The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2016

JurisdictionUK Non-devolved
CitationSI 2016/127

2016 No. 127

Wildlife, England And Wales

The Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2016

Made 3rd February 2016

Laid before Parliament 5th February 2016

Coming into force 6th April 2016

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 19721in relation to the environment2, and the Welsh Ministers are designated for those purposes in relation to the conservation of natural habitats and of wild fauna and flora3.

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2016.

(2) These Regulations come into force on 6th April 2016 and extend to England and Wales.

S-2 Amendment of the Wildlife and Countryside Act 1981

Amendment of the Wildlife and Countryside Act 1981

2.—(1) The Wildlife and Countryside Act 19814is amended as follows.

(2) In section 1 (protection of wild birds, their nests and eggs), after subsection (3) insert the following subsection—

S-3ZA

“3ZA A person shall not be guilty of an offence under subsection (2)(b) if the person shows that the egg, or the part of the egg, was in any person’s possession or control before 28th September 1982.”.

(3) In section 27 (interpretation of Part 1)5, in subsection (1), in the definition of “the Wild Birds Directive” for “Council Directive 79/409/EECon the conservation of wild birds” substitute “ Directive 2009/147/ECof the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds”.

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

3rd February 2016

Carl Sargeant

Minister for Natural Resources One of the Welsh Ministers

2nd February 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to England and Wales, amend the Wildlife and Countryside Act 1981(c. 69)(“the 1981 Act”). They relate to Directive 2009/147/ECof the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ No. L 20, 26.1.2010, p. 7).

The effect of the amendments...

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