Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (S.I. No. 2356 of 2008)

S T A T U T O R Y I N S T R U M E N T S 2008 No. 2356 WILDLIFE, ENGLAND The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 Made - - - - 1st September 2008 Laid before Parliament 5th September 2008 Coming into force - - 1st October 2008 For the purposes of section 26(4)(a) of the Wildlife and Countryside Act 1981(a) the Secretary of State considers that no local authority is affected by this Order. The Secretary of State has— (a) in accordance with that provision, given any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order; (b) in accordance with section 26(4)(b) of that Act, consulted with the Joint Nature Conservation Committee, being the advisory body(b) which the Secretary of State considers is best able to advise as to whether this Order should be made. In exercise of the powers conferred by section 22(1)(c) of the Wildlife and Countryside Act 1981, the Secretary of State makes the following Order: Citation and commencement 1. This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008, and shall come into force on 1st October 2008. Extent and application 2. This Order extends to England and Wales only and applies in relation to England only(d). (a) 1981 c. 69. (b) See the definition of “advisory body” in sections 23(3) and 27(1) of the Wildlife and Countryside Act 1981. The Joint Nature Conservation Committee was established under section 128(4) of the Environment Protection Act 1990 (c. 43) and continues in existence (albeit reconstituted) under section 31 of the Natural Environment and Rural Communities Act 2006 (c.16). (c) Section 22(1) was amended by sections 47(1) and (5) of the Natural Environment and Rural Communities Act 2006. (d) The powers of the Secretary of State under section 22(1) of the Wildlife and Countryside Act 1981 were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46) and, in relation to Wales, are devolved to the Welsh Ministers; see the reference to the Wildlife and Countryside Act 1981 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32). 2 Variation of Schedule 4 3.—(1) Schedule 4(a) to the Wildlife and Countryside Act 1981 (birds which must be registered and ringed if kept in captivity) is amended as follows. (2) The following birds are omitted Common Name Scientific Name Bunting, Cirl Emberiza cirlus Bunting, Lapland Calcarius lapponicus Bunting, Snow Plectrophenax nivalis Eagle, Adalbert’s Aquila adalberti Eagle, Great Philippine Pithecophaga jefferyi Eagle, Imperial Aquila heliaca Eagle, New Guinea Harpyopsis novaeguineae Chough Pyrrhocorax pyrrhocorax Crossbills (all species) Loxia spp Falcon, Barbary Falco pelegrinoides Falcon, Gyr Falco rusticolus Fieldfare Turdus pilaris Firecrest Regulus ignicapillus Fish-Eagle, Madagascar Haliaeetus vociferoides Forest-Falcon, Plumbeous Micrastur plumbeus Harrier, Hen Circus cyaneus Hawk, Galapagos Buteo galapagoensis Hawk, Grey-backed Leucopternis occidentalis Hawk, Hawaiian Buteo solitarius Hawk, Ridgway’s Buteo ridgwayi Hawk, White-necked Leucopternis lacernulata Hawk-Eagle, Wallace’s Spizaetus nanus Hobby Falco subbuteo Honey-Buzzard, Black Henicopernis infuscatus Kestrel, Lesser Falco naumanni Kestrel, Mauritius Falco punctatus Kite, Red Milvus milvus Oriole, Golden Oriolus oriolus Redstart, Black Phoenicurus ochruros Redwing Turdus iliacus Sea-Eagle, Pallas’ Haliaeetus leucoryphus Sea-Eagle, Steller’s Haliaeetus pelagicus Serin Serinus serinus Serpent-Eagle, Andaman Spilornis elgini Serpent-Eagle, Madagascar Eutriorchis astur Serpent-Eagle, Mountain Spilornis kinabaluensis Shorelark Shrike, Red-Backed Eremophila alpestris Lanius collurio Sparrowhawk, Gundlach’s Accipiter gundlachi Sparrowhawk, Imitator Accipiter imitator Sparrowhawk, New Britain Accipiter brachyurus Sparrowhawk, Small Accipiter nanus Tit, Bearded Panurus biarmicus Tit, Crested Parus cristatus (a) Schedule 4 was amended by the Wildlife and Countryside Act 1981(Variation of Schedule 4) Order 1994 (S..I .1994/1151). 3 Warbler, Cetti’s Cettia cetti Warbler, Dartford Sylvia undata Warbler, Marsh Acrocephalus palustris Warbler, Savi’s Locustella luscinioides Woodlark Lullula arborea Wryneck Jynx torquilla (3) The words “Any bird one of whose parents or other lineal ancestor was a bird of a kind specified in the foregoing provisions of this Schedule” are omitted. Revocation 4. Article 3 of the Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 is revoked. Jonathan Shaw Parliamentary Under Secretary of State, 1st September 2008 Department for Environment, Food and Rural Affairs EXPLANATORY NOTE (This note is not part of the Order) Section 7 of the Wildlife and Countryside Act 1981 (“the Act”), together with regulations made under that section, provide for the registration and ringing or marking of birds that are kept in captivity and are listed in Schedule 4 to the Act. Article 3 of this Order removes the birds listed in that Article from Schedule 4 to the Act. It also removes the reference to hybrids so that Schedule 4 no longer includes hybrids of the species of birds in the list. From the coming into force of this Order, the birds included in Schedule 4 to the Act will be— Common name Scientific name Buzzard, Honey Pernis apivorus Eagle, Golden Aquila chrysaetos Eagle, White-tailed Haliaeetus albicilla Falcon, Peregrine Falco peregrinus Goshawk Accipter gentilis Harrier, Marsh Circus aeruginosus Harrier, Montagu’s Circus pygargus Merlin Falco columbarius Osprey Pandion haliaetus Article 4 contains a consequential revocation of Article 3 of the Wildlife and Countryside Act 1981(Variation of Schedule 4) Order 1994 (SI 1994/1151). A full Impact Assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared in respect of this Order. A copy of the Impact Assessment can be obtained from the Wildlife Species Conservation Division, Zone 11/1, Defra, Temple Quay House, Temple Quay, Bristol, BS1 6EB and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. £4.00 Crown copyright 2008 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. E3007 9/2008 183007T 19585