All wild birds, their eggs, nests and chicks, are protected by the Wildlife and Countryside Act 1981. The term "wild bird" effectively applies to all native birds other than game birds.

The level of protection depends whether a bird is rare or endangered. Rarer species are afforded special protection. However, even the most common birds are still protected.

It is an offence to recklessly or intentionally disturb a rare species at or near its active nest or its dependant young. The act also makes it an offence to intentionally take an egg of a wild bird, to possess a wild bird's egg taken after the implementation of the 1982 Act, to intentionally and recklessly disturb a rare species at or near a nest with eggs or young, to attempt to commit an offence under the Act or to have items capable of being used to commit offences.

Offences against rare species are arrestable and we can apply for warrants to search premises where we believe such birds are present. Anyone convicted of offences against rare birds can face a custodial sentence or a fine.

It is not an offence under the Act for a person to take a sick or injured bird in order to tend to it and ensure its release back to the wild as soon as possible.  Neither is it an offence to  humanely kill a sick or injured bird that has no hope of recovery, or to kill or take a wild bird if it can be shown it was the incidental result of a lawful act, for example a road accident.

However, it is an offence for any person to have in their possession any live or dead bird or part thereof.

For more information log on to The Royal Society for the Protection of Birds website.