Information request to do with the Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004, ISBN 0110493737 in relation to the amendments that relates to this quote below [making it illegal to have bird’s eggs after 1954]

Information request to do with the Wildlife and Countryside Act
1981(England and Wales) (Amendment) Regulations 2004, ISBN
0110493737 in relation to the amendments that relates to this quote
below [making it illegal to have bird’s eggs after 1954]
‘(d) after subsection (3) insert the following subsection -
" (3A) In subsection (3) "lawfully" means without any
contravention of -
(a) this Part and orders made under it,

(b) the Protection of Birds Acts 1954 to 1967[5] and orders made
under those Acts,’

Please supply the information that you hold on the following: The
Wildlife and Countryside Act 1981(England and Wales) (Amendment)
Regulations 2004, ISBN 0110493737 in relation to the amendments
that relates this quote in red below [making it illegal to have
bird’s eggs after 1954]
‘(d) after subsection (3) insert the following subsection -
" (3A) In subsection (3) "lawfully" means without any
contravention of -
(a) this Part and orders made under it,

(b) the Protection of Birds Acts 1954 to 1967[5] and orders made
under those Acts,’

1] I am particularly interested in the consultation with
stakeholder in relation to bird’s eggs and the amendments in
question.
‘(d) after subsection (3) insert the following subsection -
" (3A) In subsection (3) "lawfully" means without any
contravention of -
(b) this Part and orders made under it,

(b) the Protection of Birds Acts 1954 to 1967[5] and orders made
under those Acts,’

2] The certificate of compatibility with the Human Rights Act in
relation to the amendments.

(d) after subsection (3) insert the following subsection -
" (3A) In subsection (3) "lawfully" means without any
contravention of -
(c) this Part and orders made under it,

(b) the Protection of Birds Acts 1954 to 1967[5] and orders made
under those Acts,

3] Copy of Hansard in relation to the amendments the section in
red.
‘(d) after subsection (3) insert the following subsection -
" (3A) In subsection (3) "lawfully" means without any
contravention of -
(d) this Part and orders made under it,

(b) the Protection of Birds Acts 1954 to 1967[5] and orders made
under those Acts,’

Statutory Instrument 2004 No. 1487
The Wildlife and Countryside Act 1981(England and Wales)
(Amendment) Regulations 2004
________________________________________
© Crown Copyright 2004
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________________________________________
STATUTORY INSTRUMENTS
________________________________________

2004 No. 1487

WILDLIFE

The Wildlife and Countryside Act 1981(England and Wales)
(Amendment) Regulations 2004

Made 6th June 2004
Laid before Parliament 9th June 2004
Coming into force 14th July 2004

The Secretary of State, being a Minister designated[1] for the
purposes of section 2(2) of the European Communities Act 1972[2] in
relation to measures relating to the conservation of natural
habitats and of wild fauna and flora, in exercise of the powers
conferred upon her by the said section 2[3], hereby makes the
following Regulations:

Citation, commencement and extent
1. - (1) These Regulations may be cited as The Wildlife and
Countryside Act 1981 (England and Wales) (Amendment) Regulations
2004 and shall come into force on 14th July 2004.

(2) These Regulations shall extend to England and Wales only.

Amendment of the Wildlife and Countryside Act 1981
2. The Wildlife and Countryside Act 1981[4] shall be amended as
follows.

3. In section 1 (protection of wild birds, their nests and eggs) -
(a) in subsection (3)(a) -
(i) before "killed", the second time it occurs, insert "lawfully",
and

(ii) omit "otherwise than in contravention of the relevant
provisions";
(b) in subsection (3)(b) -
(i) before "sold" insert "lawfully", and

(ii) omit "otherwise than in contravention of those provisions";
(c) in subsection (3) omit the words from "and", where first
occurring, to the end of the subsection; and

(d) after subsection (3) insert the following subsection -
" (3A) In subsection (3) "lawfully" means without any
contravention of -
(a) this Part and orders made under it,

(b) the Protection of Birds Acts 1954 to 1967[5] and orders made
under those Acts,

(c) any other legislation which implements Council Directive
79/409/EEC[6] on the conservation of wild birds and extends to any
part of the United Kingdom, to any area designated in accordance
with section 1(7) of the Continental Shelf Act 1964[7], or to any
area to which British fishery limits extend in accordance with
section 1 of the Fishery Limits Act 1976[8], and

(d) the provisions of the law of any member State (other than the
United Kingdom) implementing the Council Directive referred to in
paragraph (c)."
4. In the definition of "wild bird" in subsection (1) of section
27 (interpretation of Part 1) -
(a) for "kind" substitute "species", and

(b) for "Great Britain" substitute "the European territory of any
member State".
5. After section 27 insert the following section -
" Application of Part 1 to England and Wales
27ZA. - (1) The amendments made to this Part of the Act by the
2004 Regulations have effect in relation to England only, and
accordingly, in the application of this Act in relation to Wales,
this Part continues to have effect without the amendments made by
the 2004 Regulations.

This subsection is subject to any regulations which may be made
under section 2(2) of the European Communities Act 1972[9] by the
National Assembly for Wales.

(2) In this section "the 2004 Regulations" means the Wildlife and
Countryside Act 1981 (England and Wales) (Amendment) Regulations
2004."

Ben Bradshaw
Parliamentary Under Secretary of State Department for Environment,
Food and Rural Affairs

6th June 2004

________________________________________
EXPLANATORY NOTE

(This note is not part of the Regulations )

These Regulations, which extend to England and Wales, amend Part 1
of the Wildlife and Countryside Act 1981 ("the Act"), which
transposes in part Council Directive 79/409/EEC on the conservation
of wild birds (O.J. No. L103, 25.04.1979, p.1).

The Regulations amend the definition of "wild bird" in section 27
of the Act which now includes any species which is ordinarily
resident in or is a visitor to the European Territory of any member
State. Regulation 3 makes consequential changes to the defence
provided under section 1(3) of the Act.

Regulations 1 and 5 ensure that the amendments to Part 1 of the Act
apply in relation to England only as the conservation of natural
habitats and of wild fauna and flora is a devolved matter as
regards Wales.

A Transposition Note is available for the Regulations and can be
found on the website of the Department for Environment, Food and
Rural Affairs, www.defra.gov.uk.
________________________________________
Notes:

[1] S.I. 1992/2870.back
[2] 1972 c. 68.back
[3] As respects Scotland, the powers were transferred to the
Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46);
as respects Wales the powers are exercisable by the National
Assembly for Wales by virtue of the European Communities
(Designation) Order 2002 (S.I. 2002/248), article 3 and Schedule
2.back
[4] 1981 c. 69.back
[5] 1954 c. 30; 1964 c. 59; 1967 c. 46.back
[6] O.J. No. L103, 25.04.79 p.1.back
[7] 1964 c. 29.back
[8] 1976 c. 86.back
[9] 1972 c. 68.back
________________________________________

ISBN 0 11 049373 7

Dear Wendy Dalton,

So we can conclude there was no consultation with JNCC.

Yours sincerely,

Derek Canning LLB [HONS]

Dear Sir or Madam,

PLEASE ANSWER MY QUESTION

Yours faithfully,

Derek Canning LLB [HONS]

Dear Sir or Madam,

Still waiting.

Yours faithfully,

Derek Canning LLB [HONS]

Dear Wendy Dalton,

So there was no consultation

Yours sincerely,

Derek Canning LLB [HONS]

Dear Wendy Dalton,

Thank you for confirming there was no consultation. Given your
answer please supply the information that you hold on the
requirement for Defra and or Animal Health to consult with JNCC
before they make changes to the law and OR to make changes that
affect people in relation to eggs and or birds.

Yours sincerely,

Derek Canning LLB [HONS]

Dear Wendy Dalton,

Thank you.

Yours sincerely,

Derek Canning LLB [HONS]