Citation, commencement and extent

1.-(1) This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedules A1 and 1A) (Scotland) Order 2013 and comes into force on 16th March 2013.

(2) This Order extends to Scotland only.

Variation of Schedule A1

2. In Schedule A1(4) to the Wildlife and Countryside Act 1981 (protected nests and nest sites: birds), the following entry is inserted as the first entry-

Variation of Schedule 1A

3. In Schedule 1A(5) to the Wildlife and Countryside Act 1981 (birds which are protected from harassment), each of the following entries is inserted at the appropriate alphabetical place-

EXPLANATORY NOTE

(This note is not part of the Order)

Section 22(1)(a) of the Wildlife and Countryside Act 1981 ("the 1981 Act") provides for the variation of Schedules A1 and 1A to that Act by order.

Article 2 of this Order adds the golden eagle to Schedule A1 to the 1981 Act, which currently includes only the white-tailed eagle.

In accordance with section 1(1)(ba) of that Act, it is an offence for any person intentionally or recklessly to take, damage, destroy or otherwise interfere with any nest habitually used by any wild bird included in that Schedule, at any time other than while the nest is in use or being built. In contrast, section 1(1)(b) provides that it is an offence intentionally or recklessly to take, damage, destroy or otherwise interfere with the nest of any wild bird while that nest is in use or being built.

Article 3 of this Order adds the birds listed in that article to Schedule 1A to the 1981 Act, which currently includes only the white-tailed eagle. Section 1(5B) of that Act provides that it is an offence for any person intentionally or recklessly to harass any wild bird included in that Schedule.

No business regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.