Citation and commencement

1. These Regulations may be cited as the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (Amendment) (England) Regulations 2008 and come into force on 1st October 2008.

Extent and application

2. These Regulations extend to England and Wales only and apply in relation to England only.

Amendment to the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982

3.The Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982( 2 ) are amended as follows.

Amendment to regulation 1

4. In regulation 1(2), after the definition of “CITES” insert the following definitions—

“ “the Council Regulation” means Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein ( 3 ) ;

“the Commission Regulation” means Commission Regulation (EC) No. 865/2006 laying down detailed rules concerning the implementation of the Council Regulation ( 4 ) ; ” .

Amendment to regulation 3

5. —(1) Regulation 3( 5 ) (registration) is amended as follows.

(2) After paragraph (1) there is inserted —

“ (1A) For the purposes of the registration of any birds listed in the Schedule, the register referred to in paragraph (1) may be any register maintained by the Secretary of State which lists birds in respect of which a relevant certificate has been issued.

(1B) In relation to any birds that are listed or to be listed in any register of a kind referred to in paragraph(1A)—

(a) paragraphs (2) and (4) do not apply; and

(b) paragraphs (2)(a)(iii), (c) and (d) and (3) of regulation 4 do not apply. ” .

(3) After paragraph (4) there is added—

“ (5) In this regulation, “relevant certificate” means a certificate issued by the Secretary of State (as the relevant management authority) which is referred to in Article 10 of the Council Regulation.

(6) In this regulation, “relevant management authority” means the authority notified to the Depositary Government (within the meaning of Article XX of CITES), under Article IX (2) of CITES, as designated pursuant to Article IX(1) of CITES to carry out the functions of a management authority for the purposes of granting permits or certificates on behalf of the United Kingdom pursuant to CITES. ” .

Amendment to regulation 4

6. In regulation 4( 6 ) (termination of registration), in paragraph (2)(b), “accepted” is omitted.

Amendment to regulation 5

7. —(1) Regulation 5( 7 ) (ringing) is amended as follows.

(2) In paragraph (1), for the words “unless the Secretary of State waives this requirement under paragraph (3)” there is substituted “or marked in accordance with paragraph (3)”.

(3) For paragraph (3) there is substituted—

“ (3) A bird is marked in accordance with this paragraph if it is marked in accordance with the specimen-marking requirements of Article 66 of the Commission Regulation ( 8 ) . ” .

Schedule to the Regulations

8. The following Schedule is inserted—

Regulation 3(1A)

“ SCHEDULE Birds that may be registered in accordance with regulation 3(1A)