been convicted of such an offence as is mentioned in paragraph (b) of that subsection,
he shall be guilty of an offence.
(5)No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the M1Rehabilitation of Offenders Act 1974.
F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Words in s. 7(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
F2S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)
F3Words in s. 7(3)(a) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(1)
F4S. 7(3A) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 4(2)
F5Words in s. 7(3A)(a)(i)(c)(i) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(4)(b), 107; S.I. 2006/1382, art. 2
F6S. 7(3A)(ca) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 49, 107; S.I. 2006/2541, art. 2
F7S. 7(6)(7) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
C1S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
M11974 c. 53.
(1)If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence F1. . . .
(2)The power of the Secretary of State to make regulations under subsection (1) shall include power—
(a)to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and
(b)to make different provision for different birds or different descriptions of birds.
[F2(2A)The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1).]
(3)If any person keeps or has in his possession or under his control any bird included in Schedule 4 [F3within five years of his having been convicted of—
(a)an offence under this Part (being an offence relating to the protection of birds or other animals); F4. . .
(b)any other offence involving their ill-treatment][F5; or
(c)any offence under the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) relating to birds (other than an offence under Regulation 9 of those Regulations)]
he shall be guilty of an offence.
(4)If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person[F6 within five years of that person’s having been convicted of such an offence as is mentioned in subsection (3),] he shall be guilty of an offence.
(5)No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the M1Rehabilitation of Offenders Act 1974.
(6)Any person 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 authorised, enter and inspect any premises where any birds included in Schedule 4 are kept for the purpose of ascertaining whether an offence under this section is being, or has been, committed on those premises.
(7)Any person who intentionally obstructs a person acting in the exercise of the power conferred by subsection (6) shall be guilty of an offence.
F1Words in s. 7(1) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), s. 86, Sch. 5
F2S. 7(2A) inserted (21.3.1997) by 1997 c. 55, s. 1(2)
F3S. 7(3): paras. (a)(b) and preceding words substituted (S.) (26.3.2003) for paras. (a)(b) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 2
F4Word in s. 7(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 7(a); S.S.I. 2004/407, art. 2
F5S. 7(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 7(b); S.S.I. 2004/407, art. 2
F6S. 7(4)(a)(b) substituted (S.) (26.3.2003) for words by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 3
C1S. 7(2A): power to transfer functions conferred (1.5.2000) by S.I. 2000/745, art. 2(1), Sch.
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
M11974 c. 53.
(1)If any person keeps or confines any bird whatever in any cage or other receptacle which is not sufficient in height, length or breadth to permit the bird to stretch its wings freely, he shall be guilty of an offence F1. . . .
(2)Subsection (1) does not apply to poultry, or to the keeping or confining of any bird—
(a)while that bird is in the course of conveyance, by whatever means;
(b)while that bird is being shown for the purposes of any public exhibition or competition if the time during which the bird is kept or confined for those purposes does not in the aggregate exceed 72 hours; or
(c)while that bird is undergoing examination or treatment by a veterinary surgeon or veterinary practitioner.
(3)Every person who—
(a)promotes, arranges, conducts, assists in, receives money for, or takes part in, any event whatever at or in the course of which captive birds are liberated by hand or by any other means whatever for the purpose of being shot immediately after their liberation; or
(b)being the owner or occupier of any land, permits that land to be used for the purposes of such an event,
shall be guilty of an offence F2. . . .
F1Words in s. 8(1) repealed (30.1.2001 for E.W. and 26.3.2003 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
F2Words in s. 8(3) repealed (30.1.2001 for E.W. and 26.3.2003 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
(1)Subject to the provisions of this Part, if any person intentionally [F1or recklessly] kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.
(2)Subject to the provisions of this Part, if any person has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal, he shall be guilty of an offence.
(3)A person shall not be guilty of an offence under subsection (2) if he shows that—
(a)the animal had not been killed or taken, or had been killed or taken [F2at or from a place in Scotland] otherwise than in contravention of the relevant provisions; [F3or]
(b)the animal or other thing in his possession or control had been sold [F4at a place in Scotland](whether to him or any other person) otherwise than in contravention of those provisions [F5; or
(c)that the animal or other thing in his possession or control had been killed at, taken from or sold at a place outwith Scotland and—
(i)that the act of killing, taking or sale would not, if it had been committed in Scotland, have been in contravention of the relevant provisions; or
(ii)that the animal or other thing had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations.]
[F6and in this subsection "the relevant provisions" means the provisions of this Part and of the Conservation of Wild Creatures and Wild Plants Act 1975]
Wildlife and Countryside Act 1981