Wildlife and Natural Environment (Scotland) Act 2011 (asp 6)

Part 2 S Wildlife under the 1981 Act

Wild hares, rabbits etc. S

8 Sale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully S

(1) The 1981 Act is amended as follows.

(2) After section 11H (inserted by section 7(3)), insert—

“11I Sale, possession etc. of wild hares, rabbits etc. killed or taken unlawfully

(1) Any person who does any of the following is guilty of an offence—

(a) has in his possession or control any live or dead wild animal which has been killed or taken in contravention of section 10A or 11G, or any part of or anything derived from such an animal;

(b) sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale any such animal or any part of or anything derived from such an animal; or

(c) publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells or intends to buy or sell any of those things.

(2) A person is not guilty of an offence under subsection (1) in relation to an activity mentioned in that subsection if he shows that he carried out the activity concerned with reasonable excuse.

(3) In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.”.

Commencement Information

I1 S. 8 in force at 29.6.2011 for specified purposes by S.S.I. 2011/279, art. 2(1)(f)

I2 S. 8 in force at 1.1.2012 in so far as not already in force by S.S.I. 2011/433, art. 2(1)(b)