9 Licences.

1

A licence may be granted to any person by the appropriate authority specified in the next subsection authorising that person, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence,—

a

for scientific or educational purposes or for the conservation of badgers to kill or take within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified;

b

for the purpose of any zoological gardens or collection specified in the licence to take within an area specified in the licence by any means so specified, or to sell, or to have in his possession any number of badgers so specified;

c

for the purpose of ringing and marking to take badgers within an area specified in the licence, to mark such badgers or to attach to them any ring, tag or other marking device as specified in the licence;

d

for the purpose of preventing the spread of disease to kill or take badgers within an area specified in the licence by any means so specified;

F2e

for the purpose of preventing serious damage to land, crops, poultry or any other form of property, to kill or take badgers within an area specified in the licence by any means so specified.

2

The appropriate authority for the grant of a licence under the foregoing subsection shall be—

a

in the case of a licence under paragraph (a), (b) or (c) of that subsection, the F3Nature Conservancy Council for England, F4Scottish Natural Heritageor the Countryside Council for Wales (according as the area specified in the licence is in England, Scotland or Wales);

b

in the case of a licence under paragraph (d) F5or (e) of that subsection, the Minister of Agriculture, Fisheries and Food or, in Scotland, the Secretary of State.

3

A licence granted under this section may be revoked at any time by the authority by whom it was granted, and without prejudice to any other liability to a penalty which he may have incurred under this or any other Act, any person who contravenes or fails to comply with any condition imposed on the grant of a licence under this section shall be guilty of an offence.

F64

The Minister of Agriculture, Fisheries and Food and the Secretary of State shall from time to time consult with F7each of the following bodies, namely, the Nature Conservancy Council for England, F8. . .and the Countryside Council for Wales as to the exercise in the respective areas of those Councils of the functions of those Ministers(under subsection (1)(e) above; and neither of them shall grant a licence of any description unless he has been advised by the Council F9for the area specified in the licence as to the circumstances in which, in the Council’s opinion, licences of that description should be granted.

F104

It shall be a defence in proceedings for an offence under section 8(b) of the M1Protection of Animals Act 1911 or section 7(b) of the M2Protection of Animals (Scotland) Act 1912 (each of which restricts the placing on land of poison and poisonous substances) to show that—

a

the act alleged to constitute the offence was done under the authority of a licence granted under paragraph (a) of subsection (1) of this section; and

b

any conditions specified in the licence were complied with.

F114A

The Secretary of State shall consult from time to time with Scottish Natural Heritage as to the exercise of his functions under subsection (1)(e) above; and he shall not grant a licence of any description unless he has been advised by Scottish Natural Heritage as to the circumstances in which, in its opinion, licences of that description should be granted.