(1)Subject to the provisions of this Part, if any person intentionally—
(a)kills, injures or takes any wild bird;
[F4(aa)takes, damages or destroys the nest of a wild bird included in Schedule ZA1;]
(b)takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or
(c)takes or destroys an egg of any wild bird,
he shall be guilty of an offence.
(2)Subject to the provisions of this Part, if any person has in his possession or control—
(a)any live or dead wild bird or any part of, or anything derived from, such a bird; or
(b)an egg of a wild bird or any part of such an egg,
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 bird or egg had not been killed or taken, or had been [F5lawfully] killed or taken F6. . . ; or
(b)the bird, egg or other thing in his possession or control had been [F7lawfully] sold (whether to him or any other person) F8. . . ;
F9. . .
[F10(3A)In subsection (3) “lawfully” means without any contravention of—
(a)this Part and orders made under it,
(b)the Protection of Birds Acts 1954 to 1967 F11 and orders made under those Acts,
(c)any other legislation which implements [F12the Wild Birds Directive] and extends to any part of the United Kingdom, to any area designated in accordance with section 1(7) of the Continental Shelf Act 1964 F13, or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 F14, and
(d)the provisions of the law of any member State (other than the United Kingdom) implementing [F15the Wild Birds Directive] .]
(4)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Subject to the provisions of this Part, if any person intentionally [F2or recklessly]—
(a)disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or
(b)disturbs dependent young of such a bird,
he shall be guilty of an offence F3. . . .
[F16(6)For the purposes of this section the definition of “wild bird in section 27(1) is to be read as not including any bird which is shown to have been bred in captivity unless it has been lawfully released into the wild as part of a re-population or re-introduction programme.
(6A) “Re-population” and “re-introduction” have the same meaning as in [F17the Wild Birds Directive].]
(7)Any reference in this Part to any bird included in Schedule 1 is a reference to any bird included in Part I and, during the close season for the bird in question, any bird included in Part II of that Schedule.
F1S. 1(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
F2Words in s. 1(5) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 1 and inserted by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(5); S.S.I. 2004/407, art. 2
F3Words in s. 1(5) 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
F4S. 1(1)(aa) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 47(2),107; S.I. 2006/1382, art. 2
F5Word in s. 1(3)(a) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), reg. 3(a)(i) and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(a)(i)
F6Words in s. 1(3)(a) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), reg. 3(a)(ii) and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(a)(ii)
F7Word in s. 1(3)(b) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), reg. 3(b)(i) and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(b)(i)
F8Words in s. 1(3)(b) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), reg. 3(b)(ii) and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(b)(ii)
F9Words in s. 1(3) omitted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by virtue of The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), reg. 3(c) and by virtue of The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(c)
F10S. 1(3A) inserted (E.W.) (14.7.2004 as specified in S.I. 2004/1487 and 2.8.2004 as specified in S.I. 2004/1733) by The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1487), reg. 3(d) and by The Wildlife and Countryside Act 1981 (Amendment) (Wales) Regulations 2004 (S.I. 2004/1733), reg. 3(1), Sch. para. 1(d)
F111954 c. 30; 1964 c. 59; 1967 c. 46.
F12Words in s. 1(3A)(c) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(a)(i)
F131964 c. 29.
F141976 c. 86.
F15Words in s. 1(3A)(d) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(a)(ii)
F16S. 1(6)(6A) substituted (E.W.) (1.10.2006) for s. 1(6) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 48(1),107; S.I. 2006/2541, art. 2
F17Words in s. 1(6A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843), reg. 7(2)(b)
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
(1)Subject to the provisions of this Part, if any person intentionally [F1or recklessly]—
(a)kills, injures or takes any wild bird;
(b)takes, damages [F2, destroys or otherwise interferes with] the nest of any wild bird while that nest is in use or being built; or
[F3(ba)at any other time takes, damages, destroys or otherwise interferes with any nest habitually used by any wild bird included in Schedule A1;
(bb)obstructs or prevents any wild bird from using its nest;]
(c)takes or destroys an egg of any wild bird,
he shall be guilty of an offence.
(2)Subject to the provisions of this Part, if any person has in his possession or control—
(a)any live or dead wild bird or any part of, or anything derived from, such a bird; or
(b)an egg of a wild bird or any part of such an egg,
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 bird or egg had not been killed or taken, or had been killed or taken [F4at or from a place in Scotland] otherwise than in contravention of the relevant provisions; F5. . .
(b)the bird, egg or other thing in his possession or control had been sold [F6at a place in Scotland](whether to him or any other person) otherwise than in contravention of those provisions; [F7; or
(c)that the bird, egg 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 bird, egg or other thing had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations.]
F8. . .
[F9(3A)In subsection (3)—
“the relevant provisions” means such of the provisions of—
the Protection of Birds Acts 1954 to 1967 and orders made under those Acts, and
this Part and orders made under it,
as were in force at the time when the bird or egg was killed or taken or, as the case may be, the bird, egg or other thing was sold,
“the relevant regulations” means—
Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade, and
Commission Regulation 1808/2001/EC on the implementation of that Council Regulation,
as amended from time to time (or any Community instrument replacing either of them).]
(4)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Subject to the provisions of this Part, if any person intentionally [F11or recklessly]—
(a)disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or
(b)disturbs dependent young of such a bird,
he shall be guilty of an offence F12. . . .
[F13(5A)Subject to the provisions of this Part, any person who intentionally or recklessly disturbs any wild bird included in Schedule 1 which leks while it is doing so shall be guilty of an offence.
(5B)Subject to the provisions of this Part, any person who intentionally or recklessly harasses any wild bird included in Schedule 1A shall be guilty of an offence.
(5C)Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section shall be guilty of an offence.]
(6)In this section “wild bird” does not include any bird which is shown to have been bred in captivity.
(7)Any reference in this Part to any bird included in Schedule 1 is a reference to any bird included in Part I and, during the close season for the bird in question, any bird included in Part II of that Schedule.
F1Words in s. 1(1) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(a); S.S.I. 2004/407, art. 2
F2Words in s. 1(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(b); S.S.I. 2004/407, art. 2
F3S. 1(1)(ba)(bb) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(2)(c); S.S.I. 2004/407, art. 2
F4Words in s. 1(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(a); S.S.I. 2004/407, art. 2
F5Word in s. 1(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(b); S.S.I. 2004/407, art. 2
F6Words in s. 1(3)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(c); S.S.I. 2004/407, art. 2
F7S. 1(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(d); S.S.I. 2004/407, art. 2
F8Words in s. 1(3) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(3)(e); S.S.I. 2004/407, art. 2
F9S. 1(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(4); S.S.I. 2004/407, art. 2
F10S. 1(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
F11Words in s. 1(5) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 1 and inserted by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(5); S.S.I. 2004/407, art. 2
F12Words in s. 1(5) 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
F13S. 1(5A)-(5C) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 2(6); S.S.I. 2004/407, art. 2
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
(1)Subject to the provisions of this section, a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.
(2)Subject to the provisions of this section, an authorised person shall not be guilty of an offence under section 1 by reason of—
(a)the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;
(b)the taking, damaging or destruction of a nest of such a bird; or
(c)the taking or destruction of an egg of such a bird.
(3)Subsections (1) and (2) shall not apply in Scotland on Sundays or on Christmas Day; and subsection (1) shall not apply on Sundays in any area of England and Wales which the Secretary of State may by order prescribe for the purposes of that subsection.
(4)In this section and section 1 “close season” means—
(a)in the case of [F1capercaillie and] (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September;
(b)in the case of snipe, the period in any year commencing with 1st February and ending with 11th August;
(c)in the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August;
(d)in any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August.
(5)The Secretary of State may by order made with respect to the whole or any specified part of Great Britain vary the close season for any wild bird specified in the order.
(6)If it appears to the Secretary of State expedient that any wild birds included in Part II of Schedule 1 or Part I of Schedule 2 should be protected during any period outside the close season for those birds, he may by order made with respect to the whole or any specified part of Great Britain declare any period (which shall not in the case of any order exceed fourteen days) as a period of special protection for those birds; and this section and section 1 shall have effect as if any period of special protection declared under this subsection for any birds formed part of the close season for those birds.
(7)Before making an order under subsection (6) the Secretary of State shall consult a person appearing to him to be a representative of persons interested in the shooting of birds of the kind proposed to be protected by the order.
F1Words in s. 2(4)(a) omitted (S.) (4.11.2001) by virtue of S.S.I. 2001/337, reg. 2(2)
C1S.2(6): Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
(1)Subject to the provisions of this section, a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.
(2)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)[F2Subsection (1)] shall not apply in Scotland on Sundays or on Christmas Day; and subsection (1) shall not apply on Sundays in any area of England and Wales which the Secretary of State may by order prescribe for the purposes of that subsection.
(4)In this section and section 1 “close season” means—
(a)in the case of [F3capercaillie and] (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September;
(b)in the case of snipe, the period in any year commencing with 1st February and ending with 11th August;
(c)in the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August;
(d)in any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August.
(5)The Secretary of State may by order made with respect to the whole or any specified part of Great Britain vary the close season for any wild bird specified in the order.
(6)If it appears to the Secretary of State expedient that any wild birds included in Part II of Schedule 1 or Part I of Schedule 2 should be protected during any period outside the close season for those birds, he may by order made with respect to the whole or any specified part of Great Britain declare any period (which shall not in the case of any order exceed fourteen days) as a period of special protection for those birds; and this section and section 1 shall have effect as if any period of special protection declared under this subsection for any birds formed part of the close season for those birds.
(7)Before making an order under subsection (6) the Secretary of State shall consult a person appearing to him to be a representative of persons interested in the shooting of birds of the kind proposed to be protected by the order.
F1S. 2(2) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 3(a); S.S.I. 2004/407, art. 2
F2Words in s. 2(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 3(b); S.S.I. 2004/407, art. 2
F3Words in s. 2(4)(a) omitted (S.) (4.11.2001) by virtue of S.S.I. 2001/337, reg. 2(2)
C1S.2(6): Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
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 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—
(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)that where any offence under this Part, or any such offence under this Part as may be specified in the order, is committed within that area, [F1the offence shall be treated as falling within section 7(3A)].
(2)An authorised person shall not by virtue of any such order be guilty of an offence by reason of—
(a)the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;
(b)the taking, damaging or destruction of the nest of such a bird;
(c)the taking or destruction of an egg of such a bird; or
(d)the disturbance of such a bird or dependent young of such a bird.
(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 [F2locality] 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)(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