Statutory Instruments
2008 No. 2356
Wildlife, England
The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008
Made
1st September 2008
Laid before Parliament
5th September 2008
Coming into force
1st October 2008
For the purposes of section 26(4)(a) of the Wildlife and Countryside Act 1981( 1 ) the Secretary of State considers that no local authority is affected by this Order.
The Secretary of State has—
(a) in accordance with that provision, given any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order;
(b) in accordance with section 26(4)(b) of that Act, consulted with the Joint Nature Conservation Committee, being the advisory body( 2 ) which the Secretary of State considers is best able to advise as to whether this Order should be made.
In exercise of the powers conferred by section 22(1)( 3 ) of the Wildlife and Countryside Act 1981, the Secretary of State makes the following Order:
Citation and commencement
1. This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008, and shall come into force on 1 st October 2008.
Extent and application
2. This Order extends to England and Wales only and applies in relation to England only( 4 ).
Variation of Schedule 4
3. —(1) Schedule 4( 5 ) to the Wildlife and Countryside Act 1981 (birds which must be registered and ringed if kept in captivity) is amended as follows.
(2) The following birds are omitted-
| Common Name | Scientific Name |
|---|---|
| Bunting, Cirl | Emberiza cirlus |
| Bunting, Lapland | Calcarius lapponicus |
| Bunting, Snow | Plectrophenax nivalis |
| Eagle, Adalbert’s | Aquila adalberti |
| Eagle, Great Philippine | Pithecophaga jefferyi |
| Eagle, Imperial | Aquila heliaca |
| Eagle, New Guinea | Harpyopsis novaeguineae |
| Chough | Pyrrhocorax pyrrhocorax |
| Crossbills (all species) | Loxia spp |
| Falcon, Barbary | Falco pelegrinoides |
| Falcon, Gyr | Falco rusticolus |
| Fieldfare | Turdus pilaris |
| Firecrest | Regulus ignicapillus |
| Fish-Eagle, Madagascar | Haliaeetus vociferoides |
| Forest-Falcon, Plumbeous | Micrastur plumbeus |
| Harrier, Hen | Circus cyaneus |
| Hawk, Galapagos | Buteo galapagoensis |
| Hawk, Grey-backed | Leucopternis occidentalis |
| Hawk, Hawaiian | Buteo solitarius |
| Hawk, Ridgway’s | Buteo ridgwayi |
| Hawk, White-necked | Leucopternis lacernulata |
| Hawk-Eagle, Wallace’s | Spizaetus nanus |
| Hobby | Falco subbuteo |
| Honey-Buzzard, Black | Henicopernis infuscatus |
| Kestrel, Lesser | Falco naumanni |
| Kestrel, Mauritius | Falco punctatus |
| Kite, Red | Milvus milvus |
| Oriole, Golden | Oriolus oriolus |
| Redstart, Black | Phoenicurus ochruros |
| Redwing | Turdus iliacus |
| Sea-Eagle, Pallas’ | Haliaeetus leucoryphus |
| Sea-Eagle, Steller’s | Haliaeetus pelagicus |
| Serin | Serinus serinus |
| Serpent-Eagle, Andaman | Spilornis elgini |
| Serpent-Eagle, Madagascar | Eutriorchis astur |
| Serpent-Eagle, Mountain | Spilornis kinabaluensis |
Shorelark Shrike, Red-Backed | Eremophila alpestris Lanius collurio |
| Sparrowhawk, Gundlach’s | Accipiter gundlachi |
| Sparrowhawk, Imitator | Accipiter imitator |
| Sparrowhawk, New Britain | Accipiter brachyurus |
| Sparrowhawk, Small | Accipiter nanus |
| Tit, Bearded | Panurus biarmicus |
| Tit, Crested | Parus cristatus |
| Warbler, Cetti’s | Cettia cetti |
| Warbler, Dartford | Sylvia undata |
| Warbler, Marsh | Acrocephalus palustris |
| Warbler, Savi’s | Locustella luscinioides |
| Woodlark | Lullula arborea |
| Wryneck | Jynx torquilla |
(3) 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” are omitted.
Revocation
4.Article 3 of the Wildlife and Countryside Act 1981 (Variation of Schedule 4) Order 1994 is revoked.
Jonathan Shaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
1st September 2008
See the definition of “advisory body” in sections 23(3) and 27(1) of the Wildlife and Countryside Act 1981. The Joint Nature Conservation Committee was established under section 128(4) of the Environment Protection Act 1990 (c. 43) and continues in existence (albeit reconstituted) under section 31 of the Natural Environment and Rural Communities Act 2006 (c.16) .
Section 22(1) was amended by sections 47(1) and (5) of the Natural Environment and Rural Communities Act 2006.
The powers of the Secretary of State under section 22(1) of the Wildlife and Countryside Act 1981 were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46) and, in relation to Wales, are devolved to the Welsh Ministers; see the reference to the Wildlife and Countryside Act 1981 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ), and paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32) .
Schedule 4 was amended by the Wildlife and Countryside Act 1981(Variation of Schedule 4) Order 1994 ( S..I .1994/1151 ).