Statutory Instruments
1998 No. 878

WILDLIFE
The Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1998

Made
20th March 1998

Laid before Parliament
26th March 1998

Coming into force

For the purposes of article 2(2) as respects the entry relating to the Mussel, Freshwater Pearl (Margaritifera margaritifera)
27th March 1998

For all other purposes
16th April 1998

The Secretary of State—
having received a representation made jointly to him by the Nature Conservancy Councils(1);
having given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order;
being of the opinion that the animals and plants referred to in articles 2(1) and (2) and 3 of this Order are in danger of extinction in Great Britain or likely to become so endangered unless conservation measures are taken, and that the animal referred to in article 2(3) of this Order is no longer so endangered or likely to become so endangered;

in exercise of the powers conferred on him by section 22(3) of the Wildlife and Countryside Act 1981 and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) Order 1998.

(2) This Order shall come into force for the purposes of article 2(2) as respects the entry relating to the Mussel, Freshwater Pearl (Margaritifera margaritifera) on 27th March 1998 and for all other purposes on 16th April 1998.

(3) In this Order “the Act” means the Wildlife and Countryside Act 1981.

Variation of Schedule 5

2.—(1) The following animals are hereby added to Schedule 5 to the Act(2):

Common Name
Scientific Name

Beetle, Stag (in respect of section 9(5) only)
Lucanus cervus

Damselfly, Southern
Coenagrion mercuriale

Goby, Couch's
Gobius couchii

Goby, Giant
Gobius cobitis

Hydroid, Marine
Clavopsella navis

Moth, Fiery Clearwing
Bembecia chrysidiformis

Moth, Fisher’s Estuarine
Gortyna borelii

Mussel, Fan (in respect of section 9(1), (2) and (5) only)
Atrina fragilis

Shad, Twaite (in respect of section 9(4)(a) only)
Alosa fallax

Shark, Basking
Cetorhinus maximus

Vole, Water (in respect of section 9(4) only)
Arvicola terrestris

(2) The following entries are hereby added to Schedule 5 to the Act in substitution for the existing entries relating to Allis Shad (Alosa alosa)(3); Butterfly, Large Copper (Lycaena dispar); Butterfly, Marsh Fritillary (Eurodryas aurinia)(4); Mussel, Freshwater Pearl (Margaritifera margaritifera)(5):

Common Name
Scientific Name

Allis Shad (in respect of section 9(1) and (4)(a) only)
Alosa alosa

Butterfly, Large Copper
Lycaena dispar

Butterfly, Marsh Fritillary
Eurodryas aurinia

Mussel, Freshwater Pearl
Margaritifera margaritifera

(3) The Moth, Vipers Bugloss (Hadena irregularis)(6) is hereby removed from Schedule 5 to the Act.

Variation of Schedule 8

3.  The following plants are hereby added to Schedule 8 to the Act(7):

Common Name
Scientific Name

Anomodon, Long-leaved
Anomodon longifolius

Beech-lichen, New Forest
Enterographa elaborata

Bluebell (in respect of section 13(2) only)
Hyacinthoides non-scripta

Bolete, Royal
Boletus regius

Cladonia, Convoluted
Cladonia convoluta

Cut-grass
Leersia oryzoides

Deptford Pink (in respect of England and Wales only)
Dianthus armeria

Feather-moss, Polar
Hygrohypnum polare

Stack Fleawort, South
Tephroseris integrifolia (ssp maritima)

Fungus, Hedgehog
Hericium erinaceum

Goblin Lights
Catolechia wahlenbergii

Spike-rush, Dwarf
Eleocharis parvula

Moss, Flamingo
Desmatodon cernuus

Polypore, Oak
Buglossoporus pulvinus

Puffball, Sandy Stilt
Battarraea phalloides

Sulphur-tresses, Alpine
Alectoria ochroleuca

Threadmoss, Long-leaved
Bryum neodamense

Signed by authority of the Secretary of State

Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
20th March 1998

Explanatory Note

(This note is not part of the Order)
This Order, which applies throughout Great Britain (except as respects the Deptford Pink plant), varies Schedules 5 and 8 to the Wildlife and Countryside Act 1981, which list animals and plants protected under that Act.
Article 2 adds seven animals generally to Schedule 5, confers limited protection on four animals and extends the protection afforded to four animals. Article 2 also removes one animal from protection.
Article 3 adds seventeen plants to Schedule 8.
As respects the Mussel, Freshwater Pearl (Margaritifera margaritifera) this Order comes into force on 27th March 1998. The remainder of this Order comes into force on 16th April 1998.
Copies of Schedule 5 (the list of animals which are protected) and Schedule 8 (the list of plants which are protected) may be obtained, free of charge, from the Department for the Environment, Transport and the Regions, Room 902 Tollgate House, Houlton Street, Bristol BS2 9DJ.


(1)
The functions of the Nature Conservancy Councils under section 22(3) of the Wildlife and Countryside Act 1981 (c. 69) as amended by paragraph 11(5) of Schedule 9 to the Environmental Protection Act 1990 (c. 43) may, by virtue of section 22(3) of the 1981 Act and section 133 of the 1990 Act, be discharged only through the Joint Nature Conservation Committee.

(2)
Schedule 5 was varied by S.I. 1988/288, 1989/906, 1991/367, 1992/2350.

(3)
Allis Shad was added to Schedule 5, in respect of section 9(1) only, by S.I. 1991/367.

(4)
Butterfly, Large Copper and Butterfly, Marsh Fritillary were added to Schedule 5, in respect of section 9(5) only, by S.I. 1989/906.

(5)
Mussel, Freshwater Pearl was added to Schedule 5, in respect of section 9(1) so far as it relates to killing and injuring, by S.I. 1991/367.

(6)
Moth, Vipers Bugloss was added to Schedule 5 by S.I. 1988/288.

(7)
Schedule 8 was varied by S.I. 1988/288, 1992/2350.