Wildlife and Countryside Act 1981

Changes over time for: Section 11

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Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.

Changes to legislation:

Wildlife and Countryside Act 1981, Section 11 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Section 11:

s. 11(1A) repealed by 2024 asp 4 s. 6(2)(b)
s. 11(2)(a) words repealed by 2024 asp 4 s. 6(2)(c)(i)
s. 11(3C) words substituted by 2024 asp 4 s. 6(2)(d)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 11(1)(ab)-(ad) substituted for s. 11(1)(a)(aa) by 2024 asp 4 s. 6(2)(a)
s. 11(2)(aa)(ab) inserted by 2024 asp 4 s. 6(2)(c)(ii)
s. 11(2A) inserted by 2024 asp 4 s. 1(6)(b)
s. 11(3CA) inserted by 2024 asp 4 s. 6(2)(e)
s. 12A-12G and cross-heading inserted by 2024 asp 4 s. 7(2)
s. 16(1A)(c)(d) inserted by 2024 asp 4 s. 6(4)(a)(ii)
s. 16A(ab) inserted by 2024 asp 4 s. 7(4)(b)
s. 16A(1A) inserted by 2024 asp 4 s. 7(4)(a)
s. 16A(5B) inserted by 2024 asp 4 s. 7(4)(c)
s. 21(ga)(gb) inserted by 2024 asp 4 s. 7(6)
s. 26(2)(c) inserted by 2024 asp 4 s. 7(7)(a)(ii)
s. 26(2)(f) and word inserted by 2024 asp 4 s. 6(7)(a)
s. 26(3)(c) inserted by 2024 asp 4 s. 7(7)(b)(ii)
s. 26(3)(f) and word inserted by 2024 asp 4 s. 6(7)(b)
s. 53(3)(c)(ia) inserted by 2015 c. 20 Sch. 7 para. 2(b)
s. 53B(4A)(4B) inserted by 2015 c. 20 Sch. 7 para. 4
s. 53ZA inserted by 2015 c. 20 Sch. 7 para. 3
s. 54B 54C inserted by 2015 c. 20 Sch. 7 para. 5
Sch. 13A inserted by 2015 c. 20 Sch. 7 para. 6
Sch. 14A inserted by 2015 c. 20 Sch. 7 para. 7

11 Prohibition of certain methods of killing or taking wild animals.E+W

(1)Subject to the provisions of this Part, if any person—

(a)sets in position [F2otherwise than in Wales] any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith;

(b)uses [F3otherwise than in Wales] for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as aforesaid, any bow or cross-bow or any explosive other than ammunition for a firearm; F4 . . .

[F5(ba)sets in position in Wales any snare, or other cable restraint, which is of such a nature and so placed as to be likely to cause bodily injury to any wild animal coming into contact with it;

(bb)uses in Wales for the purpose of killing or taking any wild animal any snare, or other cable restraint, whether or not of such a nature or so placed as aforesaid;

(bc)sets in position in Wales any glue trap which is of such a nature and so placed as to be likely to catch any animal coming into contact with it;

(bd)uses in Wales for the purpose of killing or taking any animal any glue trap, whether or not of such a nature or so placed as aforesaid;]

[F6(be)uses in Wales for the purpose of killing or taking any wild animal any bow or cross-bow or any explosive other than ammunition for a firearm;]

(c)uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, [F7; or

(d)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,]

he shall be guilty of an offence.

[F8(2)Subject to the provisions of this Part, a person shall be guilty of an offence if that person—

(a)uses [F9, otherwise than in Wales,] any trap or snare [F10, or in Wales, any trap other than a glue trap,] for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;

(b)sets in position [F11, otherwise than in Wales,] any trap or snare [F12, or in Wales, any trap other than a glue trap,] of such a nature and so placed as to be—

(i)in England F13..., calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;

(ii)in Scotland [F14or Wales], likely to cause bodily injury to any such wild animal;

(c)sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—

(i)in England F15..., calculated to cause bodily injury to any wild animal included in Schedule 6;

(ii)in Scotland [F16or Wales], likely to cause bodily injury to any such wild animal;

(d)uses for the purpose of killing or taking any wild animal included in Schedule 6—

(i)any electrical device for killing or stunning;

(ii)any poisonous, poisoned or stupefying substance;

(iii)any net;

(iv)any automatic or semi-automatic weapon;

(v)any device for illuminating a target or sighting device for night shooting;

(vi)any form of artificial light or any mirror or other dazzling device;

(vii)any gas or smoke not falling within sub-paragraph (ii);

(viii)any sound recording used as a decoy; or

(ix)any mechanically propelled vehicle in immediate pursuit of any such animal;

(e)uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or

(f)knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).]

(3)Subject to the provisions of this Part, if any person—

(a)sets in position [F17or knowingly causes or permits to be set in position] [F18, otherwise than in Wales,] any snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; and

(b)while the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day,

he shall be guilty of an offence.

(4)The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.

(5)In any proceedings for an offence under subsection (1)(b) [F19(ba), (bb)] or (c) or [F20(2)(a), (d) or (e)], [F21and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs] the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

(6)In any proceedings for an offence under [F22subsection (2)(b) or (c)] it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in [F23the relevant Schedule].

F24[(7)In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in [F25subsection (2)(b) or (c)] it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in [F26the relevant Schedule].]

[F27(7ZA)For the purposes of paragraphs (bc) and (bd) of subsection (1), “animal means a vertebrate (other than a human).]

[F28(7A)In subsections (6) and (7), “the relevant Schedule” means—

(a)where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;

(b)where proceedings relate to an offence under subsection (2)(c), Schedule 6.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F2Words in s. 11(1)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(a), 56(2)(d)

F3Words in s. 11(1)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(b), 56(2)(d)

F4 Word "or" in s. 11(1)(b) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(a), 3(3).

F5S. 11(1)(ba)-(bd) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(a), 56(2)(d)

F6S. 11(1)(be) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(c), 56(2)(d)

F7 Word "or" and s. 11(1)(d) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(b), 3(3).

F8S. 11(2) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(2)

F9Words in s. 11(2)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(a)(i), 56(2)(d)

F10Words in s. 11(2)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(a)(ii), 56(2)(d)

F11Words in s. 11(2)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(b)(i), 56(2)(d)

F12Words in s. 11(2)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(b)(ii), 56(2)(d)

F13Words in s. 11(2)(b)(i) omitted (W.) (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 47(a)(i), 56(2)(d)

F14Words in s. 11(2)(b)(ii) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 47(a)(ii), 56(2)(d)

F15Words in s. 11(2)(c)(i) omitted (W.) (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 47(b)(i), 56(2)(d)

F16Words in s. 11(2)(c)(ii) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 47(b)(ii), 56(2)(d)

F17 Words in s. 11(3)(a) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(4), 3(3).

F18Words in s. 11(3)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(4), 56(2)(d)

F19Words in s. 11(5) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(5), 56(2)(d)

F20Words in s. 11(5) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(3)

F21 Words in s. 11(5) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(5), 3(3).

F22Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)

F23Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)

F24 S. 11(7) added (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(6), 3(3).

F25Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)

F26Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)

F27S. 11(7ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(b), 56(2)(d)

F28S. 11(7A) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(5)

11 Prohibition of certain methods of killing or taking wild animals.S

(1)Subject to the provisions of this Part, if any person—

(a)sets in position [F29or otherwise uses] any self-locking snare [F30or a snare of any other type specified in an order made by the Scottish Ministers];

[F31(aa)sets in position or otherwise uses any other type of snare which is either of such a nature or so placed (or both) as to be calculated to cause unnecessary suffering to any animal coming into contact with it;]

(b)uses for the purpose of killing or taking any [F32animal] , any bow or cross-bow or any explosive other than ammunition for a firearm; F4 . . .

(c)uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, [F7; or

(d)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,]

he shall be guilty of an offence.

[F33(1A)For the purposes of subsection (1)(aa), a snare which is of such a nature or so placed (or both) as to be calculated to cause unnecessary suffering to any animal coming into contact with it includes—

(a)where the person who sets in position or otherwise uses the snare does so to catch any animal other than a fox, a snare which is not fitted with a stop which is capable of preventing the noose of the snare reducing in circumference to less than 13 centimetres;

(b)where the person who sets in position or otherwise uses the snare does so to catch a fox, a snare which is not fitted with a stop which is capable of preventing the noose of the snare reducing in circumference to less than 23 centimetres;

(c)a snare which is neither—

(i)staked to the ground; nor

(ii)attached to an object,

in a manner which will prevent the snare being dragged by an animal caught by it; and

(d)a snare which is set in a place where an animal caught by the snare is likely to—

(i)become fully or partially suspended; or

(ii)drown.]

[F8(2)Subject to the provisions of this Part, a person shall be guilty of an offence if that person—

(a)uses any trap or snare for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;

(b)sets in position any trap or snare of such a nature and so placed as to be—

(i)in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;

(ii)in Scotland, likely to cause bodily injury to any such wild animal;

(c)sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—

(i)in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6;

(ii)in Scotland, likely to cause bodily injury to any such wild animal;

(d)uses for the purpose of killing or taking any wild animal included in Schedule 6—

(i)any electrical device for killing or stunning;

(ii)any poisonous, poisoned or stupefying substance;

(iii)any net;

(iv)any automatic or semi-automatic weapon;

(v)any device for illuminating a target or sighting device for night shooting;

(vi)any form of artificial light or any mirror or other dazzling device;

(vii)any gas or smoke not falling within sub-paragraph (ii);

(viii)any sound recording used as a decoy; or

(ix)any mechanically propelled vehicle in immediate pursuit of any such animal;

(e)uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or

(f)knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).]

F34[F35(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3C)Subject to the provisions of this Part, any person who—

(a)is, without reasonable excuse, in possession of; or

(b)sells, or offers or exposes for sale,

a snare which is capable of operating as a self-locking snare or a snare of any other type specified in an order under subsection (1)(a) shall be guilty of an offence.

F36(3D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3E)Subject to the provisions of this Part, any person who uses a snare otherwise than in accordance with such requirements as may be specified in an order made by the Scottish Ministers, or who knowingly causes or permits any other person to do so, shall be guilty of an offence.]

[F37(4A)The Scottish Ministers may by order specify—

(a)criteria which articles of a type referred to in subsections (1) to (3E) must meet to be treated as articles of that type for the purposes of those subsections,

(b)circumstances in which articles of that type are to be treated as having been set or used in a manner which constitutes an offence under those subsections.]

(5)In any proceedings for an offence under subsection [F38(1)(c)] or [F20(2)(a), (d) or (e)], [F21and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs] the animal in question shall be presumed to have been a wild animal unless the contrary is shown.