Wildlife Act 1976

Sale, purchase and possession of certain perching birds prohibited.

31

31. (1) It shall be an offence for any person to sell, purchase or have in his possession a live perching bird to which this section applies other than a close-ringed specimen bred in captivity F80 [ ; but nothing in this subsection shall make unlawful the possession consequent upon the capture of any such bird pursuant to and in accordance with a licence or permission granted under this Act ].

(2) This section applies to any live perching bird (order Passeriformes) of a species which occurs in a wild state in the State, Northern Ireland, Great Britain, the Channel Islands or the Isle of Man and which is not a species specified in the Third Schedule to this Act.

(3) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that—

( a) he lawfully acquired the relevant perching bird before the commencement of this section, or

( b) he lawfully acquired such bird from a person who so acquired it before such commencement.

(4) In this section “ close-ringed specimen” means a specimen of live perching bird (order Passeriformes) fitted with a continuous metal band or ring which has been slipped over its foot and on to its leg F81 [ not later than 10 days after it has been hatched. ]