Wildlife and Countryside Act 1981 Part I Wildlife Protection of birds and prevention of poaching Protection of wild birds, their nests and eggs. 1 1 Subject to the provisions of this Part, if any person intentionally— a kills, injures or takes any wild bird; aa takes, damages or destroys the nest of a wild bird included in Schedule ZA1; b takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or c takes or destroys an egg of any wild bird, he shall be guilty of an offence. 2 Subject to the provisions of this Part, if any person has in his possession or control— a any live or dead wild bird or any part of, or anything derived from, such a bird; or b an egg of a wild bird or any part of such an egg, he shall be guilty of an offence. 3 A person shall not be guilty of an offence under subsection (2) if he shows that— a the bird or egg had not been killed or taken, or had been lawfully killed or taken . . . ; or b the bird, egg or other thing in his possession or control had been lawfully sold (whether to him or any other person) . . . ; . . . 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. 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 1967 and orders made under those Acts, c any other legislation which implements the Wild Birds Directive and extends to any part of the United Kingdom, to any area designated in accordance with section 1(7) of the Continental Shelf Act 1964 , or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 , and d the provisions of the law of any member State (other than the United Kingdom) implementing the Wild Birds Directive . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Subject to the provisions of this Part, if any person intentionally or recklessly — a disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or b disturbs dependent young of such a bird, he shall be guilty of an offence . . . . 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 it has been lawfully released into the wild as part of a re-population or re-introduction programme. 6A “ Re-population ” and “ re-introduction ” have the same meaning as in the Wild Birds Directive . 7 Any reference in this Part to any bird included in Schedule 1 is a reference to any bird included in Part I and, during the close season for the bird in question, any bird included in Part II of that Schedule. Exceptions to s. 1. 2 1 Subject to the provisions of this section, a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it. 2 Subject to the provisions of this section, an authorised person shall not be guilty of an offence under section 1 by reason of— a the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it; b the taking, damaging or destruction of a nest of such a bird; or c the taking or destruction of an egg of such a bird. 3 Subsections (1) and (2) shall not apply in Scotland on Sundays or on Christmas Day; and subsection (1) shall not apply on Sundays in any area of England and Wales which the Secretary of State may by order prescribe for the purposes of that subsection. 4 In this section and section 1 “ close season ” means— a in the case of capercaillie and (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September; b in the case of snipe, the period in any year commencing with 1st February and ending with 11th August; c in the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August; d in any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August. 5 The Secretary of State may by order made with respect to the whole or any specified part of Great Britain vary the close season for any wild bird specified in the order. 6 If it appears to the Secretary of State expedient that any wild birds included in Part II of Schedule 1 or Part I of Schedule 2 should be protected during any period outside the close season for those birds, he may by order made with respect to the whole or any specified part of Great Britain declare any period (which shall not in the case of any order exceed fourteen days) as a period of special protection for those birds; and this section and section 1 shall have effect as if any period of special protection declared under this subsection for any birds formed part of the close season for those birds. 7 Before making an order under subsection (6) the Secretary of State shall consult a person appearing to him to be a representative of persons interested in the shooting of birds of the kind proposed to be protected by the order. Areas of special protection. 3 1 The Secretary of State may by order make provision with respect to any area specified in the order providing for all or any of the following matters, that is to say— a that any person who, within that area or any part of it specified in the order, at any time or during any period so specified, intentionally— i kills, injures or takes any wild bird or any wild bird so specified; ii takes, damages or destroys the nest of such a bird while that nest is in use or being built; iii takes or destroys an egg of such a bird; iv disturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; or v disturbs dependent young of such a bird, shall be guilty of an offence under this section; b that any person who, except as may be provided in the order, enters into that area or any part of it specified in the order at any time or during any period so specified shall be guilty of an offence under this section; c that where any offence under this Part, or any such offence under this Part as may be specified in the order, is committed within that area, the offence shall be treated as falling within section 7(3A) . 2 An authorised person shall not by virtue of any such order be guilty of an offence by reason of— a the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it; b the taking, damaging or destruction of the nest of such a bird; c the taking or destruction of an egg of such a bird; or d the disturbance of such a bird or dependent young of such a bird. 3 The making of any order under this section with respect to any area shall not affect the exercise by any person of any right vested in him, whether as owner, lessee or occupier of any land in that area or by virtue of a licence or agreement. 4 Before making any order under this section the Secretary of State shall give particulars of the intended order either by notice in writing to every owner and every occupier of any land included in the area with respect to which the order is to be made or, where the giving of such a notice is in his opinion impracticable, by advertisement in a newspaper circulating in the locality in which that area is situated. 5 The Secretary of State shall not make an order under this section unless— a all the owners and occupiers aforesaid have consented thereto; b no objections thereto have been made by any of those owners or occupiers before the expiration of a period of three months from the date of the giving of the notice or the publication of the advertisement; or c any such objections so made have been withdrawn. Exceptions to ss. 1 and 3. 4 1 Nothing in section 1 or in any order made under section 3 shall make unlawful— a anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the Agriculture Act 1947, or by the Secretary of State under section 39 of the Agriculture (Scotland) Act 1948; b anything done under, or in pursuance of an order made under, section 21 or 22 of the Animal Health Act 1981; or c except in the case of a wild bird included in Schedule ZA1 or 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981. 2 Notwithstanding anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of— a the taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled; b the killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or c any act made unlawful by those provisions if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided. 3 Notwithstanding anything in the provisions of section 1 or any order made under section 3, an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of— a preserving public health or public or air safety; b preventing the spread of disease; or c preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, , fisheries or inland waters . 4 An authorised person shall not be regarded as showing that any action of his was necessary for a purpose mentioned in subsection (3)(c) unless he shows that as regards that purpose, there was no other satisfactory solution. 5 An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time for any purpose mentioned in that paragraph if it had become apparent, before that time, that that action would prove necessary for that purpose and either— a a licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; or b an application by him for such a licence had been determined. 6 An authorised person shall not be entitled to rely on the defence provided by subsection (3)(c) as respects any action taken at any time unless he notified the agriculture Minister as soon as reasonably practicable after that time that he had taken the action. Prohibition of certain methods of killing or taking wild birds. 5 1 Subject to the provisions of this Part, if any person— a sets in position any of the following articles, being an article which is of such a nature and is so placed as to be calculated to cause bodily injury to any wild bird coming into contact therewith, that is to say, any springe, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance; b uses for the purpose of killing or taking any wild bird any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net, baited board, bird-lime or substance of a like nature to bird-lime; c uses for the purpose of killing or taking any wild bird— i any bow or crossbow; ii any explosive other than ammunition for a firearm; iii any automatic or semi-automatic weapon; iv any shot-gun of which the barrel has an internal diameter at the muzzle of more than one and three-quarter inches; v any device for illuminating a target or any sighting device for night shooting; vi any form of artificial lighting or any mirror or other dazzling device; vii any gas or smoke not falling within paragraphs (a) and (b); or viii any chemical wetting agent; d uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; . . . e uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, ; or f knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection and which is not lawful under subsection (5), he shall be guilty of an offence . . . . 2 Subject to subsection (3), the Secretary of State may by order, either generally or in relation to any kind of wild bird specified in the order, amend subsection (1) by adding any method of killing or taking wild birds or by omitting any such method which is mentioned in that subsection. 3 The power conferred by subsection (2) shall not be exerciseable, except for the purpose of complying with an international obligation, in relation to any method of killing or taking wild birds which involves the use of a firearm. 4 In any proceedings under subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to wild birds. 4A In any proceedings under subsection (1)(f) relating to an act which is mentioned in subsection (1)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to wild birds. 5 Nothing in subsection (1) shall make unlawful— a the use of a cage-trap or net by an authorised person for the purpose of taking a bird included in Part II of Schedule 2; b the use of nets for the purpose of taking wild duck in a duck decoy which is shown to have been in use immediately before the passing of the Protection of Birds Act 1954; or c the use of a cage-trap or net for the purpose of taking any game bird if it is shown that the taking of the bird is solely for the purpose of breeding; but nothing in this subsection shall make lawful the use of any net for taking birds in flight or the use for taking birds on the ground of any net which is projected or propelled otherwise than by hand. Sale etc. of live or dead wild birds, eggs etc. 6 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 person . . . — 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration etc. of certain captive birds. 7 1 If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State, he shall be guilty of an offence . . .. 2 The power of the Secretary of State to make regulations under subsection (1) shall include power— a to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and b to make different provision for different birds or different descriptions of birds. 2A The Secretary of State may charge such reasonable sum (if any) as he may determine in respect of any registration effected in accordance with regulations under subsection (1). 3 If any person keeps or has in his possession or under his control any bird included in Schedule 4— a within five years of his having been convicted of an offence under this Part which falls within subsection (3A) ; or b within three years of his having been convicted of any other offence under this Part so far as it relates to the protection of birds or other animals or any offence involving their ill-treatment, he shall be guilty of an offence. 3A The offences falling within this subsection are— a any offence under section 1(1) or (2) in respect of— i a bird included in Schedule ZA1 or 1 or any part of, or anything derived from, such a bird, ii the nest of such a bird, or iii an egg of such a bird or any part of such an egg; b any offence under section 1(5) or 5; c any offence under section 6 in respect of— i a bird included in Schedule ZA1 or 1 or any part of, or anything derived from, such a bird, or ii an egg of such a bird or any part of such an egg; ca any offence under subsection (1); d any offence under section 8. 4 If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any person— a within five years of that person’s having been convicted of such an offence as is mentioned in paragraph (a) of subsection (3); or b within three years of that person’s having been convicted of such an offence as is mentioned in paragraph (b) of that subsection, he shall be guilty of an offence. 5 No account shall be taken for the purposes of subsections (3) and (4) of any conviction which has become spent for the purpose of the Rehabilitation of Offenders Act 1974. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of captive birds. 8 1 If any person keeps or confines any bird whatever in any cage or other receptacle which is not sufficient in height, length or breadth to permit the bird to stretch its wings freely, he shall be guilty of an offence . . . . 2 Subsection (1) does not apply to poultry, or to the keeping or confining of any bird— a while that bird is in the course of conveyance, by whatever means; b while that bird is being shown for the purposes of any public exhibition or competition if the time during which the bird is kept or confined for those purposes does not in the aggregate exceed 72 hours; or c while that bird is undergoing examination or treatment by a veterinary surgeon or veterinary practitioner. 3 Every person who— a promotes, arranges, conducts, assists in, receives money for, or takes part in, any event whatever at or in the course of which captive birds are liberated by hand or by any other means whatever for the purpose of being shot immediately after their liberation; or b being the owner or occupier of any land, permits that land to be used for the purposes of such an event, shall be guilty of an offence . . . . Protection of other animals and prevention of poaching Protection of certain wild animals. 9 1 Subject to the provisions of this Part, if any person intentionally kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence. 2 Subject to the provisions of this Part, if any person has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal, he shall be guilty of an offence. 3 A person shall not be guilty of an offence under subsection (2) if he shows that— a the animal had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; or b the animal or other thing in his possession or control had been sold (whether to him or any other person) otherwise than in contravention of those provisions and in this subsection "the relevant provisions" means the provisions of this Part and of the Conservation of Wild Creatures and Wild Plants Act 1975 4 Subject to the provisions of this Part, a person is guilty of an offence if intentionally or recklessly— a he damages or destroys any structure or place which any wild animal specified in Schedule 5 uses for shelter or protection; b he disturbs any such animal while it is occupying a structure or place which it uses for shelter or protection; or c he obstructs access to any structure or place which any such animal uses for shelter or protection. 4A Subject to the provisions of this Part, if any person intentionally or recklessly disturbs any wild animal included in Schedule 5 as— a a dolphin or whale (cetacea), or b a basking shark (cetorhinus maximus), he shall be guilty of an offence. 5 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 or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal; 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. 6 In any proceedings for an offence under subsection (1), (2) or (5)(a) , the animal in question shall be presumed to have been a wild animal unless the contrary is shown. Exceptions to s. 9. 10 1 Nothing in section 9 shall make unlawful— a anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the Agriculture Act 1947, or by the Secretary of State under section 39 of the Agriculture (Scotland) Act 1948; ... b anything done under, or in pursuance of an order made under, the Animal Health Act 1981. or c anything done in relation to an animal of any species pursuant to a licence granted by Natural England under regulation 55 of the Conservation of Habitats and Species Regulations 2017 ( S.I. 2017/1012 ) in respect of an animal or animals of that species 2 Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house. 3 Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of— a the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled; b the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or c any act made unlawful by that section if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided. 4 Notwithstanding anything in section 9, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5 if he shows that his action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries. 5 A person shall not be entitled to rely on the defence provided by subsection (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the conservation body for the area in which the house is situated or, as the case may be, the act is to take place of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used. 6 An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either— a a licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or b an application for such a licence had been determined. Protection of wild hares etc. 10A 1 Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 5A in the close season for the animal is guilty of an offence. 2 In this section, “ close season ” means— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b in the case of a brown hare, the period in any year beginning with 1st February and ending with 30th September. 3 The Scottish Ministers may by order vary the close season for any wild animal included in Schedule 5A which is specified in the order. 4 If it appears to the Scottish Ministers expedient that any wild animals included in Schedule 5A should be protected during any period outside the close season for those animals, they may by order declare any period not exceeding 14 days as a period of special protection for those animals. 5 Before making an order under subsection (4), the Scottish Ministers must consult such persons appearing to them to be representative of persons interested in the killing or taking of animals of the kind proposed to be protected by the order as they consider appropriate. 6 Where an order is made under subsection (4), this section has effect as if any period of special protection declared by the order forms part of the close season for those animals. 7 An order under subsection (3) or (4) may be made as respects the whole of Scotland or any part of Scotland specified in the order. 8 In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown. Exceptions to s. 10A 10B 1 A person is not guilty of an offence under section 10A(1) by reason of the killing of an animal included in Schedule 5A if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering. 2 A person is not guilty of an offence under section 10A(1) by reason of taking any such animal if he shows that— a he had a legal right to take such an animal or permission, from a person who had a right to give permission, to take such an animal; and b the animal— i had been disabled otherwise than by his unlawful act; and ii was taken solely for the purpose of tending it and releasing it when no longer disabled. 3 An authorised person is not guilty of an offence under section 10A(1) by reason of the killing or injuring of an animal included in Schedule 5A if he shows that his action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries. 4 An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action if–– a it had become apparent, before the action was taken, that it would prove necessary for the purpose mentioned in that subsection; and b either— i a licence under section 16 authorising the action had not been applied for as soon as reasonably practicable after that fact had become apparent; or ii an application for such a licence had been determined. 5 An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action unless he notified the appropriate authority as soon as reasonably practicable after the action was taken that he had taken it. 6 In subsection (5), “ the appropriate authority ” has the same meaning as in section 16(9). 7 Nothing in section 10A makes unlawful— a anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or b anything done under, or in pursuance of an order made under, the Animal Health Act 1981. Prohibition of certain methods of killing or taking wild animals. 11 1 Subject to the provisions of this Part, if any person— a sets in position otherwise than in Wales any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; b uses otherwise than in Wales for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as aforesaid, any bow or cross-bow or any explosive other than ammunition for a firearm; . . . ba sets in position in Wales any snare, or other cable restraint, which is of such a nature and so placed as to be likely to cause bodily injury to any wild animal coming into contact with it; bb uses in Wales for the purpose of killing or taking any wild animal any snare, or other cable restraint, whether or not of such a nature or so placed as aforesaid; bc sets in position in Wales any glue trap which is of such a nature and so placed as to be likely to catch any animal coming into contact with it; bd uses in Wales for the purpose of killing or taking any animal any glue trap, whether or not of such a nature or so placed as aforesaid; be uses in Wales for the purpose of killing or taking any wild animal any bow or cross-bow or any explosive other than ammunition for a firearm; c uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, ; or d knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section, he shall be guilty of an offence. 2 Subject to the provisions of this Part, a person shall be guilty of an offence if that person— a uses , otherwise than in Wales, any trap or snare , or in Wales, any trap other than a glue trap, for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA; b sets in position , otherwise than in Wales, any trap or snare , or in Wales, any trap other than a glue trap, of such a nature and so placed as to be— i in England ..., calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA; ii in Scotland or Wales , likely to cause bodily injury to any such wild animal; c sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be— i in England ..., calculated to cause bodily injury to any wild animal included in Schedule 6; ii in Scotland or Wales , likely to cause bodily injury to any such wild animal; d uses for the purpose of killing or taking any wild animal included in Schedule 6— i any electrical device for killing or stunning; ii any poisonous, poisoned or stupefying substance; iii any net; iv any automatic or semi-automatic weapon; v any device for illuminating a target or sighting device for night shooting; vi any form of artificial light or any mirror or other dazzling device; vii any gas or smoke not falling within sub-paragraph (ii); viii any sound recording used as a decoy; or ix any mechanically propelled vehicle in immediate pursuit of any such animal; e uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or f knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e). 3 Subject to the provisions of this Part, if any person— a sets in position or knowingly causes or permits to be set in position , otherwise than in Wales, any snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; and b while the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day, he shall be guilty of an offence. 4 The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection. 5 In any proceedings for an offence under subsection (1)(b) (ba), (bb) or (c) or (2)(a), (d) or (e) , and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs the animal in question shall be presumed to have been a wild animal unless the contrary is shown. 6 In any proceedings for an offence under subsection (2)(b) or (c) it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in the relevant Schedule . 7 In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in subsection (2)(b) or (c) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in the relevant Schedule . 7ZA For the purposes of paragraphs (bc) and (bd) of subsection (1), “animal means a vertebrate (other than a human). 7A In subsections (6) and (7), “the relevant Schedule” means— a where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA; b where proceedings relate to an offence under subsection (2)(c), Schedule 6. Snares: training, identification numbers, tags etc. 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Snares: duty to inspect etc. 11B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Snares: authorisation from landowners etc. 11C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Snares: presumption arising from identification number 11D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Snares: record keeping 11E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Snaring: review and report to the Scottish Parliament 11F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prevention of poaching: wild hares, rabbits etc. 11G 1 Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 6A is guilty of an offence. 2 In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown. Exceptions to s. 11G 11H 1 A person is not guilty of an offence under section 11G(1)— a by reason of the killing of an animal included in Schedule 6A if he had a legal right, or permission from a person who had a right to give permission, to kill such an animal; or b by reason of the taking of such an animal if he had a legal right, or permission from a person who had a right to give permission, to take such an animal. 2 A person is not guilty of an offence under section 11G(1) by reason of the killing of an animal included in Schedule 6A if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering. 3 Nothing in section 11G makes unlawful— a anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or b anything done under, or in pursuance of an order made under, the Animal Health Act 1981. Sale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully 11I 1 Any person who does any of the following is guilty of an offence— a has in his possession or control any live or dead wild animal which has been killed or taken in contravention of section 10A or 11G, or any part of or anything derived from such an animal; b sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale any such animal or any part of or anything derived from such an animal; or c 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. 2 A person is not guilty of an offence under subsection (1) in relation to an activity mentioned in that subsection if he shows that he carried out the activity concerned with reasonable excuse. 3 In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown. Relaxation of restriction on night shooting of hares and rabbits 12YA Schedule 7, which amends certain Acts prohibiting night shooting of hares and rabbits by occupiers of land etc. , has effect. Protection of certain mammals. 12 Schedule 7, which amends the law relating to the protection of certain mammals, shall have effect. Protection of plants Protection of wild plants. 13 1 Subject to the provisions of this Part, if any person— a intentionally picks, uproots or destroys any wild plant included in Schedule 8; or b not being an authorised person, intentionally uproots any wild plant not included in that Schedule, he shall be guilty of an offence. 2 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 or dead wild plant included in Schedule 8, or any part of, or anything derived from, such a plant; 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 Notwithstanding anything in subsection (1), a person shall not be guilty of an offence by reason of any act made unlawful by that subsection if he shows that the act was an incidental result of a lawful operation and could not reasonably have been avoided. 4 In any proceedings for an offence under subsection (2)(a), the plant in question shall be presumed to have been a wild plant unless the contrary is shown. Miscellaneous Introduction of new species etc. 14 1 Subject to the provisions of this Part, if any person releases or allows to escape into the wild any animal which— a is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; or b is included in Part I , IA or IB of Schedule 9, he shall be guilty of an offence. 2 Subject to the provisions of this Part, if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence. 3 Subject to subsection (4), it shall be a defence to a charge of committing an offence under subsection (1) or (2) to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence. 4 Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession. 4ZA Subsection (1)(a) does not apply to species included on the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council , as amended from time to time. 4A Schedule 9A contains provision about species control agreements and orders and related matters. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale etc. of certain animals and plants included in Schedule 9 14ZA 1 Subject to the provisions of this Part, a person is guilty of an offence if he sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale— a an animal or plant to which this section applies, or b anything from which such an animal or plant can be reproduced or propagated. 2 Subject to the provisions of this Part, a person is guilty of an offence if he 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— a an animal or plant to which this section applies, or b anything from which such an animal or plant can be reproduced or propagated. 3 This section applies to an animal or plant which— a is within section 14(1) or (2) (animals and plants which must not be released etc. into the wild), b is of a description prescribed for the purposes of this section by an order made by the Secretary of State, and c is a live animal or live plant. 4 An order under subsection (3) may be made in relation to a particular area or a particular time of the year. 5 Subsections (3) and (4) of section 14 (defence of due diligence etc. ) apply to an offence under this section as they apply to an offence under that section. Codes of practice in connection with species which are non-native or included in Schedule 9 14ZB 1 The Secretary of State may issue or approve a code of practice relating to— a animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state, b animals or plants included in Schedule 9, or c any description of animals or plants mentioned in paragraph (a) or (b). 2 The Secretary of State may revise or replace a code or approve its revision or replacement. 3 The Secretary of State must ensure that a code is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it. 4 A person's failure to comply with a provision of a code does not make him liable to criminal or civil proceedings. 5 A code— a is admissible in evidence in any proceedings, and b must be taken into account by a court in any case in which it appears to the court to be relevant. Prohibition on keeping etc. of invasive animals or plants 14ZC 1 Subject to the provisions of this Part, any person who keeps, has in the person's possession, or has under the person's control— a any invasive animal of a type which the Scottish Ministers, by order, specify; or b any invasive plant of a type so specified, is guilty of an offence. 2 An order under subsection (1) may make different provision for different cases and, in particular, for— a different types of invasive animal or invasive plant; b different circumstances or purposes; c different persons; d different times of the year; and e different areas or places. 3 Subject to subsection (4), it is a defence to a charge of committing an offence under subsection (1) to show that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence. 4 Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged must not, without leave of the court, be entitled to rely on the defence unless, within a period ending 7 days before the hearing, the person has served on the prosecutor a notice giving such information or assisting in the identification of the other person as was then in the person's possession. 5 The Scottish Ministers may, in an order under subsection (1), make provision for or in connection with the compensation of persons who, at the time of the coming into force of the order, may no longer keep, have in their possession or have under their control, an animal or plant. Prohibition on sale etc. of invasive animals or plants 14A 1 This section applies to— a any type of invasive animal; or b any type of invasive plant, the Scottish Ministers, by order, specify. 2 Subject to the provisions of this Part, any person who— a sells, offers or exposes for sale or has in the person’s possession or transports for the purpose of sale any animal or plant to which this section applies; or b publishes or causes to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell, any such animal or plant, is guilty of an offence. 3 An order under subsection (1) may make different provision for different cases and, in particular, for— a different types of invasive animal or invasive plant; b different circumstances or purposes; c different persons; d different times of the year; and e different areas or places. Contravention of Invasive Alien Species Regulation 14AA 1 A person commits an offence under this section if— a the person contravenes a paragraph of Article 7(1) of the Invasive Alien Species Regulation mentioned in subsection (2) in relation to an invasive alien species, and b the activity which constitutes that contravention does not constitute an offence under section 14, 14ZC or 14A. 2 The paragraphs referred to in subsection (1)(a) are— a paragraph (b) (keeping, including in contained holding), b paragraph (c) (breeding, including in contained holding), c paragraph (d) (transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication), d paragraph (e) (placing on the market), e paragraph (f) (using or exchanging), f paragraph (g) (permitting to reproduce, growing or cultivating, including in contained holding), g paragraph (h) (releasing into the environment). 3 Subject to subsection (4), it is a defence to a charge of committing an offence under this section to show that the person took all reasonable steps and exercised all due diligence to avoid committing the offence. 4 Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged must not, without leave of the court, be entitled to rely on the defence unless, within the period of 7 days before the hearing, the person has served on the prosecutor a notice giving such information or assisting in the identification of the other person as was then in the person’s possession. 5 Schedule 9B contains provision about defences to a charge of committing an offence under— a this section, or b section 14ZC or 14A, where the activity to which the charge relates contravenes Article 7(1) of the Invasive Alien Species Regulation. 6 In this section and section 14AB — “Invasive Alien Species Regulation” means Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species, “invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Scottish list of species of special concern . “the Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time. 14AB Contravention of emergency measures 1 Section (2) applies where regulations made under Article 10 of the Invasive Alien Species Regulation (emergency measures) provide that a restriction set out in one of the following paragraphs of Article 7(1) of that Regulation applies to a species specified in those regulations as it applies to an invasive alien species— a paragraph (b) (keeping, including in contained holding), b paragraph (c) (breeding, including in contained holding), c paragraph (d) (transporting to, from or within Scotland, except for the transportation of species to facilities in the context of eradication), d paragraph (e) (placing on the market), e paragraph (f) (using or exchanging), f paragraph (g) (permitting to reproduce, growing or cultivating, including in contained holding), g paragraph (h) (releasing into the environment). 2 A person commits an offence under this section if— a the person contravenes a paragraph of Article 7(1) of the Invasive Alien Species Regulation in relation to a species specified in regulations made under Article 10 of the Invasive Alien Species Regulation (emergency measures), and b the activity which constitutes that contravention does not constitute an offence under section 14, 14ZC or 14A. 3 Subsections (3) to (5) of section 14AA apply in relation to any contravention of the restriction in relation to a species mentioned in subsection (2)(a) as they apply in relation to a contravention of the corresponding restriction in relation to an invasive alien species. Notification of presence of invasive animals or plants etc. 14B 1 The Scottish Ministers may, by order, make provision about the notification of the presence of— a invasive animals; or b invasive plants, at any specified place outwith their native range where persons are, or become, aware of the presence of such animals or plants. 2 An order under subsection (1) may make provision for, or in connection with— a the persons (or types of persons) who must make a notification; b the circumstances in which a notification must be made; c the times of the year when a notification must be made; d the persons to whom a notification must be made; e the form and method of any notification; and f the period within which any notification must be made. 3 An order under subsection (1) may require a person (or type of person) to make a notification only if the Scottish Ministers consider that the person (or that type of person) has or should have knowledge of, or is likely to encounter, the invasive animal or invasive plant to which the order relates. 4 An order under subsection (1) may make different provision for different cases and, in particular, for— a different types of invasive animal or invasive plant; b different circumstances or purposes; c different persons; d different times of the year; and e different areas or places. 5 A person who, without reasonable excuse, fails to make a notification in accordance with the requirements of an order made under subsection (1) is guilty of an offence. Non-native species etc. : code of practice 14C 1 The Scottish Ministers may make a code of practice for the purpose of providing practical guidance in respect of— a the application of any of sections 14, 14ZC, 14A , 14AA and 14B; b the application of any order made under any of those sections; c species control agreements; d species control orders; e licences granted under section 16(4)(c). 2 A code of practice may, in particular, provide guidance on— a how Scottish Natural Heritage, the Scottish Environment Protection Agency ... and the Scottish Ministers should co-ordinate the way in which they exercise their respective functions in relation to animals or plants which are outwith their native range; b which species, sub-species, varieties or races of animal or plant, or hybrids of animals or plants, are considered to be particular types of animals or plants for the purposes of— i this section; ia best practice for— i keeping invasive alien species in contained holding, ii measures to ensure such species cannot reproduce or escape, ib the circumstances in which an animal which belongs to an invasive alien species is considered to be a companion animal, ii section 14, 14ZC, 14A or 14B; iii any order made under any of those sections; iv species control agreements; v species control orders; vi the code; ba which species, sub-species or lower taxons of animal, plant, fungus or micro-organism are considered to be invasive alien species, c the native range of any type of animal or plant; d the circumstances in which any type of animal is considered to be— i in captivity; or ii under the control or otherwise of a person at a place outwith its native range; e the circumstances in which a type of plant is considered to be growing in the wild outwith its native range, and conduct that would cause any type of plant to grow in the wild; f the circumstances in which a type of invasive animal or plant is considered to be kept in a person's possession or under a person's control; g which types of animals or plants are invasive and the circumstances (if any) in which any such type of animal or plant is not considered to be invasive; h best practice (where permitted) for— i keeping animals of any type which are invasive or which are kept at a place from which they may not be put outwith the control of any person; ii keeping plants of any type which are invasive or which are kept at a place outwith their native range; iii releasing animals of any type from captivity; and iv planting, or otherwise causing to grow, any type of plant in the wild; i best practice for— i containing, capturing or killing animals of any type which are outwith the control of any person and which are— A at a place outwith their native range; or B animals of a type specified in an order made under section 14(1)(a)(ii); ii containing, uprooting or destroying plants of any type which are growing in the wild outwith their native range; and iii transferring animals or plants of any type which are not permitted to be kept by virtue of section 14ZC into the custody of Scottish Natural Heritage or any other person (and for keeping such animals or plants prior to the transfer); j the making and content of species control agreements; k the making, content of and enforcement of species control orders. 3 The Scottish Ministers may revoke, replace or revise a code of practice. 4 The first code of practice, and any replacement code of practice, made under this section— a requires to be laid before, and approved by resolution of, the Scottish Parliament; and b comes into effect on such date after approval under paragraph (a) as is specified in the code. 5 Any revision to a code of practice (or revocation of a code of practice which is not being replaced) must— a be laid before the Scottish Parliament; and b specify the date on which it is to come into effect (such date to be at least 40 days after it is so laid, disregarding any period during which the Parliament is dissolved or in recess). 6 The Scottish Parliament may, before any such revision or revocation comes into effect, resolve that it is not to come into effect. 7 The Scottish Ministers must publish a code of practice (or any replacement or revision) made under this section no later than the day before the code (or replacement or revision) is to come into effect. 8 Before making, revoking, replacing or revising a code of practice, the Scottish Ministers must consult— a Scottish Natural Heritage; and b any other person appearing to them to have an interest in the code. 9 A person's failure to comply with a provision of a code of practice— a does not of itself render the person liable to proceedings of any sort; but b may be taken into account in determining any question in any such proceedings. 10 In any proceedings for an offence under section 14, 14ZC, 14A, 14AA, 14B or 14K— a failure to comply with a relevant provision of a code of practice may be relied upon as tending to establish liability; b compliance with a relevant provision of a code of practice may be relied upon as tending to negative liability. 11 In subsection (2)— “contained holding” means closed facilities from which escape or spread is not possible, “invasive alien species” has the same meaning as in section 14AA. Power to make species control orders 14D 1 A relevant body may make an order (a “species control order”) in respect of premises where— a it is satisfied of the presence on the premises of— i an invasive animal at a place outwith its native range; or ii an invasive plant at a place outwith its native range; and b any of subsections (2) to (4) applies. 2 This subsection applies where— a the relevant body has offered to enter into an agreement with the owner or, as the case may be, occupier of the premises to control or eradicate— i invasive animals outwith their native range; or ii invasive plants outwith their native range, on the premises (referred to in this section as a “ species control agreement ”); b 42 days have elapsed since the date of the offer; and c the owner or occupier has refused or otherwise failed to enter into the agreement. 3 This subsection applies where— a a person has entered into a species control agreement with the relevant body; and b the person has failed to comply with the terms of the agreement. 4 This subsection applies where the relevant body has failed to ascertain the name or address of any owner or occupier of the premises (having made reasonable efforts to do so) and accordingly has not been able to offer to enter into a species control agreement. 5 Subsection (4) does not apply unless— a the relevant body has given notice in accordance with subsection (6) stating that it wishes to offer to enter into a species control agreement; b 48 hours have passed since the notice was given; and c no owner or occupier of the premises has identified themselves to the relevant body. 6 A notice under this subsection must be addressed to “The owners and any occupiers” of the premises (describing it) and a copy of it must be affixed to some conspicuous object on the premises (in so doing the relevant body is to be treated as having provided notice to each owner or occupier whose name and address is unknown). Emergency species control orders 14E 1 Where a relevant body considers that the making of a species control order is urgently necessary, the relevant body may, despite section 14D(1)(b), make a species control order whether or not any of subsections (2) to (4) of section 14D apply (such an order is referred to in this Part as an “ emergency species control order ”). 2 An emergency species control order expires 49 days after it is made. Content of species control orders 14F 1 A species control order must— a describe the premises to which it relates; b be accompanied by a map on which the premises to which it relates are delineated; c specify the type of invasive animal or plant in question; d specify— i any operations which are to be carried out on the premises for the purpose of controlling or eradicating the type of invasive animal or plant in question; ii the person who is to carry out the operations; and iii how and when the operations are to be carried out; e specify any operations which must not be carried out on the premises (referred to in this Part as “ excluded operations ”); f specify the date on which the order is to come into effect and the period for which it is to have effect; and g set out the circumstances in which an appeal may be made under section 14H against either the decision to make the order or the terms of the order. 2 A species control order— a may provide for the making of payments by the relevant body making the order; b other than an emergency species control order, may provide for the making of payments by the owner or occupier of the premises to which the order relates, to any person in respect of reasonable costs incurred by a person carrying out an operation under the order. Notice of species control orders 14G 1 A relevant body making a species control order must give notice of the making of the order— a to the owner and any occupier of the premises to which the order relates; and b where the relevant body is a body other than the Scottish Ministers, to the Scottish Ministers. 2 Notice must— a be in writing; b specify the relevant body's reasons for making the order; c attach a copy of the order; and d where the order is an emergency species control order, state that fact. Appeals in connection with species control orders 14H 1 Any owner or occupier of premises to which a species control order relates may appeal to the sheriff if aggrieved by— a a decision of a relevant body to make the species control order; or b the terms of such an order. 2 An appeal under subsection (1) must be lodged not later than 28 days after the date on which the relevant body gave notice to the appellant of the decision being appealed. 3 The sheriff may suspend any effect of an emergency species control order pending the determination of an appeal. 4 The sheriff must determine an appeal under subsection (1) on the merits rather than by way of review and may do so by— a affirming the order in question; b directing the relevant body to amend the order in such manner as the sheriff may specify; c directing the relevant body to revoke the order; or d making such other order as the sheriff thinks fit. 5 A decision of the sheriff on appeal is final except on a point of law. Coming into effect of species control orders 14I Unless a species control order specifies a later date under section 14F(1)(f), such an order has effect from— a in the case where an order is an emergency species control order, the giving of notice in accordance with section 14G; b in any other case— i the expiry of the time limit for appealing against the decision to make the order; or ii where such an appeal is made, its withdrawal or final determination. Review of species control orders 14J 1 A relevant body which has made a species control order may, when it thinks fit, review the order prior to its expiry for the purposes of determining whether it should make an order revoking the order. 2 If, on completion of a review, the relevant body decides that the species control order should be revoked, it may make an order to that effect. 3 The making of an order to revoke a species control order does not prevent a relevant body subsequently making a species control order in relation to the same premises. Offences in relation to species control orders 14K 1 Any person who, without reasonable excuse, fails to carry out, in the manner required by a species control order, an operation which the person is required by the order to carry out is guilty of an offence. 2 Any person who intentionally obstructs any person from carrying out an operation required to be carried out under a species control order is guilty of an offence. 3 Any person who, without reasonable excuse, carries out, or causes or permits to be carried out, any excluded operation is guilty of an offence. Enforcement of operations under species control orders 14L 1 This section applies where a relevant body considers— a that any operation required to be carried out by a species control order it has made has not been carried out within the period or by the date specified in it; or b that any such operation has been carried out otherwise than in the manner required under the order. 2 The relevant body— a may carry out the operation, or such further work as is necessary to ensure that it is carried out, in the manner required under the order; b is not required to make any payment (and may recover any payments made) in pursuance of the species control order in relation to the operation in question; and c may recover from the person whom the species control order required to carry out the operation any expenses reasonably incurred by it in doing so (less any payment which the relevant body is required to make in relation to the carrying out of the operation under the order by virtue of section 14F(2)(a)). Species control orders: powers of entry 14M 1 A person authorised in writing by a relevant body may enter any premises for any of the following purposes— a to determine whether or not to offer to enter into a species control agreement with the owner or, as the case may be, occupier of the premises; b to determine whether or not to make or revoke a species control order; c to serve notice to an owner or occupier of premises in accordance with section 14D(5)(a) or 14G; d to ascertain whether an offence under section 14K is being, or has been, committed in relation to an order made by the relevant body; e to carry out an operation or other work in pursuance of section 14L(2)(a). 2 A person so authorised to enter premises may not demand admission as of right to any land which is occupied unless— a the entry is for a purpose mentioned in subsection (1)(a) or (b) and at least 24 hours' notice of the intended entry has been given; b the entry is for a purpose mentioned in subsection (1)(c) or (d); or c the entry is for a purpose mentioned in subsection (1)(e) and at least 14 days' notice of the intended entry has been given. 3 Subsection (2) does not apply in relation to entry in connection with an emergency species control order. 4 Nothing in this section authorises any person to break any lock barring access to premises which the person is authorised to enter. Species control orders: entry by warrant etc. 14N 1 If a sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for a person authorised by a relevant body to enter premises for a purpose mentioned in section 14M(1) and that— a admission to the premises has been refused; b such refusal is reasonably apprehended; c the premises are unoccupied; d the occupier is temporarily absent from the premises; e the giving of notice under section 14M(2) would defeat the object of the proposed entry; or f the situation is one of urgency, the sheriff or justice may grant a warrant authorising the person to enter premises (including lockfast places), if necessary using reasonable force. 2 In the cases of a warrant under subsection (1)(a) to (d), a sheriff or justice must not grant a warrant unless satisfied that notice of the intended entry has been given in the manner described in section 14M. 3 A warrant under this section— a may be executed without notice; and b continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify. 4 Any person authorised by a warrant to enter any premises must, if required to do so by the owner or occupier or anyone acting on the owner or occupier's behalf, show that person the warrant. 5 Any person authorised by a warrant to use reasonable force— a must be accompanied by a constable when doing so; and b may not use force against an individual. Species control orders: powers of entry: supplemental 14O 1 Any person who exercises a power of entry to premises in accordance with section 14M or 14N may— a be accompanied by any other person; and b take any machinery, other equipment or materials on to the premises, for the purpose of assisting the person in the exercise of that power. 2 A power specified in subsection (1) which is exercisable under a warrant is subject to the terms of the warrant. 3 Any person leaving any premises which have been entered in exercise of a power conferred by section 14M or a warrant granted under section 14N, being either unoccupied premises or premises from which the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as the person found the premises. 4 A relevant body must compensate any person who has sustained damage by reason of— a the exercise by a person authorised by the relevant body of any powers of entry conferred on the person by section 14M or a warrant granted under section 14N; or b the failure of a person so authorised to perform the duty imposed by subsection (3), unless the damage is attributable to the fault of the person who sustained it. 5 Any dispute as to a person's entitlement to compensation, or to the amount of such compensation, is to be determined by arbitration. Interpretation of sections 14 to 14O 14P 1 This section applies to sections 14 to 14O only. 2 Any reference to the native range of an animal or plant, or a type of animal or plant, is a reference to the locality to which the animal or plant of that type is indigenous, and does not refer to any locality to which that type of animal or plant has been imported (whether intentionally or otherwise) by any person. 3 The native range of a hybrid animal or plant is any locality within the native range of both parents of the hybrid animal or plant. 4 Any reference to an invasive animal or invasive plant, or type of such an animal or plant, is a reference to an animal or plant of a type which if not under the control of any person, would be likely to have a significant adverse impact on— a biodiversity; b other environmental interests; or c social or economic interests. 5 Any reference to premises— a includes reference to land (including lockfast places and other buildings), movable structures, vehicles, vessels, aircraft and other means of transport; but b does not include reference to dwellings. 6 Any reference to a relevant body is a reference to— a the Scottish Ministers; b Scottish Natural Heritage; c the Scottish Environment Protection Agency; ... d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Any reference to an animal includes a reference to ova, semen and milt of the animal. 8 “ Plant ” includes fungi and any reference to a plant includes a reference to— a bulbs, corms and rhizomes of the plant; and b notwithstanding section 27(3ZA), seeds and spores of the plant. Endangered species (import and export). 15 1 The Endangered Species (Import and Export) Act 1976 shall have effect subject to the amendments provided for in Schedule 10 ; and in that Schedule “the 1976 Act” means that Act. 2 The functions of the GB conservation bodies shall include power to advise or assist— a any constable; b any officer commissioned or other person appointed or authorised by the Commissioners of Customs and Excise to exercise any function conferred on the Commissioners by the said Act of 1976; or c any person duly authorised by the Secretary of State under section 7(3) of that Act, in, or in connection with, the enforcement of that Act or any order made under it. Possession of pesticides 15A 1 Any person who is in possession of any pesticide containing one or more prescribed active ingredient shall be guilty of an offence. 2 A person shall not be guilty of an offence under subsection (1) if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with— a any regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), ... aa Regulation (EC) 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market, as amended, extended or applied from time to time, b Regulation ( EU ) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products, as amended, extended or applied from time to time. 2A Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by subsection (1) shall be guilty of an offence. 3 In this section— “ pesticide ” has the meaning given in the Food and Environment Protection Act 1985 (c. 48), and “ prescribed active ingredient ” means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers. Supplemental Power to grant licences. 16 1 Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done— a for scientific, research or educational purposes; b for the purpose of ringing or marking, or examining any ring or mark on, wild birds; c for the purpose of conserving wild birds; ca for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes; cb for the purpose of conserving flora or fauna; d for the purpose of protecting any collection of wild birds; e for the purposes of falconry or aviculture; f for the purposes of any public exhibition or competition; g for the purposes of taxidermy; h for the purpose of photography; i for the purposes of preserving public health or public or air safety; j for the purpose of preventing the spread of disease; or k for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber , fisheries or inland waters , if it is done under and in accordance with the terms of a licence granted by the appropriate authority. 1A The appropriate authority— a shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and b shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds. 2 Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to— a a gannet on the island of Sula Sgeir; or b a gull’s egg or, at any time before 15th April in any year, a lapwing’s egg, if it is done under and in accordance with the terms of a licence granted by the appropriate authority. 3 Sections 9(1), (2) , (4) and (4A) , 11(1) (a), (b), (be), (c) and (d), and (2) and 13(1) do not apply to anything done— a for scientific or educational purposes; b for the purpose of ringing or marking, or examining any ring or mark on, wild animals; c for the purpose of conserving wild animals or wild plants or introducing them to particular areas; d for the purpose of protecting any zoological or botanical collection; e for the purpose of photography; f for the purpose of preserving public health or public safety; g for the purpose of preventing the spread of disease; or h for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries, ... or j in England, for reasons of overriding public interest , if it is done under and in accordance with the terms of a licence granted by the appropriate authority. 3ZZA Subsection (3)(c), so far as relating to section 11(2) in its application to mustela erminea (stoat, otherwise known as ermine), is to be read as if the reference to wild animals included wild birds. 3ZA A licence granted under subsection (3) may permit the use , otherwise than in Wales, of a trap or snare , or, in Wales, of a trap other than a glue trap, for the purpose of killing, taking or restraining a wild animal included in Schedule 6ZA only if the trap or snare— a meets the conditions relating to certification (see subsections (3ZB) to (3ZF)); or b meets the approved design conditions (see subsections (3ZG to (3ZI)). This subsection is subject to (3ZJ). 3ZB For the purposes of subsection (3ZA)(a) the conditions relating to certification are that— a the trap or snare is of a certified type and make; b the manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; and c where it is manufactured on or after 28th March 2019, the trap or snare is identified by its manufacturer by means of a permanent marking as being of a certified type and make. 3ZC For the purposes of subsection (3ZB)(b), instructions provided by the supplier of a trap or snare with the authorisation of the manufacturer of that trap or snare are to be treated as provided by the manufacturer. 3ZD For the purposes of this section, a type and make of trap or snare is “certified” in relation to a wild animal included in Schedule 6ZA if it is certified by or on behalf of any of the following authorities as conforming (where the trap or snare is set in accordance with any instructions provided by the manufacturer) to the standards set out in the international trapping standards agreement in relation to the trapping of that animal— a the Secretary of State; b the Welsh Ministers; c the Scottish Ministers; d in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; e an authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority. 3ZE The relevant authority shall— a publish in such manner as it considers appropriate a list of all traps and snares of a certified type and make of which it is aware; and b make the list available to anyone who asks for it in in writing. 3ZF For the purposes of subsection (3ZE), “the relevant authority” means— a in relation to England, the Secretary of State; b in relation to Wales, the Welsh Ministers; c in relation to Scotland, the Scottish Ministers. 3ZG For the purposes of subsection (3ZA)(b) a trap or snare meets the approved design conditions if it— a has been constructed by the person using it; and b complies with a design approved for this purpose by or on behalf of the Secretary of State (where it is used in England or Scotland) or the Welsh Ministers ( where it is a trap other than a glue trap, and it is used in Wales ). 3ZH The relevant authority must— a publish in such manner as it considers appropriate details of the design of a trap or snare approved in accordance with subsection (3ZG)(b); and b make the details available to anyone who asks for them in writing. 3ZI In subsection (3ZH), “the relevant authority” means— a the Secretary of State, for designs of traps or snares approved for use in England; b the Welsh Ministers, for designs of traps (other than glue traps) approved for use in Wales; c the Scottish Ministers, for designs of traps or snares approved for use in Scotland. 3ZJ Subsection (3ZA) does not apply where the licence— a is granted in accordance with any of paragraphs (a) to (d) or paragraphs (f) to (h) of subsection (3) and is subject to such conditions as the appropriate authority considers appropriate when granting the licence; b does not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; and c is accompanied by a written explanation of the reasons for that opinion and for the grant of the licence. 3ZK In this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation. 3B In England, the appropriate authority shall not grant a licence under subsection (3) unless it is satisfied— a that there is no other satisfactory solution, and b that the grant of the licence is not detrimental to the survival of any population of the species of animal or plant to which the licence relates. 4 The following provisions, namely— a section 6(1) and (2); b sections 9(5) and 13(2); and c sections 14 and 14ZA , do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority. 5 Subject to subsections (5A) and (6) , a licence under the foregoing provisions of this section— a may be, to any degree, general or specific; b may be granted either to persons of a class or to a particular person; c may be subject to compliance with any specified conditions; d may be modified or revoked at any time by the appropriate authority; and e subject to paragraph (d), shall be valid for the period stated in the licence; and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine. 5A A licence under subsection (1) which authorises any action in respect of wild birds— a shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken; b shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and c subject to subsection (5)(d), shall be valid for the period, not exceeding two years, or in the case of a licence granted by Natural England five years, stated in the licence. 6 A licence under subsection (2) or (3) which authorises any person to kill wild birds or wild animals— a shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and b subject to subsection (5)(d), shall be valid for the period, not exceeding two years, or in the case of a licence granted by Natural England five years, stated in the licence. 7 It shall be a defence in proceedings for an offence under section 8(b) of the Protection of Animals Act 1911 or section 7(b) of the Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that— a the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and b any conditions specified in the licence were complied with. 8 For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person. 8A In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “ the appropriate authority ” means the Marine Management Organisation. 8C In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to Wales, “the appropriate authority” means the Natural Resources Body for Wales. 9 Except as provided by subsections (8A) and (8C) , In this section “ the appropriate authority ” means— a in the case of a licence under any of paragraphs (a) to (cb) of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the relevant conservation body ; b in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid; c in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) or (j) of subsection (3), the relevant conservation body ; d in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and e in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State. 9A In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Wild Birds Directive . 10 The agriculture Minister— a shall from time to time consult with each of the GB conservation bodies as to the exercise in the area of that body of his functions under this section; and b shall not grant a licence of any description unless he has been advised by the relevant conservation body as to the circumstances in which, in their opinion, licences of that description should be granted. 11 For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the conservation body for the area in which it is proposed to carry on the activity requiring a licence. 12 In this section— a “ the restricted English inshore region ” means so much of the English inshore region as lies to seaward of mean low water mark; b “ the English inshore region ” has the meaning given by section 322 of the Marine and Coastal Access Act 2009. c “ Wales ” has the meaning given by section 158 of the Government of Wales Act 2006. Licensing: land on which certain birds may be killed or taken 16AA 1 The relevant authority may, on the application of an owner or occupier of an area of land, grant a licence for the purposes of permitting the killing or taking of any type of bird included in Part 1B of Schedule 2 on the land (a “section 16AA licence”), if it is satisfied that it is appropriate to do so. 2 In determining whether it is appropriate to grant a section 16AA licence the relevant authority must have regard in particular to the applicant’s compliance with a code of practice made in accordance with section 16AC. 3 Where the relevant authority refuses to grant a licence to an applicant, the relevant authority must give written notice to the applicant of the reasons for doing so. 4 An application for a section 16AA licence must— a be made to the relevant authority, b be made in such manner and form as the relevant authority may require, c specify the area of land to which the licence is to relate, d contain or be accompanied by such information as the relevant authority may require, and e be accompanied by payment of such reasonable fee as the relevant authority may require. 5 The relevant authority must publicise any requirements which are for the time being set under subsection (4)(b) to (e). 6 A section 16AA licence— a must— i specify the person to whom the licence is granted (“the licence holder”), ii identify the area of land, by reference to a map, to which the licence relates, iii specify any reasonable conditions the relevant authority considers appropriate to attach to the licence, and b may be granted or renewed for a period not exceeding 5 years. 7 Every section 16AA licence is subject to the condition that the licence holder must have regard to a code of practice made in accordance with section 16AC. 8 Conditions which may be specified under subsection (6)(a)(iii) include, in particular, conditions drawn from a code of practice made in accordance with section 16AC. 9 The relevant authority may— a modify a section 16AA licence at any time, b suspend or revoke a section 16AA licence if— i the licence holder— A fails to comply with any conditions attached to the licence, or B ceases to be in a position to ensure compliance with the conditions, ii the relevant authority is satisfied that the licence holder or a person involved in managing the land to which the licence relates— A has committed a relevant offence on the land, or B has knowingly caused or permitted another person to do so. 10 Where the relevant authority has modified, suspended or revoked a person’s section 16AA licence— a the relevant authority must give written notice to the person of the modification, suspension or revocation and specify in the notice the reason for the modification, suspension or revocation, and b the modification, suspension or revocation may not take effect until the end of— i the period of 14 days beginning with the day on which the notice is given, or ii such other period as the relevant authority considers appropriate and specifies in the notice. 11 A licence holder whose section 16AA licence is suspended is to be treated as not having a section 16AA licence for the duration of the suspension. 12 A court which convicts a person of a relevant offence must notify the Scottish Ministers (or Scottish Natural Heritage if the functions under this section have been delegated to that body) of the conviction. 13 In this section— “ relevant authority ” means— the Scottish Ministers, or where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to section 16AA licences, Scottish Natural Heritage, “ relevant offence ” means an offence under— Part 1 of this Act, the Protection of Badgers Act 1992, Part 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 ( S.I. 1994/2716 ), section 1 of the Wild Mammals (Protection) Act 1996, section 19 of the Animal Health and Welfare (Scotland) Act 2006, the Hunting with Dogs (Scotland) Act 2023. 14 The Scottish Ministers may by regulations modify the definition of “relevant offence” in subsection (13) . Appeals relating to section 16AA licences 16AB 1 A person may appeal to the appropriate sheriff against a decision of the relevant authority to— a refuse to grant to the person a section 16AA licence, b attach a condition to the person’s section 16AA licence, c modify, suspend or revoke the person’s section 16AA licence. 2 An appeal under this section must be made within the period of 21 days beginning with the day on which notice of the decision being appealed against was given. 3 An appeal under this section is to be determined on the merits rather than by way of review. 4 The sheriff hearing the appeal may consider any evidence or other matter, whether or not it was available at the time the relevant authority made the decision being appealed against. 5 Where a summary sheriff is hearing an appeal, the summary sheriff is to have the same power to make an interim order under section 88(1) of the Courts Reform (Scotland) Act 2014 as a sheriff hearing the appeal would have. 6 On determining the appeal, the sheriff may— a dismiss the appeal, or b give the relevant authority such direction as the sheriff considers appropriate in respect of the decision that is the subject of the appeal. 7 The determination of the sheriff may be appealed against only on a point of law. 8 In this section— “ appropriate sheriff ” means— in a case where the appellant resides in Scotland, a sheriff or summary sheriff of the sheriffdom in which the appellant resides, or in a case where the appellant resides outwith Scotland, a sheriff or summary sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh, “ relevant authority ” means— the Scottish Ministers, or where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to licences, Scottish Natural Heritage, “ section 16AA licence ” is to be construed in accordance with section 16AA(1). Section 16AA Licence: code of practice 16AC 1 The Scottish Ministers must prepare a code of practice for the purpose of providing guidance about managing land to which a section 16AA licence relates. 2 A code of practice may, in particular, provide guidance on— a how land should be managed to reduce disturbance of and harm to any wild animal, wild bird and wild plant (including the use of medicated grit for such purposes), b how the taking or killing of any wild birds should be carried out, c how predators should be controlled. 3 The Scottish Ministers must review the current code of practice by the end of every review period. 4 Following a review, the Scottish Ministers may revise the current code of practice. 5 Before making, reviewing or revising a code of practice the Scottish Ministers must consult— a Scottish Natural Heritage, b such other persons as they consider likely to be interested in or affected by the management of land to which a section 16AA licence relates. 6 Subsection (5)(a) does not apply during any period for which the functions under this section are delegated to Scottish Natural Heritage under section 16AD . 7 As soon as practicable after the latest version of the code of practice is made, it must be made publicly available. 8 In this section, “ review period ” means— a in relation to the first review, the period of 5 years starting on the day on which subsection (1) is complied with, and b each subsequent period of 5 years. Section 16AA Licence: delegation of power in relation to code of practice 16AD 1 The Scottish Ministers may delegate the preparation, publication, review and revision of the code of practice under section 16AC to Scottish Natural Heritage. 2 Any delegation must be made by written direction. 3 The Scottish Ministers may modify or revoke a direction. Report on operation and effect of section 16AA licences 16AE 1 The Scottish Ministers must, for each reporting period, prepare a report on the operation and effect of section 16AA licences. 2 The report must include an assessment of the conservation status, including population size and range, of the following species— a golden eagle ( aquila chrysaetos ), b hen harrier ( circus cyaneus ), c peregrine falcon ( falco peregrinus ), d merlin ( falco columbarius ). 3 The report may include— a the number of licences issued under section 16AA and the area of land affected, b the number of licences that have been, or are, subject to suspension or revocation, the duration of those suspensions or revocations, and the reasons for those suspensions or revocations, c the number and outcomes of any appeals undertaken under section 16AB, and d such other matters as the Scottish Ministers consider appropriate. 4 As soon as practicable after each reporting period, the Scottish Ministers must lay the report before the Scottish Parliament. 5 The Scottish Ministers may by regulations amend subsection (2) to add or remove species of birds. 6 In this section, “ reporting period ” means— a in relation to the first report, the period of 5 years beginning on the day on which section 16AA comes into force, and b in relation to each subsequent report, the period of 5 years beginning on the day after the expiry of the previous reporting period. Report on operation and effect of section 16AA licences: delegation 16AF 1 The Scottish Ministers may delegate the preparation and publication of the report under section 16AE to Scottish Natural Heritage. 2 Any delegation must be made by written direction. 3 The Scottish Ministers may modify or revoke a direction. Delegation of licence-granting power: Scotland 16A 1 The Scottish Ministers may delegate their functions in relation to licences under section 16 to— a Scottish Natural Heritage; or b a local authority. 1B The Scottish Ministers may delegate their functions in relation to licences under section 16AA (other than the function in section 16AA(14)) to Scottish Natural Heritage. 2 But a function may be delegated to a local authority only in so far as it relates to— a the development of land within the meaning of section 26(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8); or b the demolition of buildings within the meaning of section 55 of the Building (Scotland) Act 2003 (asp 8). 3 A delegation under subsection (1) may be, to any degree, general or specific and may in particular relate to— a a particular type of bird, other animal or plant; b a particular licence or type of licence; c a particular area. 4 Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type that were granted before the delegation. 5 A delegation to— a Scottish Natural Heritage under subsection (1)(a) is to be made by written direction; aa Scottish Natural Heritage under subsection (1B) is to be made by written direction, b a local authority under subsection (1)(b) is to be made by order. 5A A direction under subsection (5)(aa) may include provision allowing Scottish Natural Heritage to modify or revoke licences that were granted before the direction. 6 A local authority which is delegated a function under subsection (1)(b) must, before granting or modifying a licence, consult Scottish Natural Heritage. 7 The Scottish Ministers may modify or revoke a direction under subsection (5)(a) or (5)(aa) . 8 Where a direction or order under subsection (5) is revoked, any existing licence granted under the direction or order continues to have effect (unless the revoking direction or order provides otherwise). False statements made for obtaining registration , identification number or licence etc. False statements made for obtaining registration or licence etc. 17 A person who, for the purposes of obtaining, whether for himself or another, a registration in accordance with regulations made under section 6(2) or 7(1) , an identification number under section 11A(4) or the grant of a licence under section 16 or 16AA — a makes a statement or representation, or furnishes a document or information, which he knows to be false in a material particular; or b recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular, shall be guilty of an offence. Attempts to commit offences etc. 18 1 Any person who attempts to commit an offence under the foregoing provisions of this Part shall be guilty of an offence and shall be punishable in like manner as for the said offence. 2 Any person who for the purposes of committing an offence under the foregoing provisions of this Part, has in his possession anything capable of being used for committing the offence shall be guilty of an offence and shall be punishable in like manner as for the said offence. Wildlife inspectors 18A 1 In this Part, “ wildlife inspector ” means a person authorised in writing under this section by— a the Secretary of State (in relation to England), or b the National Assembly for Wales (in relation to Wales). 2 An authorisation under subsection (1) is subject to any conditions or limitations specified in it. 3 A wildlife inspector must, if required to do so, produce evidence of his authority before entering any premises under section 18B or 18D. 4 A wildlife inspector entering premises under either of those sections may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under section 18C or 18E. Group 1 offences and licences: power to enter premises 18B 1 A wildlife inspector may, at any reasonable time, enter and inspect any premises— a for the purpose of ascertaining whether a Group 1 offence is being or has been committed; b for the purpose of— i verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 1 licence, or ii ascertaining whether any condition to which a Group 1 licence was subject has been complied with. 2 In this Part— “ Group 1 offence ” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and “ Group 1 licence ” means a licence authorising anything which would otherwise be a Group 1 offence. 3 Nothing in this section confers power to enter a dwelling. Group 1 offences and licences: examining specimens and taking samples 18C 1 The powers conferred by this section are exercisable where a wildlife inspector has entered any premises for a purpose mentioned in section 18B(1)(a) or (b). 2 The inspector, or a veterinary surgeon accompanying him, may— a for any such purpose, examine any specimen, and b subject to subsection (5) and section 18F, take a sample from it. 3 “ Specimen ” means— a any bird, other animal or plant, or b any part of, or anything derived from, a bird, other animal or plant. 4 “ Sample ” means a sample of blood, tissue or other biological material. 5 No sample may be taken under subsection (2) from a live bird, other animal or plant except for the purpose of establishing its identity or ancestry. 6 The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of— a making an examination under subsection (2)(a), or b taking a sample under subsection (2)(b). 7 The inspector may take and remove from the premises a specimen which is not a live bird, other animal or plant, if there are reasonable grounds for believing that it is evidence of a Group 1 offence. Group 2 offences and licences etc. : power to enter premises 18D 1 A wildlife inspector may, at any reasonable time, enter and inspect any premises— a for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises; b where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises; c for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises; d for the purpose of— i verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 2 licence or a relevant registration, or ii ascertaining whether any condition to which a Group 2 licence was subject has been complied with. 2 In this Part— “ Group 2 offence ” means an offence under section 6, 7, 9(5), 13(2) or 14, “ Group 2 licence ” means a licence authorising anything which would otherwise be a Group 2 offence, and “ relevant registration ” means a registration in accordance with regulations under section 7(1). 3 In subsection (1)— a paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with— i a Group 2 licence or a relevant registration held by an occupier of the dwelling, or ii an application by an occupier of the dwelling for a Group 2 licence or a relevant registration, and b paragraph (c) does not confer any power to enter a dwelling. Group 2 offences: examining specimens and taking samples 18E 1 A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector or a veterinary surgeon. 2 A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed, require the taking of a sample from a specimen found by him in the exercise of powers conferred by section 18D in order to determine its identity or ancestry. 3 A wildlife inspector may, for the purpose of ascertaining whether a Group 2 offence is being or has been committed in respect of any specimen (the relevant specimen), require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which— a is alleged to be, or b which the wildlife inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen. 4 Where, pursuant to a requirement under this section— a a bird or other animal is to be examined, or b a sample is to be taken from a bird or other animal, a person who has the bird or animal in his possession or control must give the person making the examination or taking the sample such assistance as he may reasonably require for that purpose. 5 “ Specimen ” and “ sample ” have the same meaning as in section 18C. 6 This section is subject to section 18F. Restrictions on taking of samples from live specimens 18F 1 No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird or other animal except by a veterinary surgeon. 2 No sample may be taken by virtue of section 18C, 18E or 19XA from a live bird, other animal or plant unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen. Enforcement. 19 1 If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant— a stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person; b search or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21. 2 If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) or arresting a person, in accordance with section 24 of Police and Criminal Evidence Act 1984, for such an offence , enter any premises other than a dwelling . 2A A constable may, for the purpose of assisting him in exercising the powers conferred by subsection (1)(b) and (d) when he has entered any premises under subsection (2), take with him— a any other person, and b any equipment or materials. 3 If a justice of the peace is satisfied by information on oath that there are reasonable grounds for suspecting that an offence under this Part has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable . . . to enter upon and search those premises for the purpose of obtaining that evidence. In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff. 9 This section does not apply in relation to offences under Schedule 9A. Constables' powers in connection with samples 19XA 1 A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample. 2 A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (the relevant specimen) may require any person to make available for the taking of a sample any specimen (other than the relevant specimen) in that person's possession or control which— a is alleged to be, or b the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen. 3 Where a sample from a live bird or other animal is to be taken pursuant to a requirement under this section, any person who has possession or control of the specimen must give the person taking the sample such assistance as he may reasonably require for that purpose. 4 “ Specimen ” and “ sample ” have the same meaning as in section 18C. 5 This section is subject to section 18F (restrictions on taking samples). Offences in connection with enforcement powers 19XB 1 A person is guilty of an offence if he— a intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18B(1) or 18C(2) or (7), or b fails without reasonable excuse to give any assistance reasonably required under section 18C(6). 2 A person is guilty of an offence if he— a intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by section 18D(1) or 18E(2), or b fails without reasonable excuse to make available any specimen in accordance with a requirement under section 18E(1) or (3), or c fails without reasonable excuse to give any assistance reasonably required under section 18E(4). 3 A person is guilty of an offence if he— a fails without reasonable excuse to make available any specimen in accordance with a requirement under section 19XA(2), or b fails without reasonable excuse to give any assistance reasonably required under section 19XA(3). 4 Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence. Enforcement: wildlife inspectors. 19ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to take samples. 19ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wildlife inspectors: Scotland 19ZC 1 The Scottish Ministers may authorise any person to carry out the functions conferred by this section and section 19ZD(3), (4) and (8) (and any person so authorised is to be known as a “wildlife inspector”). 2 An authorisation under subsection (1)— a shall be in writing, and b is subject to any conditions or limitations specified in it. 3 A wildlife inspector may, at any reasonable time and (if required to do so) upon producing evidence of authorisation, enter and inspect— a any premises for the purpose of ascertaining whether an offence under section 6, 9(5) , 11I(1) or 13(2) is being, or has been, committed on those premises; b any premises where the inspector has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises; c any premises where the inspector has reasonable cause to believe that any birds are kept, for the purpose of ascertaining whether an offence under section 8(1) is being, or has been, committed on those premises; d any premises for the purpose of ascertaining whether an offence under section 14 , 14ZC, 14A, 14AA, 14AA, 14B or 14K is being, or has been, committed on those premises; e any premises for the purpose of — i verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a relevant registration or licence; or ii ascertaining whether a condition to which a relevant registration or licence was subject to has been complied with. 4 In subsection (3)— a paragraphs (a) to (c) do not confer power to enter a dwelling except for purposes connected with— i a relevant registration or licence held by an occupier of the dwelling; or ii an application by an occupier of the dwelling for a relevant registration or licence, b paragraph (d) does not confer power to enter a dwelling. 5 A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 8(1), 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being, or has been, committed in respect of any specimen, require any person who has possession or control of the specimen to make it available for examination by the inspector. 6 Any person who has possession or control of any live bird or other animal shall give any wildlife inspector acting in the exercise of powers conferred by this section such assistance as the inspector may reasonably require for the purpose of examining the bird or other animal. 7 Any person who— a intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5); or b fails without reasonable excuse to give any assistance reasonably required under subsection (6), shall be guilty of an offence. 8 Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence. 9 In this section— “ relevant registration or licence ” means— a registration in accordance with regulations under section 7(1); or a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 8(1), 9(5), 11I(1), 13(2), 14, 14ZC , 14A or 14AA ; “ specimen ” means any bird, other animal , plant, fungus or micro-organism or any part of, or anything derived from, a bird, other animal , plant, fungus or micro-organism . Power to take samples: Scotland 19ZD 1 A constable who suspects with reasonable cause that a specimen found by the constable in the exercise of powers conferred by section 19 is one in respect of which an offence under this Part is being or has been committed may require the taking from it of a sample of blood or tissue in order to determine its origin, identity or ancestry. 2 A constable who suspects with reasonable cause that an offence under this Part is being or has been committed in respect of any specimen (“the relevant specimen”) may require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the constable suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen. 3 A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being or has been committed, require the taking of a sample of blood or tissue from a specimen found by the inspector in the exercise of powers conferred by section 19ZC(3)(a) to (d) in order to determine its origin, identity or ancestry. 4 A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 11I(1), 13(2), 14, 14ZC, 14A, 14AA, 14B or 14K is being or has been committed in respect of any specimen (“the relevant specimen”), require any person to make available for the taking of a sample of blood or tissue any specimen (other than the relevant specimen) in that person’s possession or control which is alleged to be, or which the inspector suspects with reasonable cause to be, a specimen a sample from which will tend to establish the origin, identity or ancestry of the relevant specimen. 5 No sample from a live bird, other animal or plant shall be taken pursuant to a requirement under this section unless the person taking it is satisfied on reasonable grounds that taking the sample will not cause lasting harm to the specimen. 6 No sample from a live bird or other animal shall be taken pursuant to such a requirement except by a veterinary surgeon. 7 Where a sample from a live bird or other animal is to be taken pursuant to such a requirement, any person who has possession or control of the specimen shall give the person taking the sample such assistance as that person may reasonably require for that purpose. 8 A constable entering premises under section 19(2), and any wildlife inspector entering premises under section 19ZC(3), may take with him a veterinary surgeon if the constable or, as the case may be, inspector has reasonable grounds for believing that such a person will be required for the exercise on the premises of powers under subsection (1) or (2) or, as the case may be, (3) or (4). 9 Any person who— a intentionally obstructs a wildlife inspector acting in the exercise of the power conferred by subsection (3), b fails without reasonable excuse to make available any specimen in accordance with a requirement under subsection (2) or (4), or c fails without reasonable excuse to give any assistance reasonably required under subsection (7), shall be guilty of an offence. 10 In this section— a “ specimen ” has the same meaning as in section 19ZC; b in relation to a specimen which is a part of, or is derived from, a bird, other animal or plant, references to determining its origin, identity or ancestry are to determining the origin, identity or ancestry of the bird, other animal or plant. c “ tissue ” means any type of biological material other than blood. Evidence in Scotland in certain proceedings . 19A In any proceedings in Scotland for any of the following offences , the accused may be convicted on the evidence of one witness — a an offence under section 1(1)(a) in relation to a grouse, partridge, pheasant or ptarmigan included in Part I of Schedule 2; b an offence under section 1(1)(c); c an offence under section 6(1) in relation to a grouse, partridge or pheasant included in Part IA of Schedule 3; d an offence under section 6(2) in relation to a grouse, partridge, pheasant or ptarmigan included in Part IIA of that Schedule; e an offence under section 10A(1), 11G(1) or 11I(1) . Proceedings for summary offences . 20 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Proceedings for a summary offence under this Part may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than two years after the commission of the offence. 3 For the purpose of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved. Penalties, forfeitures etc. 21 1 Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both. 4 A person guilty of an offence under section 14 or 14ZA shall be liable— a on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both ; b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both . 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4AA Except in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. 4B A person guilty of an offence under section 19XB(1)(a) or (2)(a) in relation to a wildlife inspector entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed shall be liable— a on summary conviction, to a fine not exceeding the statutory maximum; b on conviction on indictment, to a fine. 4C A person guilty of an offence under section 19XB(4) shall be liable— a on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both; b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. 4D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Where an offence to which subsection (1) . . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing. 6 The court by which any person is convicted of an offence under this Part— a shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and b may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 or 14ZA , any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession. 7 Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence. Power to vary Schedules. 22 1 The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of Schedules ZA1 to 4 . 2 An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August. 3 The Secretary of State may, on a representation made to him by the GB conservation bodies acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act , by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year— a add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and b remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A The 2006 Act means the Natural Environment and Rural Communities Act 2006. 4 The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or with respect to particular provisions of this Part or particular times of the year— a add any animals to, or remove any animals from, Schedule 5 or Schedule 6; and b add any plants to, or remove any plants from, Schedule 8. 5 The Secretary of State may by order, either generally or with respect to particular areas of Great Britain— a add any animals to, or remove any animals from, Part I , IA or IB of Schedule 9; and b add any plants to, or remove any plants from, Part II of that Schedule. 6 The Secretary of State may, for the purpose of complying with the international trapping standards agreement, by order add any animal to, or remove any animal from, Schedule 6ZA. 7 In subsection (6), “the international trapping standards agreement” has the meaning given by section 16(3ZK). Advisory bodies and their functions. 23 1 The Secretary of State may— a establish any body or bodies, consisting in each case of such members as he may from time to time appoint; b assign to any body or bodies the duty referred to in subsection (4). 2 Without prejudice to his power under subsection (1), the Secretary of State shall, as soon as practicable after the commencement date,— a establish at least one body under paragraph (a) of subsection (1); or b assign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4). 3 A reference in this Part to an advisory body is a reference to a body which is established under subsection (1) or to which the duty there referred to is assigned under that subsection. 4 It shall be the duty of an advisory body to advise the Secretary of State on any question which he may refer to it or on which it considers it should offer its advice— a in connection with the administration of this Part; or b otherwise in connection with the protection of birds or other animals or plants. 5 In so far as it does not have power to do so apart from this subsection, an advisory body may publish reports relating to the performance by it of its duty under subsection (4). 6 Before appointing a person to be a member of an advisory body established under subsection (1)(a), the Secretary of State shall consult such persons or bodies as he thinks fit. 7 The Secretary of State may, out of moneys provided by Parliament and to such an extent as may be approved by the Treasury, defray or contribute towards the expenses of an advisory body established under subsection (1)(a). Functions of GB conservation bodies 24 1 The GB conservation bodies, acting through the Joint Nature Conservation Committee in accordance with Part 2 of the 2006 Act may at any time and shall five years after 30th October 1991 and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,— a any animal should be added to, or removed from, Schedule 5; b any plant should be added to, or removed from, Schedule 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A The 2006 Act means the Natural Environment and Rural Communities Act 2006. 2 Advice may be given under subsection (1) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year; and any advice so given shall be accompanied by a statement of the reasons which led to that advice being given. 3 The Secretary of State shall lay before each House of Parliament a copy of any advice so given and the statements accompanying it. 4 The functions of the GB conservation bodies shall include power to advise or assist— a any constable; b any proper officer of a local authority; or c any wildlife inspector, in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it. Functions of local authorities. 25 1 Every local authority shall take such steps as they consider expedient for bringing to the attention of the public and of schoolchildren in particular the effect of— a the provisions of this Part; and b any order made under this Part affecting the whole or any part of their area. 2 A local authority in England and Wales may institute proceedings for any offence under this Part or any order made under it which is committed within their area. 3 Nothing in this section applies in relation to Schedule 9A or orders or offences under it. Regulations, orders, notices etc. 26 1 Any power to make regulations or orders under this Part shall be exercisable by statutory instrument. 2 A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than sections 2(6), 3, 5 and 11, shall be subject to annulment in pursuance of a resolution of either House of Parliament. 3 No order under section 5 or 11 shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament. 4 Before making any order under this Part, the Secretary of State— a except in the case of an order under section 2(6), shall give to any local authority affected and, except in the case of an order under section 3, any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order; b except in the case of an order under section 22(3), shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and c may, if he thinks fit, cause a public inquiry to be held. 5 Notice of the making of an order under this Part shall be published by the Secretary of State— a if the order relates in whole or in part to England and Wales, in the London Gazette; and b if the order relates in whole or in part to Scotland, in the Edinburgh Gazette. 6 The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area. 7 In this section references to orders do not include species control orders under Schedule 9A. Enforcement of wildlife legislation 26A Regulations under section 2(2) of the European Communities Act 1972 (c. 68) for the purpose of implementing Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora (that is, the Directive as amended from time to time by any other EU instrument or otherwise) may, despite paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months. Annual report on wildlife crime 26B 1 The Scottish Ministers must, after the end of each calendar year, lay before the Scottish Parliament a report on offences relating to wildlife. 2 The report may, in particular, include— a information on the incidence and prosecution of such offences during the year to which the report relates; b information on research and advice relating to wildlife which the Scottish Ministers consider relevant to such offences. 3 The report need only include information in relation to such offences relating to wildlife as the Scottish Ministers consider appropriate. 4 For the purposes of this section, an offence relating to wildlife is an offence— a under Part 1 of this Act; or b under any other enactment which the Scottish Ministers consider may have an impact on wildlife. Interpretation of Part I. 27 1 In this Part, unless the context otherwise requires— “ advertisement ” includes a catalogue, a circular and a price list; “ advisory body ” has the meaning given by section 23; “ agriculture Minister ” means the Minister of Agriculture, Fisheries and Food or the Secretary of State; “ authorised person ” means— the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken; any person authorised in writing by the local authority for the area within which the action authorised is taken; as respects anything done in relation to wild birds, any person authorised in writing by— the Welsh Ministers, in relation to things done for purposes relating to fishing or fisheries in the Welsh inshore region (within the meaning of the Marine and Coastal Access Act 2009); any of the following bodies, that is to say, any of the GB conservation bodies , . . . a district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862 or an inshore fisheries and conservation authority ...; any person authorised in writing by— the Environment Agency, in relation to anything done in England; the Natural Resources Body for Wales, in relation to anything done in Wales; or a water undertaker or a sewerage undertaker, so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land; “ automatic weapon ” and “ semi-automatic weapon ” do not include any weapon the magazine of which is incapable of holding more than two rounds; “ aviculture ” means the breeding and rearing of birds in captivity; “ destroy ”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching, and “ destruction ” shall be construed accordingly; “ domestic duck ” means any domestic form of duck; “ domestic goose ” means any domestic form of goose; “ firearm ” has the same meaning as in the Firearms Act 1968; “ game bird ” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan; “ inland waters ” means— inland waters within the meaning of the Water Resources Act 1991; any waters not falling within paragraph (a) above which are within the seaward limits of the territorial sea; controlled waters within the meaning of Part II of the Control of Pollution Act 1974 other than ground waters as defined in section 30A(1)(d) of that Act. “ inshore fisheries and conservation authority ” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009; “ livestock ” includes any animal which is kept— for the provision of food, wool, skins or fur; for the purpose of its use in the carrying on of any agricultural activity; or for the provision or improvement of shooting or fishing; “ local authority ” means— in relation to England . . ., a county, district or London borough council . . .; in relation to Wales, a county council or county borough council; in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; “ occupier ”, in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish; “ pick ”, in relation to a plant, means gather or pluck any part of the plant without uprooting it; “ poultry ” means domestic fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys; “ premises ” includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport; “ sale ” includes hire, barter and exchange and cognate expressions shall be construed accordingly; “ uproot ”, in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing; “ vehicle ” includes aircraft, hovercraft and boat; ...... “ wild animal ” means any animal (other than a bird) which is or (before it was killed or taken) was living wild; “ wild bird ” means any bird of a species which is ordinarily resident in or is a visitor to the United Kingdom or the European territory of any member State in a wild state but does not include poultry or, except in sections 5 and 16, any game bird; “ the Wild Birds Directive ” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds ; “ wild plant ” means any plant which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state. “ wildlife inspector ” has the meaning given by section 18A(1) . 2 A bird shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully in captivity when the egg was laid. 3 Any reference in this Part to an animal of any kind includes, unless the context otherwise requires, a reference to an egg, larva, pupa, or other immature stage of an animal of that kind. 3A In this Part “ the GB conservation bodies ” means— a Natural England, b the Natural Resources Body for Wales , and c Scottish Natural Heritage, and references to a conservation body are to be read accordingly. 4 This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council. 5 This Part extends to the territorial waters adjacent to Great Britain, and for the purposes of this Part any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part. Application of Part 1 to England and Wales 27ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Nature Conservation, Countryside and National Parks Sites of special scientific interest and limestone pavements Construction of references to Nature Conservancy Council. 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of sections 28 to 34 in Wales 27AA 1 In relation to land in Wales, sections 28 to 34 (which relate to sites of special scientific interest and limestone pavements) have effect as if references to Natural England were references to the Natural Resources Body for Wales and as if section 28D(2)(d) were omitted . 2 Subsection (3) applies where— a any provision of sections 28 to 34 requires the Natural Resources Body for Wales to give a notification or notice to the local planning authority in whose area land is situated, and b all or part of the land is included in a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004 the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 . 3 The Natural Resources Body for Wales must also give the notification or notice to the strategic planning panel for the strategic planning area that corporate joint committee . Sites of special scientific interest. 28 1 Where Natural England are of the opinion that any area of land is of special interest by reason of any of its flora, fauna, or geological or physiographical features, it shall be the duty of Natural England to notify that fact— a to the local planning authority (if any) in whose area the land is situated; b to every owner and occupier of any of that land; and c to the Secretary of State. 1A The reference in subsection (1) to land includes— a any land lying above mean low water mark; b any land covered by estuarial waters. 1B Where the area of land to which a notification under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if— a area B adjoins area A, and b any of the conditions in subsection (1C) is satisfied. 1C The conditions are— a that the flora, fauna or features leading to the notification of area A is or are also present in area B; b that the notification of area A is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B; c that, without the inclusion of area B, the identification of the boundary of the land notified (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable. 2 Natural England shall also publish a notification of the fact mentioned in subsection (1) in at least one local newspaper circulating in the area in which the land is situated. 3 A notification under subsection (1) shall specify the time (not being less than three months from the date of the giving of the notification) within which, and the manner in which, representations or objections with respect to it may be made; and Natural England shall consider any representation or objection duly made. 4 A notification under subsection (1)(b) shall also specify— a the flora, fauna, or geological or physiographical features by reason of which the land is of special interest, and b any operations appearing to Natural England to be likely to damage that flora or fauna or those features, and shall contain a statement of Natural England's views about the management of the land (including any views Natural England may have about the conservation and enhancement of that flora or fauna or those features). 5 Where a notification under subsection (1) has been given, Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either— a give notice to the persons mentioned in subsection (1) withdrawing the notification; or b give notice to those persons confirming the notification (with or without modifications). In the case of a notification given in relation to land lying below mean low water mark by virtue of subsection (1B), this subsection is subject to section 28CB(4) and (6). 6 A notification shall cease to have effect— a on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (1); or b if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to there, at the end of that period. 6A Subsection (6)(b) does not apply in a case where notice has been given to Natural England under section 28CB(3). 7 Natural England's power under subsection (5)(b) to confirm a notification under subsection (1) with modifications shall not be exercised so as to add to the operations specified in the notification or extend the area to which it applies. 8 As from the time when there is served on the owner or occupier of any land which has been notified under subsection (1)(b) a notice under subsection (5)(b) confirming the notification with modifications, the notification shall have effect in its modified form in relation to so much (if any) of that land as remains subject to it. 9 A notification under subsection (1)(b) of land in England and Wales shall be a local land charge. 9A For the purposes of this Part “ estuarial waters ” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy). 10 For the purposes of this section and sections 28A to 28D, “ local planning authority ”, in relation to land within the Broads, includes the Broads Authority. Variation of notification under section 28. 28A 1 At any time after notice has been given under section 28(5)(b) confirming a notification (with or without modifications), Natural England may by notice vary the matters specified or stated in the confirmed notification (whether by adding to them, changing them, or removing matter from them). 2 The area of land cannot be varied under this section. 3 Natural England shall give notice setting out the variation to— a the local planning authority (if any) in whose area the land is situated, b every owner and occupier of any of the land who in the opinion of the Council may be affected by the variation, and c the Secretary of State, and after service of a notice under paragraph (b) the notification under section 28(1)(b) shall have effect in its varied form. 4 Section 28(3) shall apply to such a notice as it applies to a notification under section 28(1). 5 Where a notice under subsection (3) has been given, Natural England may within the period of nine months beginning with the date the last of the owners and occupiers referred to in subsection (3)(b) was served with the notice either— a give notice to the persons mentioned in subsection (3) withdrawing the notice; or b give notice to them confirming the notice (with or without modifications). 6 A notice under subsection (3) shall cease to have effect— a on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (3); or b if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to in that subsection, at the end of that period. 7 As from the time when there is served on the owner or occupier of any land a notice under subsection (5)(b) confirming a notice of variation with modifications, the notification under section 28(1)(b) shall have effect as so varied. 8 A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notice under subsection (3) or (5)(b). Notification of additional land. 28B 1 Where Natural England are of the opinion that if land adjacent to a site of special scientific interest (“the extra land”) were combined with the site of special scientific interest (“the SSSI ”), the combined area of land would be of special interest by reason of any of its flora, fauna, or geological or physiographical features, Natural England may decide to notify that fact. 2 If they do so decide, the persons whom they must notify are— a the local planning authority (if any) in whose area the extra land is situated; b every owner and occupier of any of that extra land; and c the Secretary of State. 2A The reference in subsection (1) to land includes— a any land lying above mean low water mark; b any land covered by estuarial waters. 2B If any of the conditions in subsection (2C) is satisfied, the extra land may consist of or include an area of land not falling within subsection (2A)(a) or (b). 2C The conditions are— a that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of the extra land not falling within subsection (2A)(a) or (b); b that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area; c that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable. 3 No notification under subsection (2) may be given until after notice has been given under section 28(5)(b) confirming (with or without modifications) the notification under section 28(1) relating to the SSSI. 4 Subsections (2) and (3) of section 28 shall apply for the purposes of this section as they apply for the purposes of that section. 5 A notification under subsection (2)(b) shall also specify— a the area of land constituting the SSSI ; b what (as at the date of the notification under subsection (2)(b)) is specified or contained in the notification under section 28(1)(b) relating to the SSSI by virtue of section 28(4); and c the reasons why Natural England is of the opinion referred to in subsection (1). 6 In addition, the notification under subsection (2)(b) shall include a statement— a saying whether or not anything among the matters specified in the notification by virtue of subsection (5)(c) is particularly relevant to the extra land; and b if any such thing is of particular relevance, specifying which. 7 Subsections (5) to (7) of section 28 apply in relation to a notification under subsection (2) of this section as they apply in relation to a notification under subsection (1) of that section, as if references to “subsection (1)” and “subsection (1B)” in section 28(5) to (7) were references to subsection (2) and subsection (2B) of this section respectively . 8 As from the time when a notification under subsection (2)(b) is served on the owner or occupier of any land, the notification under section 28(1)(b) shall have effect as if it included the notification under subsection (2)(b). 9 As from the time when there is served on the owner or occupier of any land which has been notified under subsection (2)(b) a notice under section 28(5)(b) (as applied by subsection (7) of this section) confirming the notification under subsection (2)(b) with modifications, the notification under section 28(1)(b) (as extended by virtue of subsection (8) of this section) shall have effect in its modified form. 10 A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notification under subsection (2) or under section 28(5)(b) as applied by subsection (7) of this section. Enlargement of SSSI. 28C 1 Where Natural England are of the opinion that any area of land which includes, but also extends beyond, a site of special scientific interest (“the SSSI ”) is of special interest by reason of any of its flora, fauna, or geological or physiographical features, Natural England may decide to notify that fact. 2 If they do so decide, the persons whom they must notify are— a the local planning authority (if any) in whose area the land (including the SSSI ) is situated; b every owner and occupier of any of that land (including the SSSI ); and c the Secretary of State. 2A The reference in subsection (1) to land includes— a any land lying above mean low water mark; b any land covered by estuarial waters. 2B If any of the conditions in subsection (2C) is satisfied, the area of land to which a notification under subsection (2) relates may include an area of land not falling within subsection (2A)(a) or (b). 2C The conditions are— a that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of land not falling within subsection (2A)(a) or (b); b that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area; c that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable. 3 Subsections (2) to (8) of section 28 apply to a notification under subsection (2) of this section as they apply to a notification under subsection (1) of that section, as if references to “subsection (1)” , “subsection (1)(b)” and “subsection (1B)” in section 28(2) to (8) were references to subsection (2) , subsection (2)(b) and subsection (2B) of this section respectively. 4 No notification may be given under subsection (2) until after notice has been given under section 28(5)(b) (or section 28(5)(b) as applied by subsection (3)) confirming (with or without modifications) the notification under section 28(1) (or subsection (2)) relating to the SSSI. 5 As from the time when a notification under subsection (2) is served on the owner or occupier of any land included in the SSSI , the notification in relation to that land which had effect immediately before the service of the notification under subsection (2) shall cease to have effect. 6 A notification under subsection (2)(b) of land in England and Wales shall be a local land charge; and, to the extent that any such land was the subject of a local land charge by virtue of section 28(9), that local land charge shall be discharged. 7 A notice under section 28E(1)(a) and a consent under section 28E(3)(a) given before a notification under subsection (2)(b) continue to have effect. 8 The enlargement of a site of special scientific interest under this section does not affect anything done under section 28J to 28L. 9 Any reference to— a a notification under section 28(1) (or any of its paragraphs) shall be construed as including the corresponding notification under subsection (2); b a notification under section 28(5)(b) shall be construed as including a notification under that provision as applied by subsection (3); and c a local land charge existing by virtue of section 28(9) shall be treated as including one existing by virtue of subsection (6). Guidance in relation to subtidal notifications of SSSIs 28CA 1 The ministerial authority may issue guidance to Natural England about the exercise of the power conferred by section 28(1B), 28B(2B) or 28C(2B) to give a notification under section 28(1), 28B(2) or 28C(2) (as the case may be) in relation to land lying below mean low water mark. 2 In this section and section 28CB “ the ministerial authority ” means— a in relation to England, the Secretary of State; b in relation to Wales, the Welsh Ministers. Power to call in subtidal notifications 28CB 1 This section applies where a notification under section 28(1), 28B(2) or 28C(2) has been given in relation to land lying below mean low water mark (“the subtidal land”) by virtue of section 28(1B), 28B(2B) or 28C(2B) (as the case may be). 2 Natural England may not give notice under section 28(5)(b) confirming the notification unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority. (For the meaning of “the ministerial authority”, see section 28CA.) 3 At any time before the notification is confirmed the ministerial authority may give notice to Natural England that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land. 4 If the ministerial authority gives notice under subsection (3), Natural England may not give notice under section 28(5) until the ministerial authority has given a direction under subsection (5). 5 The ministerial authority may direct— a that the notification (if confirmed) must include all of the subtidal land; b that the notification (if confirmed) must not include any of the subtidal land; c that the notification (if confirmed) must, or must not, include such part of that land as is specified in the direction; d that the decision whether the notification (if confirmed) should include the subtidal land is to be taken by Natural England. 6 If the ministerial authority gives a direction under subsection (5), Natural England must give notice under section 28(5)(a) or (b), in accordance with that direction, within the period of three months beginning with the date on which the direction is received by them. 7 The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of— a appearing before and being heard by a person appointed by the ministerial authority for that purpose; b providing written representations to such a person. 8 A person appointed under subsection (7) must make a report to the ministerial authority of any oral or written representations made under that subsection. 9 The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (7). 10 The power to make regulations under subsection (9) is exercisable by statutory instrument. 11 A statutory instrument containing regulations made under subsection (9) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament. 12 A statutory instrument containing regulations made under subsection (9) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales. Denotification. 28D 1 Where Natural England are of the opinion that all or part of a site of special scientific interest a is not of special interest by reason of any of the matters mentioned in section 28(1), or b should no longer be the subject of a notification under section 28(1) because that land has been designated as (or as part of) a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009, they may decide to notify that fact. 2 If they do so decide, the persons whom they must notify are— a the local planning authority (if any) in whose area the land mentioned in subsection (1) is situated; b every owner and occupier of any of that land; c the Secretary of State; d the Environment Agency; and e every relevant undertaker (within the meaning of section 4(1) of the Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the Land Drainage Act 1991) whose works, operations or activities may affect the land. 3 Natural England shall also publish a notification of the fact mentioned in subsection (1)(a) or (b) in at least one local newspaper circulating in the area in which the land referred to in subsection (2)(a) is situated. 4 Section 28(3) shall apply to a notification under subsection (2) or (3) as it applies to a notification under section 28(1). 5 Where a notification under subsection (2) has been given, Natural England may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either— a give notice to the persons mentioned in subsection (2) withdrawing the notification, or b give notice to those persons confirming the notification, or confirming it in relation to an area of land specified in the notice which is smaller than that specified in the notification under subsection (2), but if they do neither the notification shall cease to have effect. 6 A notification under subsection (2) shall have effect in relation to any land as from the time a notice under subsection (5)(b) is served on its owner or occupier, and from that time a notification under section 28(1)(b) in relation to that land shall cease to have effect. 7 A local land charge existing by virtue of section 28(9) shall be discharged in relation to land which is the subject of a notice under subsection (5)(b). Duties in relation to sites of special scientific interest. 28E 1 The owner or occupier of any land included in a site of special scientific interest shall not while the notification under section 28(1)(b) remains in force carry out, or cause or permit to be carried out, on that land any operation specified in the notification unless— a one of them has, after service of the notification, given Natural England notice of a proposal to carry out the operation specifying its nature and the land on which it is proposed to carry it out; and b one of the conditions specified in subsection (3) is fulfilled. 2 Subsection (1) does not apply to an owner or occupier being an authority to which section 28G applies acting in the exercise of its functions. 3 The conditions are— a that the operation is carried out with Natural England's written consent; b that the operation is carried out in accordance with the terms of an agreement under section 16 of the 1949 Act , section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016 ; c that the operation is carried out in accordance with a management scheme under section 28J or a management notice under section 28K. 4 A consent under subsection (3)(a) may be given— a subject to conditions, and b for a limited period, as specified in the consent. 5 If Natural England do not consent, they shall give notice saying so to the person who gave the notice under subsection (1). 6 Natural England may, by notice given to every owner and occupier of any of the land included in the site of special scientific interest, or the part of it to which the consent relates— a withdraw the consent; or b modify it (or further modify it) in any way. 7 The following— a a consent under subsection (3)(a) granting consent subject to conditions or for a limited period, and b a notice under subsection (5) or (6), must include a notice of Natural England's reasons for imposing the conditions, for the limitation of the period, for refusing consent, or for withdrawing or modifying the consent, and also a notice of the matters set out in subsection (8). 8 The matters referred to in subsection (7) are— a the rights of appeal under section 28F; b the effect of subsection (9); and c in the case of a notice under subsection (6), the effect of section 28M. 9 A withdrawal or modification of a consent is not to take effect until— a the expiry of the period for appealing against it; or b if an appeal is brought, its withdrawal or final determination. 10 Natural England shall have power to enforce the provisions of this section. Appeals in connection with consents. 28F 1 The following persons— a an owner or occupier who has been refused a consent under section 28E(3)(a), b an owner or occupier who has been granted such a consent but who is aggrieved by conditions attached to it, or by the fact that it is for a limited period, or by the length of that period, c an owner or occupier who is aggrieved by the modification of a consent; d an owner or occupier who is aggrieved by the withdrawal of a consent, may by notice appeal to the Secretary of State against the relevant decision. 2 If Natural England neither give consent nor refuse it within the period of four months beginning with the date on which the notice referred to in section 28E(1)(a) was sent, the person who gave that notice may for the purposes of subsection (1) treat Natural England as having refused consent (and his appeal is to be determined on that basis). 3 Notice of an appeal must reach the Secretary of State— a except in a case falling within subsection (2), within the period of two months beginning with the date of the notice giving consent or the notice under section 28E(5) or (6), or b in a case falling within subsection (2), within the period of two months beginning immediately after the expiry of the four-month period referred to there, or, in either case, within such longer period as is agreed in writing between Natural England and the appellant. 4 Before determining an appeal, the Secretary of State may, if he thinks fit— a cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or b cause a local inquiry to be held, and he must act as mentioned in paragraph (a) or (b) if either party to the appeal asks to be heard in connection with the appeal. 5 On determining an appeal against a decision, the Secretary of State may— a affirm the decision, b where the decision was a refusal of consent, direct Natural England to give consent, c where the decision was as to the terms of a consent (whether the original or a modified one), quash all or any of those terms, d where the decision was a withdrawal or modification of consent, quash the decision, and where he exercises any of the powers in paragraphs (b), (c) or (d) he may give directions to Natural England as to the terms on which they are to give consent. 6 The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about— a notices of appeal and supporting documentation required, and b how appeals are to be brought and considered, and any such regulations may make different provision for different cases and circumstances. 7 A statutory instrument containing regulations under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament. 8 The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal. 9 Schedule 10A shall have effect with respect to appointments under subsection (8). 10 Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there— a to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and b to the Minister causing an inquiry to be held were to the Secretary of State. 11 Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section. 12 In relation to Wales this section has effect as if for subsections (10) and (11) there were substituted— 10 Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section. Statutory undertakers, etc.: general duty. 28G 1 An authority to which this section applies (referred to in this section and in sections 28H and 28I as “a section 28G authority”) shall have the duty set out in subsection (2) in exercising its functions so far as their exercise is likely to affect the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest. 2 The duty is to take reasonable steps, consistent with the proper exercise of the authority’s functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest. 3 The following are section 28G authorities— a a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or a Government department; b the National Assembly for Wales; c a local authority; d a person holding an office— i under the Crown, ii created or continued in existence by a public general Act of Parliament, or iii the remuneration in respect of which is paid out of money provided by Parliament; e a statutory undertaker . . . ; and f any other public body of any description. 4 “ Statutory undertaker ” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990. Statutory undertakers, etc.: duty in relation to carrying out operations. 28H 1 A section 28G authority shall give notice to Natural England before carrying out, in the exercise of its functions, operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest. 2 Subsection (1) applies even if the operations would not take place on land included in a site of special scientific interest. 3 In response to the notice referred to in subsection (1), Natural England may send a notice— a saying that they do not assent to the proposed operations, or b assenting to them (with or without conditions), but if they do not send a notice under paragraph (b) within the period of 28 days beginning with the date of the notice under subsection (1) they shall be treated as having declined to assent. 4 If Natural England do not assent, or if the authority proposes to carry out the operations otherwise than in accordance with the terms of the Council’s assent, the authority— a shall not carry out the operations unless the condition set out in subsection (5) is satisfied, and b shall comply with the requirements set out in subsection (6) when carrying them out. 5 The condition is that the authority has, after the expiry of the period of 28 days beginning with the date of the notice under subsection (1), notified the Council of— a the date on which it proposes to start the operations (which must be after the expiry of the period of 28 days beginning with the date of the notification under this paragraph), and b how (if at all) it has taken account of any written advice it received from Natural England , before the date of the notification under this paragraph, in response to the notice under subsection (1). 6 The requirements are— a that the authority carry out the operations in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological or physiographical features by reason of which the site is of special interest (taking account, in particular, of any such advice as is referred to in subsection (5)(b)); and b that the authority restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur. Statutory undertakers, etc.: duty in relation to authorising operations. 28I 1 This section applies where the permission of a section 28G authority is needed before operations may be carried out. 2 Before permitting the carrying out of operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, a section 28G authority shall give notice of the proposed operations to Natural England . 3 Subsection (2) applies even if the operations would not take place on land included in a site of special scientific interest. 4 The authority shall wait until the expiry of the period of 28 days beginning with the date of the notice under subsection (2) before deciding whether to give its permission, unless Natural England have notified the authority that it need not wait until then. 5 The authority shall take any advice received from Natural England into account— a in deciding whether or not to permit the proposed operations, and b if it does decide to do so, in deciding what (if any) conditions are to be attached to the permission. 6 If Natural England advise against permitting the operations, or advise that certain conditions should be attached, but the section 28G authority does not follow that advice, the authority— a shall give notice of the permission, and of its terms, to Natural England , the notice to include a statement of how (if at all) the authority has taken account of the Council’s advice, and b shall not grant a permission which would allow the operations to start before the end of the period of 21 days beginning with the date of that notice. 7 In this section “ permission ”, in relation to any operations, includes authorisation, consent, and any other type of permission (and “ permit ” and “ permitting ” are to be construed accordingly). Management schemes. 28J 1 Natural England may formulate a management scheme for all or part of a site of special scientific interest. 2 A management scheme is a scheme for— a conserving the flora, fauna, or geological or physiographical features by reason of which the land (or the part of it to which the scheme relates) is of special interest; or b restoring them; or c both. 3 Natural England shall serve notice of a proposed management scheme on every owner and occupier of any of the land (or the part of it to which the scheme would relate); but it may be served on them only after they have been consulted about the proposed management scheme. 4 The notice may be served with the notification referred to in section 28(1)(b) or afterwards. 5 The owners and occupiers upon whom the notice must be served (referred to in this section as “the relevant owners and occupiers”) are— a if it is served with the notification under section 28(1)(b), or later but before the notification referred to in section 28(5)(b), the owners and occupiers referred to in section 28(1)(b); b if it is served with the notification under section 28(5)(b) or later, the owners and occupiers of such of the land as remains subject to the notification. 6 The notice of a proposed management scheme must include a copy of the proposed scheme. 7 The notice must specify the time (not being less than three months from the date of the giving of the notice) within which, and the manner in which, representations or objections with respect to the proposed management scheme may be made; and Natural England shall consider any representation or objection duly made. 8 Where a notice under subsection (3) has been given, Natural England may within the period of nine months beginning with the date on which the notice was served on the last of the relevant owners and occupiers either— a give notice to the relevant owners and occupiers withdrawing the notice, or b give notice to them confirming the management scheme (with or without modifications), and if notice under paragraph (b) is given, the management scheme shall have effect from the time the notice is served on all of the relevant owners or occupiers. 9 A notice under subsection (3) shall cease to have effect— a on the giving of a notice of withdrawal under subsection (8)(a) to any of the relevant owners and occupiers; or b if not withdrawn or confirmed by notice under subsection (8) within the period of nine months referred to there, at the end of that period. 10 Natural England's power under subsection (8)(b) to confirm a management scheme with modifications shall not be exercised so as to make complying with it more onerous. 11 Natural England may at any time cancel or propose the modification of a management scheme. 12 In relation to— a the cancellation of a management scheme, subsections (3) to (5) apply, and b a proposal to modify a management scheme, subsections (3) to (10) apply, as they apply in relation to a proposal for a management scheme. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Management notices. 28K 1 Where it appears to Natural England that— a an owner or occupier of land is not giving effect to a provision of a management scheme, and b as a result any flora, fauna or geological or physiographical features by reason of which the land is of special interest are being inadequately conserved or restored, they may if they think fit serve a notice on him (a “management notice”). 2 They may not serve a management notice unless they are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land in accordance with the management scheme. 3 A management notice is a notice requiring the owner or occupier to— a carry out such work on the land, and b do such other things with respect to it, as are specified in the notice, and to do so before the dates or within the periods so specified. 4 The work and other things specified in the notice must appear to Natural England to be measures which it is reasonable to require in order to ensure that the land is managed in accordance with the management scheme. 5 The management notice must explain the effect of subsection (7) and (8) and of sections 28L and 28M(2) to (4). 6 A copy of the management notice must be served on every other owner and occupier of the land. 7 If any of the work or other things required by a management notice have not been done within the period or by the date specified in it, Natural England may— a enter the land, and any other land, and carry out the work, or do the other things; and b recover from the owner or occupier upon whom the notice was served any expenses reasonably incurred by them in carrying out the work or doing the other things. 8 If an appeal is brought against the management notice, and upon the final determination of the appeal the notice is affirmed (with or without modifications), subsection (7) applies as if the references there to the management notice were to the notice as affirmed. Appeals against management notices. 28L 1 A person who is served with a management notice may appeal against its requirements to the Secretary of State; and a management notice does not take effect until— a the expiry of the period for appealing against it; or b if an appeal is brought, its withdrawal or final determination. 2 An appeal may be on the ground that some other owner or occupier of the land should take all or any of the measures specified in the management notice, or should pay all or part of their cost. 3 Where the grounds of appeal are, or include, that mentioned in subsection (2), the appellant must serve a copy of his notice of appeal on each other person referred to. 4 Before determining an appeal, the Secretary of State may, if he thinks fit— a cause the appeal to take, or continue in, the form of a hearing (which may be held wholly or partly in private if the appellant so requests and the person hearing the appeal agrees), or b cause a local inquiry to be held, and he must act as mentioned in paragraph (a) or (b) if either party to the appeal (or, in a case falling within subsection (2), any of the other persons mentioned there) asks to be heard in connection with the appeal. 5 On determining the appeal, the Secretary of State may quash or affirm the management notice; and if he affirms it, he may do so either in its original form or with such modifications as he thinks fit. 6 In particular, on determining an appeal whose grounds are, or include, those mentioned in subsection (2), the Secretary of State may— a vary the management notice so as to impose its requirements (or some of them) upon any such other person as is referred to in the grounds; or b determine that a payment is to be made by any such other person to the appellant. 7 In exercising his powers under subsection (6), the Secretary of State must take into account, as between the appellant and any of the other people referred to in subsection (2)— a their relative interests in the land (considering both the nature of the interests and the rights and obligations arising under or by virtue of them); b their relative responsibility for the state of the land which gives rise to the requirements of the management notice; and c the relative degree of benefit to be derived from carrying out the requirements of the management notice. 8 The Secretary of State may by regulations made by statutory instrument make provision about appeals under this section, and in particular about— a the period within which and the manner in which appeals are to be brought, and b the manner in which they are to be considered, and any such regulations may make different provision for different cases or circumstances. 9 A statutory instrument containing regulations under subsection (8) shall be subject to annulment in pursuance of a resolution of either House of Parliament. 10 The Secretary of State may appoint any person to exercise on his behalf, with or without payment, his function of determining an appeal under this section or any matter involved in such an appeal. 11 Schedule 10A shall have effect with respect to appointments under subsection (10). 12 Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply in relation to hearings or local inquiries under this section as they apply in relation to local inquiries under that section, but as if the reference there— a to the person appointed to hold the inquiry were a reference to the Secretary of State or to the person appointed to conduct the hearing or hold the inquiry under this section; and b to the Minister causing an inquiry to be held were to the Secretary of State. 13 Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under this section as it applies in relation to a hearing or local inquiry referred to in that section. 14 In relation to Wales this section has effect as if for subsections (12) and (13) there were substituted— 12 Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section. Payments. 28M 1 Where Natural England , under section 28E(6), modify or withdraw a consent, they shall make a payment to any owner or occupier of the land who suffers loss because of the modification or withdrawal. 2 Natural England may, if they think fit, make one or more payments to any owner or occupier of land in relation to which a management scheme under section 28J is in force. 3 The amount of a payment under this section is to be determined by Natural England in accordance with guidance given and published by the Ministers. 4 Section 50(3) applies to the determination of the amount of payments under this section as it applies to the determination of the amount of payments under that section. Compulsory purchase. 28N 1 Natural England may in circumstances set out in subsection (2) acquire compulsorily all or any part of a site of special scientific interest. 2 The circumstances are— a that Natural England are satisfied that they are unable to conclude, on reasonable terms, an agreement with the owner or occupier as to the management of the land; or b that Natural England have entered into such an agreement, but they are satisfied that it has been breached in such a way that the land is not being managed satisfactorily. 3 A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) is to be determined by an arbitrator appointed by the Lord Chancellor. 4 Where Natural England have acquired land compulsorily under this section, they may— a manage it themselves; or b dispose of it, or of any interest in it, on terms designed to secure that the land is managed satisfactorily. 5 Section 103 of the 1949 Act (general provisions as to acquisition of land) applies for the purposes of this section as it applies for the purposes of that Act. Offences. 28P 1 A person who, without reasonable excuse, contravenes section 28E(1) is guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine . 2 A section 28G authority which, in the exercise of its functions, carries out an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest— a without first complying with section 28H(1), or b (if it has complied with section 28H(1)) without first complying with section 28H(4)(a), is, unless there was a reasonable excuse for carrying out the operation without complying, guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine . 3 A section 28G authority acting in the exercise of its functions which, having complied with section 28H(1), fails without reasonable excuse to comply with section 28H(4)(b) is guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine . 4 For the purposes of subsections (1), (2) and (3), it is a reasonable excuse in any event for a person to carry out an operation (or to fail to comply with a requirement to send a notice about it) if— a subject to subsection (5), the operation in question was authorised by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990 or permitted by a section 28G authority which has acted in accordance with section 28I; or b the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to Natural England as soon as practicable after the commencement of the operation. 5 If an operation needs both a planning permission and the permission of a section 28G authority, subsection (4)(a) does not provide reasonable excuse unless both have been obtained. 5A A section 28G authority which, in the exercise of its functions, permits the carrying out of an operation which damages any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest— a without first complying with section 28I(2), or b where relevant, without first complying with section 28I(4) or (6), is, unless there was a reasonable excuse for permitting the carrying out of the operation without complying, guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine . 5B For the purposes of subsection (5A), it is a reasonable excuse in any event for a section 28G authority to permit the carrying out of an operation without first complying with section 28I(2), (4) or (6) if the operation in question was an emergency operation particulars of which (including details of the emergency) were notified to Natural England as soon as practicable after the permission was given. 6 A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse— a intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which land is of special interest, or intentionally or recklessly disturbs any of those fauna, and b knew that what he destroyed, damaged or disturbed was within a site of special scientific interest, is guilty of an offence and is liable on summary conviction, or on conviction on indictment, to a fine . 6A A person (other than a section 28G authority acting in the exercise of its functions) who without reasonable excuse— a intentionally or recklessly destroys or damages any of the flora, fauna, or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or b intentionally or recklessly disturbs any of those fauna, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 7 It is a reasonable excuse in any event for a person to do what is mentioned in subsection (6) or (6A) if— a paragraph (a) or (b) of subsection (4) is satisfied in relation to what was done (reading references there to an operation as references to the destruction, damage or disturbance referred to in subsection (6) or (6A) ), and b where appropriate, subsection (5) is also satisfied, reading the reference there to an operation in the same way. 8 A person who without reasonable excuse fails to comply with a requirement of a management notice is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine. 9 In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence. 10 Proceedings in England and Wales for an offence under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than Natural England . 11 In this section, “ a section 28G authority ” means an authority to which section 28G applies. Change of owner or occupier. 28Q 1 This section applies where the owner of land included in a site of special scientific interest— a disposes of any interest of his in the land; or b becomes aware that it is occupied by an additional or a different occupier. 2 If this section applies, the owner shall send a notice to Natural England before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation. 3 The notice is to specify the land concerned and— a in a subsection (1)(a) case, the date on which the owner disposed of the interest in the land, and the name and address of the person to whom he disposed of the interest; or b in a subsection (1)(b) case, the date on which the change of occupation took place (or, if the owner does not know the exact date, an indication of when to the best of the owner’s knowledge it took place), and, as far as the owner knows them, the name and address of the additional or different occupier. 4 A person who fails without reasonable excuse to comply with the requirements of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale. 5 For the purposes of subsection (1), an owner “ disposes of ” an interest in land if he disposes of it by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage. Byelaws. 28R 1 Natural England may make byelaws for the protection of a site of special scientific interest. 2 The following provisions of the 1949 Act apply in relation to byelaws under this section as they apply in relation to byelaws under section 20 of that Act— a subsections (2) and (3) of section 20 (reading references there to nature reserves as references to sites of special scientific interest); and b sections 106 and 107. Notices and signs relating to SSSIs 28S 1 Natural England may, on any land included in a site of special scientific interest, put up and maintain notices or signs relating to the site. 2 Natural England may remove any notice or sign put up under subsection (1). 3 Any other person who intentionally or recklessly and without reasonable excuse takes down, damages, destroys or obscures a notice or sign put up under subsection (1) is guilty of an offence. 4 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. Special protection for certain areas of special scientific interest. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation where order is made under s. 29. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restoration following offence under section 28P. 31 1 Where— a the operation in respect of which a person is convicted of an offence under section 28P(1), (2) or (3) has destroyed or damaged any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest, or b a person is convicted of an offence under section 28P(6) or (6A) , the court by which he is convicted, in addition to dealing with him in any other way, may make an order requiring him to carry out, within such period as may be specified in the order, such operations (whether on land included in the site of special scientific interest or not) as may be so specified for the purpose of restoring the site of special scientific interest to its former condition. 2 An order under this section made on conviction on indictment shall be treated for the purposes of sections 30 and 42(1) and (2) of the Criminal Appeal Act 1968 (effect of appeals on orders for the restitution of property) as an order for the restitution of property; and where by reason of the quashing by the Court of Appeal of a person’s conviction any such order does not take effect, and on appeal to the Supreme Court the conviction is restored by the Supreme Court , the Supreme Court may make any order under this section which could be made on his conviction by the court which convicted him. 3 In the case of an order under this section made by a magistrates’ court the period specified in the order shall not begin to run— a in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates’ court; b where notice of appeal is given within the period so prescribed, until determination of the appeal. 4 At any time before an order under this section has been complied with or fully complied with, the court by which it was made may, on the application of the person against whom it was made, discharge or vary the order if it appears to the court that a change in circumstances has made compliance or full compliance with the order impracticable or unnecessary. 5 If, within the period specified in an order under this section, the person against whom it was made fails, without reasonable excuse, to comply with it, he shall be liable on summary conviction— a to a fine not exceeding level 5 on the standard scale ; and b in the case of a continuing offence, to a further fine not exceeding £100 for each day during which the offence continues after conviction. 6 If, within the period specified in an order under this section, any operations specified in the order have not been carried out, Natural England may enter the land and carry out those operations and recover from the person against whom the order was made any expenses reasonably incurred by them in doing so. 7 In the application of this section to Scotland— a subsections (2) and (3) shall not apply; and b for the purposes of any appeal or review, an order under this section is a sentence. Duties of agriculture Ministers with respect to areas of special scientific interest. 32 1 Where an application for a farm capital grant is made as respects expenditure incurred or to be incurred for the purpose of activities on land included in a site of special scientific interest . . ., the appropriate Minister— a shall, so far as may be consistent with the purposes of the grant provisions , so exercise his functions thereunder as to further the conservation of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; and b where Natural England have objected to the making of the grant on the ground that the activities in question have destroyed or damaged or will destroy or damage that flora or fauna or those features, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State. 2 Where, in consequence of an objection by Natural England , an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (1)(b), Natural England shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act— a imposing restrictions as respects those activities; and b providing for the making by them of payments to the applicant. 2A Subsection (2) has effect in relation to Wales as if the reference to an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act were a reference to an agreement under section 16 of the Environment (Wales) Act 2016. 3 In this section— “ the appropriate Minister ” means the Minister responsible for determining the application; “ farm capital grant ” means— a a grant under a scheme made under section 29 of the Agriculture Act 1970; or b a grant under regulations made under section 2(2) of the European Communities Act 1972 to a person carrying on an agricultural business within the meaning of those regulations in respect of expenditure incurred or to be incurred for the purposes of or in connection with that business, being expenditure of a capital nature or incurred in connection with expenditure of a capital nature; “ grant provisions ” means— i in the case of such a grant as is mentioned in paragraph ( a ) above, the scheme under which the grant is made and section 29 of the Agriculture Act 1970; and ii in the case of such a grant as is mentioned in paragraph ( b ) above, the regulations under which the grant is made and the EU instrument in pursuance of which the regulations were made. Ministerial guidance as respects areas of special scientific interest. 33 1 The Ministers shall from time to time, after consultation with Natural England and such persons appearing to them to represent other interests concerned as they consider appropriate— a prepare codes containing such recommendations, advice and information as they consider proper for the guidance of— i persons exercising functions under sections 28 to 32; and ii persons affected or likely to be affected by the exercise of any of those functions; and b revise any such code by revoking, varying, amending or adding to the provisions of the code in such manner as the Ministers think fit. 2 A code prepared in pursuance of subsection (1) and any alterations proposed to be made on a revision of such a code shall be laid before both Houses of Parliament forthwith after being prepared; and the code or revised code, as the case may be, shall not be issued until the code or the proposed alterations have been approved by both Houses. 3 Subject to subsection (2), the Ministers shall cause every code prepared or revised in pursuance of subsection (1) to be printed, and may cause copies of it to be put on sale to the public at such price as the Ministers may determine. Limestone pavement orders. 34 1 Natural England must notify any local planning authority of any limestone pavement in that authority's area. 2 Where it appears to the Secretary of State or the relevant authority that the character or appearance of any land notified under subsection (1) would be likely to be adversely affected by the removal of the limestone or by its disturbance in any way whatever, the Secretary of State or that authority may make an order (in this section referred to as a “limestone pavement order”) designating the land and prohibiting the removal or disturbance of limestone on or in it; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of limestone pavement orders. 3 The relevant authority may, after consultation with Natural England , amend or revoke a limestone pavement order made by the authority; and the Secretary of State may, after such consultation as aforesaid, amend or revoke any such order made by him or that authority but, in the case of an order made by that authority, only after consultation with that authority. 4 If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable on summary conviction, or on conviction on indictment, to a fine . 5 It is a reasonable excuse in any event for a person to remove or disturb limestone or cause or permit its removal or disturbance, if the removal or disturbance was authorised by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990 . . . . 6 In this section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ limestone pavement ” means an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion; “ the relevant authority ” means— in relation to a non-metropolitan county in England , the county planning authority and, in relation to any other area in England, the local planning authority; in relation to any area in Wales, the local planning authority; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nature reserves, ... and Ramsar sites Meaning of “appropriate conservation body” 34A In the following provisions of this Part “ the appropriate conservation body ” means— a in relation to England, Natural England; b in relation to Wales, the Natural Resources Body for Wales ; c in relation to Scotland, Scottish Natural Heritage. National nature reserves. 35 1 Where the appropriate conservation body are satisfied that any land which— a is being managed as a nature reserve under an agreement entered into with the appropriate conservation body ; b is held by the appropriate conservation body and is being managed by them as a nature reserve; or c is held by an approved body and is being managed by that body as a nature reserve, is of national importance, they may declare that land to be a national nature reserve. 1A The land which may be declared to be a national nature reserve in England or Wales includes— a any land lying above mean low water mark; b any land covered by estuarial waters. 1B Where the area of land to which a declaration under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if— a area B adjoins area A, and b any of the conditions in subsection (1C) is satisfied. 1C The conditions are— a that the flora, fauna or features leading to the management of area A as a nature reserve is or are also present in area B; b that the management of area A as a nature reserve is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B; c that, without the inclusion of area B, the identification of the boundary of the land declared to be a national nature reserve (either in the declaration or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable. 1D The ministerial authority may issue guidance to the appropriate conservation body about the exercise of the power conferred by subsection (1B) to make a declaration in relation to land lying below mean low water mark. “ The ministerial authority ” has the meaning given by section 35A(12). 2 A declaration by the appropriate conservation body that any land is a national nature reserve shall be conclusive of the matters declared; and subsections (4) and (5) of section 19 of the 1949 Act shall apply in relation to any such declaration as they apply in relation to a declaration under that section. 3 On the application of the approved body concerned, the appropriate conservation body , as respects any land which is declared to be a national nature reserve under subsection (1)(c), make byelaws for the protection of the reserve. 4 Subsections (2) and (3) of section 20 and section 106 of the 1949 Act shall apply in relation to byelaws under this section as they apply in relation to byelaws under the said section 20. 5 In this section— “ approved body ” means a body approved by the appropriate conservation body for the purposes of this section; “ nature reserve ” has the same meaning as in Part III of the 1949 Act. Power to call in subtidal declarations 35A 1 This section applies where— a the appropriate conservation body propose to declare land to be a national nature reserve under section 35(1), and b the land to which the proposed declaration relates includes, by virtue of section 35(1B), land lying below mean low water mark (“the subtidal land”). 2 The appropriate conservation body may not declare the reserve unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority. 3 At any time before the reserve is declared the ministerial authority may give notice to the appropriate conservation body that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land. 4 If the ministerial authority gives notice under subsection (3), the appropriate conservation body may not declare the reserve until the ministerial authority has given a direction under subsection (5). 5 The ministerial authority may direct— a that the reserve (if declared) must include all of the subtidal land; b that the reserve (if declared) must not include any of the subtidal land; c that the reserve (if declared) must, or must not, include such part of that land as is specified in the direction; d that the decision whether the reserve (if declared) should include the subtidal land is to be taken by the appropriate conservation body. 6 The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of— a appearing before and being heard by a person appointed by the ministerial authority for that purpose; b providing written representations to such a person. 7 A person appointed under subsection (6) must make a report to the ministerial authority of any oral or written representations made under that subsection. 8 The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (6). 9 The power to make regulations under subsection (8) is exercisable by statutory instrument. 10 A statutory instrument containing regulations made under subsection (8) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament. 11 A statutory instrument containing regulations made under subsection (8) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales. 12 In this section “ the ministerial authority ” means— a in relation to England, the Secretary of State; b in relation to Wales, the Welsh Ministers. Marine nature reserves. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Byelaws for protection of marine nature reserves. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ramsar sites. 37A 1 Where a wetland in Great Britain has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article, the Secretary of State shall— a notify Natural England if all or part of the wetland is in England; b notify the Natural Resources Body for Wales if it is in Wales; or c notify both of them if it is partly in England and partly in Wales. 2 Subject to subsection (3), upon receipt of a notification under subsection (1), each body notified shall, in turn, notify— a the local planning authority in whose area the wetland is situated; b every owner and occupier of any of that wetland; and c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d every relevant undertaker (within the meaning of section 4(1) of the Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the Land Drainage Act 1991) whose works, operations or activities may affect the wetland. 2A Subject to subsection (3), upon receipt of a notification under subsection (1), Natural England shall, in turn, notify the Environment Agency. 2B Subject to subsection (3), upon receipt of a notification under subsection (1) relating to a wetland all or part of which is in the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 , the Natural Resources Body for Wales shall, in turn, notify that corporate joint committee . 3 Natural England and the Natural Resources Body for Wales may agree that in a case where the Secretary of State notifies both of them under subsection (1)(c), any notice under subsection (2) is to be sent by one or the other of them (and not both), so as to avoid duplicate notices under that subsection. 4 Subject to subsection (5), the “Ramsar Convention” is the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by— a the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and b the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987. 5 If the Ramsar Convention is further amended after the passing of the Countryside and Rights of Way Act 2000, the reference to the Ramsar Convention in subsection (1) is to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Countryside Management agreements with owners and occupiers of land. 39 1 A relevant authority may, for the purpose of conserving or enhancing the natural beauty or amenity of any land which is . . . within their area or promoting its enjoyment by the public, make an agreement (in this section referred to as a “management agreement”) with any person having an interest in the land with respect to the management of the land during a specified term or without limitation of the duration of the agreement. 2 Without prejudice to the generality of subsection (1), a management agreement— a may impose on the person having an interest in the land restrictions as respects the method of cultivating the land, its use for agricultural purposes or the exercise of rights over the land and may impose obligations on that person to carry out works or agricultural or forestry operations or do other things on the land; b may confer on the relevant authority power to carry out works for the purpose of performing their functions under the 1949 Act and the 1968 Act; and c may contain such incidental and consequential provisions (including provisions for the making of payments by either party to the other) as appear to the relevant authority to be necessary or expedient for the purposes of the agreement. 3 The provisions of a management agreement with any person interested in the land shall, unless the agreement otherwise provides, be binding on persons deriving title under or from that person and be enforceable by the relevant authority against those persons accordingly. 4 Schedule 2 to the Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants) shall apply to management agreements as it applies to forestry dedication covenants. 5 In this section “ the relevant authority ” means— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aa as respects land within the Broads, the Broads Authority; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c as respects any other land, the local planning authority. d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f as respects land in any area of outstanding natural beauty designated under section 82 of the Countryside and Rights of Way Act 2000 for which a conservation board has been established under section 86 of that Act, that board. 6 The powers conferred by this section on a relevant authority shall be in addition to and not in derogation of any powers conferred on such an authority by or under any enactment. Experimental schemes. 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties of agriculture Ministers with respect to the countryside. 41 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In the exercise of his general duty under section 4(2) of the Small Landholders (Scotland) Act 1911 of promoting the interests of agriculture and other rural industries, and without prejudice to the generality of that duty, the Secretary of State shall make provision, through such organisation as he considers appropriate, for the giving of a advice to persons carrying on agricultural businesses on the conservation and enhancement of the natural beauty and amenity of the countryside; b advice to such persons on diversification into other enterprises of benefit to the rural economy; and c advice to government departments and other bodies exercising statutory functions on the promotion and furtherance of such diversification as is mentioned in paragraph ( b ). 3 Where an application for a farm capital grant is made as respects expenditure incurred or to be incurred for the purposes of activities on land which is in a National Park (including a National Park in Scotland) or an area specified for the purposes of this subsection by the Ministers, the appropriate Minister— a shall, so far as may be consistent with the purposes of the the grant provisions , so exercise his functions thereunder as to further the conservation and enhancement of the natural beauty and amenity of the countryside and to promote its enjoyment by the public; and b where the relevant authority have objected to the making of the grant on the ground that the activities in question have had or will have an adverse effect on the natural beauty or amenity of the countryside or its enjoyment by the public, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Where, in consequence of an objection by the relevant authority, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (3)(b), the relevant authority shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, a management agreement— a imposing restrictions as respects those activities; and b providing for the making by them of payments to the applicant. 5 In this section— “ agricultural business ” has the same meaning as in section 29 of the Agriculture Act 1970; “ the appropriate Minister ”, “ farm capital grant ” and “ grant provisions ” have the same meanings as in section 32; “ management agreement ” means— in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and in relation to Wales, an agreement under section 39 or under section 16 of the Environment (Wales) Act 2016 ; “ the relevant authority ” has the same meaning as in section 39 except that in relation to England it also includes Natural England and in relation to Wales it also includes the Natural Resources Body for Wales . 5A For the purposes of this section the Broads shall be treated as a National Park (and, as respects land within the Broads, any reference in this section to the relevant authority is accordingly a reference to the Broads Authority). . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . National Parks Application of sections 42 to 45 in Wales 41A In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to the Natural Resources Body for Wales . Notification of agricultural operations on moor and heath in National Parks. 42 1 A National Park authority may, if satisfied that it is expedient to do so, by order apply subsection (2) to any land which is comprised in the relevant Park and which appears to them to consist of or include moor or heath. 2 Subject to subsection (3), no person shall— a by ploughing or otherwise convert into agricultural land any land to which this subsection applies and which is moor or heath which has not been agricultural land at any time within the preceding 20 years; or b carry out on any such land any other agricultural operation or any forestry operation which (in either case) appears to the National Park authority to be likely to affect its character or appearance and is specified in the order applying this subsection to that land. 3 Subsection (2) shall not apply in relation to any operation carried out, or caused or permitted to be carried out, by the owner or occupier of the land if— a one of them has, after the coming into force of the order, given the National Park authority written notice of a proposal to carry out the operation, specifying its nature and the land on which it is proposed to carry it out; and b one of the conditions specified in subsection (4) is satisfied. 4 The said conditions are— a that the National Park authority have given their consent to the carrying out of the operation; b where that authority have neither given nor refused their consent, that three months have expired from the giving of the notice; and c where that authority have refused their consent, that twelve months have expired from the giving of the notice. 5 A person who, without reasonable excuse, contravenes subsection (2) shall be liable— a on summary conviction, to a fine not exceeding the statutory maximum; b on conviction on indictment, to a fine. 6 Where the National Park authority are given notice under this section in respect of any land, the authority shall forthwith send copies of the notice to Natural England . 7 In considering for the purposes of this section whether land has been agricultural land within the preceding 20 years, no account shall be taken of any conversion of the land into agricultural land which was unlawful under the provisions of this section or section 14 of the 1968 Act. 8 An order under this section shall be made by statutory instrument and the Statutory Instruments Act 1946 shall apply to such an instrument as if the order had been made by a Minister of the Crown. 9 The said section 14 (which is superseded by this section) shall cease to have effect; but this section shall have effect as if any order under that section in force immediately before the coming into force of this section had been made under this section. Maps of National Parks showing certain areas of moor or heath. 43 1 Every local planning authority whose area comprises the whole or any part of a National Park shall— a before the expiration of the period of two years beginning with the relevant date , prepare a map of the Park or the part thereof showing any areas to which this section applies whose natural beauty it is, in the opinion of the authority, particularly important to conserve; and b at intervals of not more than five years review the particulars contained in the map and make such revisions thereof (if any) as may be requisite. 1A In considering under subsection (1) whether any area to which this section applies is one whose natural beauty it is particularly important to conserve, a local planning authority shall act in accordance with the guidelines from time to time issued . . . under subsection (1B). 1B Natural England shall issue guidelines for the guidance of county planning authorities in considering as mentioned in subsection (1A), and Natural England may from time to time revise any guidelines so issued. 1C Before issuing or revising any guidelines under subsection (1B) Natural England shall consult such bodies as appear to them to represent interests concerned; and before preparing or revising any map under subsection (1) a local planning authority shall consult such bodies as appear to the authority to represent interests concerned with matters affecting the Park or part of the Park in question. 2 The authority shall cause a map prepared or revised in pursuance of subsection (1) to be printed, and shall cause copies thereof to be put on sale to the public at such price as the authority may determine. 3 This section applies to any area of mountain, moor, heath, woodland, down, cliff or foreshore (including any bank, barrier, dune, beach, flat or other land adjacent to the foreshore); and in this section “ the relevant date ” means the date of issue of the first guidelines under subsection (1B). Grants and loans for purposes of National Parks. 44 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A . . .the National Park authority for such a Park may give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the authority, is conducive to the attainment in the Park in question of any of the purposes mentioned in section 5(1) of the 1949 Act (purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public). 2 On making a grant or loan under this section the authority in question may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances. 3 The authority in question shall so exercise their powers under subsection (2) as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted, whether on payment or otherwise, shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, insofar as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled. 4 For the purposes of this section the Broads Authority shall be treated as a National Park authority and the Broads as a National Park for which it is the local planning authority. Power to vary order designating National Park. 45 1 Natural England (as well as the Secretary of State) shall have power to make an order amending an order made under section 5 of the 1949 Act designating a National Park . . . , and— a section 7(5) and (6) of that Act (consultation and publicity in connection with orders under section 5 or 7) shall apply to an order under this section as they apply to an order under section 7(4) of that Act with the substitution for the reference in section 7(5) to the Secretary of State of a reference to Natural England ; and b Schedule 1 to that Act (procedure in connection with the making and confirmation of orders under section 5 or 7) shall apply to an order under this section as it applies to an order designating a National Park. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Miscellaneous and supplemental Grants to the Countryside Council for Wales 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Extension of power to appoint wardens. 49 1 This section applies to any land in a National Park or in the countryside if— a the public are allowed access to the land; and b there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority, the Natural Resources Body for Wales or Natural England to appoint wardens as respects that land. 2 Subject to subsections (3) and (4) the power conferred on a local authority by section 92(1) of the 1949 Act (appointment of wardens) shall include a power, exercisable only with the agreement of the owner and of the occupier of any land to which this section applies, to appoint persons to act as wardens as respects that land. 3 The only purpose for which wardens may be appointed by virtue of subsection (2) is to advise and assist the public. 4 Notwithstanding the provisions of section 41(8) of the 1968 Act ( Natural England or the Natural Resources Body for Wales to be local authority for purposes of section 92 of the 1949 Act), nothing in this section shall be construed as conferring on Natural England or the Natural Resources Body for Wales any additional power to appoint wardens. Payments under certain agreements offered by authorities. 50 1 This section applies where— a Natural England or the Natural Resources Body for Wales offer to enter into a nature reserve agreement or an SSSI agreement ... providing for the making by them of payments to any person; or b the relevant authority offer to enter into a management agreement providing for the making by them of payments to a person whose application for a farm capital grant has been refused in consequence of an objection by the authority. 2 Subject to subsection (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given by the Ministers. 3 If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator . . . to be appointed, in default of agreement, by the Secretary of State; and where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall— a amend the offer so as to give effect to the arbitrator’s . . . determination; or b except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror, withdraw the offer. 4 In this section— “ farm capital grant ” has the same meaning as in section 32; “ management agreement ” and “ the relevant authority ” have the same meanings as in section 41. “ nature reserve agreement ” has the same meaning as in Part 3 of the 1949 Act; “ SSSI agreement ” has the same meaning as in section 15A of the 1968 Act. Powers of entry. 51 1 Any person authorised in writing by the relevant authority may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes— a to determine whether the land should be notified under section 28(1); b to assess the condition of the flora, fauna, or geological or physiographical features by reason of which land which has been notified under section 28(1) is of special interest; c to determine whether or not to offer to enter into a nature reserve agreement or an SSSI agreement ... in relation to the land; d to ascertain whether a condition to which a consent referred to in section 28E(3)(a) was subject has been complied with in relation to the land; e to ascertain whether an offence under section 28P or under byelaws made by virtue of section 28R is being, or has been, committed on or in relation to the land; f to formulate a management scheme for the land or determine whether a management scheme (or a proposed management scheme) for the land should be modified; g to prepare a management notice for the land; h to ascertain whether the terms of a nature reserve agreement or an SSSI agreement ... in relation to the land, or the terms of a management scheme or the requirements of a management notice in relation to the land, have been complied with; i to determine whether or not to offer to make a payment under section 28M in relation to the land; j to determine any question in relation to the acquisition of the land by agreement or compulsorily; k to determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act; ka for the purposes of putting up, maintaining or removing notices or signs under section 28S; l to ascertain whether an order should be made in relation to the land under section 34 or if an offence under that section is being, or has been, committed on the land; m to ascertain whether an order should be made in relation to the land under section 42 or if an offence under that section is being, or has been, committed on the land; but nothing in this subsection shall authorise any person to enter a dwelling. 1A The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1). 1B More than one person may be authorised for the time being under subsection (1) to enter any land. 2 In subsection (1) “ the relevant authority ” means— a for the purposes of paragraphs (a) to (ka) of that subsection, Natural England or the Natural Resources Body for Wales ; b for the purposes of paragraph (l) of that subsection, the Secretary of State or the relevant authority within the meaning of section 34; c for the purposes of paragraph (m) of that subsection, . . . the National Park authority . 2A In subsection (1)— “ nature reserve agreement ” has the same meaning as in Part 3 of the 1949 Act; “ SSSI agreement ” has the same meaning as in section 15A of the 1968 Act. 3 A person shall not demand admission as of right to any land which is occupied unless either— a 24 hours notice of the intended entry has been given to the occupier; or b the purpose of the entry is to ascertain if an offence under section 28P, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land. 3A A person acting in the exercise of a power conferred by subsection (1) may— a use a vehicle or a boat to enter the land; b take a constable with him if he reasonably believes he is likely to be obstructed; c take with him equipment and materials needed for the purpose for which he is exercising the power of entry; d take samples of the land and of anything on it. 3B If in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it. 4 Any person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale . 5 It is the duty of a relevant authority to compensate any person who has sustained damage as a result of— a the exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, or b the failure of a person so authorised to perform the duty imposed on him by subsection (3B), except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person’s entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State. Summary prosecutions 51A 1 Proceedings in England and Wales for a summary offence under this Part may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge. 2 But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed. 3 For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact. 4 A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved. Interpretation of Part II. 52 1 In this Part, unless the context otherwise requires,— “ agricultural land ” does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land; “ estuarial waters ” has the meaning given by section 28(9A); “the Ministers”, in the application of this Part to England, means the Secretary of State and the Minister of Agriculture, Fisheries and Food, and, in the application of this Part to Scotland or Wales, means the Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ notice ” and “ notification ” mean notice or notification in writing; “ site of special scientific interest ” means an area of land which has been notified under section 28(1)(b); 2 In the application of this Part to England (except as respects a National Park for which a National Park authority is the local planning authority, a metropolitan county or Greater London) . . . references to a local planning authority shall be construed— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . as references to a county planning authority and a district planning authority; and in the application of this Part to Scotland references to a local planning authority shall be construed as references to a regional planning authority, a general planning authority and a district planning authority and, in sections 28 to 28D, shall also be construed in accordance with section 28(10); . 2A Where a notification under section 28(1)(b) has been— a modified under section 28(5)(b), b varied under section 28A(3), or c varied with modifications under section 28A(5)(b), d extended under section 28B(2), or e extended with modifications by virtue of section 28B(7), a reference to such a notification (however expressed) is (unless the context otherwise requires) a reference to the notification as thus altered. 2B References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28C(9). 2C For the purposes of this Part, in relation to land in England and Wales which is common land subject to rights of common (within the meaning of the Commons Act 2006) , “ occupier ” includes the commoners or any of them; and a “ common land ” means common land as defined in section 22 of the Commons Registration Act 1965; and b “ commoner ” means a person with rights of common as defined in that section. the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land 3 References in this Part to the conservation of the natural beauty of any land shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features. 4 Section 114 of the 1949 Act shall apply for the construction of this Part. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III Public Rights of Way Ascertainment of public rights of way Duty to keep definitive map and statement under continuous review. 53 1 In this Part “ definitive map and statement ”, in relation to any area, means, subject to section 57(3) and 57A(1) ,— a the latest revised map and statement prepared in definitive form for that area under section 33 of the 1949 Act; or b where no such map and statement have been so prepared, the original definitive map and statement prepared for that area under section 32 of that Act; or c where no such map and statement have been so prepared, the map and statement prepared for that area under section 55(3). 2 As regards every definitive map and statement, the surveying authority shall— a as soon as reasonably practicable after the commencement date, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence, before that date, of any of the events specified in subsection (3); and b as from that date, keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence, on or after that date, of any of those events, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of that event. 3 The events referred to in subsection (2) are as follows— a the coming into operation of any enactment or instrument, or any other event, whereby— i a highway shown or required to be shown in the map and statement has been authorised to be stopped up, diverted, widened or extended; ii a highway shown or required to be shown in the map and statement as a highway of a particular description has ceased to be a highway of that description; or iii a new right of way has been created over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path or a restricted byway ; b the expiration, in relation to any way in the area to which the map relates, of any period such that the enjoyment by the public of the way during that period raises a presumption that the way has been dedicated as a public path or restricted byway ; c the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows— i that a right of way which is not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path , a restricted byway or, subject to section 54A, a byway open to all traffic ; ii that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description; or iii that there is no public right of way over land shown in the map and statement as a highway of any description, or any other particulars contained in the map and statement require modification. 4 The modifications which may be made by an order under subsection (2) shall include the addition to the statement of particulars as to— a the position and width of any public path , restricted byway or byway open to all traffic which is or is to be shown on the map; and b any limitations or conditions affecting the public right of way thereover. 4A Subsection (4B) applies to evidence which, when considered with all other relevant evidence available to the surveying authority, shows as respects a way shown in a definitive map and statement as a restricted byway that the public have, and had immediately before the commencement of section 47 of the Countryside and Rights of Way Act 2000, a right of way for vehicular and all other kinds of traffic over that way. 4B For the purposes of subsection (3)(c)(ii), such evidence is evidence which, when so considered, shows that the way concerned ought, subject to section 54A, to be shown in the definitive map and statement as a byway open to all traffic. 5 Any person may apply to the authority for an order under subsection (2) which makes such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (b) or (c) of subsection (3); and the provisions of Schedule 14 shall have effect as to the making and determination of applications under this subsection. 5A Evidence to which subsection (4B) applies on the commencement of section 47 of the Countryside and Rights of Way Act 2000 shall for the purposes of subsection (5) and any application made under it be treated as not having been discovered by the surveying authority before the commencement of that section. 6 Orders under subsection (2) which make only such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (a) of subsection (3) shall take effect on their being made; and the provisions of Schedule 15 shall have effect as to the making, validity and date of coming into operation of other orders under subsection (2). Power to include modifications in other orders. 53A 1 This section applies to any order— a which is of a description prescribed by regulations made by the Secretary of State, b whose coming into operation would, as regards any definitive map and statement, be an event within section 53(3)(a), c which is made by the surveying authority, and d which does not affect land outside the authority’s area. 2 The authority may include in the order such provision as it would be required to make under section 53(2)(b) in consequence of the coming into operation of the other provisions of the order. 3 An authority which has included any provision in an order by virtue of subsection (2)— a may at any time before the order comes into operation, and b shall, if the order becomes subject to special parliamentary procedure, withdraw the order and substitute for it an order otherwise identical but omitting any provision so included. 4 Anything done for the purposes of any enactment in relation to an order withdrawn under subsection (3) shall be treated for those purposes as done in relation to the substituted order. 5 No requirement for the confirmation of an order applies to provisions included in the order by virtue of subsection (2), but any power to modify an order includes power to make consequential modifications to any provision so included. 6 Provisions included in an order by virtue of subsection (2) shall take effect on the date specified under section 56(3A) as the relevant date. 7 Where any enactment provides for questioning the validity of an order on any grounds, the validity of any provision included by virtue of subsection (2) may be questioned in the same way on the grounds— a that it is not within the powers of this Part, or b that any requirement of this Part or of regulations made under it has not been complied with. 8 Subject to subsections (5) to (7), the Secretary of State may by regulations provide that any procedural requirement as to the making or coming into operation of an order to which this section applies shall not apply, or shall apply with modifications prescribed by the regulations, to so much of the order as contains provision included by virtue of subsection (2). 9 Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Register of applications under section 53. 53B 1 Every surveying authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 53(5). 2 The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with. 3 Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications under section 53(5) as may be prescribed. 4 Regulations may make provision— a for a specified part of the register to contain copies of applications and of the maps submitted with them, and b for the entry relating to any application, and everything relating to it, to be removed from any part of the register when— i the application (including any appeal to the Secretary of State) has been finally disposed of, and ii if an order is made, a decision has been made to confirm or not to confirm the order, (without prejudice to the inclusion of any different entry relating to it in another part of the register). 5 Every register kept under this section shall be available for inspection free of charge at all reasonable hours. 6 In this section— “ prescribed ” means prescribed by regulations; “ regulations ” means regulations made by the Secretary of State by statutory instrument; and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. Duty to reclassify roads used as public paths. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BOATs not to be added to definitive maps. 54A 1 No order under this Part shall, after the cut-off date, modify a definitive map and statement so as to show as a byway open to all traffic any way not shown in the map and statement as a highway of any description. 2 In this section “ the cut-off date ” means, subject to regulations under subsection (3), 1st January 2026. 3 The Secretary of State may make regulations— a substituting as the cut-off date a date later than the date specified in subsection (2) or for the time being substituted under this paragraph; b containing such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the operation of subsection (1), including in particular its operation in relation to— i an order under section 53(2) for which on the cut-off date an application is pending, ii an order under this Part which on that date has been made but not confirmed, iii an order under section 55 made after that date, or iv an order under this Part relating to any way as respects which such an order, or any provision of such an order, has after that date been to any extent quashed. 4 Regulations under subsection (3)(a)— a may specify different dates for different areas; but b may not specify a date later than 1st January 2031, except as respects an area within subsection (5). 5 An area is within this subsection if it is in— a the Isles of Scilly, or b an area which, at any time before the repeal by section 73 of this Act of sections 27 to 34 of the 1949 Act— i was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or ii would have been so excluded but for a resolution having effect under section 35(2) of that Act. 6 Where by virtue of regulations under subsection (3) there are different cut-off dates for areas into which different parts of any way extend, the cut-off date in relation to that way is the later or latest of those dates. 7 Where it appears to the Secretary of State that any provision of this Part can by virtue of subsection (1) have no further application he may by order make such amendments or repeals in this Part as appear to him to be, in consequence, necessary or expedient. 8 An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. No further surveys or reviews under the 1949 Act. 55 1 No survey under sections 27 to 32 of the 1949 Act, or review under section 33 of that Act, shall be begun after the commencement date; and where on that date a surveying authority have not completed such a survey or review begun earlier, the Secretary of State may, after consultation with the authority, direct the authority— a to complete the survey or review; or b to abandon the survey or review to such extent as may be specified in the direction. 2 Where such a survey or review so begun is abandoned, the Secretary of State shall give such notice of the abandonment as appears to him requisite. 3 Where, in relation to any area, no such survey has been so begun or such a survey so begun is abandoned, the surveying authority shall prepare for that area a map and statement such that, when they have been modified in accordance with the provisions of this Part, they will serve as the definitive map and statement for that area. 4 Where such a survey so begun is abandoned after a draft map and statement have been prepared and the period for making representations or objections has expired, the authority shall by order modify the map and statement prepared under subsection (3) so as— a to give effect to any determination or decision of the authority under section 29(3) or (4) of the 1949 Act in respect of which either there is no right of appeal or no notice of appeal has been duly served; b to give effect to any decision of the Secretary of State under section 29(6) of that Act; and c to show any particulars shown in the draft map and statement with respect to which no representation or objection has been duly made, or in relation to which all such representations or objections had been withdrawn. 5 Where such a review so begun is abandoned after a draft map and statement have been prepared and the period for making representations or objections has expired, the authority shall by order modify the map and statement under review so as— a to give effect to any decision of the Secretary of State under paragraph 4(4) of Part II of Schedule 3 to the 1968 Act; and b to show any particulars shown in the draft map and statement but not in the map and statement under review, and to omit any particulars shown in the map and statement under review but not in the draft map and statement, being (in either case) particulars with respect to which no representation or objection has been duly made, or in relation to which all such representations or objections have been withdrawn. 6 Orders under subsection (4) or (5) shall take effect on their being made. 7 Every way which— a in pursuance of an order under subsection (5) is shown in a definitive map and statement as a byway open to all traffic, a bridleway or a footpath, and b before the making of the order, was shown in the map and statement under review as a road used as a public path, shall be a highway maintainable at the public expense. 8 Subsection (7) does not oblige a highway authority to provide, on a way shown in a definitive map and statement as a byway open to all traffic, a metalled carriage-way or a carriage-way which is by any other means provided with a surface suitable for the passage of vehicles. Effect of definitive map and statement. 56 1 A definitive map and statement shall be conclusive evidence as to the particulars contained therein to the following extent, namely— a where the map shows a footpath, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover a right of way on foot, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than that right; b where the map shows a bridleway, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way on foot and a right of way on horseback or leading a horse, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than those rights; c where the map shows a byway open to all traffic, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way for vehicular and all other kinds of traffic; d where the map shows a restricted byway , the map shall , subject to subsection (2A), be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way on foot and a right of way on horseback or leading a horse together with a right of way for vehicles other than mechanically propelled vehicles , so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than those rights; and e where by virtue of the foregoing paragraphs the map is conclusive evidence, as at any date, as to a highway shown thereon, any particulars contained in the statement as to the position or width thereof shall be conclusive evidence as to the position or width thereof at that date, and any particulars so contained as to limitations or conditions affecting the public right of way shall be conclusive evidence that at the said date the said right was subject to those limitations or conditions, but without prejudice to any question whether the right was subject to any other limitations or conditions at that date. 1A In subsection (1)(d) “ mechanically propelled vehicle ” does not include an electrically assisted pedal cycle of a class prescribed for the purposes of section 189(1)(c) of the Road Traffic Act 1988. 2 For the purposes of this section “ the relevant date ”— a in relation to any way which is shown on the map otherwise than in pursuance of an order under the foregoing provisions of this Part or an order to which section 53A applies which includes provision made by virtue of subsection (2) of that section , means , subject to subsection (2A), the date specified in the statement as the relevant date for the purposes of the map; b in relation to any way which is shown on the map in pursuance of such an order, means the date which, in accordance with subsection (3) or (3A) , is specified in the order as the relevant date for the purposes of the order. 2A In the case of a map prepared before the date of the coming into force of section 47 of the Countryside and Rights of Way Act 2000— a subsection (1)(d) and (e) have effect subject to the operation of any enactment or instrument, and to any other event, whereby a way shown on the map as a restricted byway has, on or before that date— i been authorised to be stopped up, diverted or widened, or ii become a public path, and b subsection (2)(a) has effect in relation to any way so shown with the substitution of that date for the date mentioned there. 3 Every order under the foregoing provisions of this Part shall specify, as the relevant date for the purposes of the order, such date, not being earlier than six months before the making of the order, as the authority may determine. 3A Every order to which section 53A applies which includes provision made by virtue of subsection (2) of that section shall specify, as the relevant date for the purposes of the order, such date as the authority may in accordance with regulations made by the Secretary of State determine. 4 A document purporting to be certified on behalf of the surveying authority to be a copy of or of any part of a definitive map or statement as modified in accordance with the provisions of this Part shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy. 4A Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary provisions as to definitive maps and statements. 57 1 An order under the foregoing provisions of this Part shall be in such form as may be prescribed by regulations made by the Secretary of State, and shall contain a map, on such scale as may be so prescribed, showing the modifications to which the order relates. 2 Regulations made by the Secretary of State may prescribe the scale on which maps are to be prepared under subsection (1) or any other provision of this Part , and the method of showing in definitive maps and statements anything which is required to be so shown. 3 Where, in the case of a definitive map and statement for any area which have been modified in accordance with the foregoing provisions of this Part, it appears to the surveying authority expedient to do so, they may prepare a copy of that map and statement as so modified; and where they do so, the map and statement so prepared, and not the map and statement so modified, shall be regarded for the purposes of the foregoing provisions of this Part , and for the purposes of section 57A(1), as the definitive map and statement for that area. 3A Where as respects any definitive map and statement the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, the map and statement are to be regarded for the purposes of subsection (3) as having been modified in accordance with the foregoing provisions of this Part whether or not, as respects the map and statement, the requirements of section 54 have been complied with. 4 The statement prepared under subsection (3) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine. 5 As regards every definitive map and statement, the surveying authority shall keep— a a copy of the map and statement; and b copies of all orders under this Part modifying the map and statement, available for inspection free of charge at all reasonable hours at one or more places in each district comprised in the area to which the map and statement relate and, so far as appears practicable to the surveying authority, a place in each parish so comprised; and the authority shall be deemed to comply with the requirement to keep such copies available for inspection in a district or parish if they keep available for inspection there a copy of so much of the map and statement and copies of so many of the orders as relate to the district or parish. 5A Subsection (5) shall apply in relation to land in Wales as if “in each district comprised” were omitted. 6 Notwithstanding anything in subsection (5), an authority shall not be required to keep available for inspection more than one copy of— a any definitive map and statement; or b each order under this Part modifying the map and statement, if, as respects the area to which that map and statement relate, a subsequent map and statement have been prepared under subsection (3); and the said single copies may be kept in such place in the area of the authority as they may determine. 6A In subsection (1), the reference to an order under the foregoing provisions of this Part includes a reference to so much of an order to which section 53A applies as contains provision made by virtue of subsection (2) of that section; and subsections (5) and (6) apply to— a orders to which section 53A applies modifying the map and statement, and b such documents relating to them as may be prescribed by regulations made by the Secretary of State, as those subsections apply to orders under this Part modifying the map and statement. 6B Regulations under paragraph (b) of subsection (6A) may require any document to be prepared by a surveying authority for the purposes of that paragraph, and any such document shall be in such form as may be prescribed by the regulations. 6C Regulations made by the Secretary of State may require any surveying authority— a to keep such other documents as may be prescribed by the regulations available for inspection at such times and places and in such manner as may be so prescribed, or b to provide to any other surveying authority any document so prescribed which that authority is, by regulations under paragraph (a), required to keep available for inspection. 7 Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the provisions of this Part including, in particular, section 53(5) and subsection (5). 8 Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Consolidation of definitive maps and statements. 57A 1 Where— a different definitive maps and statements relate to different parts of a surveying authority’s area, b as respects so much of each definitive map and statement as relates to that area the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, and c there is no part of that area to which no definitive map and statement relate, the authority may, if it appears to them expedient to do so, prepare a map and statement comprising copies of so much of each definitive map and statement as relates to the authority’s area; and where they do so the map and statement so prepared and not, so far as copied, the earlier maps and statements shall be regarded for the purposes of sections 53 to 56 and 57(2) and (3) as the definitive map and statement for the area to which they relate. 2 The power conferred by subsection (1) is not exercisable by a surveying authority if the definitive map and statement relating to any part of the authority’s area is a map and statement in respect of which a review under section 33 of the 1949 Act was begun before the commencement date but has been neither abandoned in pursuance of a direction under section 55(1) nor completed. 3 References in subsection (1) to a definitive map and statement are, in the case of a map and statement modified in accordance with any of the foregoing provisions of this Part, references to the map and statement as modified. 4 The statement prepared under subsection (1) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine. 5 Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the preparation by them of any map and statement under subsection (1). Application of ss. 53 to 57 to inner London. 58 1 Subject to subsection (2), the foregoing provisions of this Part shall not apply to any area to which this subsection applies; and this subsection applies to any area which, immediately before 1st April 1965, formed part of the administrative county of London. 2 A London borough council may by resolution adopt the said foregoing provisions as respects any part of their area specified in the resolution, being a part to which subsection (1) applies, and those provisions shall thereupon apply accordingly. 3 Where by virtue of a resolution under subsection (2), the said foregoing provisions apply to any area, those provisions shall have effect in relation thereto as if for references to the commencement date there were substituted references to the date on which the resolution comes into operation. Miscellaneous and supplemental Prohibition on keeping bulls on land crossed by public rights of way. 59 1 If, in a case not falling within subsection (2), the occupier of a field or enclosure crossed by a right of way to which this Part applies or a restricted byway permits a bull to be at large in the field or enclosure, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale . 2 Subsection (1) shall not apply to any bull which— a does not exceed the age of ten months; or b is not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large. 3 Nothing in any byelaws, whenever made, shall make unlawful any act which is, or but for subsection (2) would be, made unlawful by subsection (1). 4 In this section “ recognised dairy breed ” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry. 5 The Secretary of State may by order add any breed to, or remove any breed from, subsection (4); and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Ploughing of public rights of way. 61 1 Section 134 of the Highways Act 1980 (ploughing of footpath or bridleway) shall have effect subject to the amendments provided for by subsections (2) to (9). 2 Subsection (3) (7 days’ notice of intention to plough) shall be omitted. 3 In subsection (4) (duty to resore surface of footpath or bridleway), for paragraphs (a) and (b) there shall be substituted the following paragraphs— a not later than 2 weeks from the time when the occupier began to plough the footpath or bridleway, or b if prevented from doing so by exceptional weather conditions, as soon as practicable thereafter, . 4 In subsection (5) (failure to comply with subsection (3) or (4)) the words “(3) or” shall be omitted, for paragraphs (a) and (b) there shall be substituted the words “to a fine not exceeding £200” and for the words “subsection (4)”, in the second place where they occur, there shall be substituted the words “that subsection”. 5 After that subsection there shall be inserted the following subsection— 5A A person who ploughs any footpath, bridleway or other highway otherwise than in the exercise of a right to plough it shall be guilty of an offence and liable to a fine not exceeding £200. 6 In subsection (6) (enforcement of subsections (3) to (5)) for the words “subsections (3) to (5) above as respects any footpath or bridleway” there shall be substituted the words “subsections (4) to (5A) above as respects any footpath, bridleway or other highway”. 7 In subsection (7) (proceedings by parish or community councils) after the words “subsection (4)” there shall be inserted the words “or (5A)”. 8 In subsection (8) (power of competent authority to restore surface of footpath or bridleway) for the words “footpath or bridleway” there shall be substituted the words “footpath, bridleway or other highway”. 9 In subsection (10) (competent authorities for the purposes of subsections (8) and (9)) for the words “footpath or bridleway”, in both places where they occur, there shall be substituted the words “footpath, bridleway or other highway”. 10 In section 135(1) of the said Act of 1980 (temporary diversion of footpath or bridleway ploughed up under section 134) the words “6 or” and “6 weeks or” shall be omitted. Appointment of wardens for public rights of way. 62 A local authority may appoint such number of persons as appears to the authority to be necessary or expedient to act as wardens as respects a footpath, bridleway , restricted byway or byway open to all traffic which is both in the countryside and in the area of the authority, and the purpose for which the wardens may be so appointed is to advise and assist the public in connection with the use of the path or way. Orders creating, extinguishing or diverting footpaths and bridleways. 63 The enactments mentioned in Schedule 16 (which relate to the making and confirmation of certain orders creating, extinguishing or diverting footpaths and bridleways) shall have effect subject to the amendments provided for in that Schedule. Publication of dedication of footpaths and bridleways. 64 At the end of section 25 of the Highways Act 1980 (creation of footpath or bridleway by agreement) there shall be inserted the following subsection— 6 As soon as may be after the dedication of a footpath or bridleway in accordance with a public path creation agreement, the local authority who are party to the agreement shall give notice of the dedication by publication in at least one local newspaper circulating in the area in which the land to which the agreement relates is situated. . Signposting of byways open to all traffic. 65 1 In section 27 of the 1968 Act (signposting of footpaths and bridleways) for the words “or bridleway”, wherever they occur, there shall be substituted the words “bridleway or byway” ; and for the words “and bridleways” in subsection (6) of that section there shall be substituted the words “bridleways and byways”. 2 After subsection (7) of that section there shall be inserted the following subsection— 8 In this section “byway” means a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used. Interpretation of Part III. 66 1 In this Part— “ bridleway ” means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway; “ byway open to all traffic ” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used; “ definitive map and statement ” has the meaning given by section 53(1); “ footpath ” means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road; “ horse ” includes a pony, ass and mule, and “ horseback ” shall be construed accordingly; “ public path ” means a highway being either a footpath or a bridleway; “ restricted byway ” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000; “ right of way to which this Part applies ” means a right of way such that the land over which the right subsists is a public path or a byway open to all traffic; “ surveying authority ”, in relation to any area, means the county council, county borough council, metropolitan district council, or London borough council whose area includes that area. 2 A highway at the side of a river, canal or other inland navigation shall not be excluded from any definition contained in subsection (1) by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover. 3 The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part. Part IV Miscellaneous and General Application of Part 1 to Crown 66A 1 Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown. 2 No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention. 3 Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons. 4 But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown. 5 Nothing in this Part affects Her Majesty in her private capacity. 6 Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act. Application of Part 1 to Crown: Scotland 66B 1 Subject to subsections (2) to (5), Part 1 (including regulations and orders made under it) bind the Crown. 2 No contravention by the Crown of any provision made by or under Part 1 makes the Crown criminally liable but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention. 3 Despite subsection (2), any provision made by or under Part 1 applies to persons in the public service of the Crown as it applies to other persons. 4 A species control order may be made under section 14D in relation to Crown land only with the consent of the appropriate authority. 5 The powers conferred by sections 14M and 19ZC are exercisable in relation to Crown land only with the consent of the appropriate authority. 6 In this section, “ Crown land ” means an interest in land which— a belongs to Her Majesty in right of the Crown; b belongs to Her Majesty in right of Her private estates; c belongs to an office-holder in the Scottish Administration or is held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration; or d belongs to a government department or is held in trust for Her Majesty for the purposes of a government department. 7 In this section, the “appropriate authority”— a in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners; b in the case of any other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration who or, as the case may be, government department which manages the land or the relevant person ; c in the case of land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers; d in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration, means that office-holder; e in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that government department. 7A In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land. 8 The references in subsections (6)(b) and (7)(c) to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37). 9 It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any land, and their decision is final. Application of Parts 2 and 3 to Crown land 67 1 Subject to the following provisions of this section, Part II, except section 51, and Part III shall apply to Crown land, that is to say, land an interest in which belongs to Her Majesty in the right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for Her Majesty for the purposes of a Government department. 1A An interest in Crown land, other than one held by or on behalf of the Crown, may be acquired under section 28N, but only with the consent of the appropriate authority. 1B Byelaws made by virtue of section 28R may apply to Crown land if the appropriate authority consents. 2 No order shall be made under section . . . 34 . . . or 42 in relation to Crown land unless the appropriate authority has consented to the making of that order. 3 An agreement under section 39 as respects any interest in Crown land, other than an interest held by or on behalf of the Crown, shall not have effect unless approved by the appropriate authority. 4 Section 101(11) of the 1949 Act (Crown land) shall apply for the construction of references in this section to the appropriate authority. Application to the Isles of Scilly. 68 The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide for the application of the provisions of Part II or III to the Isles of Scilly as if those Isles were a separate county; any any such order may provide for the application of those provisions to those Isles subject to such modifications as may be specified in the order. Offences by bodies corporate etc. 69 1 Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 2 Where the affairs of a body corporate are managed by its members subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. Offences by Scottish partnerships etc. 69A Where a Scottish partnership or other unincorporated association is guilty of an offence under Part 1 of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— a in relation to a Scottish partnership, any partner or any person who was purporting to act in such capacity; b in relation to an unincorporated association other than a Scottish partnership, any person who is concerned in the management or control of the association or any person who was purporting to act in any such capacity, he (as well as the partnership or, as the case may be, other unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly. Financial provisions. 70 1 There shall be defrayed out of money provided by Parliament— a any administrative expenses incurred by any Minister of the Crown under this Act; and b any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment. 2 Any sums received by a Minister of the Crown under this Act shall be paid into the Consolidated Fund. Service of notices. 70A 1 Subject to subsection (2), section 329 of the Town and Country Planning Act 1990 and section 271 of the Town and Country Planning (Scotland) Act 1997 (which provide for the service of notices and other documents) shall apply to notices and other documents required or authorised to be served or given under this Act. 2 Subsections (2) and (3) of the said section 329 shall not apply to a notice required to be served under paragraph 2 of Schedule 14. 2A Subsection (1)(cc) of the said section 271 shall not apply to a notice required to be served under section 14G. 2B Subsection (2) of the said section 271 shall not apply to a notice required to be served under section 14D(5)(a). 3 This section shall not affect the operation of paragraph 2(4) of Schedule 11 or paragraph 3(4) of Schedule 15. Effect of failure to serve certain notices 70B 1 This section applies where the relevant conservation body— a has (whether before or after the commencement of this section) taken all reasonable steps to ensure that, under any provision listed in subsection (2), notice is served on every owner and occupier of any land to which the notice relates, but b has failed to do so. 2 The provisions are— a section 28(1) (notification of SSSI ); b section 28(5) (confirmation or withdrawal of notification of SSSI ); c section 28A(3) (notice varying notification under section 28); d section 28A(5) (notice confirming or withdrawing variation of notification); e section 28B(2) (notification of additional land to be included in SSSI ); f section 28B(7) (confirmation or withdrawal of notification); g section 28C(2) (notification of enlargement of SSSI ); h section 28C(3) (confirmation or withdrawal of notification of enlargement); i section 28D(2) (denotification); j section 28D(5) (withdrawal or confirmation of denotification); k section 28J(3) (notice of proposed management scheme); l section 28J(8) (withdrawal or confirmation of management scheme). 3 The validity of the notice is not affected by the failure to serve it on every owner and occupier of the land. 4 For the purposes of sections 28 to 28Q, the time when the notice is to be treated as having been served is the time when the relevant conservation body took the last of the steps referred to in subsection (1)(a). 5 If the relevant conservation body becomes aware of its failure to serve a notice on an owner or occupier, it must serve a copy of the notice on that owner or occupier. 6 Nothing in subsection (3) or (4) renders the owner or occupier liable— a in relation to anything done or omitted to be done before the commencement of this section, or b under section 28P(1) or 28Q(4) in relation to anything done or omitted to be done before the copy of the notice is served under subsection (5). 7 “ The relevant conservation body ” means— a in relation to land in an area in England— i subject to sub-paragraph (ii), Natural England; ii in relation to any time before the commencement of section 27AA, English Nature; b in relation to land in an area in Wales, the Natural Resources Body for Wales . General interpretation. 71 1 In this Act— “ the 1949 Act ” means the National Parks and Access to the Countryside Act 1949; “ the 1968 Act ” means the Countryside Act 1968; “ the Broads ” has the same meaning as in the Norfolk and Suffolk Broads Act 1988. “ the commencement date ”, in relation to any provision of this Act and any area, means the date of the coming into force of that provision in that area; “ London borough council ” includes the Common Council of the City of London; “ modifications ” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly; . 2 For the avoidance of doubt it is hereby declared that in this Act “plants” include fungi and algae. Minor amendments. 72 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In section 20(2) of the Hill Farming Act 1946 (penalty for contravening regulations with respect to the burning of heather and grass) as originally enacted for the words from “five pounds” onwards there shall be substituted the words “£200”. 3 In sections 27 of that Act (penalty for contravening the provisions of that Act relating to muirburn) for the words from “five pounds” onwards there shall be substituted the words “£200”. 4 In section 39 of the Agriculture (Scotland) Act 1948 for the words “the First Schedule to the Protection of Birds Act 1954” there shall be substituted the words “Schedule I to the Wildlife and Countryside Act 1981”. 5 In section 11(1) of the 1949 Act (general powers of local planning authorities in relation to National Parks) after the word “accomplishment” there shall be inserted the words “of any”. 6 In section 74(4) of the Public Health Act 1961 (power to reduce numbers of pigeons and other birds in built-up areas), for the words “the Protection of Birds Act 1954” there shall be substituted the words “Part I of the Wildlife and Countryside Act 1981”. 7 In section 2(8) of the 1968 Act (publicity and information services) for the words from “encouraging” onwards there shall be substituted the words “informing persons resorting to the countryside of their rights and obligations”. 8 In section 15(1) of that Act (areas of special scientific interest) the words “which is not for the time being managed as a nature reserve but” shall be omitted. 9 In section 37 of that Act (protection for interests in the countryside) for the words “and the Act of 1949” there shall be substituted the words “the Act of 1949 and the Wildlife and Countryside Act 1981”. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 In section 31(10) of the Highways Act 1980 (dedication of way as highway presumed after public use for 20 years), for the words from “subsection (4)” to “that section” there shall be substituted the words “section 56(1) of the Wildlife and Countryside Act 1981 (which provides that a definitive map and statement” and the words “or of that subsection” onwards shall be omitted. 12 Section 80 of that Act (power of highway authority to fence highways) shall have effect in relation to any area in the countryside of which walls of a particular construction are a feature, as if references to fences included references to walls of that construction ; and in exercising their powers under that section in relation to any such area, a highway authority shall have regard to the desirability of exercising the powers conferred by the foregoing provisions of this subsection. 13 In section 136(4) of that Act (time when hedges may not be required to be cut or pruned) immediately before the words “between the last day of September and the first day of April” there shall be inserted the word “except”. 14 In section 4(5) of the Zoo Licensing Act 1981 (grant or refusal of licence) the entries relating to the Protection of Birds Acts 1954 to 1967 and the Conservation of Wild Creatures and Wild Plants Act 1975 shall be omitted and there shall be added at the end the following entry— “Part I of the Wildlife and Countryside Act 1981”. Repeals and savings. 73 1 The enactments mentioned in Schedule 17 are hereby repealed to the extent specified in the third column of that Schedule. 2 Nothing in the repeals made by this section shall affect the operation of sections 27 to 32 of the 1949 Act in relation to any survey begun before the commencement date. 3 Nothing in the repeals made by this section shall affect the operation of sections 33 and 34 of the 1949 Act and Parts II, III, and IV of Schedule 3 to the 1968 Act in relation to any review begun before the commencement date. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short title commencement and extent. 74 1 This Act may be cited as the Wildlife and Countryside Act 1981. 2 The following provisions of this Act, namely— Part II, except sections 29 to 32, 41 and 46 to 48 and Schedule 13; sections 59 to 62 and 65 and 66; and Part IV, except section 72(4), (6) and (14) and section 73(1) so far as relating to Part II of Schedule 17, shall come into force on the expiration of the period of one month beginning with the passing of this Act. 3 The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed under this subsection for different provisions, different purposes or different areas. 4 An order under subsection (3) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force. 5 The following provisions of this Act, namely— sections 39, 40 and 42 to 49 and Schedule 13; and Part III, do not extend to Scotland. 5A Sections 29 and 30 extend to Scotland only. 6 This Act, except section 15(1) and Schedule 10 and, so far as regards any enactment mentioned in Schedule 17 that so extends, section 73 and that Schedule, does not extend to Northern Ireland.