5 Provisions as to musk rats found at large. E+W+S
(1)The following provisions of this section shall have effect with respect to musk rats found at large at any time while an order under section one of this Act is in force.
(2)The occupier of any land who knows that musk rats, not being musk rats kept by him under a licence, are to be found thereon shall forthwith give notice to the appropriate department.
(3)The appropriate department so soon as they become aware that musk rats, not being musk rats kept under a licence, are to be found on any land, may take such steps as they consider necessary for their destruction, and it shall be the duty of the occupier of the land to afford all such facilities as it is in his power to afford to [F1any authorised persons].
[F2(3A)“Authorised person” means—
(a)in relation to England and Wales, a person authorised in writing by the appropriate department to exercise powers under subsection (3);
(b)in relation to Scotland, a person employed by or on behalf of the appropriate department for the purposes of subsection (3).]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(5)No action for damages shall lie in respect of the killing or wounding of any musk rat which is found at large.
Textual Amendments
F1Words in s. 5(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 1(2); S.I. 2006/2541, art. 2 (with Sch.)
F2S. 5(3A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 1(3); S.I. 2006/2541, art. 2 (with Sch.)
F3S. 5(4) repealed by Agriculture Act 1947 (c. 48), Sch. 13
Modifications etc. (not altering text)
C1Certain functions of Minister of Agriculture, Fisheries and Food transferred by S.I. 1978/272, art. 2
C2S. 5(2) excluded (temp. 1.1.1993 to 31.12.1997) by S.I. 1992/3324, arts. 1,4.
S. 5(2) excluded (temp. 1.1.1998 to 31.12.2000) by S.I. 1997/3002, art. 4.
S. 5(2) excluded (E.)(temp. 1.1.2001 to 31.12.2003) by S.I. 2000/3402, art. 4
S. 5(2) excluded (S.) (temp. 1.1.2001 to 31.12.2003) by S.S.I. 2000/400, art. 5
S. 5(2) excluded (W.) (temp. 1.1.2001 to 31.12.2003) by S.I. 2000/3340, art. 4
C3S. 5(2) excluded (temp.) (1.1.2004) by Mink Keeping (Scotland) Order 2003 (No. 528), arts. 1(1), 5
C4S. 5(2) excluded (24.3.2004) by Mink Keeping (Prohibition) (England) Order 2004 (S.I. 2004/100), arts. 1, 2(2)(a)
C5S. 5(2) excluded (W.) (1.6.2012) by The Mink Keeping (Prohibition) (Wales) Order 2012 (No. 1427), arts. 1(3), 3(2)(a)