The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009

Made: 24th November 2009

Laid before the Scottish Parliament: 26th November 2009

Coming into force: 21st December 2009

For the purposes of section26(4)(a) of that Act they consider that no local authority is affected by this Order. In accordance with that provision, they have given any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order.

Citation, commencement and extent

1

• (1) This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule4) (Scotland) Order 2009, and comes into force on 21stDecember 2009.

• (2) This Order extends to Scotland only.

Variation of Schedule4

2

• (1) The following birds are removed from Schedule4[^f00003] to the Wildlife and Countryside Act 1981 (“the 1981 Act”) (birds which must be registered and ringed if kept in captivity):—

• (2) 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” at the end of the list of birds in Schedule4 to the 1981 Act are omitted.

Revocation

3

Article3 of the Wildlife and Countryside Act 1981 (Variation of Schedule4) Order 1994[^f00004] is revoked.

Signed

R CUNNINGHAM — Authorised to sign by the Scottish Ministers — 24th November 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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 Schedule4 to the Act.

Article 2 of this Order removes the birds listed in that article from Schedule4 to the Act. It also removes the reference to hybrids so that Schedule4 no longer includes hybrids of the species of birds in the list.

From the coming into force of this Order, the birds included in Schedule4 to the Act are—

Article 3 contains a consequential revocation of article 3 of the Wildlife and Countryside Act 1981(Variation of Schedule 4) Order 1994.

A full regulatory impact assessment has been produced for this instrument and a copy of it placed in the Scottish Parliament Information Centre. Further copies may be obtained from the Scottish Government Rural Directorate, Landscapes and Habitats Division, Victoria Quay, Edinburgh EH6 6QQ.

Footnotes

[^f00001]: 1981 c.69. Section22(1) was amended by paragraph20(a) of schedule6 to the Nature Conservation (Scotland) Act 2004 (asp6) (“the 2004 Act”). The functions of the Secretary of State under section22(1) were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: Section22(2A) was inserted by paragraph20(b) of schedule6 to the 2004 Act.

[^f00003]: Schedule4 was varied by the Wildlife and Countryside Act 1981 (Variation of Schedule4) Order 1994 (S.I.1994/1151); by the Wildlife and Countryside Act 1981 (Variation of Schedule4) (England) Order 2008 (S.I.2008/2356); and by the Wildlife and Countryside Act 1981 (Variation of Schedule4) (Wales) Order 2009 (S.I.2009/780 (W.68)).

[^f00004]: S.I. 1994/1151.