Regulation 101A Application of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981F1F2
England, Wales and Scotland
Subject to paragraphs (2) to (4), sections 19ZC (wildlife inspectors: Scotland) and 19ZD (power to take samples: Scotland) of the Wildlife and Countryside Act 1981 apply, for the purposes of these Regulations.
For the purposes of these Regulations, any reference in section 19ZC or 19ZD of the Wildlife and Countryside Act 1981 to that Act or any part thereof, shall be construed as a reference to these Regulations.
The provisions of section 19ZC of the Wildlife and Countryside Act 1981 apply for the purposes of these Regulations as if—
in subsection (4)—
in paragraph (a), for “paragraphs (a) to (c) do” there was substituted “paragraph (a) does”;
in paragraph (a)(i) and (ii) “registration or” was omitted; and
paragraph (b) was omitted;
in subsection (6), “bird or other” was omitted in each place where it occurs;
for subsection (9) there was substituted–
“(9)
In this section–
“relevant licence” means a licence under regulation 44 of the Conservation (Natural Habitats, &c.) Regulations 1994 which authorises anything which would otherwise be an offence under regulationF739(3)or 43(2) of those Regulations;
“specimen” means any animal or plant or any part of, or anything derived from, an animal or plant.”; and
after subsection (9) there was inserted–
“(10)
A person guilty of an offence under this section is 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.”.
the provisions of section 19ZD of the Wildlife and Countryside Act 1981 apply for the purposes of these Regulations as if–
in subsection (1)–
the reference to “section 19” was a reference to regulation 101 of these Regulations; and
the reference to “this Part” was a reference to Part III of these Regulations;
in subsection (2), the reference to “this Part” was a reference to Part III of these Regulations;
in subsection (5), “bird, other” was omitted;
in subsections (6) and (7), “bird or other” was omitted;
in subsection (8), the reference to “section 19(2)” was a reference to regulation 101(2) of these Regulations;
in subsection (10)(b)–
for “a bird, other” there was substituted “ an ”; and
“bird, other” was omitted; and
after subsection (10) there was inserted–
“(11)
A person guilty of an offence under this section is 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.”.
Annotations
Textual amendments
- F1
Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)
- F2
Reg. 101A inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 18 (with regs. 20, 21)
- F3
Word in reg. 101A(3)(a)(i) inserted (2.7.2012) by The Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012 (S.S.I. 2012/215), reg. 1, sch. para. 4(a)
- F4
Word in reg. 101A(3)(a) substituted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 23
- F5
Word in reg. 101A(3)(c) substituted (2.7.2012) by The Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012 (S.S.I. 2012/215), reg. 1, sch. para. 4(b)
- F6
Word in reg. 101A(3)(c) substituted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 23
- F7
Word in reg. 101A(3)(e) substituted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 23
- F8
Word in reg. 101A(4)(c)(i) substituted (2.7.2012) by The Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012 (S.S.I. 2012/215), reg. 1, sch. para. 4(b)
- F9
Word in reg. 101A(4)(c) substituted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 23
- F10
Word in reg. 101A(4)(d) substituted (2.7.2012) by The Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012 (S.S.I. 2012/215), reg. 1, sch. para. 4(b)
- F11
Word in reg. 101A(4)(d) substituted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 23