Section 6 Sale etc. of live or dead wild birds, eggs etc.E1

England and Wales

(1)

Subject to the provisions of this Part, if any person—

(a)

sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live wild bird other than a bird included in Part I of Schedule 3, or an egg of a wild bird or any part of such an egg; or

(b)

publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(2)

Subject to the provisions of this Part, if any personF1. . . —

(a)

sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any dead wild bird other than a bird included in Part II or III of Schedule 3, or any part of, or anything derived from, such a wild bird; or

(b)

publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

(3)

Subject to the provisions of this Part, if any person shows or causes or permits to be shown for the purposes of any competition or in any premises in which a competition is being held—

(a)

any live wild bird other than a bird included in Part I of Schedule 3; or

(b)

any live bird one of whose parents was such a wild bird,

he shall be guilty of an offence.

(4)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5)

Any reference in this section to any bird included in Part 1 of Schedule 3 is a reference to any bird included in that Part which—

(a)

was bred in captivity,

(b)

has been ringed or marked in accordance with regulations made by the Secretary of State, and

(c)

has not been lawfully released into the wild as part of a re-population or re-introduction programme.

(5A)

“ Re-population ” and “ re-introduction ” have the same meaning as in F4 the Wild Birds Directive.

(5B)

Regulations made for the purposes of subsection (5)(b) may make different provision for different birds or different provisions of this section.

(6)

Any reference in this section to any bird included in Part II or III of Schedule 3 is a reference to any bird included in Part II and, during the period commencing with 1st September in any year and ending with 28th February of the following year, any bird included in Part III of that Schedule.

(7)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

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(8A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in s. 6(2) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 12 para. 3, Sch. 16 Pt. IV (with Sch. 12 para. 10(6))
F2: S. 6(4) repealed (30.1.2001 for E.W. and 26.3.2003 for S.) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6)) and by the Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2)(d), Sch. 5
F3: S. 6(5)-(5B) substituted (E.W.) (1.10.2006) for s. 6(5) by Natural Environment and Rural Communities Act 2006 (c.16), ss. 48(2), 107; S.I. 2006/2541, art. 2
F4: Words in s. 6(5A) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(3)}
F5: S. 6(7)-(10) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV (with Sch. 12 para. 10(6))

Extent

E1: This version on this provision extends to England and Wales only; a separate version has been created for Scotland only.

Notes on Protection of birds and prevention of poaching

Textual amendments

F1: Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)