- a section 28G authority
means an authority to which section 28G applies.
- advertisement
includes a catalogue, a circular and a price list;
- advisory body
has the meaning given by section 23;
- agriculture Minister
means the Minister of Agriculture, Fisheries and Food or the Secretary of State;
- application
means an application under section 53(5);
- appointed person
means a person appointed under section 28F(8) or 28L(10);
- appropriate sheriff
means— (a) in a case where the appellant resides in Scotland, a sheriff or summary sheriff of the sheriffdom in which the appellant resides, or (b) in a case where the appellant resides outwith Scotland, a sheriff or summary sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh, • “relevant authority” means— (a) the Scottish Ministers, or (b) where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to licences, Scottish Natural Heritage, • “section 16AA licence” is to be construed in accordance with section 16AA(1).
- approved body
means a body approved by the appropriate conservation body for the purposes of this section;
- authorised person
means— (a) the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;
- aviculture
means the breeding and rearing of birds in captivity;
- bridleway
means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway;
- byway
means a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used.”
- byway open to all traffic
means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used;
- close season
means—
- contained holding
means closed facilities from which escape or spread is not possible, • “ex-situ conservation” means the conservation of components of biological diversity outside their natural habitat, • “invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Scottish list of species of special concern, • “research” means descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species, • Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time. • “specimen” means a live specimen and includes any part, gamete, seed, e
- council offices
means offices or buildings acquired or provided by the authority or by a local authority;
- Crown land
means an interest in land which—
- definitive map and statement
has the meaning given by section 53(1);
- domestic duck
means any domestic form of duck;
- domestic goose
means any domestic form of goose;
- Dwelling
means a building or structure, or part of a building or structure, occupied wholly or mainly as a dwelling.
- estuarial waters
has the meaning given by section 28(9A);
- ex-situ conservation
means the conservation of components of biological diversity outside their natural habitat, • “invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Scottish list of species of special concern, • “research” means descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species, • Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time. • “specimen” means a live specimen and includes any part, gamete, seed, egg or propagule of a species, as well as any hybrids, varieties or breeds that might grow,
- farm capital grant
has the same meaning as in section 32;
- firearm
has the same meaning as in the Firearms Act 1968;
- footpath
means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road;
- game bird
means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan;
- grant provisions
means—
- ground game
means hares and rabbits.
- Group 1 licence
means a licence authorising anything which would otherwise be a Group 1 offence.
- Group 1 offence
means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and • “Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.
- Group 2 licence
means a licence authorising anything which would otherwise be a Group 2 offence, and • “relevant registration” means a registration in accordance with regulations under section 7(1).
- Group 2 offence
means an offence under section 6, 7, 9(5), 13(2) or 14, • “Group 2 licence” means a licence authorising anything which would otherwise be a Group 2 offence, and • “relevant registration” means a registration in accordance with regulations under section 7(1).
- horse
includes a pony, ass and mule, and “horseback” shall be construed accordingly;
- inland waters
means— (a) inland waters within the meaning of the Water Resources Act 1991;
- inshore fisheries and conservation authority
means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;
- invasive alien species
means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Scottish list of species of special concern. • “the Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.
- Invasive Alien Species Regulation
means Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species, • “contained holding” means closed facilities from which escape or spread is not possible, • “ex-situ conservation” means the conservation of components of biological diversity outside their natural habitat, • “invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the Scottish list of species of special concern, • “research” means descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species, • Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien specie
- lawfully
means without any contravention of—
- limestone pavement
means an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion;
- list of species of special concern
means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council, as amended from time to time.
- livestock
includes any animal which is kept— (a) for the provision of food, wool, skins or fur;
- local authority
means— (a) in relation to England..., a county, district or London borough council...;
- London borough council
includes the Common Council of the City of London;
- modifications
includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;
- nature reserve
has the same meaning as in Part III of the 1949 Act.
- nature reserve agreement
has the same meaning as in Part 3 of the 1949 Act;
- occupier
includes
- order
means an order to which the provisions of this Schedule apply;
- pesticide
has the meaning given in the Food and Environment Protection Act 1985 (c. 48), and • “prescribed active ingredient” means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers.
- Plant
includes fungi and any reference to a plant includes a reference to—
- poultry
means domestic fowls, geese, ducks, guinea-fowls, pigeons and quails, and turkeys;
- premises
includes land (including buildings), movable structures, vehicles, vessels, aircraft and other means of transport;
- prescribed
means prescribed by regulations;
- prescribed active ingredient
means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers.
- public path
means a highway being either a footpath or a bridleway;
- recognised dairy breed
means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.
- regulations
means regulations made by the Secretary of State by statutory instrument;
- relevant authority
means— (a) the Scottish Ministers, or (b) where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to section 16AA licences, Scottish Natural Heritage, • “relevant offence” means an offence under— (a) Part 1 of this Act, (b) the Protection of Badgers Act 1992, (c) Part 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), (d) section 1 of the Wild Mammals (Protection) Act 1996, (e) section 19 of the Animal Health and Welfare (Scotland) Act 2006, (f) the Hunting with Dogs (Scotland) Act 2023.
- relevant licence
means, in relation to a facility—
- relevant licence or permit
means—
- relevant offence
means an offence under— (a) Part 1 of this Act, (b) the Protection of Badgers Act 1992, (c) Part 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), (d) section 1 of the Wild Mammals (Protection) Act 1996, (e) section 19 of the Animal Health and Welfare (Scotland) Act 2006, (f) the Hunting with Dogs (Scotland) Act 2023.
- relevant registration
means a registration in accordance with regulations under section 7(1).
- relevant registration or licence
means— (a) a registration in accordance with regulations under section 7(1);
- reporting period
means—
- research
means descriptive or experimental work, undertaken under regulated conditions to obtain new scientific findings or to develop new products, including the initial phases of identification, characterisation and isolation of genetic features, other than those features which make a species invasive, of invasive alien species only insofar as essential to enable the breeding of those features into non-invasive species, • Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time. • “specimen” means a live specimen and includes any part, gamete, seed, egg or propagule of a species, as well as any hybrids, varieties or breeds that might grow, hatch or reproduce, as the case may be, •...
- restricted article
means anything falling within subsection (1) or (1A) above. ”
- restricted byway
has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;
- review period
means—
- right of way to which this Part applies
means a right of way such that the land over which the right subsists is a public path or a byway open to all traffic;
- sale
includes hire, barter and exchange and cognate expressions shall be construed accordingly;
- Sample
means a sample of blood, tissue or other biological material.
- site of special scientific interest
means an area of land which has been notified under section 28(1)(b);
- Species
means any kind of animal or plant.
- specified
means specified in the requirement. 3B Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders and draft public path diversion orders as are prepared bv the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area;
- specimen
means a live specimen and includes any part, gamete, seed, egg or propagule of a species, as well as any hybrids, varieties or breeds that might grow, hatch or reproduce, as the case may be, •...
- Statutory undertaker
means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.
- the 1949 Act
means the National Parks and Access to the Countryside Act 1949;
- the 1968 Act
means the Countryside Act 1968;
- the 1976 Act
means that Act.
- the appropriate authority
means the Marine Management Organisation, but this is subject to subsection (8ZA).
- the appropriate conservation body
means—
- the appropriate Minister
means the Minister responsible for determining the application;
- the Broads
has the same meaning as in the Norfolk and Suffolk Broads Act 1988. • “the commencement date”, in relation to any provision of this Act and any area, means the date of the coming into force of that provision in that area;
- the English inshore region
has the meaning given by section 322 of the Marine and Coastal Access Act 2009.
- the GB conservation bodies
means— and references to a conservation body are to be read accordingly.
- the international trapping standards agreement
means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation.
- the ministerial authority
means—
- the relevant authority
means—
- The relevant conservation body
means—
- the relevant date
means the date of issue of the first guidelines under subsection (1B).
- the relevant provisions
means the provisions of this Part and of the Conservation of Wild Creatures and Wild Plants Act 1975
- the relevant Schedule
means—
- the restricted English inshore region
means so much of the English inshore region as lies to seaward of mean low water mark;
- the Scottish list of species of special concern
means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.
- the Wild Birds Directive
means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;
- tissue
means any type of biological material other than blood.
- vehicle
includes aircraft, hovercraft and boat;
- Wales
has the meaning given by section 158 of the Government of Wales Act 2006.
- wild animal
means any animal (other than a bird) which is or (before it was killed or taken) was living wild;
- wild bird
means any bird of a species which is ordinarily resident in or is a visitor to the United Kingdom orthe European territory of any member State in a wild state but does not include poultry or, except in sections 5 and 16, any game bird;
- wild plant
means any plant which is or (before it was picked, uprooted or destroyed) was growing wild and is of a kind which ordinarily grows in Great Britain in a wild state. • “wildlife inspector” has the meaning given by section 18A(1).
- wildlife inspector
has the meaning given by section 18A(1).