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    " (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

[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

  © Crown copyright 2004