Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001 (S.S.I. No. 337 of 2001)

The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001 file:///D/HTML/uk33531.htm[16.01.2025 11:36:58] Scottish Statutory Instrument 2001 No. 337 The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001 © Crown Copyright 2001 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Royal Arms and the Queen's Printer for Scotland imprints. The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer for Scotland copy published by The Stationery Office Limited as the The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001, ISBN 0 11059847 4. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. SCOTTISH STATUTORY INSTRUMENTS 2001 No. 337 WILDLIFE The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001 Made 1st October 2001 Laid before the Scottish Parliament 2nd October 2001 Coming into force 4th November 2001 The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001 and shall come into force on 4th November 2001. (2) These Regulations extend to Scotland only. http://www.scotland-legislation.hmso.gov.uk/bookstore.htm?AF=A10075&FO=38383&ACTION=AddItem&ProductID=0110598474 http://www.scotland-legislation.hmso.gov.uk/bookstore.htm?AF=A10075&FO=38383&ACTION=AddItem&ProductID=0110598474 http://www.the-stationery-office.co.uk/howtoorder.htm http://www.the-stationery-office.co.uk/howtoorder.htm http://www.the-stationery-office.co.uk/howtoorder.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2001/20010337.htm#note1 The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001 file:///D/HTML/uk33531.htm[16.01.2025 11:36:58] Amendment of 1981 Act 2. - (1) The Wildlife and Countryside Act 1981[2] is amended as follows. (2) In section 2(4)(a) omit "capercaillie and". (3) In Part I of Schedule 1 (birds which are protected by special penalties) (a) in the first column, after "Buzzard, Honey", insert "Capercaillie"; and (b) in the second column, after "Pernis apivorus", insert "Tetrao urogallus". (4) In Part I of Schedule 2 (birds which may be killed or taken), in the first colum, omit "Capercaillie" and, in the second column, omit "Tetrao urogallus". (5) In Part III of Schedule 3 (birds which may be sold), in the first column, omit "Capercaillie" and, in the second column, omit "Tetrao urogallus". RHONA BRANKIN A member of the Scottish Executive St Andrew's House, Edinburgh 1st October 2001 EXPLANATORY NOTE (This note is not part of the Order) These Regulations are being made to ensure compliance with Council Directive of 2nd April 1979 on the Conservation of Wild Birds (79/409/EEC) (O.J. L 103, 25.04.79, p.1) as amended by Commission Directive 91/244/EEC (O.J. No. L 115, 08.05.91, p.41), Council Directive 94/24/EC (O.J. No. L 164, 30.06.94, p.9) and Commission Directive 97/49/EC (O.J. No. L 223, 13.08.97, p.9). The Regulations remove the capercaillie (tetrao urogallus) from Part I of Schedule 2 to the Wildlife and Countryside Act 1981 which contains the list of species which may be hunted in Scotland and place it in Part I of Schedule 1 to that Act which provides greater legal protection to the species by making offences involving the bird punishable by special penalties as described in Section 21 of the Wildlife and Countryside Act 1981. The Regulations also remove the reference to capercaillie in the definition of "close season", as set out in Section 2(4)(a) of the above Act, and remove the reference to capercaillie as a bird which may be sold from Schedule 3 of that Act. Notes: [1] 1972 c.68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2001/20010337.htm#note2 http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2001/20010337.htm#n1 The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001 file:///D/HTML/uk33531.htm[16.01.2025 11:36:58] Other Scottish Statutory Instruments | UK Statutory Instruments | Home | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2001 Prepared 15 October 2001 [2] 1981 c.69.back ISBN 0 11059847 4 http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.legislation.hmso.gov.uk/stat.htm http://www.legislation.hmso.gov.uk/stat.htm http://www.scotland-legislation.hmso.gov.uk/ http://www.hmso.gov.uk/ http://www.hmso.gov.uk/hmsoform.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2001/20010337.htm#n2