The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004
2004 No. 1487
WILDLIFE
The Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004
Made 6th June 2004
Laid before Parliament 9th June 2004
Coming into force 14th July 2004
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the conservation of natural habitats and of wild fauna and flora, in exercise of the powers conferred upon her by the said section 23, hereby makes the following Regulations:
Citation, commencement and extent
1.—(1) These Regulations may be cited as The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2004 and shall come into force on 14th July 2004.
(2) These Regulations shall extend to England and Wales only.
Amendment of the Wildlife and Countryside Act 1981
2. The Wildlife and Countryside Act 19814shall be amended as follows.
3. In section 1 (protection of wild birds, their nests and eggs)—
(a) in subsection (3)(a)—
(i) before “killed”, the second time it occurs, insert “lawfully”, and
(ii) omit “otherwise than in contravention of the relevant provisions”;
(b) in subsection (3)(b)—
(i) before “sold” insert “lawfully”, and
(ii) omit “otherwise than in contravention of those provisions”;
(c) in subsection (3) omit the words from “and”, where first occurring, to the end of the subsection; and
(d) after subsection (3) insert the following subsection—
“3A In subsection (3) “lawfully” means without any contravention of—
(a) this Part and orders made under it,
(b) the Protection of Birds Acts 1954 to 19675and orders made under those Acts,
(c) any other legislation which implements Council Directive 79/409/EEC6on the conservation of wild birds and extends to any part of the United Kingdom, to any area designated in accordance with section 1(7) of the Continental Shelf Act 19647, or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 19768, and
(d) the provisions of the law of any member State (other than the United Kingdom) implementing the Council Directive referred to in paragraph (c).”
4. In the definition of “wild bird” in subsection (1) of section 27 (interpretation of Part 1)—
(a) for “kind” substitute “species”, and
(b) for “Great Britain” substitute “the European territory of any member State”.
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