Part I Wildlife
Protection of birds F14and prevention of poaching
E27 Registration etc. of certain captive birds.
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 F7. . ..
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.
C2F8 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 F9which 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.
F103A
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 F11ZA1 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 F11ZA1 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;
F12ca
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 M2Rehabilitation of Offenders Act 1974.
F136
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F137
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E17 Registration etc. of certain captive birds.
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 F1. . . .
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.
C1F22A
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 F3within five years of his having been convicted of—
a
an offence under this Part (being an offence relating to the protection of birds or other animals); F4. . .
b
any other offence involving their ill-treatmentF5; or
c
any offence under the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) relating to birds (other than an offence under Regulation 9 of those Regulations)
he shall be guilty of an offence.
4
If any person knowingly disposes of or offers to dispose of any bird included in Schedule 4 to any personF6 within five years of that person’s having been convicted of such an offence as is mentioned in subsection (3), 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 M1Rehabilitation of Offenders Act 1974.
F155A
Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section shall be guilty of an offence.
F166
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F167
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Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 3(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(b)