Part I Wildlife
Protection of other animals F7and prevention of poaching
E110 Exceptions to s. 9.
1
Nothing in section 9 shall make unlawful—
a
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 F1conservation bodyF2for 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.
E210 Exceptions to s. 9.
1
Nothing in section 9 shall make unlawful—
a
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 F3 (“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.
F43A
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 F5conservation bodyF2for 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.
F66A
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.
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)