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 Commons This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

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]

FOICOMMONS, House of Commons

Dear Derek Canning,

Thank you for your email dated and received 15 September 2009. We shall deal with your request promptly and endeavour to provide a response by 13 October 2009.

If you have any queries about your request, please contact us.

Yours sincerely,

Shane Pathmanathan

Administration Assistant

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FOICOMMONS, House of Commons

Dear Mr Canning,

Thank you for your request for information which is copied below.

A search for information relevant to your request has been conducted and a list of deposited papers which may be relevant to your request is copied below for your attention. These papers are available upon request, please contact the Parliamentary Archives or the House of Commons Information Office for further information on how these papers can be accessed:
http://www.parliament.uk/about/contactin... . http://www.parliament.uk/directories/hci...

No other information relevant to your request has been located.

You may find the following link to deposited papers useful, however, please note that the papers available online are for the past two years only.

http://deposits.parliament.uk./

You may, if dissatisfied with the treatment of your request, ask the House of Commons to conduct an internal review of this decision. Requests for internal review should be addressed to: Freedom of Information Officer, Department of Resources, House of Commons London SW1 OAA or [House of Commons request email]. Please ensure that you specify the nature of your complaint and any arguments or points that you wish to make.
If you remain dissatisfied, you may appeal to the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely

Bob Castle
Head of Information Rights and Information Security

Title/Description: Review of registration under section 7 of the Wildlife and Countryside Act 1981 in England, Scotland and Wales: consultation paper. Incl. partial regulatory impact assessment. 80 p.
Paper Number: DEP 06/2076; HINF 2006/2024 Corporate Author: Dept for Environment, Food and Rural Affairs; Welsh Assembly Government; Scottish Executive Date Received: 20.11.2006 Date Laid: 20.11.2006 Date of Origin: 01.11.2006

Title/Description: Council Directive of 2 April 1979 on the Conservation of Wild Birds. Transposition note. DEFRA. 2004.
Paper Number: DEFRA
Lords Location: HINF 2004/1744
Corporate Author: Dept for Environment, Food and Rural Affairs Date Received: 22.06.2004 Date Laid: 22.06.2004 Date of Origin: 01.06.2004
Legislation: Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2004

Title/Description: Wildlife and Countryside Act 1981: illegal trade in wild birds native to other EC member states. Regulatory impact assessment. 4 p. DEFRA. 2004.
Paper Number: DEFRA
Corporate Author: Dept for Environment, Food and Rural Affairs Date Received: 22.06.2004 Date Laid: 22.06.2004 Date of Origin: 06.06.2004
Legislation: Wildlife and Countryside Act 1981 (England and Wales) (Amendment) Regulations 2004 Contains RIA/IA? RIA Commons Location: RIA 04/104 Lords Location: HINF 2004/1743

Title/Description: Review of the general licence to kill or take bullfinches under the Wildlife and Countryside Act 1981: list of respondents to the consultation paper. MAFF. 1998.
Paper Number: Dep 98/1027;MAFF
Corporate Author: Ministry of Agriculture Fisheries and Food Date Received: 08.10.1998 Date Laid: 08.10.1998 Date of Origin: 25.09.1998
Legislature: House of Commons (HoC)
Legislation: Wildlife and Countryside Act 1981 Commons Location: Dep 98/1027 Lords Location: HINF 98/1989

Title/Description: Review of the general licence to kill or take bullfinches under the Wildlife and Countryside Act 1981. MAFF. 1998.
Paper Number: Dep 98/917;MAFF
Corporate Author: Ministry of Agriculture Fisheries and Food Date Received: 25.08.1998 Date Laid: 25.08.1998 Date of Origin: 26.06.1998
Legislature: House of Commons (HoC)
Legislation: Wildlife and Countryside Act 1981

Title/Description: Wildlife and Countryside Act 1981: responses from consultation exercise on the bird registration scheme. DOE. 1994.
Paper Number: DOE
Corporate Author: Dept of the Environment Date Received: 14.10.1994 Date Laid: 14.10.1994 Date of Origin: 10.06.1994 Lords Location: HINF 94/1311

Title/Description: Review of sales and related wildlife controls: background paper by Dept of Environment. DOE. 1994.
Paper Number: DOE
Corporate Author: Dept of the Environment Date Received: 13.10.1994 Date Laid: 13.10.1994 Date of Origin: 20.07.1994
Legislature: House of Commons (HoC)
Legislation: Wildlife and Countryside Act 1981 Commons Location: DEP/3 349 Lords Location: HINF 94/1742

Title/Description: Review of sales & related wildlife controls: Wildlife & Countryside Act 1981 proposed amendments to schedule 4: bird registration & ringing consultation paper.
Paper Number: DOE
Corporate Author: Dept of the Environment Date Received: 01.03.1994 Date Laid: 01.03.1994 Date of Origin: 21.02.1994
Legislature: House of Commons (HoC)
Legislation: Wildlife & Countryside Act 1981 Commons Location: DEP 10356

Title/Description: Wildlife & Countryside Act 1981/EC Birds Directive: proposed amendments in respect of the killing of pest bird species & the sale of the feral pigeon - consultation paper. DOE. 1992.
Paper Number: DOE
Corporate Author: Dept of the Environment Date Received: 31.07.1992 Date Laid: 31.07.1992 Date of Origin: 16.07.1992
Legislature: House of Commons (HoC)
Legislation: Wildlife & Countryside Act 1981 Commons Location: Dep 8230; Research Sc BIRDS Lords Location: HINF 92/0915

Title/Description: Wildlife and Countryside Act 1981: proposed amendments in respect of the killing of "opportunist" bird species and the sale of the feral pigeon consultation paper. DOE. 1990 Paper Number: DOE Corporate Author: Dept of the Environment Date Received: 15.10.1990 Date Laid: 15.10.1990 Date of Origin: 18.09.1990
Legislature: House of Commons (HoC)
Legislation: Wildlife & Countryside Act 1981 Commons Location: Dep 6355; Research Sc BIRDS

Title/Description: Wildlife & Countryside Act 1981: proposed changes to regulations under Sections 6 & 7 (registration of sellers of dead birds; ringing & registration of captive birds). Consultation letter and paper. DOE. 1990.
Paper Number: DOE
Corporate Author: Dept of the Environment Date Received: 19.04.1990 Date Laid: 19.04.1990 Date of Origin: 09.02.1990
Legislature: House of Commons (HoC)
Legislation: Wildlife & Countryside Act 1981 Commons Location: DEP 5903

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