Wildlife and Countryside Act 1981 in Scotland
1981 c. 69 · Enacted 30 October 1981 · Extends to United Kingdom
An Act to repeal and re-enact with amendments the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975; to prohibit certain methods of killing or taking wild animals; to amend the law relating to protection of certain mammals; to restrict the introduction of certain animals and plants; to amend the Endangered Species (Import and Export) Act 1976; to amend the law relating to nature conservation, the countryside and National Parks and to make provision with respect to the Countryside Commission; to amend the law relating to public rights of way; and for connected purposes.
[30th October 1981] C1
Annotations to the whole text
Modifications
- C1
Act amended (1.4.1996) by S.I. 1996/593, reg. 2 , Sch. 1
Act: certain functions transferred (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(1), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)
Contents
- Part I: Wildlife
- Protection of birds and prevention of poaching
- 8Protection of captive birds.
- Protection of other animals and prevention of poaching
- 10AProtection of wild hares etc.
- 10BExceptions to s. 10A
- 11ASnares: training, identification numbers, tags etc. Repealed
- 11BSnares: duty to inspect etc. Repealed
- 11CSnares: authorisation from landowners etc. Repealed
- 11DSnares: presumption arising from identification number Repealed
- 11ESnares: record keeping Repealed
- 11FSnaring: review and report to the Scottish Parliament Repealed
- 11GPrevention of poaching: wild hares, rabbits etc.
- 11HExceptions to s. 11G
- 11ISale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully
- 12YARelaxation of restriction on night shooting of hares and rabbits
- 12Protection of certain mammals.
- Protection of plants
- Miscellaneous
- 14ZCProhibition on keeping etc. of invasive animals or plants
- 14AProhibition on sale etc. of invasive animals or plants
- 14AAContravention of Invasive Alien Species Regulation
- 14ABSection 14AB
- 14BNotification of presence of invasive animals or plants etc.
- 14CNon-native species etc.: code of practice
- 14DPower to make species control orders
- 14EEmergency species control orders
- 14FContent of species control orders
- 14GNotice of species control orders
- 14HAppeals in connection with species control orders
- 14IComing into effect of species control orders
- 14JReview of species control orders
- 14KOffences in relation to species control orders
- 14LEnforcement of operations under species control orders
- 14MSpecies control orders: powers of entry
- 14NSpecies control orders: entry by warrant etc.
- 14OSpecies control orders: powers of entry: supplemental
- 14PInterpretation of sections 14 to 14O
- 15Endangered species (import and export).
- 15APossession of pesticides
- Supplemental
- 16AALicensing: land on which certain birds may be killed or taken
- 16ABAppeals relating to section 16AA licences
- 16ACSection 16AA Licence: code of practice
- 16ADSection 16AA Licence: delegation of power in relation to code of practice
- 16AEReport on operation and effect of section 16AA licences
- 16AFReport on operation and effect of section 16AA licences: delegation
- 16ADelegation of licence-granting power: Scotland
- 17False statements made for obtaining registration , identification number or licence etc. False statements made for obtaining registration or licence etc.
- 18Attempts to commit offences etc.
- 19ZCWildlife inspectors: Scotland
- 19ZDPower to take samples: Scotland
- 19AEvidence in Scotland in certain proceedings.
- 23Advisory bodies and their functions.
- 25Functions of local authorities.
- 26AEnforcement of wildlife legislation
- 26BAnnual report on wildlife crime
- Part II: Nature Conservation, Countryside and National Parks
- Sites of special scientific interest and limestone pavements
- 27AConstruction of references to Nature Conservancy Council. Repealed
- 27AAApplication of sections 28 to 34 in Wales
- 28SNotices and signs relating to SSSIs
- 29Special protection for certain areas of special scientific interest. Repealed
- 30Compensation where order is made under s. 29. Repealed
- 33Ministerial guidance as respects areas of special scientific interest.
- Nature reserves, ... and Ramsar sites
- 34AMeaning of “appropriate conservation body”
- 35National nature reserves.
- 35APower to call in subtidal declarations
- 36Marine nature reserves. Repealed
- 37Byelaws for protection of marine nature reserves. Repealed
- 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Countryside
- 41Duties of agriculture Ministers with respect to the countryside.
- Miscellaneous and supplemental
- 52Interpretation of Part II.
- 53APower to include modifications in other orders.
- 53BRegister of applications under section 53.
- 54ABOATs not to be added to definitive maps. Not yet in force
- 57AConsolidation of definitive maps and statements.
- 58Application of ss. 53 to 57 to inner London.
- Miscellaneous and supplemental
- 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 61Ploughing of public rights of way.
- 63Orders creating, extinguishing or diverting footpaths and bridleways.
- 64Publication of dedication of footpaths and bridleways.
- 65Signposting of byways open to all traffic.
- Part IV: Miscellaneous and General
- 66BApplication of Part 1 to Crown: Scotland
- 67Application of Parts 2 and 3 to Crown land
- 68Application to the Isles of Scilly.
- 69Offences by bodies corporate etc.
- 69AOffences by Scottish partnerships etc.
- 70Financial provisions.
- 70AService of notices.
- 70BEffect of failure to serve certain notices
- 71General interpretation.
- 72Minor amendments.
- 73Repeals and savings.
- 74Short title commencement and extent.
- Schedule A1Protected nests and nest sites: birds
- Schedule 1: Birds which are Protected by Special Penalties
- IAt All Times
- IIDuring the Close Season
- Schedule 1ABirds which are Protected from Harassment
- Schedule 2: Birds which may be Killed or Taken
- IOutside the Close Season
- IAException: birds included in Part I which may not be killed or taken on Sundays or Christmas Day
- 1BBirds included in Part 1 which may only be killed or taken on land with section 16AA licence
- IIBy Authorised Persons at all Times
- Schedule 3: Birds which may be Sold
- IAlive at all Times if Ringed and Bred in Captivity
- IAAlive if taken in captivity or by certain persons outside close season or during first 28 days of close season
- IIDead at all Times
- IIADead if killed outside close season by certain persons
- IIIDead from 1st September to 28th February
- Schedule 4Birds Which Must Be Registered and Ringed if Kept in Captivity
- Schedule 5AAnimals which are Protected under Section 10A in their Close Season
- Schedule 6Animals which may not be Killed or Taken by Certain Methods
- Schedule 6ZAAnimals which may not be killed or taken by trapping or snaring
- Schedule 6AAnimals not to be Poached
- Schedule 7: Protection of Certain Mammals Amendment of Acts In Relation To Night Shooting of Hares and Rabbits
- The Ground Game Act 1880
- 1Paragraph 1
- The Agriculture (Scotland) Act 1948
- 2Paragraph 2
- The Dogs (Protection of Livestock) Act 1953
- 3Paragraph 3
- The Deer Act 1963
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- The Conservation of Seals Act 1970
- 7Paragraph 7
- The Badgers Act 1973
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- Schedule 8Plants which are Protected
- Schedule 9: Animals and Plants to which Section 14 Applies
- INON-NATIVE Animals which are established in the wild
- IIPlants
- Part 1: Overview and interpretation
- Overview
- Definitions relating to species
- Environmental authorities
- 3Paragraph 3
- Owners and dwellings
- 4Paragraph 4
- Operations
- 5Paragraph 5
- Part 2: Species control agreements
- Making of species control agreements
- 6Paragraph 6
- Content of species control agreements
- 7Paragraph 7
- Notice of compliance
- 8Paragraph 8
- Liability
- 9Paragraph 9
- Part 3: Species control orders
- When a species control order may be made
- 10Paragraph 10
- What an order must do
- 11Paragraph 11
- 12Paragraph 12
- What an order may do
- 13Paragraph 13
- Notice
- 14Paragraph 14
- Revocation
- 15Paragraph 15
- Appeals
- 16Paragraph 16
- Notice of compliance
- 17Paragraph 17
- Enforcement
- 18Paragraph 18
- Offences
- 19Paragraph 19
- Liability
- 20Paragraph 20
- Part 4: Powers of entry
- Powers of entry
- 21Paragraph 21
- Authorisation by justice of the peace
- 22Paragraph 22
- Authorisation by environmental authority
- 23Paragraph 23
- Exercise of right of entry
- 24Paragraph 24
- Part 5: Supplementary
- Compensation
- 25Paragraph 25
- Codes of practice
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Schedule 9B: Invasive alien species: defences and licences
- Part 1: Interpretation
- 1Interpretation
- Part 2: Defences
- 2Companion animals
- 3Commercial stocks
- 4Non-commercial owners: receipt of commercial stocks
- Part 3: Licences
- 5Restrictions
- 6Research etc.
- 7Keeping animals until the end of their natural lives
- 8Eradication measures
- 9Management measures
- Schedule 10: Amendment of the Endangered Species (Import and Export) Act 1976
- Part I: The Amendments
- Licences
- 1Paragraph 1
- Expenses of returning animals and plants to the wild
- 2Paragraph 2
- Powers of entry
- 3Paragraph 3
- Power to modify Schedules
- 4Paragraph 4
- Sale of certain animals or plants or their derivatives
- 5Paragraph 5
- Part II: Schedule inserted as Schedule 4
- EDULE 4Animals the Sale etc. of Which is Restricted
- Chapter MAMMALS
- 1Paragraph 1
- Marsupials
- Primates
- Edentates
- Pangolins
- Rabbits and hares
- Rodents
- Cetaceans
- Carnivores
- Seals
- Elephants
- Sea-cows
- Odd-toed ungulates
- Even-toed ungulates
- Chapter BIRDS
- 2Paragraph 2
- Rheas
- Tinamous
- Penguins
- Grebes
- Albatrosses
- Pelican-like birds
- Storks
- Waterfowl
- Diurnal Birds of Prey
- Gamebirds
- Cranes and rails
- Waders and Gulls
- Pigeons and doves
- Parrots
- Hummingbirds
- Trogons
- Owls
- Hornbills
- Woodpeckers
- Songbirds
- Part
- Chapter: REPTILES
- 3Paragraph 3
- Crocodilians
- Iguanas
- Lizards
- Snakes
- Tuatara
- Chelonians
- Part
- Chapter: AMPHIBIANS
- Paragraph
- Part
- Chapter: FISH
- 5Paragraph 5
- Part
- Chapter: MOLLUSCS
- 6Paragraph 6
- Part III
- Schedule inserted as Schedule 5
- Part EDULE 5
- Plants the sale etc. of which is restricted
- Interpretation
- 1Paragraph 1
- Appointments
- 2Paragraph 2
- Powers of appointed person
- 3Paragraph 3
- Holding of local inquiries and other hearings by appointed persons
- 4Paragraph 4
- Revocation of appointments and making of new appointments
- 5Paragraph 5
- Certain acts and omissions of appointed persons to be treated as those of the Secretary of State
- 6Paragraph 6
- Schedule 11: Procedure in Connection with Certain Orders under Part II
- Coming into operation
- 1Paragraph 1 Repealed
- Publicity for orders
- 2Paragraph 2 Repealed
- Unopposed orders
- 3Paragraph 3 Repealed
- Opposed orders
- 4Paragraph 4 Repealed
- Restriction on power to amend orders or confirm them with modifications
- 5Paragraph 5 Repealed
- Notice of final decision on orders
- 6Paragraph 6 Repealed
- Proceedings for questioning validity of orders
- 7Paragraph 7 Repealed
- Interpretation
- 8Paragraph 8 Repealed
- Schedule 12: Procedure in Connection With Orders Under Section 36
- Consultation
- 1Paragraph 1 Repealed
- Publicity for draft orders
- 2Paragraph 2 Repealed
- Unopposed orders
- 3Paragraph 3 Repealed
- Opposed orders
- 4Paragraph 4 Repealed
- Restriction on power to make orders with modifications
- 5Paragraph 5 Repealed
- Local inquiries
- 6Paragraph 6 Repealed
- Notice of making of orders
- 7Paragraph 7 Repealed
- Proceedings for questioning validity of orders
- 8Paragraph 8 Repealed
- Supplemental
- 9Paragraph 9 Repealed
- Schedule 14: Applications for Certain Orders Under Part III
- Form of applications
- 1Paragraph 1
- Notice of applications
- 2Paragraph 2
- Determination by authority
- 3Paragraph 3
- Appeal against a decision not to make an order
- 4Paragraph 4
- Interpretation
- 5Paragraph 5
- Schedule 15: Procedure in Connection with Certain Orders Under Part III
- Consultation
- 1Paragraph 1
- Coming into operation
- 2Paragraph 2
- Publicity for orders
- 3Paragraph 3
- Representations or objections made with respect to abandoned surveys or reviews
- 4Paragraph 4
- Severance of orders
- 5Paragraph 5
- Unopposed orders
- 6Paragraph 6
- Opposed orders
- Restriction on power to confirm orders with modifications
- Local inquiries
- 9Paragraph 9 Repealed
- Appointment of inspectors etc.
- 10Paragraph 10
- Notice of final decisions on orders
- 11Paragraph 11
- Proceedings for questioning validity of orders
- 12Paragraph 12
- Supplemental
- 13Paragraph 13
- Schedule 16: Orders Creating, Extinguishing or Diverting Footpaths or Bridleways
- 1—4Paragraph 1—4 Repealed
- The Highways Act 1980
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Supplemental
- 10Paragraph 10
- Schedule 17: Enactments repealed
- IEnactments repealed one month after the passing of this Act
- IIEnactments repealed on a day to be appointed