Office of Public Sector Information
PART I continued
(1)If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—
(a)stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;
(b)[F1search for,]search or examine any thing which that person may then be using or [F2may have used, or may have or have had in his possession,] if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found [F3in or] on that thing;
[F4(c)arrest that person F5. . . ;]
(d)seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.
(2)If a constable suspects with reasonable cause that any person is committing [F6or has committed] an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) [F7or arresting a person, in accordance with [F8section 24] of Police and Criminal Evidence Act 1984, for such an offence], enter any land other than a [F9dwelling or lockfast premises] .
(3)If a justice of the peace is satisfied by [F10evidence] on oath that there are reasonable grounds for suspecting that [F11an offence under this Part] has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable [F12to enter those premises, if necessary using reasonable force, and search them] for the purpose of obtaining that evidence.
In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.
[F13(4)A warrant under subsection (3) continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify.
(5)A constable authorised by virtue of this section to enter any land must, if required to do so by the occupier or anyone acting on the occupier’s behalf, produce evidence of the constable’s authority.
(6)A constable who enters any land in the exercise of a power conferred by this section—
(a)may—
(i)be accompanied by any other persons, and
(ii)take any machinery, other equipment or materials on to the land,
for the purpose of assisting the constable in the exercise of that power,
(b)may take samples of any articles or substances found there and remove the samples from the land.
(7)A power specified in subsection (6)(a) or (b) which is exercisable under a warrant is subject to the terms of the warrant.
(8)A constable leaving any land which has been entered in exercise of a power conferred by subsection (2) or by a warrant under subsection (3), being either unoccupied land or land from which the occupier is temporarily absent, must leave it as effectively secured against unauthorised entry as the constable found it.]]
F1Words in s. 19(1)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(i); S.S.I. 2004/407, art. 2
F2Words in s. 19(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(ii); S.S.I. 2004/407, art. 2
F3Words in s. 19(1)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(a)(iii); S.S.I. 2004/407, art. 2
F4S. 19(1)(c) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. I
F5Words in s. 19(1)(c) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 4(a)
F6Words in s. 19(2) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(b)(i); S.S.I. 2004/407, art. 2
F7Words inserted (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 6 para. 25
F8Words in s. 19(2) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 56 (subject to art. 2(2)); S.I. 2005/3495, art. 2(1)
F9Words in s. 19(2) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(b)(ii); S.S.I. 2004/407, art. 2
F10Words in s. 19(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(c)(i); S.S.I. 2004/407, art. 2
F11S. 19(3): paras. (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. 4(b)
F12Words in s. 19(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(c)(ii); S.S.I. 2004/407, art. 2
F13S. 19(4)-(8) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 16(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)A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred [F2by section 19] is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample.
(2)A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (the relevant specimen) may require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which—
(a)is alleged to be, or
(b)the constable suspects with reasonable cause to be,
a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.
(3)Where a sample from a live bird or other animal is to be taken pursuant to a requirement under this section, any person who has possession or control of the specimen must give the person taking the sample such assistance as he may reasonably require for that purpose.
(4) “Specimen” and “sample” have the same meaning as in section 18C.
(5)This section is subject to section 18F (restrictions on taking samples).
F1S. 19XA, 19XB inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 3; S.I. 2006/1382, art. 2
F2Words in s. 19XA(1) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 7; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 48(e) (subject to Sch. 2)
(1)A person is guilty of an offence if he—
(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), or
(b)fails without reasonable excuse to give any assistance reasonably required under section 18C(6).
(2)A person is guilty of an offence if he—
(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), or
(b)fails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), or
(c)fails without reasonable excuse to give any assistance reasonably required under section 18E(4).
(3)A person is guilty of an offence if he—
(a)fails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), or
(b)fails without reasonable excuse to give any assistance reasonably required under section 19XA(3).
(4)Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence.]
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 19ZA omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 4 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
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 19ZB omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 4 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
(1)The Scottish Ministers may authorise any person to carry out the functions conferred by this section and section 19ZD(3), (4) and (8) (and any person so authorised is to be known as a “wildlife inspector”).
(2)An authorisation under subsection (1)—
(a)shall be in writing, and
(b)is subject to any conditions or limitations specified in it.
(3)A wildlife inspector may, at any reasonable time and (if required to do so) upon producing evidence of authorisation, enter and inspect—
(a)any premises for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;
(b)any premises where the inspector has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;
(c)any premises where the inspector has reasonable cause to believe that any birds are kept, for the purpose of ascertaining whether an offence under section 8(1) is being, or has been, committed on those premises;
(d)any premises for the purpose of ascertaining whether an offence under section 14 or 14A is being, or has been, committed on those premises;
(e)any premises for the purpose of verifying any statement or representation which has been made by an occupier, or any document or information which has been furnished by the occupier, and which the occupier made or furnished—
(i)for the purposes of obtaining (whether for the occupier or another person) a relevant registration or licence; or
(ii)in connection with a relevant registration or licence held by the occupier.
(4)In subsection (3)—
(a)paragraphs (a) to (c) do not confer power to enter a dwelling except for purposes connected with—
(i)a relevant registration or licence held by an occupier of the dwelling; or
(ii)an application by an occupier of the dwelling for a relevant registration or licence,
(b)paragraph (d) does not confer power to enter a dwelling.
(5)A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 8(1), 9(5), 13(2), 14 or 14A is being, or has been, committed in respect of any specimen, require any person who has possession or control of the specimen to make it available for examination by the inspector.
(6)Any person who has possession or control of any live bird or other animal shall give any wildlife inspector acting in the exercise of powers conferred by this section such assistance as the inspector may reasonably require for the purpose of examining the bird or other animal.
(7)Any person who—
(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5); or
(b)fails without reasonable excuse to give any assistance reasonably required under subsection (6),
shall be guilty of an offence.
(8)Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence.
(9)In this section—
“relevant registration or licence” means—
a registration in accordance with regulations under section 7(1); or
a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), 13(2), 14 or 14A;
“specimen” means any bird, other animal or plant or any part of, or anything derived from, a bird, other animal or plant.
F1Ss. 19ZC, 19ZD inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 17; S.S.I. 2004/407, art. 2
C1S. 19ZC applied (with modifications) (S.) (29.11.2004) by S.I. 1994/2716, reg. 101A(3) (as susbstituted by The Conservation (Natural Habitats, & c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), reg. 18
(1)A constable who suspects with reasonable cause that a specimen found by the constable in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample of blood or tissue in order to determine its origin, identity or ancestry.
(2)A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (“the relevant specimen”) may require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.
(3)A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2), 14 or 14A is being or has been committed, require the taking of a sample of blood or tissue from a specimen found by the inspector in the exercise of powers conferred by section 19ZC(3)(a) to (d) in order to determine its origin, identity or ancestry.
(4)A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2), 14 or 14A is being or has been committed in respect of any specimen (“the relevant specimen”), require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen.
(5)No sample from a live bird, other animal or plant shall be taken pursuant to a requirement under this section unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen.
(6)No sample from a live bird or other animal shall be taken pursuant to such a requirement except by a veterinary surgeon.
(7)Where a sample from a live bird or other animal is to be taken pursuant to such a requirement, any person who has possession or control of the specimen shall give the person taking the sample such assistance as that person may reasonably require for that purpose.
(8)A constable entering premises under section 19(2), and any wildlife inspector entering premises under section 19ZC(3), may take with him a veterinary surgeon if the constable or, as the case may be, inspector has reasonable grounds for believing that such a person will be required for the exercise on the premises of powers under subsection (1) or (2) or, as the case may be, (3) or (4).
(9)Any person who—
(a)intentionally obstructs a wildlife inspector acting in the exercise of the power conferred by subsection (3),
(b)fails without reasonable excuse to make available any specimen in accordance with a requirement under subsection (2) or (4), or
(c)fails without reasonable excuse to give any assistance reasonably required under subsection (7),
shall be guilty of an offence.
(10)In this section—
(a) “specimen” has the same meaning as in section 19ZC;
(b)in relation to a specimen which is a part of, or is derived from, a bird, other animal or plant, references to determining its origin, identity or ancestry are to determining the origin, identity or ancestry of the bird, other animal or plant.]
C1S. 19ZD applied (with modifications) (S.) (29.11.2004) by S.I. 2004/2716, reg. 101A(3) (as substituted by The Conservation (Natural Habitats, & c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), reg. 18)
In any proceedings in Scotland for an offence under section 1(1)(c) of, or by virtue of section 3(1)(a)(iii) of, this Act, the accused may be convicted on the evidence of one witness.]
F1S. 19A inserted (18.9.1993) (S.) by 1993 c. 9, s.36 (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(3), Sch.2.
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)[F3Proceedings for a summary offence under this Part] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than two years after the commission of the offence.
(3)For the purpose of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
F1S. 20 heading substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 3(3); S.I. 2006/1382, art. 2
F2S. 20(1) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 9(1)(a), Sch. 16 Pt. IV (with Sch. 12 para. 9(2))
F3Words in s. 20(2) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 3(2); 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
(1)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Summary proceedings for an offence [F2under this Part] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than [F3three] years after the commission of the offence [F4or, in the case of a continuous contravention, after the last date on which the offence was committed] .
(3)For the purpose of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
F1S. 20(1) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 5(a)
F2Words in s. 20(2) substituted (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 5(b)
F3Word in s. 20(2) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 18(a); S.S.I. 2004/407, art. 2
F4Word in s. 20(2) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 18(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
[F1(1)Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 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.]
(4)A person guilty of an offence under section 14 [F2or 14ZA] shall be liable—
(a)on summary conviction, [F3to 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, [F3to imprisonment for a term not exceeding two years or to a fine, or to both].
[F4(4A)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wildlife and Countryside Act 1981