(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 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 Nature Conservancy Council [F1for 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.
Textual Amendments
F1 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