PART 2Amendment of the Wildlife (Northern Ireland) Order 1985

Amendment of Article 123

1

Article 12 (prohibition of certain methods of killing or taking wild animals) is amended as follows.

2

For paragraph (2) substitute—

2

Subject to the provisions of this Part and to those of Article 20, if any person—

a

uses any trap or snare for the purpose of killing, taking or restraining any wild animal included in Schedule 6 or 6A;

b

sets in position any trap or snare of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedules 6 or 6A;

c

sets in position any—

i

hook and line;

ii

electrical device for killing or stunning; or

iii

poisonous, poisoned or stupefying substance or muscle-relaxing agent,

of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedule 6;

d

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

i

hook and line;

ii

poisonous, poisoned or stupefying substance or muscle-relaxing agent;

iii

net;

iv

automatic or semi-automatic weapon;

v

device for illuminating a target or sighting device for night shooting;

vi

form of artificial light or any mirror or other dazzling device;

vii

gas or smoke not falling within head (iii);

viii

metal bar, axe, hatchet, cudgel, club, hammer or similar instrument;

e

uses any electrical device for killing or taking any wild animal included in Schedule 6;

f

uses any mechanically propelled vehicle in immediate pursuit of any wild animal included in Schedule 6 for the purpose of driving, killing or taking that animal; or

g

knowingly causes or permits to be done an act mentioned in any of sub-paragraphs (a) to (f),

that person shall be guilty of an offence.

3

In paragraph (4), for “(2)(b) to (d)” substitute “(2)(a), (d), (e) or (f)”.

4

In paragraph (5)—

a

for “(2)(a)” substitute “(2)(b) or (c)”;

b

for “Schedule 6” substitute “the relevant Schedule”.

5

After paragraph (5), insert—

5A

In paragraph (5), “the relevant Schedule” means—

a

where proceedings relate to an offence under paragraph (2)(b), Schedule 6 or 6A;

b

where proceedings relate to an offence under paragraph (2)(c), Schedule 6.