8General exceptions
1
A person shall not be guilty of an offence under this Act by reason only of—
a
the taking or attempted taking of any badger which had been disabled otherwise than by his act and was taken or to be taken solely for the purpose of tending it;
b
the killing or attempted killing of any badger which appeared to be so seriously injured or in such a condition that to kill it would be an act of mercy;
c
the unavoidable killing or injuring of any badger as an incidental result of a lawful action.
2
It shall not be an offence under section 3 of this Act for any person to have a live badger in his possession or under his control if—
a
it has been kept in captivity by that person for a continuous period beginning before the passing of this Act,
b
it is in that person's possession or under his control, as the case may be, in the course of his business as a carrier,
c
it has, within the preceding seven days, been taken by that person in circumstances in which, by virtue of section 7(1) or (2) of this Act, the taking of the badger did not constitute an offence under this Act, or
d
it has been taken in circumstances in which, by virtue of subsection (1)(a), above, the taking of the badger did not constitute an offence under this Act and it is necessary for the purpose of tending it for it to remain in that person's possession, or under his control, as the case may be.
3
A person shall not be guilty of an offence under this Act by reason only of something done in connection with an experiment on a living badger if what is done does not constitute a contravention of the [1876 c. 77.] Cruelty to Animals Act 1876.