Variations

Schedules of the Wildlife & Countryside Act 1981: Variations

The following section lists those variations that have affected the species listings of the Schedules to the Wildlife & Countryside Act 1981.

The date given is the date of the variation coming into force. The Schedules listed are those affected by the variations.

Variations to the Act

Date Number Title
1988 No. 288 The Wildlife & Countryside Act 1981 (Variations of Schedules) Order 1988.
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Date: 18th March 1988
Purpose: Adds to Schedule 5 a number of animals in danger of extinction or that are likely to become endangered unless conservation measures are taken for them.Adds to Schedule 8 31 species of vascular plant in danger of extinction or that are likely to become endangered unless conservation measures are taken for them.

Adds the Atlantic Stream Crayfish (Austropotamobius pallipes) to Schedule 5, but only in respect of Section 9(1) so far as it relates to taking and in respect of Section 9(5).

The viviparous lizard (Lacerta vivipara), the slow-worm (Anguis fragilis) and the grass snake (Natrix helvetica otherwise known as Natrix natrix) have their existing listing augmented to cover Section 9(1) so far as it relates to killing and injuring.

Removes 2 species from Schedule 5 that are no longer considered to be endangered or likely to become endangered.

Schedules: 5, 8
1989 No. 906 The Wildlife & Countryside Act 1981 (Variation of Schedule) Order 1989
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Date: 28th June 1989
Purpose: Adds 22 species of Butterfly to Schedule 5 in respect of sale (Section 9(5)) only that are endangered or likely to become so unless conservation measures are taken.
Schedules: 5
1991 No. 367 The Wildlife & Countryside Act 1981 (Variation of Schedule) Order 1991
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Date: 27th March 1991
Purpose: Adds 2 species of freshwater animals to Schedule 5 in respect of Section 9(1) that are endangered or likely to become so unless conservation measures are taken.Extends the protection of the Adder (Vipera berus) to protect it from killing and injury.
Schedules: 5
1992 No. 320 The Wildlife & Countryside Act 1981 (Variation of Schedule) Order 1991
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Date: 17th March 1992
Purpose: Adds to Part 1 of Schedule 9, 7 species of animal which may not be released or allowed to escape into the wild.Adds to Part 2 of Schedule 9, 8 species and one group of marine algae which may not be planted or otherwise caused to grow in the wild.
Schedules: 9.1, 9.2
1992 No. 2350 The Wildlife & Countryside Act 1981 (Variation of Schedules 5 & 8) Order 1992
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Date: 29th October 1992
Purpose: Adds to Schedule 5, 11 species of animal that are endangered or likely to become so unless conservation measures are taken.Adds to Schedule 5, in respect of Section 9.4(a) only, 1 species of animal that is endangered or likely to become so unless conservation measures are taken.

Adds to Schedule 5, in respect of Section 9(1), 9(2) and 9(5) only 1 species of animal that is endangered or likely to become so unless conservation measures are taken.

Extends the protection given to one species of animal under Schedule 5.

Adds, to Schedule 8, 78 (35 non-vascular & 43 vascular) species of plant that are endangered or likely to become so unless conservation measures are taken.

Removes from Schedule 8 three species of plant that are no longer endangered or likely to become so.

Schedules: 5, 8
1992 No. 2674 The Wildlife & Countryside Act 1981 (Variation of Schedule) (No. 2) Order 1992
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Date: 25th November 1992
Purpose: Adds to Part 1 of Schedule 9 the Barn Owl (Tyto alba).This makes the unlicensed release of barn owls into the wild an offence. This was due to the uncontrolled release of barn owls of unknown provenance into the wild which endangered the gene stock of native barn owls in addition to having animal welfare implications.
Schedules: 9.1
1992 No. 3010 The Wildlife & Countryside Act 1981 (Variation of Schedules 2 & 3) Order 1992
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Date: 1st January 1993
Purpose: Removed all 13 species from Part 2 of Schedule 2.Removes 1 species (the feral pigeon Columbia livia) from Part 2 of Schedule 3.

This implements the spirit of the Council Directive 79/409 on the Conservation of Wild Birds (The ‘Birds Directive’).

Schedules: 2.2, 3.2
1994 No. 1151 The Wildlife & Countryside Act 1981 (Variation of Schedule 4) Order 1994
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Date: 24th May 1994
Purpose: Removes from Schedule 4 a number of birds species.Adds to Schedule 4 the following statement ‘Any bird one of whose parents or other linial ancestor was a bird of a kind specified in the foregoing provisions of this Schedule.‘ thus extending the provision of the schedule to cover hybrids of birds specified.
Schedules: 4
1994 No. 1152 The Wildlife & Countryside (Registration and Ringing of Certain Captive Birds)(Amendment) Regulations 1994
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Date: 24th May 1994
Purpose: Regulations made under Section 7 (The Wildlife & Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982) as amended by The Wildlife & Countryside (Registration and Ringing of Certain Captive Birds)(Amendment) Regulations 1991 provide for the registration and, in certain cases, the ringing of captive birds listed in Schedule 4. The Wildlife & Countryside Act 1981 (Variation of Schedule 4) Order 1994 varied the listing of species in Schedule 4.The existing regulations are amended by these regulations to require every bird listed in Schedule 4 to be ringed with a ring obtained from the Secretary of State.
Schedules: 4
2001 No. 337 The Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001
Date: 24th May 1994
Purpose: These Regulations are being made to ensure compliance with Council Directive of 2nd April 1979 on the Conservation of Wild Birds (79/409/EEC) (O.J. L 103, 25.04.79, p.1) as amended by Commission Directive 91/244/EEC (O.J. No. L 115, 08.05.91, p.41), Council Directive 94/24/EC (O.J. No. L 164, 30.06.94, p.9) and Commission Directive 97/49/EC (O.J. No. L 223, 13.08.97, p.9).

The Regulations remove the capercaillie (tetrao urogallus) from Part I of Schedule 2 to the Wildlife and Countryside Act 1981 which contains the list of species which may be hunted in Scotland and place it in Part I of Schedule 1 to that Act which provides greater legal protection to the species by making offences involving the bird punishable by special penalties as described in Section 21 of the Wildlife and Countryside Act 1981.

The Regulations also remove the reference to capercaillie in the definition of “close season”, as set out in Section 2(4)(a) of the above Act, and remove the reference to capercaillie as a bird which may be sold from Schedule 3 of that Act.

Schedules: 1.1, 2.1
2008 No.2356
The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008 (also The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Wales) Order 2009 & The Wildlife and Countryside Act 1981 (Variation of Schedule 4) (Scotland) Order 2009)
Date: 1st Sept 2008
Purpose: Removes from Schedule 4 a number of birds species. Removes from Schedule 4 the following statement ‘Any bird one of whose parents or other lineal ancestor was a bird of a kind specified in the foregoing provisions of this Schedule.
Schedules: 4
2010 No.609 The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010
Date: 6th April 2010
Purpose: Schedule 9 (animals and plants to which section 14 applies)(3) to the Wildlife and Countryside Act 1981 is varied by adding 24 taxa to part 1 and removing taxa from part 1. This variation also adds plants to part 2 and removes Japanese Knotweed and Green Seafingers from Part 2.
Schedules: 9.1, 9.2

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