The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008
S.I. 2008/431 · Made 21 February 2008 · Extends to England and Wales
WILDLIFE, england
Made 21st February 2008
Laid before Parliament 26th February 2008
Coming into force 6th April 2008
The Secretary of State—
has received a representation made to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the Natural Environment and Rural Communities Act 2006f1;
in accordance with section 26(4)(a) of the Wildlife and Countryside Act 1981f2, has given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order; and
is of the opinion that the animals listed in the Schedule to this Order are in danger of extinction in Great Britain or likely to become so endangered unless conservation measures are taken.
In exercise of the powers conferred by section 22(3) of the Wildlife and Countryside Act 1981f3, the Secretary of State makes the following Order:
Annotations to the whole text
Footnotes
- f1
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2006 c.16. For the definition of “the GB Conservation bodies” see section 27(3A) of the Wildlife and Countryside Act 1981 (c.69), inserted by section 105(1) of, and paragraph 76(4) of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c.16).
- f2
- f3
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Section 22(3) was amended by sections 132 and 133 of, and paragraph 11(1) and (5) of Schedule 9 to, the Environmental Protection Act 1990 (c.43) and has been subsequently amended by section 105(1) of, and paragraphs 74(1) and (2) of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c.16).
Contents
- 1Citation, commencement and extent
- 2Variation of Schedule 5
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and extent
This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008.
This Order shall come into force on 6th April 2008.
This Order extends to England and Wales onlyf1.
2Variation of Schedule 5
In Schedule 5 to the Wildlife and Countryside Act 1981f1 (animals which are protected)—
insert the entries listed in the Schedule;
in the entry relating to “Vole, Water”, before “in respect of section 9(4) only”, insert “in so far as this entry has effect with respect to Wales,”; and
at the end of the Schedule, insert the following note—
“NOTE 2. In this Schedule “excluded waters” means the part of the territorial waters adjacent to England which is more than 6 nautical miles from the baselines from which the breadth of those waters are measured; and for these purposes “nautical miles” means international nautical miles of 1,852 metres.”.
Signature
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
21st February 2008
| Common Name | Scientific Name |
|---|---|
| Seahorse, Short Snouted (with respect to England only) | Hippocampus hippocampus |
| Seahorse, Spiny (with respect to England only) | Hippocampus guttulatus |
| Shark, Angel (in respect of section 9(1) only and with respect to England, other than the excluded waters, only) | Squatina squatina |
| Snail, Roman (in respect of section 9(1), (2) and (5) only and with respect to England only) | Helix pomatia |
Explanatory note
(This note is not part of the Order)
This Order, which applies substantively in relation to England only, varies Schedule 5 to the Wildlife and Countryside Act 1981, which lists animals protected under section 9 of that Act.
Article 2(a) adds four animals to Schedule 5. Two seahorse species (short snouted seahorse and spiny seahorse) are given general protection under section 9. The angel shark and the roman snail are given limited protection. The protection afforded to angel shark does not apply to those territorial waters between 6 and 12 nautical miles from baselines. Article 2(b) replaces the limited protection previously afforded to water vole by general protection.
A full impact assessment has not been produced for this instrument as it has no impact on the costs of business.
Copies of Schedule 5 may be obtained, free of charge, from the Wildlife Species Conservation Division, Defra, 2 The Square, Temple Quay, Bristol, BS1 6PN.