The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (England) Regulations 2015

JurisdictionEngland & Wales
CitationSI 2015/618

2015No. 618

WILDLIFE, ENGLAND

The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (England) Regulations 2015

5thMarch2015

11thMarch2015

1stJuly2015

The Secretary of State, in exercise of the powers conferred by section 7(1) and (2) of the Wildlife and Countryside Act 1981( 1), makes the following Regulations.

Citation, extend, application and commencement

1.-(1) These Regulations may be cited as the Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (England) Regulations 2015.

(2) They extend to England and Wales.

(3) They apply only in relation to-

(a) birds kept in England or registered in accordance with these Regulations in consequence of having been kept in England; and(b) birds treated by virtue of regulation 5(1) as registered in accordance with these Regulations.

(4) They come into force on 1st July 2015.

Interpretation

2. In these Regulations-

"the Act" means the Wildlife and Countryside Act 1981;

"CITES marking" means a mark in accordance with the specimen marking requirements of Article 66 of Commission Regulation (EC) No. 865/2006laying down detailed rules concerning the implementation of Council Regulation (EC) No. 338/97on the protection of species of wild fauna and flora by regulating trade therein( 2);

"CITES register" means a register of birds kept by the Secretary of State in respect of which a CITES certificate has been issued, and for this purpose a "CITES certificate" means a certificate referred to in Article 10 of Council Regulation (EC) No. 338/97on the protection of species of wild fauna and flora by regulating trade therein( 3) issued by the management authority for the United Kingdom( 4);

"keep" means keep, or have in one's possession or control;

"keeper", in relation to a bird, means the person who keeps the bird;

"registered" means entered in the register maintained by the Secretary of State under regulation 3(1) or, before the coming into force of these Regulations, regulation 3(1) of the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982( 5) (and cognate expressions shall be construed accordingly);

"registration" incudes re-registration (and cognate expressions shall be construed accordingly);

"relevant bird" means a bird included in Schedule 4 to the Act;

"ring" means any ring or band for ringing a bird; and

"the Secretary of State" means the Secretary of State for the Environment, Food and Rural Affairs.

Registration

3.-(1) The Secretary of State must, for the purposes of section 7(1) of the Act, maintain a register of relevant birds in respect of which the Secretary of State has received an application for registration in accordance with this regulation or regulation 3(1) of the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982( 6).

(2) The register must specify the address (the "registered address") at which each registered bird is kept.

(3) An application for registration must be made by the keeper, or prospective keeper, of the bird to which the application relates on a form obtained from the Secretary of State.

(4) Upon receiving an application for registration, the Secretary of State must (subject to paragraphs (5) and (6)) enter the information on the register.

(5) The Secretary of State must not register any relevant bird unless satisfied that the bird has been ringed or marked in accordance with regulation 6.

(6) The Secretary of State may decline to make an entry in the register in respect of an application until the charge (if any) determined by the Secretary of State under section 7(2A) of the Act has been paid( 7).

(7) Upon being notified in accordance with regulation 4(1)(d)(ii) of a change in the address at which a registered bird will be kept, the Secretary of State...

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