The Wildlife and Countryside Act 1981 (Exceptions to section 14) (Scotland) Order 2012

Made: 30th May 2012

Laid before the Scottish Parliament: 31st May 2012

Coming into force: 2nd July 2012

In accordance with section 26(4A)[^f00002] of that Act, they have consulted Scottish Natural Heritage and any other person appearing to them to have an interest in the making of the Order.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Wildlife and Countryside Act 1981 (Exceptions to section 14) (Scotland) Order 2012, and comes into force on 2nd July 2012.

• (2) In this Order, “the 1981 Act” means the Wildlife and Countryside Act 1981.

Disapplication of section 14(1) of the 1981 Act

2

• (1) The type of animal listed in Part 1 of the Schedule is specified for the purposes of section 14(2B)(a) of the 1981 Act.

• (2) The type of plant listed in column (1) (whose Latin name is listed in column (2)) of the table in Part 2 of the Schedule is specified for the purposes of section14(2B)(b) of the 1981 Act, to the extent mentioned in column (3) of that table.

SCHEDULE

PART 1 — Type of animal specified for the purposes of section 14(2B)(a) of the 1981 Act (types of animal to which section 14(1)(a)(i) does not apply)

A fish caught by rod and line, but only where the release takes place—

• (a) at the same location where the fish was caught; and

• (b) on the same day that the fish was caught.

PART 2 — Types of plants specified for the purposes of section 14(2B)(b) of the 1981 Act (types of plants to which section 14(2) does not apply)

Signed

STEWART STEVENSON — Authorised to sign by the Scottish Ministers — 30th May 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order specifies the types of animal and the types of plant to which the offence provisions in section 14(1)(a)(i) and 14(2) of the Wildlife and Countryside Act 1981 (“the 1981 Act”) (as substituted by section 14(2)(a) of the Wildlife and Natural Environment (Scotland) Act 2011) do not apply.

Section 14(1)(a)(i) of the 1981 Act makes it an offence for any person to release, or allow to escape from captivity, any animal to a place outwith its native range. Section14(2B)(a) enables the Scottish Minsters to specify by order types of animals to which subsection (1)(a)(i) of section 14 does not apply. Article 2(1) of, and Part 1 of the Schedule to, the Order lists the type of animal specified for the purpose of section 14(2B)(a) thereby taking that type of animal outwith the ambit of the offence provision in section 14(1)(a)(i) of the 1981 Act.

Section 14(2) of the 1981 Act makes it an offence for any person to plant, or otherwise cause to grow, any plant in the wild at a place outwith its native range. Section14(2B)(b) enables the Scottish Ministers to specify, by order, types of plants to which subsection (2) does not apply. Article 2(2) of, and Part 2 of the Schedule to, the Order lists types of plants for the purpose of section 14(2B)(b) thereby taking those types of plants outwith the ambit of the offence provision in section 14(2) of the 1981 Act.

Footnotes

[^f00001]: 1981 c.69. Section 14(2B) and (2D) were inserted by the Wildlife and Natural Environment (Scotland) Act 2011 (asp6) (“the 2011 Act”), section 14(2).

[^f00002]: Section 26(4A) was inserted by section 17(6)(c) of the 2011 Act.