Wildlife and Natural Environment (Scotland) Act 2011
Wildlife and Natural Environment (Scotland) Act 2011
2011 asp 6
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 2nd March 2011 and received Royal Assent on 7th April 2011
An Act of the Scottish Parliament to make provision in connection with wildlife and the natural environment; and for connected purposes.
Part 1
Defined expressions
1 Defined expressions in this Act
In this Act-
Part 2
Wildlife under the 1981 Act
Wild birds, their nests and eggs
2 Application of the 1981 Act to game birds
In section 27(1) of the 1981 Act (interpretation of Part I)-
(a) the definition of "game bird" is repealed,
(b) in the definition of "wild bird", the words "or, except in sections 5 and 16, any game bird" are repealed.
3 Protection of game birds etc. and prevention of poaching
(1) The 1981 Act is amended as follows.
(2) In the italic heading before section 1 (protection of wild birds, their nests and eggs), at the end add "and prevention of poaching".
(3) In that section, for subsection (6) ("wild birds" in section 1 does not include birds shown to have been bred in captivity), substitute-
"(6) For the purposes of this section, the definition of "wild bird" in section 27(1) is to be read as not including any bird which is shown to have been bred in captivity unless-
(a) it has been lawfully released or allowed to escape from captivity as part of a re-population or re-introduction programme; or
(b) it is a mallard, grey or red-legged partridge, common pheasant or red grouse which is no longer in captivity and is not in a place where it was reared.".
(4) In section 2 (exceptions to section 1)-
(a) in the title, at the end add ": acts by certain persons outside close season",
(b) in subsection (1), after "this section," insert "where subsection (1A) applies",
(c) after that subsection insert-
(i) a legal right to kill such a bird; or
(ii) permission, from a person who had a right to give permission, to kill such a bird; or
(i) a legal right to take such a bird; or
(ii) permission, from a person who had a right to give permission, to take such a bird.",
(d) in subsection (3), after "Christmas Day" insert "in relation to those birds included in Part I of Schedule 2 which are also included in Part IA of that Schedule",
(e) after subsection (3), insert-
(a) a partridge or pheasant included in Part I of Schedule 2; or
(b) an egg of such a bird.
(a) the person who takes does so during the period of 28 days commencing with the first day of the close season for the bird; and
(i) a legal right to take such a bird; or
(ii) permission, from a person who had a right to give permission, to take such a bird.
(i) for the purpose of preventing the spread of disease; and
(ii) with the intention of releasing it from captivity after no more than 12 hours; and
(i) a legal right to take such a grouse; or
(ii) permission, from a person who had a right to give permission, to take such a grouse.",
(f) in subsection (4)-
(i) after paragraph (b) insert-
"(ba) in the case of pheasant, the period in any year commencing with 2nd February and ending with 30th September;
(ii) after paragraph (c) insert-
"(ca) in the case of black grouse, the period commencing with 11th December in any year and ending with 19th August in the following year;
(cb) in the case of ptarmigan and red grouse, the period commencing with 11th December in any year and ending with 11th August in the following year;",
(g) in subsection (7)-
(i) for "a person" substitute "such persons",
(ii) at the end add "as he considers appropriate".
(5) In section 5(5) (use of cage traps or nets for breeding purposes), for "game bird" substitute "grouse, mallard, partridge or pheasant included in Part I of Schedule 2".
(6) In section 26 (regulations, orders, notices etc.)-
(a) in subsection (2)-
(i) after "than" insert "-
(ii) for "and" substitute "or",
(iii) after "11(4)" insert "; and
(b) an order under section 22(1)(a) which removes from Part I of Schedule 2 black grouse, common pheasant, grey partridge, ptarmigan, red grouse or red-legged partridge,",
(b) in subsection (3)-
(i) after "No" insert "-
(ii) after "11(4)" insert "; or
(b) order under section 22(1)(a) which removes from Part I of Schedule 2 any bird referred to in paragraph (b) of subsection (2),".
(7) In Schedule 2, Part I (birds which may be killed or taken outside the close season)-
(a) before the entries relating to the bird with the common name "Mallard" insert in columns 1 and 2 the following entries-
"Grouse, Black |
Tetrao tetrix |
Grouse, Red |
Lagopus lagopus scoticus", |
(b) after the entries relating to the bird with the common name "Moorhen" insert in columns 1 and 2 the following entries-
"Partridge, Grey |
Perdix perdix |
Partridge, Red-legged |
Alectoris rufa |
Pheasant, Common |
Phasianus colchicus", |
(c) after the entries relating to the bird with the common name "Pochard" insert in columns 1 and 2 the following entries-
"Ptarmigan |
Lagopus mutus", |
(8) In Schedule 2, after Part I insert-
"Part IA
Exception: birds included in Part I which may not be killed or taken on Sundays or Christmas Day
Common name |
Scientific name |
Coot |
Fulica atra |
Duck, Tufted |
Aythya fuligula |
Gadwall |
Anas strepera |
Goldeneye |
Bucephala clangula |
Goose, Canada |
Branta canadensis |
Goose, Greylag |
Anser anser |
Goose, Pink-footed |
Anser brachyrhynchus |
Mallard |
Anas platyrhynchos |
Moorhen |
Gallinula chloropus |
Pintail |
Anas acuta |
Plover, Golden |
Pluvialis apricaria |
Pochard |
Aythya ferina |
Shoveler |
Anas clypeata |
Snipe, Common |
Gallinago gallinago |
Teal |
Anas crecca |
Wigeon |
Anas penelope |
Woodcock |
Scolopax rusticola". |
4 Areas of special protection for wild birds
(1) The 1981 Act is amended as follows.
(2) Section 3 (areas of special protection) is repealed.
(3) In section 4 (exceptions to sections 1 and 3)-
(a) for the title, substitute "Further exceptions to s. 1",
(b) in subsection (1) the words "or in any order made under section 3" are repealed,
(c) in subsections (2) and (3) the words "or any order made under section 3" are repealed.
(4) In section 16 (power to grant licences)-
(a) in subsection (1) the words "and orders under section 3" are repealed,
(b) in subsection (2) for "and orders under section 3 do" substitute "does".
(5) In section 26 (regulations, orders, notices etc.)-
(a) in subsection (2) "3," is repealed,
(b) in subsection (4)(a) the words from ", except" to "3," are repealed.
5 Sale of live or dead wild birds, their eggs etc.
(1) The 1981 Act is amended as follows.
(2) In section 2-
(a) in subsection (4) (close seasons), for "this section and section 1" substitute "section 1, this section and section 6",
(b) in subsection (6) (period of special protection forms part of close season), for "this section and section 1" substitute "section 1, this section and section 6".
(3) In section 6 (sale etc. of live or dead wild birds, eggs etc.)-
(a) in subsection (1)(a)-
(i) the words from "other" to "3" are repealed,
(ii) after "egg" where it second occurs insert "other than-
(i) a bird included in Part I of Schedule 3 (see also subsection (5));
(ii) a bird included in Part 1A of that Schedule to which subsection (1A) applies; or
(iii) an egg to which subsection (1B) applies or any part of such an egg",
(b) after subsection (1) insert-
(a) was bred in captivity and remained in captivity or a place where it was reared;
(b) was a wild bird for the purposes of section 1 (see section 1(6)) and was taken by a person who had a legal right to take such a bird or a person with permission, from a person who had a right to give permission, to take such a bird outside the close season for the bird; or
(i) a partridge included also in Part I of Schedule 2; or
(ii) a pheasant included also in that Part.
(a) an egg of a bird included in Part IA of Schedule 3 to which subsection (1A) applies; or
(i) outside the close season for the bird or during the period of 28 days commencing with the first day of its close season; and
(ii) by a person who had a legal...
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