Statutory guidance

Licence for an authorised person to keep disabled Schedule 4 wild birds for rehabilitation (GL07)

Updated 1 January 2024

Applies to England

General licence GL07: to keep wild-bred birds of species listed on Schedule 4 for the purposes of conserving wild birds by rehabilitation.

Overview

This licence permits Authorised Persons to keep any disabled bird listed on Schedule 4 of the Wildlife and Countryside Act 1981 (as amended) for up to 15 days without needing to register it for the purposes of rehabilitation with a view to releasing it when it is no longer disabled. Users must comply with the terms and conditions.

A separate licence (WML-GL08) permits veterinary surgeons and practitioners to keep any disabled bird listed on Schedule 4 of the Wildlife and Countryside Act 1981 (as amended) for up to six weeks without needing to register it.

Registration: Users do not need to register to use this licence.

Recording and reporting: There is a data recording requirement.

Reference: WML – GL07.

Legislation

Statute(s) Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’).

Section(s) This licence is issued under sections 16(1)(c) and 16(5).

Licence terms and conditions

Valid for the period: 1 January 2024 to 31 December 2024 (inclusive).

Area valid in: All counties of England (landward of the mean low water mark).

Purpose(s) for which this licence is issued: Conserving wild birds.

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purpose stated above, this licence permits Authorised Persons to keep or have in their possession or under their control a disabled wild-bred Schedule 4 bird* solely for the purpose of tending it and releasing it when it is no longer disabled.

This licence only has effect in respect of the period of 15 days commencing with the day on which the Authorised Person takes into his possession or controls the disabled wild-bred Schedule 4 bird.

Who can use this licence

This licence can only be used by Authorised Persons* except those convicted on or after 1 January 2010 of a wildlife crime* unless, in respect of that offence, either:

• they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent, or
• a court has made an order discharging them absolutely

Any application by a person to whom this exclusion applies for an individual licence will be considered on its merits.

*: see Definitions

Definitions used in this licence

“Wild bird” has the same meaning as in section 27 of the 1981 Act

“A wild-bred Schedule 4 bird” means a wild bird included in Schedule 4 to the 1981 Act other than a bird treated as bred in captivity within the meaning of section 27(2) of the 1981 Act.

An “Authorised Person” is any person who:

a. at the date of this licence was a holder of a licence to keep birds issued under section 16(1)(c) to disapply section 7(1)-(2) of the 1981 Act with an expiry date of 31 January 1996

b. has been a registered keeper of three disabled wild-bred Schedule 4 birds pursuant to section 7(1)-(2) of the 1981 Act and the regulations made under it, and who has subsequently notified the Secretary of State that such birds have been released into the wild

c. is an Inspector of the Royal Society for the Prevention of Cruelty to Animals, or

d. is an official of the Royal Society for the Protection of Birds.

“Wildlife crime” means any offence under the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981, the Protection of Badgers Act 1992, the Deer Act 1991, the Hunting Act 2004, the Wild Mammals (Protection) Act 1996, the Animal Welfare Act 2006, the Protection of Animals Act 1911 (all as amended) or the Invasive Alien Species (Enforcement and Permitting) Order 2019.

Licence conditions

1. This licence shall not apply to any person who would be guilty of an offence under section 7(3) by having in their possession or control any bird listed on Schedule 4.

2. The Authorised Person shall, within four days commencing with the day on which he takes into his possession or control a disabled wild-bred Schedule 4 bird, notify that fact in writing to:
   

Centre for International Trade – Bristol
Animal and Plant Health Agency
Horizon House
Deanery Road
Bristol
BS1 5AH

Email: wildlife.licensing@apha.gsi.gov.uk.

3. Within 15 days of a person first keeping, or having in his possession or control, any disabled wild-bred Schedule 4 bird, that person shall, unless it was necessary humanely to kill the bird within the circumstances set out in section 4(2)(b) of the 1981 Act, either:

i. release that bird into the wild, or

ii. pass that bird to a veterinary surgeon or veterinary practitioner, who may keep the bird for a period of six weeks under licence WML-GL08 without the requirement to ring or register the bird, provided that the bird is receiving professional veterinary treatment, or

iii. register the bird in accordance with section 7(1)-(2) of the 1981 Act and the regulations made under it.

In such a case, the Secretary of State may require, with the application for registration, a certificate by a qualified veterinary surgeon or veterinary practitioner that it is not possible to return the bird to the wild within the 15 days because of its injuries or illness.

4. The Authorised Person shall keep a record of each such disabled wild-bred Schedule 4 bird coming into their possession or control. That record shall contain the following information:

i. the species of bird, and the date it was taken into possession or control by the Authorised Person

ii. the name and address of the person from whom the bird was received (if applicable), and the time and place the bird was taken from

iii. the injuries sustained by the bird at the time the Authorised Person took it into possession or control; iv. the cause of those injuries (if known)

v. the date and place that the bird was released back into the wild (if applicable) or disposed by whatever means, and

vi. the name of the person to whom the bird has been passed to (if applicable)

5. The record shall be retained for a period of 24 months from the date the bird came into the possession or control of the Authorised Person.

6. If the bird is transferred to another person, detailed in Condition 3, a copy of the record shall be transferred with the bird.

7. On being given reasonable notice in writing by the Secretary of State, the licensed person shall produce the record referred to in Condition 4 to a person authorised in writing by the Secretary of State.

Welfare and releasing

8. All relevant animal welfare legislation must be complied with at all times, including the Animal Welfare Act 2006 (see Information and Advice note f).

9. Every effort must be made to ensure that any disabled wild-bred Schedule 4 bird falling within the terms of this licence does not become imprinted or otherwise rendered unfit, as a consequence of being in captivity, for subsequent release back into the wild.

10. Birds must be released or replaced at or as close as possible to the location from which they were taken or restrained, but may be released up to one kilometre from this place if releasing at the source location is not possible or would not be safe.

11. The prior permission or authority of the landowner of the release location is required for the release.

12. Natural England must be notified within 5 working days if, on your site, you find:

• 1 or more dead birds of prey (such as an owl, hawk or buzzard)
• 3 or more dead birds that include at least 1 gull, swan, goose or duck
• 5 or more dead wild birds of any species

Only report birds that have died by unknown causes, not by licensed action.

Notify Natural England by emailing wildlife@naturalengland.org.uk.

You should also report dead wild birds to the Department for Environment, Food and Rural Affairs. See avian influenza advice note for more information.

Important

This licence authorises acts that would otherwise be offences under the legislation referred to above. Failure to comply with its terms and conditions:

i. may be an offence against the 1981 Act or mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the 1981 Act is, at the time of the issue of this licence, an unlimited fine and/or a six month custodial sentence

ii. may result in your permission to use this licence being withdrawn. Natural England will inform any person or organisation whose permission to use this licence is withdrawn in writing. This sanction may be applied to other similar licences, and

iii. may mean that you are not able to rely on this licence as a defence in respect to the prohibitions within the Animal Welfare Act 2006 or the Wild Mammals (Protection) Act 1996.

If the activity that you wish to undertake is not covered by this licence, or if you are unable to comply with any of the terms and conditions which apply to the use of this licence, then you will need to apply to Natural England for an individual licence

Issued by and on behalf of Natural England on 1 January 2024.

Information and advice specific to this licence

Avian influenza

Avian influenza (bird flu) is a notifiable animal disease. You should use the online service to report dead wild birds if you find:

• 1 or more dead birds of prey (such as an owl, hawk or buzzard)
• 3 or more dead birds that include at least 1 gull, swan, goose or duck
• 5 or more dead wild birds of any species

Releasing animals into the wild

a. Animals should be released at a location and a time where the risk of injury to themselves, other animals or people is minimised.

b. Disabled animals taken for the purpose of tending (rehabilitation) should be kept in accordance with recognised good practice to ensure, as far as possible, that they are released in a healthy and disease-free state.

c. Prior to release, the licensee must be satisfied that the animal is fit for release into the wild.

The law

d. Natural England has issued this licence in exercise of the powers conferred by the 1981 Act. Visit www.legislation.gov.uk to view the full text of this legislation.

e. Section 16 of the 1981 Act provides that the offences in Part 1 of the 1981 Act shall not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority, which is, in England, Natural England.

Relevant legislation and good practice

f. Persons acting under a licence should have regard to legislation and good practice relevant to the action(s) undertaken, including animal welfare and the Animal Welfare Act 2006. It is an offence to cause any unnecessary suffering to an animal (including birds) under the control of man (section 4 of the 2006 Act). This applies to the humane despatch of captured animals and the treatment of animals held in traps or nets, including decoy birds and non-target animals. The application of Animal Welfare Act 2006 to wildlife management activities is explained in Natural England leaflet Wildlife Management Advice Note: The Animal Welfare Act 2006: what it means for wildlife (WML-GU02).

Information and advice for all Class and General Licences

General information

g. Ordinarily, licences will be reissued on 1 January each year. You do not need to re-register for those with registration requirements. Please note, however, that they can be modified or revoked at any time by Natural England or the Secretary of State, but this will not be done unless there are good reasons for doing so. You are advised to check the terms and conditions of a licence prior to your first use of it each year in case of amendments.

h. The common name of the species given in a licence is included by way of guidance only; in the event of any dispute or proceedings, it is the scientific name of a species only that will be taken into account.

The limits of licences

i. Licences permit action only for the purposes specified on that licence.

j. Licences do not permit actions prohibited under any other legislation, nor do they confer any right of entry upon land.

k. Unless otherwise stated the provisions of Natural England licences only apply landward of the mean low water mark in England. The Marine Management Organisation is responsible for all licensing seaward of the mean low water mark.

Protected sites

l. You can search for and view details about all SSSIs by using Natural England’s Designated Sites system. The notification documents for each SSSI contain a list of operations that require Natural England’s prior consent. Owners and occupiers of land notified as SSSIs are required to give written notice to Natural England before either beginning any of these operations, or allowing someone else to carry out those operations. SSSI consent can only be given to a SSSI owner or occupier. It may be given with or without conditions, or in some cases, consent may not be granted. A similar process applies to public bodies and statutory undertakers (as defined under Section 28G of the Wildlife and Countryside Act 1981 (as amended)) and this obligation applies even where the operations are carried out on land outside of the SSSI.

m. Please note that as the licensee you will not be able to undertake the licensed activity on a SSSI until the owner or occupier of the SSSI has applied for, and received, Natural England’s written SSSI consent. If you do so, you may be at risk of committing an offence. As the licensee, if you wish to exercise this licence on a SSSI you must contact the relevant owners or occupiers of the SSSI and ensure they give written notice to Natural England of their proposal to permit you to carry out licensed activity on their SSSI. You should wait until a SSSI consent decision has been received by the SSSI owner/occupier before you begin to exercise this licence on a SSSI. See GOV.UK for further information on how to get SSSI consent from Natural England.

n. In considering whether to issue consent or assent for activities likely to affect a SSSI that is a European Site, in other words a Special Protection Area (SPA) or Special Area of Conservation (SAC), Natural England will carry out a Habitats Regulations Assessment, as required by the Conservation of Habitats and Species Regulations 2017 (as amended) to ensure there will be no adverse effects on the European Site.

Contact Natural England For licensing enquiries

Telephone: 020 802 61089

Email: wildlife.scicons@naturalengland.org.uk

Wildlife Licensing, Operations Delivery
Natural England
Horizon House
Deanery Road
Bristol
BS1 5AH

For other enquiries use the Enquiry Service

Telephone: 0300 060 3900

Email: enquiries@naturalengland.org.uk

Website: https://www.gov.uk/government/organisations/natural-england

WML-GL07 [version January 2024]