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The Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111017210

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 42(4) of the Wildlife and Natural Environment (Scotland) Act 2011 for approval by resolution of the Scottish Parliament

Wildlife

Made 2012

Coming into force 2nd July 2012

The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 42(1) and (2) of the Wildlife and Natural Environment (Scotland) Act 2011f1, and all other powers enabling them to do so.

In accordance with section 42(4) of that Actf2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2011 asp 6.

f2

Section 42(4) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

Contents

  1. 1Citation and commencement
  2. 2Consequential modifications, repeals and revocation
  3. Signature
  4. Schedule
  5. Part 1: MODIFICATIONS OF PUBLIC GENERAL ACTS
  6. Criminal Procedure (Scotland) Act 1995
  7. 1Paragraph 1
  8. Marine (Scotland) Act 2010
  9. 2Paragraph 2
  10. Part 2: MODIFICATIONS OF SUBORDINATE LEGISLATION
  11. The Marketing Development Scheme (Specification of Activities) Order 1994
  12. 3Paragraph 3
  13. Conservation (Natural Habitats, &c.) Regulations 1994
  14. 4Paragraph 4
  15. The Food Industry Development Scheme (Specification of Activities) Order 1997
  16. 5Paragraph 5
  17. Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008
  18. 6Paragraph 6
  19. 3REPEALS
  20. 4REVOCATION
  21. Explanatory note

1Citation and commencement

This Order may be cited as the Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012, and comes into force on 2nd July 2012.

2Consequential modifications, repeals and revocation

The modifications listed in Parts 1 and 2, the repeals listed in Part 3 and the revocation listed in Part 4 of the Schedule have effect.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

1

In Schedule 9 (certificates as to proof of certain routine matters) to the Criminal Procedure (Scotland) Act 1995f1 in column 1 of the entry relating to the Wildlife and Countryside Act 1981f2, for “Sections 1, 5, 6(1) to (3), 7, 8, 9(1), (2), (4) and (5), 11(1) and (2), 13(1) and (2) and 14” substitute “Sections 1, 5, 6(1) to (3), 7, 8, 9(1), (2), (4) and (5), 10A(1), 11(1) and (2), 11G(1), 11I(1), 13(1) and (2), 14, 14ZC and 14A”f3.

2

In section 132(2)(c) (enforcement of marine protection and nature conservation legislation) of the Marine (Scotland) Act 2010f1, for “11, 13, 14 and 14A” substitute “10A, 11, 11A, 11B, 11C, 11E, 11G, 11I, 13, 14, 14ZC, 14A, 14B, 14K, 18A and 18B”f2.

3

In article 2(2)(a) of the Marketing Development Scheme (Specification of Activities) Order 1994f1—

(a)

after “game” insert—

“(i)

in relation to England and Wales,”; and

(b)

at the end of the sub-paragraph after the date “1862”, insert—

“(ii)

in relation to Scotland, means the species listed in Part 1 of Schedule 2 and Schedule 6A to the Wildlife and Countryside Act 1981f2;”.

4

In regulation 101A (application of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981) of the Conservation (Natural Habitats, &c.) Regulations 1994f1—

(a)

in paragraph (3)(a)(i) after “9(5)” insert “11I(1)”; and

(b)

in paragraphs (3)(c), 4(c)(i) and 4(d), for “14A” substitute “14K”.

5

In article 2(2)(a) of the Food Industry Development Scheme (Specification of Activities) Order 1997f1—

(a)

after “game” insert—

“(i)

in relation to England and Wales,”; and

(b)

at the end of the sub-paragraph after the date “1862”, insert—

“(ii)

in relation to Scotland, means the species listed in Part 1 of Schedule 2 and Schedule 6A to the Wildlife and Countryside Act 1981;”.

6

In the definition of “General Licence” in Schedule 1 to the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008f1, after “the Scottish Ministers” insert “(or Scottish Natural Heritage or a local authority where the Scottish Ministers have delegated their licence-granting power under section 16A of the Wildlife and Countryside Act 1981)”f2.

3REPEALS

Enactment

Extent of Repeal
The Criminal Procedure (Scotland) Act 1995 (c.46)In Schedule 5, the entries relating to the—
Night Poaching Act 1828 (c.69);
Game (Scotland) Act 1832 (c.68); and
Poaching Prevention Act 1862 (c.114).
In Schedule 10, the entry relating to the Night Poaching Act 1828 (c.69).

4REVOCATION

Reference

Order revoked
S.S.I. 2010/8The Snares (Scotland) Order 2010

Explanatory note

(This note is not part of the Order)

This Order makes consequential modifications to primary and secondary legislation in connection with the commencement of provisions of the Wildlife and Natural Environment (Scotland) Act 2011 on 2nd July 2012 (article 2 and Parts 1 and 2 of the Schedule). The Order also repeals and revokes certain enactments (article 2 and Parts 3 and 4 of the Schedule).