Textual Amendments
F1 Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)
(1)Subject to the provisions of this Part, if any person intentionally kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.
(2)Subject to the provisions of this Part, if any person has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal, he shall be guilty of an offence.
(3)A person shall not be guilty of an offence under subsection (2) if he shows that—
(a)the animal had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; or
(b)the animal or other thing in his possession or control had been sold (whether to him or any other person) otherwise than in contravention of those provisions
and in this subsection "the relevant provisions" means the provisions of this Part and of the Conservation of Wild Creatures and Wild Plants Act 1975
[F2(4)Subject to the provisions of this Part, a person is guilty of an offence if intentionally or recklessly—
(a)he damages or destroys any structure or place which any wild animal specified in Schedule 5 uses for shelter or protection;
(b)he disturbs any such animal while it is occupying a structure or place which it uses for shelter or protection; or
(c)he obstructs access to any structure or place which any such animal uses for shelter or protection.]
[F3(4A)Subject to the provisions of this Part, if any person intentionally or recklessly disturbs any wild animal included in Schedule 5 as—
(a)a dolphin or whale (cetacea), or
(b)a basking shark (cetorhinus maximus),
he shall be guilty of an offence.]
(5)Subject to the provisions of this Part, if any person—
(a)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
(b)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,
he shall be guilty of an offence.
(6)In any proceedings for an offence under subsection (1), (2) or (5)(a) , the animal in question shall be presumed to have been a wild animal unless the contrary is shown.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F2 S. 9(4) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 7(4)}
F3 S. 9(4A) inserted (E.W.) (30.1.2001) by 2000 c. 37 , ss. 81(1), 103(2), Sch. 12 para. 5(b)
(1)Subject to the provisions of this Part, if any person intentionally [F42or recklessly] kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.
(2)Subject to the provisions of this Part, if any person has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal, he shall be guilty of an offence.
(3)A person shall not be guilty of an offence under subsection (2) if he shows that—
(a)the animal had not been killed or taken, or had been killed or taken [F43at or from a place in Scotland] otherwise than in contravention of the relevant provisions; F44. . .
(b)the animal or other thing in his possession or control had been sold [F45at a place in Scotland] (whether to him or any other person) otherwise than in contravention of those provisions [F46; or
(c)that the animal or other thing in his possession or control had been killed at, taken from or sold at a place outwith Scotland and—
(i)that the act of killing, taking or sale would not, if it had been committed in Scotland, have been in contravention of the relevant provisions; or
(ii)that the animal or other thing had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations.]
F47. . .
[F48(3A)In subsection (3)—
“the relevant provisions” means such of the provisions of the Conservation of Wild Creatures and Wild Plants Act 1975 (c. 48) and this Part as were in force at the time when the animal was killed or taken or, as the case may be, the animal or other thing was sold, and
“the relevant regulations” means—
Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade, and
Commission Regulation 1808/2001/EC on the implementation of that Council Regulation,
as amended from time to time (or any Community instrument replacing either of them).]
(4)Subject to the provisions of this Part, if any person intentionally [F49or recklessly]—
(a)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
(b)disturbs any such animal while it is occupying a structure or place which it uses for that purpose,
he shall be guilty of an offence.
[F50(4A)Subject to the provisions of this Part, any person who, intentionally or recklessly, disturbs or harasses any wild animal included in Schedule 5 as a—
(a)dolphin, whale or porpoise (cetacea); or
(b)basking shark (cetorhinus maximus),
shall be guilty of an offence.]
(5)Subject to the provisions of this Part, if any person—
(a)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
(b)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,
he shall be guilty of an offence.
[F51(5A)Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section (other than subsection (5)(b)) shall be guilty of an offence.]
(6)In any proceedings for an offence under subsection (1), (2) or (5)(a) [F52or for an offence under subsection (5A) relating to an act which is mentioned in subsection (1), (2) or (5)(a)], the animal in question shall be presumed to have been a wild animal unless the contrary is shown.
Extent Information
E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F42 Word in s. 9(1) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(2); S.S.I. 2004/407, art. 2
F43 Words in s. 9(3)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(a); S.S.I. 2004/407, art. 2
F44 Word in s. 9(3)(a) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(b); S.S.I. 2004/407, art. 2
F45 Words in s. 9(3)(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(c); S.S.I. 2004/407, art. 2
F46 S. 9(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(d); S.S.I. 2004/407, art. 2
F47 Words in s. 9(3) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(e); S.S.I. 2004/407, art. 2
F48 S. 9(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(4); S.S.I. 2004/407, art. 2
F49 Words in s. 9(4) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 5(a) and by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(5); S.S.I. 2004/407, art. 2
F50 S. 9(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(6); S.S.I. 2004/407, art. 2
F51 S. 9(5A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(7); S.S.I. 2004/407, art. 2
F52 Words in s. 9(6) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(8); S.S.I. 2004/407, art. 2
(1)Nothing in section 9 shall make unlawful—
(a)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; F4...
(b)anything done under, or in pursuance of an order made under, the M3Animal Health Act 1981. [F5or
(c)anything done in relation to an animal of any species pursuant to a licence granted by Natural England under regulation 55 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) in respect of an animal or animals of that species]
(2)Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house.
(3)Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—
(a)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;
(b)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
(c)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.
(4)Notwithstanding anything in section 9, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5 if he shows that his action was necessary 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.
(5)A person shall not be entitled to rely on the defence provided by subsection (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the [F6conservation body][F7for the area in which the house is situated or, as the case may be, the act is to take place] of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used.
(6)An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either—
(a)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
(b)an application for such a licence had been determined.
Extent Information
E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F4Word in s. 10(1)(a) omitted (E.W.) (30.9.2022) by virtue of Environment Act 2021 (c. 30), ss. 111(1)(a), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)
F5S. 10(1)(c) and word inserted (E.W.) (30.9.2022) by Environment Act 2021 (c. 30), ss. 111(1)(b), 147(3) (with s. 144); S.I. 2022/518, regs. 1(2), 3(b)
F6 Words in s. 10(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 70; S.I. 2006/2541, art. 2
F7 Words in s. 10(5) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(2); S.I. 1991/685, art.3.
Marginal Citations
(1)Nothing in section 9 shall make unlawful—
(a)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; or
(b)anything done under, or in pursuance of an order made under, the M3Animal Health Act 1981.
(2)Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house.
(3)Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—
(a)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;
(b)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
(c)any act made unlawful by that section [F53 (“an unlawful act”) if he shows—
(i)that each of the conditions specified in subsection (3A) was satisfied in relation to the carrying out of the unlawful act, or
(ii)that the unlawful act was carried out in relation to an animal bred and, at the time the act was carried out, lawfully held in captivity.]
[F54(3A)Those conditions are—
(a)that the unlawful act was the incidental result of a lawful operation or other activity;
(b)that the person who carried out the lawful operation or other activity—
(i)took reasonable precautions for the purpose of avoiding carrying out the unlawful act; or
(ii)did not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; and
(c)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.]
(4)Notwithstanding anything in section 9, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5 if he shows that his action was necessary 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.
(5)A person shall not be entitled to rely on the defence provided by subsection (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the [F55conservation body][F7for the area in which the house is situated or, as the case may be, the act is to take place] of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used.
(6)An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either—
(a)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
(b)an application for such a licence had been determined.
[F56(6A)An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time unless he notified the Scottish Ministers as soon as reasonably practicable after that time that he had taken the action.]
Extent Information
E5This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F7 Words in s. 10(5) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 11(2); S.I. 1991/685, art.3.
F53 Words in s. 10(3)(c) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(a); S.S.I. 2004/407, art. 2
F54 S. 10(3A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(b); S.S.I. 2004/407 , art. 2
F55 Words in s. 10(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 70; S.I. 2006/2541, art. 2
F56 S. 10(6A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(c); S.S.I. 2004/407, art. 2
Marginal Citations
(1)Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 5A in the close season for the animal is guilty of an offence.
(2)In this section, “close season” means—
F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in the case of a brown hare, the period in any year beginning with 1st February and ending with 30th September.
(3)The Scottish Ministers may by order vary the close season for any wild animal included in Schedule 5A which is specified in the order.
(4)If it appears to the Scottish Ministers expedient that any wild animals included in Schedule 5A should be protected during any period outside the close season for those animals, they may by order declare any period not exceeding 14 days as a period of special protection for those animals.
(5)Before making an order under subsection (4), the Scottish Ministers must consult such persons appearing to them to be representative of persons interested in the killing or taking of animals of the kind proposed to be protected by the order as they consider appropriate.
(6)Where an order is made under subsection (4), this section has effect as if any period of special protection declared by the order forms part of the close season for those animals.
(7)An order under subsection (3) or (4) may be made as respects the whole of Scotland or any part of Scotland specified in the order.
(8)In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.
Textual Amendments
F8Ss. 10A, 10B inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(d); S.S.I. 2011/433, art. 2(1)(b)
(1)A person is not guilty of an offence under section 10A(1) by reason of the killing of an animal included in Schedule 5A 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.
(2)A person is not guilty of an offence under section 10A(1) by reason of taking any such animal if he shows that—
(a)he had a legal right to take such an animal or permission, from a person who had a right to give permission, to take such an animal; and
(b)the animal—
(i)had been disabled otherwise than by his unlawful act; and
(ii)was taken solely for the purpose of tending it and releasing it when no longer disabled.
(3)An authorised person is not guilty of an offence under section 10A(1) by reason of the killing or injuring of an animal included in Schedule 5A if he shows that his action was necessary 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.
(4)An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action if––
(a)it had become apparent, before the action was taken, that it would prove necessary for the purpose mentioned in that subsection; and
(b)either—
(i)a licence under section 16 authorising the action had not been applied for as soon as reasonably practicable after that fact had become apparent; or
(ii)an application for such a licence had been determined.
(5)An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action unless he notified the appropriate authority as soon as reasonably practicable after the action was taken that he had taken it.
(6)In subsection (5), “the appropriate authority” has the same meaning as in section 16(9).
(7)Nothing in section 10A makes unlawful—
(a)anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or
(b)anything done under, or in pursuance of an order made under, the Animal Health Act 1981.]
Textual Amendments
F8Ss. 10A, 10B inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(d); S.S.I. 2011/433, art. 2(1)(b)
(1)Subject to the provisions of this Part, if any person—
(a)sets in position [F10otherwise than in Wales] 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;
(b)uses [F11otherwise than in Wales] 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; F12 . . .
[F13(ba)sets in position in Wales any snare, or other cable restraint, which is of such a nature and so placed as to be likely to cause bodily injury to any wild animal coming into contact with it;
(bb)uses in Wales for the purpose of killing or taking any wild animal any snare, or other cable restraint, whether or not of such a nature or so placed as aforesaid;
(bc)sets in position in Wales any glue trap which is of such a nature and so placed as to be likely to catch any animal coming into contact with it;
(bd)uses in Wales for the purpose of killing or taking any animal any glue trap, whether or not of such a nature or so placed as aforesaid;]
[F14(be)uses in Wales for the purpose of killing or taking any wild animal any bow or cross-bow or any explosive other than ammunition for a firearm;]
(c)uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, [F15; or
(d)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,]
he shall be guilty of an offence.
[F16(2)Subject to the provisions of this Part, a person shall be guilty of an offence if that person—
(a)uses [F17, otherwise than in Wales,] any trap or snare [F18, or in Wales, any trap other than a glue trap,] for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;
(b)sets in position [F19, otherwise than in Wales,] any trap or snare [F20, or in Wales, any trap other than a glue trap,] of such a nature and so placed as to be—
(i)in England F21..., calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;
(ii)in Scotland [F22or Wales], likely to cause bodily injury to any such wild animal;
(c)sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—
(i)in England F23..., calculated to cause bodily injury to any wild animal included in Schedule 6;
(ii)in Scotland [F24or Wales], likely to cause bodily injury to any such wild animal;
(d)uses for the purpose of killing or taking any wild animal included in Schedule 6—
(i)any electrical device for killing or stunning;
(ii)any poisonous, poisoned or stupefying substance;
(iii)any net;
(iv)any automatic or semi-automatic weapon;
(v)any device for illuminating a target or sighting device for night shooting;
(vi)any form of artificial light or any mirror or other dazzling device;
(vii)any gas or smoke not falling within sub-paragraph (ii);
(viii)any sound recording used as a decoy; or
(ix)any mechanically propelled vehicle in immediate pursuit of any such animal;
(e)uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or
(f)knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).]
(3)Subject to the provisions of this Part, if any person—
(a)sets in position [F25or knowingly causes or permits to be set in position] [F26, otherwise than in Wales,] 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
(b)while the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day,
he shall be guilty of an offence.
(4)The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.
(5)In any proceedings for an offence under subsection (1)(b) [F27(ba), (bb)] or (c) or [F28(2)(a), (d) or (e)], [F29and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs] the animal in question shall be presumed to have been a wild animal unless the contrary is shown.
(6)In any proceedings for an offence under [F30subsection (2)(b) or (c)] it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in [F31the relevant Schedule].
F32[(7)In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in [F33subsection (2)(b) or (c)] it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in [F34the relevant Schedule].]
[F35(7ZA)For the purposes of paragraphs (bc) and (bd) of subsection (1), “animal means a vertebrate (other than a human).]
[F36(7A)In subsections (6) and (7), “the relevant Schedule” means—
(a)where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;
(b)where proceedings relate to an offence under subsection (2)(c), Schedule 6.]
Extent Information
E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F10Words in s. 11(1)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(a), 56(2)(d)
F11Words in s. 11(1)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(b), 56(2)(d)
F12 Word "or" in s. 11(1)(b) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(a), 3(3).
F13S. 11(1)(ba)-(bd) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(a), 56(2)(d)
F14S. 11(1)(be) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(c), 56(2)(d)
F15 Word "or" and s. 11(1)(d) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(b), 3(3).
F16S. 11(2) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(2)
F17Words in s. 11(2)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(a)(i), 56(2)(d)
F18Words in s. 11(2)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(a)(ii), 56(2)(d)
F19Words in s. 11(2)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(b)(i), 56(2)(d)
F20Words in s. 11(2)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(b)(ii), 56(2)(d)
F21Words in s. 11(2)(b)(i) omitted (W.) (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 47(a)(i), 56(2)(d)
F22Words in s. 11(2)(b)(ii) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 47(a)(ii), 56(2)(d)
F23Words in s. 11(2)(c)(i) omitted (W.) (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 47(b)(i), 56(2)(d)
F24Words in s. 11(2)(c)(ii) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 47(b)(ii), 56(2)(d)
F25 Words in s. 11(3)(a) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(4), 3(3).
F26Words in s. 11(3)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(4), 56(2)(d)
F27Words in s. 11(5) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(5), 56(2)(d)
F28Words in s. 11(5) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(3)
F29 Words in s. 11(5) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(5), 3(3).
F30Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)
F31Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)
F32 S. 11(7) added (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(6), 3(3).
F33Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)
F34Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)
F35S. 11(7ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(b), 56(2)(d)
F36S. 11(7A) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(5)
(1)Subject to the provisions of this Part, if any person—
[F57(ab)sets in position or otherwise uses a snare for the purpose of killing any animal other than a wild bird,
(ac)sets in position or otherwise uses a snare, other than a snare that is operated by hand, for the purpose of taking any animal other than a wild bird,
(ad)uses a snare which is of a nature or is placed (or both) so as to be likely to cause bodily injury to any animal (other than a wild bird) coming into contact with it,]
(b)uses for the purpose of killing or taking any [F58animal] , any bow or cross-bow or any explosive other than ammunition for a firearm; F12 . . .
(c)uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, [F15; or
(d)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,]
he shall be guilty of an offence.
F59(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16(2)Subject to the provisions of this Part, a person shall be guilty of an offence if that person—
(a)uses any trap F60... for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;
[F61(aa)uses a snare for the purpose of killing any wild animal included in Schedule 6 or 6ZA,
(ab)uses a snare, other than a snare that is operated by hand, for the purpose of taking or restraining any wild animal included in Schedule 6 or 6ZA,]
(b)sets in position any trap or snare of such a nature and so placed as to be—
(i)in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;
(ii)in Scotland, likely to cause bodily injury to any such wild animal;
(c)sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—
(i)in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6;
(ii)in Scotland, likely to cause bodily injury to any such wild animal;
(d)uses for the purpose of killing or taking any wild animal included in Schedule 6—
(i)any electrical device for killing or stunning;
(ii)any poisonous, poisoned or stupefying substance;
(iii)any net;
(iv)any automatic or semi-automatic weapon;
(v)any device for illuminating a target or sighting device for night shooting;
(vi)any form of artificial light or any mirror or other dazzling device;
(vii)any gas or smoke not falling within sub-paragraph (ii);
(viii)any sound recording used as a decoy; or
(ix)any mechanically propelled vehicle in immediate pursuit of any such animal;
(e)uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or
(f)knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).]
F62[F63(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3C)Subject to the provisions of this Part, any person who—
(a)is, without reasonable excuse, in possession of; or
(b)sells, or offers or exposes for sale,
a snare which is capable of operating as a self-locking snare or a snare of any other type specified in [F64regulations under subsection (3CA)] shall be guilty of an offence.
[F65(3CA)The Scottish Ministers may by regulations specify types of snare for the purpose of subsection (3C).]
F66(3D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3E)Subject to the provisions of this Part, any person who uses a snare otherwise than in accordance with such requirements as may be specified in an order made by the Scottish Ministers, or who knowingly causes or permits any other person to do so, shall be guilty of an offence.]
(4)The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.
[F67(4A)The Scottish Ministers may by order specify—
(a)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,
(b)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.]
(5)In any proceedings for an offence under subsection [F68(1)(c)] or [F28(2)(a), (d) or (e)], [F29and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs] the animal in question shall be presumed to have been a wild animal unless the contrary is shown.
(6)In any proceedings for an offence under [F30subsection (2)(b) or (c)] it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in [F31the relevant Schedule].
F32[(7)In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in [F33subsection (2)(b) or (c)] it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in [F34the relevant Schedule].]
[F36(7A)In subsections (6) and (7), “the relevant Schedule” means—
(a)where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;
(b)where proceedings relate to an offence under subsection (2)(c), Schedule 6.]
Extent Information
E6This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F12 Word "or" in s. 11(1)(b) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(a), 3(3).
F15 Word "or" and s. 11(1)(d) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(b), 3(3).
F16S. 11(2) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(2)
F28Words in s. 11(5) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(3)
F29 Words in s. 11(5) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(5), 3(3).
F30Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)
F31Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)
F32 S. 11(7) added (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(6), 3(3).
F33Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)
F34Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)
F36S. 11(7A) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(5)
F57S. 11(1)(ab)-(ad) substituted (S.) (25.11.2024) for s. 11(1)(a)(aa) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(a), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F58 Words in s. 11(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(4); S.S.I. 2004/407, art. 2
F59S. 11(1A) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(b), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F60Words in s. 11(2)(a) repealed (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(c)(i), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F61S. 11(2)(aa)(ab) inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(c)(ii), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F62S. 11(3)-(3B) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(i)
F63 S. 11(3)-(3E) substituted (S.) (1.10.2004) for s. 11(3) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(6); S.S.I. 2004/407, art. 2
F64Words in s. 11(3C) substituted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(d), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F65S. 11(3CA) inserted (S.) (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(2)(e), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
F66S. 11(3D) repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(2)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(i)
F67 S. 11(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(7); S.S.I. 2004/407, art. 2
F68 Words in s. 11(5) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(8); S.S.I. 2004/407, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Ss. 11A-11F repealed (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(3), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Ss. 11A-11F repealed (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(3), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Ss. 11A-11F repealed (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(3), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Ss. 11A-11F repealed (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(3), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Ss. 11A-11F repealed (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(3), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Ss. 11A-11F repealed (25.11.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 6(3), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(2)
(1)Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 6A is guilty of an offence.
(2)In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.
Textual Amendments
F38 Ss. 11G , 11H inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)
(1)A person is not guilty of an offence under section 11G(1)—
(a)by reason of the killing of an animal included in Schedule 6A if he had a legal right, or permission from a person who had a right to give permission, to kill such an animal; or
(b)by reason of the taking of such an animal if he had a legal right, or permission from a person who had a right to give permission, to take such an animal.
(2)A person is not guilty of an offence under section 11G(1) by reason of the killing of an animal included in Schedule 6A 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.
(3)Nothing in section 11G makes unlawful—
(a)anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or
(b)anything done under, or in pursuance of an order made under, the Animal Health Act 1981.]
Textual Amendments
F38 Ss. 11G , 11H inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(3), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)
(1)Any person who does any of the following is guilty of an offence—
(a)has in his possession or control any live or dead wild animal which has been killed or taken in contravention of section 10A or 11G, or any part of or anything derived from such an animal;
(b)sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale any such animal or any part of or anything derived from such an animal; or
(c)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.
(2)A person is not guilty of an offence under subsection (1) in relation to an activity mentioned in that subsection if he shows that he carried out the activity concerned with reasonable excuse.
(3)In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.]
Textual Amendments
F39S. 11I inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 8(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(f); S.S.I. 2011/433, art. 2(1)(b)
Schedule 7, which amends certain Acts prohibiting night shooting of hares and rabbits by occupiers of land etc., has effect.]
Textual Amendments
F40S. 12YA inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(2), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)
[F41Schedule 7, which amends the law relating to the protection of certain mammals, shall have effect.]
Textual Amendments
F41S. 12 repealed (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 11(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(b)