Part I Wildlife
Supplemental
C1E118B F1Group 1 offences and licences: power to enter premises
1
A wildlife inspector may, at any reasonable time, enter and inspect any premises—
a
for the purpose of ascertaining whether a Group 1 offence is being or has been committed;
b
for the purpose of—
i
verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 1 licence, or
ii
ascertaining whether any condition to which a Group 1 licence was subject has been complied with.
2
In this Part—
“Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and
“Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.
3
Nothing in this section confers power to enter a dwelling.
E218BF2Liability where securing services through another
1
This subsection applies where, on or in relation to any land—
a
a person (A) commits a relevant offence;
b
at the time the offence is committed, A is providing relevant services for a person (B); and
c
B—
i
has a legal right to kill or take a wild bird on or over that land; or
ii
manages or controls the exercise of any such right.
2
Where subsection (1) applies, B is also guilty of the offence and liable to be proceeded against and punished accordingly.
3
In any proceedings under subsection (2), it is a defence for B to show—
a
that B did not know that the offence was being committed by A; and
b
that B took all reasonable steps and exercised all due diligence to prevent the offence being committed.
4
Proceedings may be taken against B in respect of the offence whether or not proceedings are also taken against A.
5
For the purposes of subsection (1)(b), A is providing “relevant services” for B—
a
if A manages or controls any of the following—
i
the operation or activity of killing or taking any wild birds on or over that land;
ii
the habitat of any such birds on that land;
iii
the presence on or over that land of predators of any such birds;
iv
the release of birds from captivity for the purpose of their being killed or taken on or over that land; and
b
whether A is providing the services—
i
by arrangement between A and B; or
ii
by arrangement with or as employee or agent of any other person (C) who is providing or securing the provision of relevant services for B.
6
For the purposes of subsection (5)(b)(ii), C is providing or securing the provision of relevant services for B if C manages or controls any of the things mentioned in sub-paragraphs (i) to (iv) of subsection (5)(a).