Information Sheet 1 - Possession, Competitions and Displays
This information sheet is intended as an informal guide to the basic requirements of the Wildlife & Countryside Act 1981 and the registration of Schedule 4 birds under that act.
You should seek your own independent legal advice on detailed points of law. However, we will try to offer advice if you contact us with specific queries.
The information on this page is available as a downloadable document here 
Possession
The law makes it an offence for a person to have in their possession, or under their control, any live or dead wild bird unless they can show that the bird was legally taken from the wild or legally sold to him. This does not apply to any bird that is captive-bred (bred from parents lawfully kept in captivity when the egg was laid).
The only species which may be legally taken from the wild without a licence are those species listed in Part I of Schedule 2 (see Note 2), but only outside the close season. The law does not cover game birds (see Note 3).
A person has not committed an offence under Section 1 of the Act if they can show that a bird is legally in their possession, or under their control, by proving that the bird is either captive-bred , legally imported, legally taken from the wild under licence or legally taken from the wild for treatment and subsequent release.
All birds listed on Schedule 4 must be registered with Wildlife Licensing and Registration Service if kept in captivity (see Information Sheet 2 and charges ).
There are also conditions on the size of cage in which any bird, excluding poultry, may be kept. The cage, or other receptacle, must be sufficient in height, length or breadth to permit a bird to stretch its wings freely unless: it is being moved by any means; it is being shown or exhibited - provided it is not so kept for any longer than 72 hours; it is undergoing treatment or examination by a vet; or it is being trained for exhibition (see Note 4) - provided it is not so kept for any longer than 1 hour in any period of 24 hours. Legislation concerning cruelty to animals is contained in the Protection of Animals Act 1911 and the Animal Welfare Act 2006.
Competitions
The law also says that those species of birds listed in Part I of Schedule 3 (see Note 5) may only be shown for the purpose of competition if they are captive-bred and wearing a close-ring. There is one exception to this, the Mealy Redpoll, which, by virtue of a general licence (see Note 6), may be exhibited provided it is captive-bred and wearing a 'C' size close-ring - internal diameter 2.5mm. A copy of this licence is available from Natural England (form no: WML GEN-L18).
Birds not wearing the correct size close ring, and/or one issued by the British Bird Council or International Ornithological Association will require an individual licence. This will include birds purchased from outside of the UK and not correctly rung with BBC or IOA rings of the correct size. All birds should carry documentary evidence of captive breeding.
Those birds listed on Schedule 4 may also be shown for the purposes of competition. Such birds must be captive bred, and be correctly registered.
Additionally, a general licence permits the exhibition of a number of captive bred birds (see Note 6) which, occasionally occur in the wild and as such would be defined under the law as wild birds. A copy of this licence is available from Natural England.(form no: WML GEN-L16).
Non-British species which fall outside the law’s definition of wild birds (see Note 1) can usually be exhibited. However, not if they are a hybrid species, one of whose parents is such a wild bird but not listed in Part I of Schedule 3, eg a Canary X captive-bred, close-ringed Goldfinch can be exhibited; a Canary X Robin can not. Individual Article 10 certificates will be required for the commercial display of specimens listed on Annex A of EC Regulation 318-2008, or for any hybrids, one of whose parents is an Annex A specimen (see Note 7).
A general licence permits the competitive showing of all other ‘wild birds’, apart from those listed on Annex A of EC Regulation 338/97, provided they are captive bred and close-ringed. A copy of this general licence is available from Natural England.(form no: WML GEN-L17).
Displays
Article 8 of EC Regulation 338/97 prohibits the display to the public, for commercial purposes, of birds listed on Annex A of this Regulation unless a certificate has been granted.
Notes
- 'Wild bird' means any bird of a species which is ordinarily resident in, or is a visitor to the European territory of an EU Member State, in a wild state, but does not include poultry or game birds.
- Species listed in Part I of Schedule 2 are Capercaillie, Coot, Tufted Duck, Gadwall, Goldeneye, Canada Goose, Greylag Goose, Pink-footed Goose, White-fronted Goose, Mallard, Moorhen, Pintail, Golden Plover, Pochard, Shoveler, Common Snipe, Teal, Wigeon and Woodcock.
- 'Game bird' means any Pheasant, Partridge, Grouse (or moor game), Black (or Heath) Game or Ptarmigan.
- Training for exhibition is permitted by general licence issued by Natural England (Form no: WML GEN-L19) , copies of which are obtainable from the National Wildlife Management Team :
- The list of Schedule 3 Part I birds is as follows: Blackbird, Brambling, Bullfinch, Reed Bunting, Chaffinch, Dunnock, Goldfinch, Greenfinch, Jackdaw, Jay, Linnet, Magpie, Barn Owl, Redpoll, Siskin, Starling, Song Thrush, Twite, and Yellowhammer. The Wildlife and Countryside (Ringing of Certain Birds) Regulations 1982 SI 1982 No 1220.
- A copy of this licence is obtainable from the National Wildlife Management Team :
- The list, including application forms and guidance notes, can be obtained by contacting us.
- Any reference to Article 8 and Article 10 shall mean Article 8 and Article 10 of Council Regulation (EC) 338/97
Contacts
National Wildlife Management Team
RDS,
Block 3
Room 1/39
Burghill Road
Westbury on Trym, Bristol
BS10 6NJTel: 0845 601 4523
Email: wildlife@naturalengland.org.uk
Page last modified:01 July 2008
Page published: 17 March 2008