It is not only Scotland where it is illegal.
"The law prohibits intentional disturbance of any species included in Schedule 1 of the Wildlife and Countryside Act 1981. This applies while such a bird is
building a nest, or is in, on, or
near a nest containing eggs or young.
http://www.rspb.org.uk/Images/BIRDPHOT_tcm5-43180.pdf
I think the photographing of nests should be left to the professionals who know what they are doing, and who are fully licenced to do so. This will eliminate extra work for the staff of WAB, checking up on Schedule 1 species etc, and will also elimate any grey areas that may arise.
How do we know someone isn't close to the nest when claiming they are using a large zoom? We don't.
From the RSPB site: "The birds welfare must
always come first".
Let's remember, this is a Wildlife site, therefore I would imagine members consider the welfare of birds/mammals comes before the desire to get a nest photo posted in the
Gallery.
Let's face it, we don't know who will join as a member in the future. What if someone posts a nests pic, and swears that he/she followed the guidrlines? How do we know they have? People can say anything on the internet.