Office of Public Sector Information
26. In section 10 (power to grant licences) of the Conservation of Seals Act 1970(16)–
(a) after subsection (4) insert–
“(4A) A licence under this section does not authorise the use of any method of killing or taking seals which is inconsistent with regulation 41 of the Conservation (Natural Habitats, &c.) Regulations 1994 or any other enactment for the time being in force for the purpose of giving effect to Article 15 of the Habitats Directive (as read subject to any derogation permitted by Article 16 of that Directive).”; and
(b) after subsection (5) insert–
“(6) In subsection (4A), the “Habitats Directive” means the Directive of the Council of the European Communities dated 21st May 1992 (No. 92/43/EEC) on the conservation of natural habitats and of wild flora and fauna(17), as amended from time to time.”.
27. The Wildlife and Countryside Act 1981(18) is amended in accordance with regulations 28 and 29.
28. The following animals are removed from Schedule 5(19)–
| Common name | Scientific name |
|---|---|
| Bats, Horseshoe (all species) | Rhinolophidae |
| Bats, Typical (all species) | Vespertilionidae |
| Butterfly, Large Blue | Maculinea arion |
| Cat, Wild | Felis silverstris |
| Dormouse | Muscardinus avellanarius |
| Lizard, Sand | Lacerta agilis |
| Newt, Great Crested (otherwise known as Warty newt) | Triturus cristatus |
| Otter, Common | Lutra lutra |
| Snake, Smooth | Coronella austriaca |
| Sturgeon | Acipenser sturio |
| Toad, Natterjack | Bufo calamita |
| Turtles, Marine (all species) | Dermochelyidae and Cheloniidae |
| Dolphins (all species) | Cetacea |
| Porpoises (all species) | Cetacea |
| Whale (all species) | Cetacea |
29. The following plants are removed from Schedule 8(20)–
| Common name | Scientific name |
|---|---|
| Dock, Shore | Rumex rupestris |
| Fern, Killarney | Trichomanes speciosum |
| Gentian, Early | Gentianella anglica |
| Lady's-slipper | Cypripedium calceolus |
| Marshwort, Creeping | Apium repens |
| Naiad, Slender | Najas flexilis |
| Orchid, Fen | Liparis loeselii |
| Plantain , Floating Water | Luronium natans |
| Saxifrage, Marsh | Saxifrage hirulus |
30. In Column 2 of the Schedule to the Spring Traps Approval (Scotland) Order 1996(21) substitute “Schedule 6” for “Schedules 5 and 6” in each place where those words appear.
31.—(1) Despite the coming into force of regulation 10, the Conservation (Natural Habitats, &c.) Regulations 1994(22) as they stood on the date that these Regulations were made shall continue in full force and effect, up to and including 30th April 2007, so far as they relate to an offence under regulation 39(2) (as it stood on the date that these Regulations were made) of keeping or transporting any live or dead wild animal of a European protected species or any part of, or anything derived from, such an animal.
(2) Despite the coming into force of regulation 14, the Conservation (Natural Habitats, &c.) Regulations 1994 as they stood on the date that these Regulations were made shall continue in full force and effect, up to and including 30th April 2007, so far as they relate to an offence under regulation 43(2) (as it stood on the date that these Regulations were made) of keeping or transporting any live or dead wild plant of a European protected species, or any part of, or anything derived from, such a plant.
(3) In this Regulation “European protected species” shall be construed in accordance with regulations 38 and 42 respectively of the Conservation (Natural Habitats, &c.) Regulations 1994.
SARAH H BOYACK
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
14th February 2007
1970 c. 30. There are amendments to section 10 not relevant to these Regulations. Back [16]
O.J. No. L 206, 22.7.1992, p.7. Back [17]
1981 c. 69. Back [18]
The entries relating to the wild cat, dolphins (all species), the dormouse, porpoises (all species), marine turtles (all species) and whale (all species) were inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988 (S.I. 1988/288). The entry relating to the sturgeon was inserted by article 2 of the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1992 (S.I. 1992/2350). There are further amendments to Schedule 5 not relevant to these Regulations. Back [19]
The entry relating to the creeping marshwort was inserted by article 3 of the Wildlife and Countryside Act 1981 (Variation of Schedules) Order 1988 (S.I. 1988/288). The entries relating to the shore dock, the early gentian, the slender naiad, the floating water plantain and the marsh saxifrage were inserted by article 3 of the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1992 (S.I. 1992/2350). There are further amendments to Schedule 8 not relevant to these Regulations. Back [20]
The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007