8For subsections (2) and (3) of section 1 of the M1 Badgers Act 1973 (possession of recently killed badgers etc. ) there shall be substituted the following subsections—
“(2)If, save as permitted by or under this Act, any person has in his possession or under his control any dead badger or any part of, or anything derived from, a dead badger, he shall be guilty of an offence.
(3)A person shall not be guilty of an offence under subsection (2) above if he shows that—
(a)the badger had not been killed, or had been killed otherwise than in contravention of the provisions of this Act ; or
(b)the badger or other thing in his possession or control had been sold (whether to him or any other person) and, at the time of the purchase, the purchaser had had no reason to believe that the badger had been killed in contravention of those provisions.”
Marginal Citations