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]

Derek Canning LLB [HONS] made this Freedom of Information request to House of Lords This request has been closed to new correspondence. Contact us if you think it should be reopened.

House of Lords did not have the information requested.

Derek Canning LLB [HONS]

Dear Sir or Madam,

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
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© 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

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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

Yours faithfully,

Derek Canning LLB [HONS]

House Of Lords Information Office, House of Lords

Thank you for your email.

The House of Lords Information Office receives large numbers of e-mails and we aim to reply within 10 working days. If you need the information sooner please telephone the House of Lords Information Office on 020 7219 3107.

The following information may answer many of your enquiries.

House of Lords
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Thank you.

FOI LORDS, House of Lords

Dear Mr Canning

I am writing to acknowledge your request for information received by the House of Lords administration on 15 September. You should expect a response from us no later than 13 October.

Yours sincerely

Alex Daybank
Information Compliance Manager
House of Lords

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DAYBANK, Alex, House of Lords

Dear Mr Canning

I am writing in response to your request for information received by the House of Lords administration on 15 September.

As we understand it, you have requested the following:
1. Information relating to any consultation with stakeholders regarding birds eggs and the Wildlife and Countryside Act 1981(England and Wales) (Amendment)Regulations 2004.
2. The 'certificate of compatibility' with the Human Rights Act in relation to the Regulations.
3. A Copy of Hansard in relation to specific amendments in the 2004 regulations referred to in your request.

I will deal with each of these points in turn.

With regard to information relating to consultation with stakeholders I can confirm that after a search undertaken by the House of Lords library we do not hold any such information. You may wish to contact DEFRA about this.

Section 19 of the Human Rights Act 1998 (HRA)requires statements of compatibility to be made in relation to primary legislation. The relevant section of the Act is quoted below:

"19(1) A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill-
(a) make a statement to the effect that in his view the provisions of the Bill are compatible with the Convention rights ( "a statement of compatibility"); or (b)make a statement to the effect that although he is unable to make a statement of compatibility the government nevertheless wishes the House to proceed with the Bill.
(2) The statement must be in writing and be published in such manner as the Minister making it considers appropriate."

In addition to primary legislation some time ago Ministers gave an undertaking that for affirmative instruments - statutory instruments which require the approval of one or both Houses before they may be made, take effect or remain in force - the same kind of statement as to European Convention on Human Rights (ECHR) compliance that are required under section 19 for Bills would be made. In addition to this, instruments which amend Acts are also covered by this undertaking. Therefore the Wildlife and Countryside Act 1981(England and Wales) (Amendment)Regulations 2004 do include an statement as to compliance with ECHR. This is included in the Explanatory Memorandum of the regulations available here; http://www.opsi.gov.uk/si/em2004/uksiem_....

As you can see under both section 19 of the HRA and the Ministerial undertaking for statutory instruments, Ministers are only obliged to include a statement as to compatibility, no certificate therefore exists.

Moving on to the third item you have requested; Hansard is available online at the address below. You can search for any information which may exist relating to Members of the House of Lords and the amendments you refer to here. However, as the 2004 regulations were laid before Parliament as a statutory instrument under powers conferred on the Secretary of State for DEFRA there may not have been discussion or questions raised in the House.
http://www.publications.parliament.uk/pa...

As Hansard is accessible online, the exemption in section 21 of the Freedom of Information Act 2000 is relevant. This states that:
"Information which is readily accessible to the applicant otherwise than under section 1 is exempt information."
Publication of the business of the House by Hansard is also explicitly referred to in the House of Lords publication scheme. As the information is routinely published and available we are not obliged to provide copies of this.

You may, if dissatisfied with the handling of your request for information, ask the House of Lords to conduct an internal review. Requests for an internal review should be addressed to [email address] or to the Freedom of Information Officer, House of Lords, London, SW1A 0PW. Arrangements will be made for someone who has not been involved in dealing with your request to conduct an internal review within 20 working days.

If, following your review, you remain dissatisfied with the House's treatment of your request for information then you may take your complaint to the Information Commissioner's Office at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Alex Daybank
Information Compliance Manager
House of Lords
SW1A 0PW
[email address]

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