Legal To Sell

Des Prior made this Freedom of Information request to Animal Health

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Animal Health did not have the information requested.

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

access 2info (AH), Animal Health

1 Attachment

Thank you for your e-mail. We are dealing with your enquiry and will
respond to it as per the timescales below.

If your enquiry is in relation to:

. Parliamentary Questions - A response will be sent in timescale
requested.

. Minister's Correspondence - A response will be sent in 15 working
days unless otherwise specified.

. Deal With Officially - Items may be forwarded to the relevant
Animal Health Office or Business Unit (within 3 days). Where items are
dealt with by Access2Info a response will be issued within 15 working
days. If forwarded a response will be issued within 15 working days from
receipt of the forwarded item.

. Freedom of Information/Data Protection/Environmental Information
Requests - A response will be sent within 20 working days.

. Complaints - A response will be sent within 15 working days.

In the event of a response not being available within the above timescale
you will be informed of this.

[1]Picture (Device Independent Bitmap)

Animal Health

Corporate Office
Block C, Spur 3
Whittington Road

WORCESTER
WR5 2LQ

T: 01905 763355
E: [2][Animal Health request email]

Animal Health

This email and any attachments is intended for the named recipient only.
If you have received it in error you have no authority to use, disclose,
store or copy any of its contents and you should destroy it and inform the
sender.
Whilst this email and associated attachments will have been checked for
known viruses whilst within Animal Health's systems we can accept no
responsibility once it has left our systems.
Communications on Animal Health's computer systems may be monitored and/or
recorded to secure the effective operation of the system and for other
lawful purposes.

References

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2. mailto:[Animal Health request email]

Stewart, Norrie (AH), Animal Health

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/cit...

regards

Norrie Stewart

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

E: [email address]

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Dear Stewart, Norrie (AH),
Please could you read the question i have asked again i have changed it slightly to make it a little more clear.
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.
And If that person
then wish to sell that bird without applying for a WML A-20 licences he would not be guilty of an offence because he legally imported that bird?

Yours sincerely,

Des Prior

Dear Animal Health,
Please could you tell me When will i get a reply to my questions

Yours faithfully,

Des Prior

access 2info (AH), Animal Health

1 Attachment

Thank you for your e-mail. We are dealing with your enquiry and will
respond to it as per the timescales below.

If your enquiry is in relation to:

. Parliamentary Questions - A response will be sent in timescale
requested.

. Minister's Correspondence - A response will be sent in 15 working
days unless otherwise specified.

. Deal With Officially - Items may be forwarded to the relevant
Animal Health Office or Business Unit (within 3 days). Where items are
dealt with by Access2Info a response will be issued within 15 working
days. If forwarded a response will be issued within 15 working days from
receipt of the forwarded item.

. Freedom of Information/Data Protection/Environmental Information
Requests - A response will be sent within 20 working days.

. Complaints - A response will be sent within 15 working days.

In the event of a response not being available within the above timescale
you will be informed of this.

[1]Picture (Device Independent Bitmap)

Animal Health

Corporate Office
Block C, Spur 3
Whittington Road

WORCESTER
WR5 2LQ

T: 01905 763355
E: [2][Animal Health request email]

Animal Health

This email and any attachments is intended for the named recipient only.
If you have received it in error you have no authority to use, disclose,
store or copy any of its contents and you should destroy it and inform the
sender.
Whilst this email and associated attachments will have been checked for
known viruses whilst within Animal Health's systems we can accept no
responsibility once it has left our systems.
Communications on Animal Health's computer systems may be monitored and/or
recorded to secure the effective operation of the system and for other
lawful purposes.

References

Visible links
2. mailto:[Animal Health request email]

Stewart, Norrie (AH), Animal Health

3 Attachments

Dear Mr Prior,

Thank you for your recent correspondence received via the whatdotheyknow website 15 October 2010.

Animal Health sent a reply on 22 September 2010 to your request "request-47900-adb8a470" which we received on the 22 September 2010. Please see the attached copy of Animal Health's response. I also a copy of our original email.

This provides you with information on how to apply for licences for schedule 3 birds from Natural England and also further useful information. Please note that you should apply to Natural England for any further information or licences you require.

Regards

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

show quoted sections