SCHEDULES

Section 81(1).

SCHEDULE 12E+W Amendments relating to Part I of Wildlife and Countryside Act 1981

1E+WIn section 1(5) of the 1981 Act (offence of intentional disturbance of wild birds) after “intentionally” there is inserted “ or recklessly ”.

2E+WIn section 3 of that Act (areas of special protection) in subsection (1)(c) for “the offender shall be liable to a special penalty” there is substituted “ the offence shall be treated as falling within section 7(3A) ”.

3E+WIn section 6 of that Act (sale etc. of live or dead wild birds, eggs etc.), in subsection (2) the words from “who is not” to “Secretary of State” are omitted.

4(1)In section 7 of that Act (registration etc. of certain captive birds), in subsection (3)(a), for “for which a special penalty is provided” there is substituted “ which falls within subsection (3A) ”.E+W

(2)After subsection (3) of that section there is inserted—

“(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 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 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;

(d)any offence under section 8.”.

5E+WIn section 9 of that Act (protection of certain wild animals)—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after that subsection there is inserted—

“(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.”

6E+WIn section 16(3) of that Act (power to grant licences) for “and (4)” there is substituted “ , (4) and (4A) ”.

7E+WIn section 19 of that Act (enforcement of Part I), in subsection (3) for the words from “suspecting that” to “has been committed” there is substituted “ suspecting that an offence under this Part has been committed ”.

F28E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9(1)In section 20 of that Act (time limit for summary prosecution of certain offences under Part I)—E+W

(a)subsection (1) is omitted, and

(b)in subsection (2) for “an offence to which this section applies” there is substituted “ an offence under this Part ”.

(2)Sub-paragraph (1) does not have effect in relation to any offence committed before the commencement of this paragraph.

10(1)Section 21 of that Act (penalties, forfeitures etc. for offences under Part I) is amended as follows.E+W

(2)For subsections (1) to (3) there is substituted—

“(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.”

(3)In subsection (4)—

(a)in paragraph (a) for the words from “to a fine” to the end there is substituted “ to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both ”, and

(b)in paragraph (b) for “to a fine” there is substituted “ to imprisonment for a term not exceeding two years or to a fine, or to both ”.

(4)After subsection (4) there is inserted—

“(4A)Except in a case falling within subsection (4B), a person guilty of an offence under section 19ZA(7) 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 subsection (7) of section 19ZA in relation to a wildlife inspector acting in the exercise of the power conferred by subsection (3)(c) of that section 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 19ZA(8) 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)A person guilty of an offence under section 19ZB(9) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

(5)In subsection (5) the words “, (2) or (3)” are omitted.

(6)Sub-paragraphs (1) to (5) and the repeal by this Act of provisions of the 1981 Act relating to special penalties do not have effect in relation to any offence committed before the commencement of this paragraph.

11E+WIn section 24 of that Act (functions of the Nature Conservancy Councils), in subsection (4) for paragraph (c) there is substituted—

“(c)any wildlife inspector,”.

12E+WIn section 27 of that Act (interpretation of Part I), in subsection (1) after the definition of “wild plant” there is inserted—

““wildlife inspector” has the meaning given by section 19ZA(1).”

F313E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .