Wildlife and Countryside Act 1981 (c. 69)
1981 c. 69 - continued

back to previous page
 
 

False statements made for obtaining registration or licence etc.


        17.    A person who, for the purposes of obtaining, whether for himself or another, a registration in accordance with regulations made under section 6(2) or 7(1) or the grant of a licence under section 16—

     (a) makes a statement or representation, or furnishes a document or information, which he knows to be false in a material particular; or
     (b) recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular;
shall be guilty of an offence.

Attempts to commit offences etc.

        18.(1)  Any person who attempts to commit an offence, under the foregoing provisions of this Part shall be guilty of an offence and shall be punishable in like manner as for the said offence.

    (2)  Any person who for the purposes of committing an offence under the foregoing provisions of this Part, has in his possession anything capable of being used for committing the offence shall be guilty of an offence and shall be punishable in like manner as for the said offence.

Power of landlord to enter on holding.

        19.—(1)  If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—
     (a)  stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;
     (b)  search or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing;
     (c)  arrest that person if he fails to give his name and address to the constable's satisfaction;
     (d)  seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.

    (2)  If a constable suspects with reasonable cause that any person is committing an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1), enter any land other than a dwelling-house.

    (3)  If a justice of the peace is satisfied by information on oath that there are reasonable grounds for suspecting that—

     (a)  an offence under section 1, 3, 5, 7 or 8 in respect of which this Part or any order made under it provides for a special penalty; or
     (b)  an offence under section 6, 9, 11(1) or (2), 13 or 14, has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable (with or without other persons) to enter upon and search those premises for the purpose of obtaining that evidence.
In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.

Summary prosecutions.


        20.(1)  This section applies to—

     (a)  any offence under section 1(1) or 3(1) involving the killing or taking of any wild bird or the taking of an egg of such a bird;
     (b)  any offence under section 9(1) involving the killing or taking of any wild animal; and
     (c)  any offence under section 13(1) involving the picking uprooting or destruction of any wild plant.

    (2)  Summary proceedings for an offence to which this section applies may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than two years after the commission of the offence.

    (3)  For the purpose of this section a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.


Penalties, forfeitures etc.


        21.(1)  Subject to subsection (5). a person guilty of an offence under section 1, 3, 5, 6, 7 or 8 shall be liable on summary conviction—

     (a)  in a case where this Part or any order made under it provides that he shall be liable to a special penalty, to a fine not exceeding 1,000 ;
     (b)  in any other case, to a fine not exceeding 200.

    (2) Subject to subsection (5), a person guilty of an offence under section 9 or 11(1) or (2) shall be liable on summary conviction to a fine not exceeding 1,000.

    (3)  Subject to subsection (5), a person guilty of an offence under section 11(3), 13 or 17 shall be liable on summary conviction to a fine not exceeding 500.

    (4)  A person guilty of an offence under section 14 shall be liable—

     (a)  on summary conviction, to a fine not exceeding the statutory maximum;
     (b)  on conviction on indictment, to a fine.

    (5)  Where an offence to which subsection (1), (2) or (3) applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.

    (6)  The court by which any person is convicted of an offence under this Part—

     (a)  shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed ; and
     (b)  may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14. any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.

    (7)  Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.


Power to vary schedules.


        22.(1)  The Secretary of State may by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year, add any bird to, or remove any bird from, any of or any Part of Schedules 1 to 4.

    (2)  An order under subsection (1) adding any bird to Part II of Schedule 1 or Part I of Schedule 2 may prescribe a close season in the case of that bird for the purposes of sections 1 and 2; and any close season so prescribed shall commence on a date not later than 21st February and end on a date not earlier than 31st August.

    (3)  The Secretary of State may, on a representation made to him by the Nature Conservancy Council, by order, either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year—

     (a)  add to Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is in danger of extinction in Great Britain or is likely to become so endangered unless conservation measures are taken; and
     (b)  remove from Schedule 5 or Schedule 8 any animal or plant which, in his opinion, is no longer so endangered or likely to become so endangered.

    (4)  The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or with respect to particular provisions of this Part or particular times of the year—

     (a)  add any animals to. or remove any animals from. Schedule 5 or Schedule 6 ; and
     (b)  add any plants to, or remove any plants from. Schedule 8.

    (5)  The Secretary of State may by order, either generally or with respect to particular areas of Great Britain—

     (a)  add any animals to, or remove any animals from. Part I of Schedule 9; and
     (b)  add any plants to, or remove any plants from. Part n of that Schedule.

Advisory bodies and their functions.


        23.—(1)  The Secretary of State may—

     (a)  establish any body or bodies, consisting in each case of such members as he may from time to time appoint;
     (b)  assign to any body or bodies the duty referred to in subsection (4).

    (2) Without prejudice to his power under subsection (1), the Secretary of State shall, as soon as practicable after the commencement date,—

     (a)  establish at least one body under paragraph (a) of subsection (1); or
     (b)  assign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4).

    (3)  A reference in this Part to an advisory body is a reference to a body which is established under subsection (1) or to which the duty there referred to is assigned under that subsection.

    (4)  It shall be the duty of an advisory body to advise the Secretary of State on any question which he may refer to it or on which it considers it should offer its advice—

     (a)  in connection with the administration of this Part; or
     (b)  otherwise in connection with the protection of birds or other animals or plants.

    (5)  In so far as it does not have power to do so apart from this subsection, an advisory body may publish reports relating to the performance by it of its duty under subsection (4).

    (6)  Before appointing a person to be a member of an advisory body established under subsection (l)(a), the Secretary of State shall consult such persons or bodies as he thinks fit.

    (7)  The Secretary of State may, out of moneys provided by Parliament and to such an extent as may be approved by the Treasury, defray or contribute towards the expenses of an advisory body established under subsection (1)(a).


Functions of Nature Conservancy Council.

 

 

 

 

 

1973 c. 54.


        24.—(1)  The Nature Conservancy Council may at any time and shall five years after the passing of this Act and every five years thereafter, review Schedules 5 and 8 and advise the Secretary of State whether, in their opinion,—

     (a)  any animal should be added to, or removed from, Schedule 5 ;
     (b)  any plant should be added to, or removed from, Schedule 8.

    (2)  Advice may be given under subsection (i) either generally or with respect to particular provisions of this Part, particular areas of Great Britain or particular times of the year ; and any advice so given shall be accompanied by a statement of the reasons which led the Council to give that advice.

    (3)  The Council shall include any advice so given and the statement accompanying it in the annual report submitted by them to the Secretary of State under paragraph 17 of Schedule 3 to the Nature Conservancy Council Act 1973.

    (4)  The functions of the Council shall include power to advise or assist—

     (a)  any constable ;
     (b)  any proper officer of a local authority ; or
     (c)  any person duly authorised by the Secretary of State under section 6(9), 7(6) or 14(5),

in, or in connection with, the enforcement of the provisions of this Part or any order or regulations made under it.


Functions of local authorities..

        25.(1)  Every local authority shall take such steps as they consider expedient for bringing to the attention of the public and of schoolchildren in particular the effect of—
     (a)  the provisions of this Part; and
     (b)  any order made under this Part affecting the whole or any part of their area.
    (2)  A local authority in England and Wales may institute proceedings for any offence under this Part or any order made under it which is committed within their area.
 
  continueprevious sectioncontents
  Powhillon home | OPSI home

Crown copyright 1981