| Guvnor

Enforced by: NatureScot
Status: In Force
Penalty ceiling: Prosecution 8 of 10 obligations carry a criminal penalty. 1 carries different penalties and 1 has no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person8 Director or Officer1

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Defined expressions

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.001 Defined expressions in this Act

Part 2

Wildlife under the 1981 Act

7 of 24 sections shown

s.006 Protection of wild hares etc. Regulated

Kill, injure or take wild animal during close seasonAny Person

s.007 Prevention of poaching: wild hares, rabbits etc. Regulated

Kill, injure or take protected wild hares or rabbits without permissionAny Person

s.008 Sale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully Regulated

Possess, sell or advertise wild hares/rabbits taken unlawfullyAny Person

s.016 Species control orders etc. Regulated

Breach species control orderAny Person

s.021 Offence of knowingly causing or permitting certain offences under the 1981 Act Regulated

Knowingly cause or permit certain wildlife offencesAny Person

s.023 Offences by Scottish partnerships etc. Regulated

Partners/managers liable for wildlife offences they consented to or neglectedAny Person

s.024 Liability in relation to certain offences by others Regulated

Be liable for wild bird offence committed by your employee, agent or contractorAny Person

17 other sections in this Part — procedural and definitional

s.002 Application of the 1981 Act to game birds

s.003 Protection of game birds

s.004 Areas of special protection for wild birds

s.005 Sale of live or dead wild birds, their eggs etc.

s.009 Wild hares, rabbits etc.: licences

s.010 Wild hares, rabbits etc.: power to vary Schedules to the 1981 Act and prescribe close seasons

s.011 Wild hares and rabbits: miscellaneous

s.012 Single witness evidence in certain proceedings under the 1981 Act

s.013 Snares

s.014 Non-native species etc.

s.015 Non-native species etc.: code of practice

s.017 Non-native species etc.: further provision

s.018 Licences under the 1981 Act

s.019 Amendment of Schedule 6 to the 1981 Act

s.020 Annual report on wildlife crime

s.022 Wildlife inspectors etc.

s.025 Modifications and repeals relating to Part 2 and game licensing

Part 3

Deer

1 of 7 sections shown

s.032 Offences by bodies corporate, Scottish partnerships etc. under the 1996 Act Regulated

Consent to or neglect an offence by your businessDirector or Officer

6 other sections in this Part — procedural and definitional

s.026 Deer management etc.

s.027 Deer management code of practice

s.028 Control agreements and control schemes etc.

s.029 Deer: close seasons etc.

s.030 Register of persons competent to shoot deer etc.

s.031 Action intended to prevent suffering

Part 4

Other wildlife etc.

0 of 3 sections shown

3 other sections in this Part — procedural and definitional

s.033 Protection of badgers

s.034 Muirburn

s.035 Offences by bodies corporate, Scottish partnerships etc. under the 1946 Act

Part 5

Biodiversity

1 of 1 section shown

s.036 Reports on compliance with biodiversity duty Regulated

Other duties (1) — Crown / regulator

Public bodies must publish biodiversity reports within 3 yearsCrown / Minister / Government department

Part 6

Sites of special scientific interest

1 of 4 sections shown

s.040 Restoration notices Prosecution

Fail to comply with a restoration noticeAny Person

Unlimited fine

3 other sections in this Part — procedural and definitional

s.037 Combining sites of special scientific interest

s.038 Denotification of SSSIs: damage caused by authorised operations

s.039 SSSIs: operations requiring consent

Part 7

General

0 of 3 sections shown

3 other sections in this Part — procedural and definitional

s.041 Crown application

s.042 Ancillary provision

s.043 Commencement and short title

Help complying

Guvnor’s practical routes through this instrument.

Development affecting protected species in Scotland

Learning path for developers whose projects may affect protected species in Scotland. Covers the legal framework, ecology surveys, NatureScot species licensing, offences …

Farming on SSSI land in Scotland

A learning path for Scottish farmers and land managers with SSSI-designated land - understand your conservation obligations, manage deer and muirburn lawfully, …

Responding to NatureScot enforcement action

What to do if NatureScot takes enforcement action against your business for a wildlife or habitat offence in Scotland. Covers species offences, …

Apply for a species licence from NatureScot

How to apply for a NatureScot species licence when your business activities could affect protected species in Scotland. Covers European Protected Species …

Deer management obligations in Scotland

Guide to deer management obligations in Scotland under the Deer (Scotland) Act 1996, covering female deer close seasons (male close seasons were …

Invasive species obligations in Scotland

Your legal obligations regarding invasive non-native species in Scotland. Covers criminal offences under the Wildlife and Countryside Act 1981, Schedule 9 species, …

Protected species offences and penalties in Scotland

Quick reference for criminal offences and penalties relating to protected species in Scotland. Covers European Protected Species, Wildlife and Countryside Act offences, …

Understanding nature conservation law in Scotland

How Scotland's nature conservation framework works, why it differs from England and Wales, and what it means for businesses operating in Scotland. …

Wildlife management and muirburn licensing in Scotland

How the Wildlife Management and Muirburn (Scotland) Act 2024 changes wildlife management practices in Scotland. Covers the new muirburn licensing regime, trap …

1 more guide that reference this instrument

Ecology survey requirements for construction in Scotland

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

WNESA 2011

Does it bind you?

Other Acts binding the same actors

What it requires

Defined expressions

Wildlife under the 1981 Act

Deer

Other wildlife etc.

Biodiversity

Sites of special scientific interest

General

Help complying

Development affecting protected species in Scotland

Farming on SSSI land in Scotland

Responding to NatureScot enforcement action

Apply for a species licence from NatureScot

Deer management obligations in Scotland

Invasive species obligations in Scotland

Protected species offences and penalties in Scotland

Understanding nature conservation law in Scotland

Wildlife management and muirburn licensing in Scotland