This is an HTML version of an attachment to the Freedom of Information request 'Legal To Sell'.

Date: Wed, 22 Sep 2010 14:48:50 +0100
Subject: FW: Freedom of Information request - Legal To Sell
From: "Stewart, Norrie (AH)" <[cyfeiriad ebost]>
To: [Cais Rhyddid Gwybodaeth e-bost #47900 ]

Dear Mr Prior,

AH0871

Thank you for your request for information.

As I explained to you previously, Animal Health does not deal with schedule 3 bird registrations. This is dealt with by Natural England who are responsible for the issue of schedule 3 licences.

I have attached a link which I hope will provide you with further guidance. But I suggest that you contact Natural England (address number two, supplied on the Information Sheet). They will be able to provide advice to you on this issue.

http://www.defra.gov.uk/animalhealth/cites/birdregistration/guidance/pdf/IS7.pdf


regards

Norrie Stewart

Customer & Stakeholder Services
Animal Health
Block C, Spur 3,
Government Buildings
Whittington Road
Worcester
WR5 2SU

E: [cyfeiriad ebost]



-----Original Message-----
From: Des Prior [mailto:[Cais Rhyddid Gwybodaeth e-bost #47900 ]]
Sent: 22 September 2010 07:05
To: access 2info (AH)
Subject: Freedom of Information request - Legal To Sell


Dear Animal Health,
With regards the advice given to me by Animal Health could you
please confirm that I have understood the following.
Under sales and possession controls with regards the wildlife and
countryside act 1981 it states
Section 1 of the Wildlife and Countryside Act 1981 makes it an
offence, amongst other things, for a person to have in his
possession or under his control any live or dead wild bird unless
they can show either that the bird had been legally taken from the
wild, and where appropriate, had been legally sold to him.
A person shall not be guilty of an offence under section 1 of the
Wildlife and Countryside 1981 Act if they can show that a bird is
legally in his possession or under his control by showing that the
bird is either captive-bred, (i.e. bred from parents lawfully in
captivity when the egg was laid), legally imported, taken from the
wild under licence or taken from the wild for treatment and
subsequent release under the provisions of section 4(2)(a).
You have explained to myself how I can legally import a bird which
complies with the above as I specifically made reference to this in
my original question.
My question is am I correct that if a person legally imports a
schedule three bird as advised from Animal health from within the
EU that complies with the EU ringing directive that if a person
then wish to sell that bird without applying for a WML A-20
licences he would not be guilty of an offence?
I know you will answer it would be for lawyers and courts to
interpret legislation and decide.
I am simply asking if i have understood the above correctly before
i might have to take legal advice which cost money.
Yours faithfully,

Des Prior

Yours faithfully,

Des Prior

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