‘Schedule 1’ generally refers to birds and their young, for which it is an offence to intentionally or recklessly disturb at, on or near an ‘active’ nest
- The best way to understand disturbance, whether intentional or reckless (ie pursuing a course of action while consciously disregarding the fact that the action gives rise to a substantial and unjustifiable risk), is to think that it includes any action that causes a nesting Schedule 1 bird to behave differently to how it would behave if that individual wasn’t there.
- This includes getting too close and flushing, alarming, or causing a nesting bird listed on Schedule 1 to stop what it was doing; and/or using a recording/tape lure that causes a nesting bird listed on Schedule 1 to react in any way at all – whether that behaviour is a ‘normal’ response to hearing the call or not.
- It is not an excuse for a person to claim that they thought that no nesting activity was taking place.
In basic terms if an individual does anything that intentionally or recklessly causes any of the birds listed below (whether a nesting adult or young in the nest) to change behaviour then that individual is breaking the law.
For information on the law and photographing Schedule 1 birds please go here
Capercaillie (in Scotland)
Crossbill (all species)
Diver (all species)
Harriers (all species)
Plover, Little Ringed
Page updated January 2015
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