(b)in the case of a continuous contravention, after the last date on which the offence was committed. It shall be a defence in proceedings for an offence under section 8(b) of the, the act alleged to constitute the offence was done under the authority of a licence granted under. 1. Exceptions from s. 1. 2(1)(m), F40 Words in s. 10(10) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. Cruelly ill-treat a badger. ]], F14Words in s. 8(1) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. (a)if they are of the kind mentioned in paragraph (a) of subsection (5) above, they shall not be placed in the entrances except on the day of the hunt or after midday on the preceding day; (b)if they are of the kind mentioned in paragraph (b) of that subsection, they shall not be placed in the entrances except on the day of the hunt and shall be removed on the same day. (a)takes no action other than obstructing such entrances; (b)does not dig into the tops or sides of the entrances; (c)complies with subsection (5) below as to the materials used for obstructing the entrances and with subsection (6) below as to how and when they are to be placed and removed; and, (d)is acting with the authority of the owner or occupier of the land and the authority of a recognised Hunt. . . 2011/279 , art. 2004/407, art. 2011/279, art. . 2011/433, art. 3 (with s. 12), A person is not guilty of an offence under section 4 above by reason of having a live badger in his possession or under his control if, (a)it is in his possession or under his control, as the case may be, in the course of his business as a carrier; or. Show Timeline of Changes: 2006/1382 , art. 2006/2541, art. Scottish Natural Heritage under subsection (1)(a) above is to be made by written direction; a local authority under subsection (1)(b) above is to be made by order made by statutory instrument. takes no action other than obstructing such entrances; does not dig into the tops or sides of the entrances; complies with subsection (5) below as to the materials used for obstructing the entrances and with subsection (6) below as to how and when they are to be placed and removed; and. . . See how this legislation has or could change over time. . any conditions specified in the licence were complied with. 33(9)(c)(i) , 43(1) (with s. 41(1) ); S.S.I. (b)a particular licence or type of licence; (3)Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type that were granted before the delegation. the individual (as well as the body corporate, Scottish partnership or, as the case may be, unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly. It is a serious offence to kill, injure or take a badger, or to damage or interfere with a sett unless a licence is obtained from a statutory authority. (2)[F24A licence may be granted to any person by the appropriate Minister authorising him, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence]. 2(1), sch. 33(9)(b) , 43(1) (with s. 41(1) ); S.S.I. 2005/910 , art. (3)A person guilty of an offence under section 1(5) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 46). In relation to Scottish Natural Heritage subsection (6) above shall have effect with the omission of the reference to subsection (2)(c) and (d). . A local authority which is delegated a function under subsection (1)(b) above must, before granting or modifying a licence, consult Scottish Natural Heritage. ], (6)[F18The materials shall not be packed hard into the entrances and. . Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Purpose Requirements: This Act aims to protect Badgers and their sets and consolidate the Badgers Act 1973 and 1991. 2(1)(m), F59 Word in s. 12(1A)(a) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , s. 33(9)(c)(ii) (A) 43(1) (with s. 41(1) ); S.S.I. Words in s. 1(1) repealed (S.) (1.10.2004) by. . Marking and ringing. 2011/279 , art. . [F4(3)A person is guilty of an offence if, except as permitted by or under this Act, the person knowingly causes or permits to be done an act which is made unlawful by subsection (1) above. (a)taking or attempting to take a badger which has been disabled otherwise than by his[F11 unlawful ] act and is taken or to be taken solely for the purpose of tending it[F12 and releasing it when no longer disabled ]; (b)killing or attempting to kill a badger which [F13appears to be so seriously injured or in such a condition that to kill it would be an act of mercy][F13 has been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of it recovering ]; (c)unavoidably killing or injuring a badger as an incidental result of a lawful action; (d)doing anything which is authorised under the M2Animals (Scientific Procedures) Act 1986. 4, 6(2), Sch. 12(1C)(1D) inserted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. . (2)A delegation may be, to any degree, general or specific and may in particular relate to. 10A inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. (with reg. . I1Act wholly in force at 16. 341 (with Sch. Keeping a badger as a pet or offering one for sale is an offence in the United Kingdom under the 1992 Protection of Badgers Act. Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type that were granted before the delegation. 6 para. . (a)an order for the destruction or other disposal of the dog; (b)an order disqualifying the offender, for such period as it thinks fit, for having custody of a dog. ), F32Words in s. 10(4)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2006/2541, art. ], (5)[F33 In this section the appropriate Minister means in relation to a licence for an area, (a)in England, the [F34Secretary of State]; and, (b)in Wales or in Scotland, the Secretary of State. 2011/279, art. If a person is found committing an offence under this section on any land it shall be lawful for the owner or occupier of the land, or any servant of the owner or occupier, or any constable, to require that person forthwith to quit the land and also to give his name and address; and if that person on being so required wilfully remains on the land or refuses to give his full name or address he is guilty of an offence. . . 2(1)(m), F34 Words in s. 10(5)(a) substituted (27.3.2002) by S.I. A person is not guilty of an offence under subsection (3) above if he shows that, the badger had not been killed, or had been killed otherwise than in contravention of the provisions of this Act or of the. . . (4)A person is not guilty of an offence under subsection (3) above if he shows that, (a)the badger had not been killed, or had been killed otherwise than in contravention of the provisions of this Act or of the M1Badgers Act 1973; or. purports to act in the capacity of a person so concerned. Geographical Extent: A sum ordered to be paid by an order under subsection (2)(b) above shall be recoverable summarily as a civil debt. . ], F5 S. 3 renumbered as s. 3(1) (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 2004/407, art. For further information see the Editorial Practice Guide and Glossary under Help. A person who is in possession, for the purposes of committing an offence under this Act, of anything capable of being used for committing the offence is guilty of the offence and is liable to be proceeded against and punished accordingly. 26(10) ; S.S.I. . 1 para. (6)A constable who enters any land in the exercise of a power conferred by this section, (i)be accompanied by any other persons; and. . Definitions 2. Act: functions transferred (W.) (1.7.1999) by, A person is guilty of an offence if, except as permitted by or under this Act, he wilfully kills, injures or takes. 26(11) ; S.S.I. 2(b), F6S. 26(3)(b); S.S.I. 2(1)(m), F60 Words in s. 12(1A)(a) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , s. 33(9)(c)(ii) (B) 43(1) (with s. 41(1) ); S.S.I. 137(a); S.I. . (4)A warrant under subsection (3) above continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify. (8)A sum ordered to be paid by an order under subsection (2)(b) above shall be recoverable summarily as a civil debt. (3)A person is guilty of an offence if, except as permitted by or under this Act, he has in his possession or under his control any dead badger or any part of, or anything derived from, a dead badger. 53, F24 Words in s. 10(2) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. . Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. (6)The Scottish Ministers may modify or revoke a direction under subsection (4)(a) above. . (b)section 2(1)(a) to (c) and (3) (in relation to an act made unlawful by section 2(1)(a) to (c)). Taking, injuring or killing badgers. S. 4 renumbered as s. 4(1) (S.) (29.6.2011) by. (with reg. Access essential accompanying documents and information for this legislation item from this tab. 2011/279, art. (b)an application for such a licence had been determined. 33(6)(b)(ii), 43(1) (with s. 41(1)); S.S.I. (2)[F2If, in any proceedings for an offence under subsection (1) above consisting of attempting to kill, injure or take a badger, there is evidence from which it could reasonably be concluded that at the material time the accused was attempting to kill, injure or take a badger, he shall be presumed to have been attempting to kill, injure or take a badger unless the contrary is shown.]. Setts are networks of underground tunnels in which badgers live. . 8(4)-(9) repealed (S.) (1.8.2002) by 2002 asp 6, s. 11, Sch. (1D)The provisions referred to in subsection (1C) are. (a)section 1(3), (5) and (6) (in relation to an act made unlawful by section 1(3)). (8)A constable leaving any land which has been entered in exercise of a power conferred by subsection (2) above or by a warrant under subsection (3) above, being either unoccupied land or land from which the occupier is temporarily absent, must leave it as effectively secured against unauthorised entry as the constable found it. (d)seize and detain for the purposes of proceedings under this Act any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 12(4) below. 11 substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. . unless the owner of the dog gives notice to the court which made the order that he does not intend to appeal against it. London Natural England ref: Natural England BM 6283 WC1N 3XX Tel. 2(1), sch. The Protection of Badgers Act 1992 (c. 51) This is an Act to consolidate the: Badgers Act 1973, the Badgers Act 1991 and Badgers (Further Protection) Act 1991. [F10(2)A person is guilty of an offence if, except as permitted by or under this Act, the person knowingly causes or permits to be done an act which is made unlawful by subsection (1) above. means, in relation to a licence for an area. 10. 2(1)(m), F71 Word in s. 13(1) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , s. 59(2) , Sch. 11 para. (ii)to interfere with any badger sett within an area specified in the licence by any means so specified; (b)for the purpose of any zoological gardens or collection specified in the licence, to take within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified; (c)for the purpose of ringing and marking, to take badgers within an area specified in the licence, to mark such badgers or to attach to them any ring, tag or other marking device as specified in the licence; (d)for the purpose of any development as defined in section 55(1) of the M3Town and Country Planning Act 1990 or, as respects Scotland, [F23section 26(1) of the Town and Country Planning (Scotland) Act 1997], to interfere with a badger sett within an area specified in the licence by any means so specified; (e)for the purpose of the preservation, or archaeological investigation, of a monument scheduled under section 1 of the M4Ancient Monuments and Archaeological Areas Act 1979, to interfere with a badger sett within an area specified in the licence by any means so specified; (f)for the purpose of investigating whether any offence has been committed or gathering evidence in connection with proceedings before any court, to interfere with a badger sett within an area specified in the licence by any means so specified. Return to the latest available version by using the controls above in the What Version box. ], F66 S. 12ZA inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16) , s. 107 , Sch. Date: 1992. (a)section 2(1)(d) above or section 2(3) above (in relation to an act made unlawful by section 2(1)(d) above);] F56 F56(b). 2020/379, reg. Powers of court where dog used or present at commission of offence. Reference: Chapter 51 (ISBN 0 10 545192 4) General Description: This Act seeks to consolidate, improve and re-enact previous legislation. (a)Scottish Natural Heritage under subsection (1)(a) above is to be made by written direction; (b)a local authority under subsection (1)(b) above is to be made by order made by statutory instrument. Protection of Badgers Act 1992 TB Area Control LICENCE . Protection of Badgers Act 1992 (c. 51) Document Generated: 2019-12-31 3 Changes to legislation: There are currently no known outstanding effects for the Protection of Badgers Act 1992. A person is not guilty of one of the above criminal offences if: 1. they are only taking or attempting to take a badger which has been disabled otherwise than by that persons act and is taking or attempting to take the badger solely for the purpose of tending it; 2. they kill or attempt to kill a badger which appears to b
5 Line Medevac,
Loaded Taco Fries Taco Bell Canada,
Canik Tp9sf Elite Recoil Spring,
Best Fortnite Build Settings Ps4,
Standing On The Promises Of God Devotional,
What Is A Gerund And Examples,
The Lion Guard Kion Gets Hurt Fanfiction,
How Many Rockets Can You Hold In Warzone,
Fried Milk Cake,