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

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Regulations, orders, notices etc.

        26.—(1)  Any power to make regulations or orders under this Part shall be exercisable by statutory instrument.

    (2)  A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than sections 2(6), 3, 5 and 11, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (3)  No order under section 5 or 11 shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament

    (4)  Before making any order under this Part, the Secretary of State—

    (a)  except in the case of an order under section 2(6), shall give to any local authority affected and, except in the case of an order under section 3. any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order;
    (b)  except in the case of an order under section 22(3), shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and
    (c)  may, if he thinks fit cause a public inquiry to be held.

    (5)  Notice of the making of an order under this Part shall be published by the Secretary of State—

    (a)  if the order relates in whole or in part to England and Wales, in the London Gazette; and
    (b)  if the order relates in whole or in part to Scotland, in the Edinburgh Gazette.

    (6)  The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area.

Interpretation of Part I.








1862 c. 97.
1966 c. 38.









1968 c. 27.

        27.—(1)  In this Part, unless the context otherwise requires—

    "advertisement" includes a catalogue, a circular and a price list;
    "advisory body" has the meaning given by section 23;

    "agriculture Minister" means the Minister of Agriculture, Fisheries and Food or the Secretary of State ;

    "authorised person" means—

       (a)   the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;
       (b)   any person authorised in writing by the local authority for the area within which the'action authorised is taken;
       (c)   as respects anything done in relation to wild birds, any person authorised in writing by any of the following bodies, that is to say, the Nature Conservancy Council, a water authority or any other statutory water undertakers, a district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862 or a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966;

    so, however, that the authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land;

    "automatic weapon" and "semi-automatic weapon" do not include any weapon the magazine of which is incapable of holding more than two rounds;

    "aviculture" means the breeding and rearing of birds in captivity;

    "destroy", in relation to an egg. includes doing anything to the egg which is calculated to prevent it from hatching, and "destruction" shall be construed accordingly:

    "domestic duck" means any domestic form of duck;

    "domestic goose" means any domestic form of goose;

    "firearm" has the same meaning as in the Firearms Aci 1968;

    "game bird" means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;

    "livestock" includes any animal which is kept—

       (a)   for the provision of food, wool, skins or fur;
       (b)   for the purpose of its use in the carrying on of any agricultural activity; or
       (c)   for the provision or improvement of shooting or fishing;

    "local authority" means—

       (a)   in relation to England and Wales, a county, district or London borough council and the Greater London Council;
       (b)   in relation to Scotland, a regional, islands or district council;
    "occupier", in relation to any land other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish;

    "pick", in relation to a plant, means gather or pluck any part of the plant without uprooting it;

    "poultry" means domestic fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;

    "sale" includes hire, barter and exchange and cognate expressions shall be construed accordingly;

    "uproot", in relation to a plant, means dig up or otherwise remove the plant from the land on which it is growing;

    "vehicle" includes aircraft, hovercraft and boat;

    "water authority", in relation to Scotland , has the same meaning as in the Water (Scotland) Act 1980;

    "wild animal" means any animal (other than a bird) which is or (before it was kilted or taken) was living wild;

    "wild bird" means any bird of a kind which is ordinarily resident in or is a visitor to Great Britain in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;

    "wild plant" means any plant which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state.

    (2)  A bird shall not be treated as bred in captivity for the purposes of this Part unless its parents were lawfully in captivity when the egg was laid.

    (3) Any reference in this Part to an animal of any kind includes, unless the context otherwise requires, a reference to an egg, larva, pupa, or other immature stage of an animal of that kind.

    (4)  This Part shall apply to the Isles of Scilly as if the Isles were a county and as if the Council of the Isles were a county council.

    (5)  This Part extends to the territorial waters adjacent to Great Britain , and for the purposes of this Part any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part.

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