kills, injures or takes any wild bird;

takes, damages or destroys the nest of a wild bird included in Schedule ZA1;

takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or

takes or destroys an egg of any wild bird,

any live or dead wild bird or any part of, or anything derived from, such a bird; or

an egg of a wild bird or any part of such an egg,

the bird or egg had not been killed or taken, or had been F15lawfully killed or taken F16. . . ; or

the bird, egg or other thing in his possession or control had been F17lawfully sold (whether to him or any other person) F18. . . ;

this Part and orders made under it,

the Protection of Birds Acts 1954 to 1967 F21 and orders made under those Acts,

any other legislation which implements Council Directive 79/409/EECF274 on the conservation of wild birds and extends to any part of the United Kingdom, to any area designated in accordance with section 1(7) of the Continental Shelf Act 1964 F22, or to any area to which British fishery limits extend in accordance with section 1 of the Fishery Limits Act 1976 F23, and

the provisions of the law of any member State (other than the United Kingdom) implementing the Council Directive referred to in paragraph (c).

disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or

disturbs dependent young of such a bird,

kills, injures or takes any wild bird;

takes, damages F2, destroys or otherwise interferes with the nest of any wild bird while that nest is in use or being built; or

at any other time takes, damages, destroys or otherwise interferes with any nest habitually used by any wild bird included in Schedule A1;

obstructs or prevents any wild bird from using its nest;

takes or destroys an egg of any wild bird,

any live or dead wild bird or any part of, or anything derived from, such a bird; or

an egg of a wild bird or any part of such an egg,

the bird or egg had not been killed or taken, or had been killed or taken F4at or from a place in Scotland otherwise than in contravention of the relevant provisions; F5. . .

the bird, egg or other thing in his possession or control had been sold F6at a place in Scotland(whether to him or any other person) otherwise than in contravention of those provisions; F7; or

disturbs any wild bird included in Schedule 1 while it is building a nest or is in, on or near a nest containing eggs or young; or

disturbs dependent young of such a bird,

the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;

the taking, damaging or destruction of a nest of such a bird; or

the taking or destruction of an egg of such a bird.

in the case of capercaillie and (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September;

in the case of snipe, the period in any year commencing with 1st February and ending with 11th August;

in the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August;

in any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August.

in the case of F27capercaillie and (except in Scotland) woodcock, the period in any year commencing with 1st February and ending with 30th September;

in the case of snipe, the period in any year commencing with 1st February and ending with 11th August;

in the case of wild duck and wild geese in or over any area below high-water mark of ordinary spring tides, the period in any year commencing with 21st February and ending with 31st August;

in any other case, subject to the provisions of this Part, the period in any year commencing with 1st February and ending with 31st August.

that any person who, except as may be provided in the order, enters into that area or any part of it specified in the order at any time or during any period so specified shall be guilty of an offence under this section;

that where any offence under this Part, or any such offence under this Part as may be specified in the order, is committed within that area, F28the offence shall be treated as falling within section 7(3A).

the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;

the taking, damaging or destruction of the nest of such a bird;

the taking or destruction of an egg of such a bird; or

the disturbance of such a bird or dependent young of such a bird.

all the owners and occupiers aforesaid have consented thereto;

no objections thereto have been made by any of those owners or occupiers before the expiration of a period of three months from the date of the giving of the notice or the publication of the advertisement; or

any such objections so made have been withdrawn.

that any person who, except as may be provided in the order, enters into that area or any part of it specified in the order at any time or during any period so specified shall be guilty of an offence under this section;

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

all the owners and occupiers aforesaid have consented thereto;

no objections thereto have been made by any of those owners or occupiers before the expiration of a period of three months from the date of the giving of the notice or the publication of the advertisement; or

any such objections so made have been withdrawn.

anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M1Agriculture Act 1947, or by the Secretary of State under section 39 of the M2Agriculture (Scotland) Act 1948;

anything done under, or in pursuance of an order made under, section 21 or 22 of the M3Animal Health Act 1981; or

except in the case of a wild bird included in Schedule F42ZA1 or 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.

the taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

the killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

any act made unlawful by those provisions if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.

preserving public health or public or air safety;

preventing the spread of disease; or

preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, F36, fisheries or inland waters.

a licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; or

an application by him for such a licence had been determined.

anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M1Agriculture Act 1947, or by the Secretary of State under section 39 of the M2Agriculture (Scotland) Act 1948;

anything done under, or in pursuance of an order made under, section 21 or 22 of the M3Animal Health Act 1981; or

except in the case of a wild bird included in Schedule 1 or the nest or egg of such a bird, anything done under, or in pursuance of an order made under, any other provision of the said Act of 1981.

the taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

the killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

any act made unlawful by those provisions F34 (an unlawful act if he shows that each of the conditions specified in subsection (2A) was satisfied in relation to the carrying out of the unlawful act.

that the unlawful act was the incidental result of a lawful operation or other activity;

that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent to the person, such steps as were reasonably practicable in the circumstances to minimise the damage or disturbance to the wild bird, nest or, as the case may be, egg in relation to which the unlawful act was carried out.

preserving public health or public or air safety;

preventing the spread of disease; or

preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, F36, fisheries or inland waters.

a licence under section 16 authorising that action had not been applied for by him as soon as reasonably practicable after that fact had become apparent; or

an application by him for such a licence had been determined.

sets in position any of the following articles, being an article which is of such a nature and is so placed as to be calculated to cause bodily injury to any wild bird coming into contact therewith, that is to say, any springe, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance;

uses for the purpose of killing or taking any wild bird any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net, baited board, bird-lime or substance of a like nature to bird-lime;

uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; F44 . . .

uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, F45 ; or

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection and which is not lawful under subsection (5),

the use of a cage-trap or net by an authorised person for the purpose of taking a bird included in Part II of Schedule 2;

the use of nets for the purpose of taking wild duck in a duck decoy which is shown to have been in use immediately before the passing of the M4Protection of Birds Act 1954; or

the use of a cage-trap or net for the purpose of taking any game bird if it is shown that the taking of the bird is solely for the purpose of breeding;

sets in position any of the following articles, being an article which is of such a nature and is so placed as to be F43likely to cause bodily injury to any wild bird coming into contact therewith, that is to say, any springe, trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance;

uses for the purpose of killing or taking any wild bird any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net, baited board, bird-lime or substance of a like nature to bird-lime;

uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording or any live bird or other animal whatever which is tethered, or which is secured by means of braces or other similar appliances, or which is blind, maimed or injured; F44 . . .

uses any mechanically propelled vehicle in immediate pursuit of a wild bird for the purpose of killing or taking that bird, F45 ; or

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection and which is not lawful under subsection (5),

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the use of a cage-trap or net for the purpose of taking any game bird if it is shown that the taking of the bird is solely for the purpose of breeding;

sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live wild bird other than a bird included in Part I of Schedule 3, or an egg of a wild bird or any part of such an egg; or

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,

sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any dead wild bird other than a bird included in Part II or III of Schedule 3, or any part of, or anything derived from, such a wild bird; or

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,

any live wild bird other than a bird included in Part I of Schedule 3; or

any live bird one of whose parents was such a wild bird,

was bred in captivity,

has been ringed or marked in accordance with regulations made by the Secretary of State, and

has not been lawfully released into the wild as part of a re-population or re-introduction programme.

sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live wild bird other than a bird included in Part I of Schedule 3, or an egg of a wild bird or any part of such an egg; or

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,

sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any dead wild bird other than a bird included in Part II or III of Schedule 3, or any part of, or anything derived from, such a wild bird; or

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,

any live wild bird other than a bird included in Part I of Schedule 3; or

any live bird one of whose parents was such a wild bird,

to impose requirements as to the carrying out by a person registered in accordance with the regulations of any act which, apart from the registration, would constitute an offence under this section; and

to provide that any contravention of the regulations shall constitute such an offence.

an offence under this Part (being an offence relating to the protection of birds or other animals); or

any other offence involving their ill-treatment,

to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and

to make different provision for different birds or different descriptions of birds.

within five years of his having been convicted of an offence under this Part F62which falls within subsection (3A); or

within three years of his having been convicted of any other offence under this Part so far as it relates to the protection of birds or other animals or any offence involving their ill-treatment,

any offence under section 1(5) or 5;

any offence under subsection (1);

any offence under section 8.

within five years of that person’s having been convicted of such an offence as is mentioned in paragraph (a) of subsection (3); or

within three years of that person’s having been convicted of such an offence as is mentioned in paragraph (b) of that subsection,

to impose requirements which must be satisfied in relation to a bird included in Schedule 4 before it can be registered in accordance with the regulations; and

to make different provision for different birds or different descriptions of birds.

an offence under this Part (being an offence relating to the protection of birds or other animals); F57 . . .

any other offence involving their ill-treatmentF58; or

any offence under the Control of Trade in Endangered Species (Enforcement) Regulations 1997 ( S.I. 1997/1372) relating to birds (other than an offence under Regulation 9 of those Regulations)

while that bird is in the course of conveyance, by whatever means;

while that bird is being shown for the purposes of any public exhibition or competition if the time during which the bird is kept or confined for those purposes does not in the aggregate exceed 72 hours; or

while that bird is undergoing examination or treatment by a veterinary surgeon or veterinary practitioner.

promotes, arranges, conducts, assists in, receives money for, or takes part in, any event whatever at or in the course of which captive birds are liberated by hand or by any other means whatever for the purpose of being shot immediately after their liberation; or

being the owner or occupier of any land, permits that land to be used for the purposes of such an event,

the animal had not been killed or taken, or had been killed or taken F70at or from a place in Scotland otherwise than in contravention of the relevant provisions; F71or

the animal or other thing in his possession or control had been sold F72at a place in Scotland(whether to him or any other person) otherwise than in contravention of those provisions F73; or

damages or destroys, or obstructs access to, any structure or place which any wild animal included in Schedule 5 uses for shelter or protection; or

disturbs any such animal while it is occupying a structure or place which it uses for that purpose,

a dolphin or whale (cetacea), or

a basking shark (cetorhinus maximus),

dolphin, whale or porpoise (cetacea); or

basking shark (cetorhinus maximus),

sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal; or

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,

anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M8Agriculture Act 1947, or by the Secretary of State under section 39 of the M9Agriculture (Scotland) Act 1948; or

anything done under, or in pursuance of an order made under, the M10Animal Health Act 1981.

the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

any act made unlawful by that section if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.

a licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

an application for such a licence had been determined.

anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M8Agriculture Act 1947, or by the Secretary of State under section 39 of the M9Agriculture (Scotland) Act 1948; or

anything done under, or in pursuance of an order made under, the M10Animal Health Act 1981.

the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

that the unlawful act was the incidental result of a lawful operation or other activity;

that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent to the person, such steps as were reasonably practicable in the circumstances to minimise the damage or disturbance to the wild animal, or the damage or obstruction to the structure or place, in relation to which the unlawful act was carried out.

a licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

an application for such a licence had been determined.

sets in position any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith;

uses for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as aforesaid, any bow or cross-bow or any explosive other than ammunition for a firearm; F91 . . .

uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, F92 ; or

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,

sets in position any of the following articles, being an article which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedule 6 which comes into contact therewith, that is to say, any trap or snare, any electrical device for killing or stunning or any poisonous, poisoned or stupefying substance;

uses for the purpose of killing or taking any such wild animal any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net;

uses as a decoy, for the purpose of killing or taking any such wild animal, any sound recording; F94 . . .

uses any mechanically propelled vehicle in immediate pursuit of any such wild animal for the purpose of driving, killing or taking that animal, F95 ; or

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection,

sets in position F101or knowingly causes or permits to be set in position any snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; and

while the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day,

sets in position F87or otherwise uses any self-locking snare F88or a snare of any other type specified in an order made by the Scottish Ministers ;

sets in position or otherwise uses any other type of snare which is either of such a nature or so placed (or both) as to be calculated to cause unnecessary suffering to any animal coming into contact with it;

uses for the purpose of killing or taking any F90animal , any bow or cross-bow or any explosive other than ammunition for a firearm; F91 . . .

uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, F92 ; or

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,

sets in position any of the following articles, being an article which is of such a nature and so placed as to be F93likely to cause bodily injury to any wild animal included in Schedule 6 which comes into contact therewith, that is to say, any trap or snare, any electrical device for killing or stunning or any poisonous, poisoned or stupefying substance;

uses for the purpose of killing or taking any such wild animal any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net;

uses as a decoy, for the purpose of killing or taking any such wild animal, any sound recording; F94 . . .

uses any mechanically propelled vehicle in immediate pursuit of any such wild animal for the purpose of driving, killing or taking that animal, F95 ; or

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection,

without reasonable excuse, contravenes subsection (3), or

contravenes subsection (3A),

is, without reasonable excuse, in possession of; or

sells, or offers or exposes for sale,

while on any land, has in his possession any snare without the authorisation of the owner or occupier of the land; or

sets any snare in position on any land without the authorisation of the owner or occupier of the land,

criteria which articles of a type referred to in subsections (1) to (3E) must meet to be treated as articles of that type for the purposes of those subsections,

circumstances in which articles of that type are to be treated as having been set or used in a manner which constitutes an offence under those subsections.

intentionally picks, uproots or destroys any wild plant included in Schedule 8; or

not being an authorised person, intentionally uproots any wild plant not included in that Schedule,

sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild plant included in Schedule 8, or any part of, or anything derived from, such a plant; or

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,

not being an authorised person, intentionally F105or recklessly uproots any wild plant not included in that Schedule,

sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild plant included in Schedule 8, or any part of, or anything derived from, such a plant; or

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,

that the unlawful act was the incidental result of a lawful operation or other activity;

that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent, such steps as were reasonably practicable in the circumstances to minimise the damage to the wild plant in relation to which the unlawful act was carried out.

is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; or

is included in Part I of Schedule 9,

is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; or

is F109a hybrid of any animal of that kind ,

included in Part I of Schedule 9; or

a hybrid of any animal included in that Part,

included in Part II of Schedule 9 F112; or

a hybrid of any plant included in that Part

an animal or plant to which this section applies, or

anything from which such an animal or plant can be reproduced or propagated.

an animal or plant to which this section applies, or

anything from which such an animal or plant can be reproduced or propagated.

is within section 14(1) or (2) (animals and plants which must not be released etc. into the wild),

is of a description prescribed for the purposes of this section by an order made by the Secretary of State, and

is a live animal or live plant.

animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state,

animals or plants included in Schedule 9, or

any description of animals or plants mentioned in paragraph (a) or (b).

is admissible in evidence in any proceedings, and

must be taken into account by a court in any case in which it appears to the court to be relevant.

any animal of a type mentioned in subsection (1) or (1A) of section 14 specified in an order made by the Scottish Ministers for the purposes of this section; and

sells, offers or exposes for sale or has in the person’s possession or transports for the purpose of sale any animal or plant to which this section applies; or

publishes or causes to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell, any such animal or plant,

subject to such exceptions;

only at such times of the year;

only in relation to such areas,

any animal of a type mentioned in subsection (1) or (1A) of section 14,

any plant of a type mentioned in subsection (2) of that section or specified in an order under section 14A(1)(b)(i),

any constable;

any officer commissioned or other person appointed or authorised by the Commissioners of Customs and Excise to exercise any function conferred on the Commissioners by the said Act of 1976; or

any person duly authorised by the Secretary of State under section 7(3) of that Act,

any regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), or

the Biocidal Products Regulations 2001 (S.I. 2001/880) or any regulations replacing those regulations.

for scientific, research or educational purposes;

for the purpose of ringing or marking, or examining any ring or mark on, wild birds;

for the purpose of conserving wild birds;

for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

for the purpose of conserving flora or fauna;

for the purpose of protecting any collection of wild birds;

for the purposes of falconry or aviculture;

for the purposes of any public exhibition or competition;

for the purposes of taxidermy;

for the purpose of photography;

for the purposes of preserving public health or public or air safety;

for the purpose of preventing the spread of disease; or

for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber F121, fisheries or inland waters,

shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and

shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.

a gannet on the island of Sula Sgeir; or

a gull’s egg or, at any time before 15th April in any year, a lapwing’s egg,

for scientific or educational purposes;

for the purpose of ringing or marking, or examining any ring or mark on,wild animals;

for the purpose of conserving wild animals or wild plants or introducing them to particular areas;

for the purpose of protecting any zoological or botanical collection;

for the purpose of photography;

for the purpose of preserving public health or public safety;

for the purpose of preventing the spread of disease; or

for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries,

section 6(1) and (2);

sections 9(5) and 13(2); and

F124sections 14 and 14ZA,

may be, to any degree, general or specific;

may be granted either to persons of a class or to a particular person;

may be subject to compliance with any specified conditions;

may be modified or revoked at any time by the appropriate authority; and

subject to paragraph (d), shall be valid for the period stated in the licence;

shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;

shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and

subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.

shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and

subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.

the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and

any conditions specified in the licence were complied with.

in the case of a licence under F128any of paragraphs (a) to (cb) of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the F129relevantF130conservation body ;

in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid;

in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) of subsection (3), the F129relevantF130conservation body ;

in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and

in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.

shall from time to time consult with F132each of the F133GB conservation bodies as to the exercise F134in the area of that F135body of his functions under this section; and

shall not grant a licence of any description unless he has been advised by the F136relevant F130conservation body as to the circumstances in which, in their opinion, licences of that description should be granted.

for scientific, research or educational purposes;