Part I Wildlife

Supplemental

F119ZA Enforcement: wildlife inspectors.

1

In this Part, “wildlife inspector” means a person authorised in writing by the Secretary of State under this subsection.

2

An authorisation under subsection (1) is subject to any conditions or limitations specified in it.

3

A wildlife inspector may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised—

a

enter and inspect any premises for the purpose of ascertaining whether an offence under section 6, 9(5) or 13(2) is being, or has been, committed on those premises;

b

enter and inspect any premises where he has reasonable cause to believe that any birds included in Schedule 4 are kept, for the purpose of ascertaining whether an offence under section 7 is being, or has been, committed on those premises;

c

enter any premises for the purpose of ascertaining whether an offence under section 14 is being, or has been, committed on those premises;

d

enter and inspect any premises for the purpose of verifying any statement or representation which has been made by an occupier, or any document or information which has been furnished by him, and which he made or furnished—

i

for the purposes of obtaining (whether for himself or another) a relevant registration or licence, or

ii

in connection with a relevant registration or licence held by him.

4

In subsection (3)—

a

paragraphs (a) and (b) do not confer power to enter a dwelling except for purposes connected with—

i

a relevant registration or licence held by an occupier of the dwelling, or

ii

an application by an occupier of the dwelling for a relevant registration or licence; and

b

paragraph (c) does not confer any power to enter a dwelling.

5

A wildlife inspector may, for the purpose of ascertaining whether an offence under section 6, 7, 9(5), 13(2) or 14 is being, or has been, committed in respect of any specimen, require any person who has the specimen in his possession or control to make it available for examination by the inspector.

6

Any person who has in his possession or control any live bird or other animal shall give any wildlife inspector acting in the exercise of powers conferred by this section such assistance as the inspector may reasonably require for the purpose of examining the bird or other animal.

7

Any person who—

a

intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by subsection (3) or (5), or

b

fails without reasonable excuse to give any assistance reasonably required under subsection (6),

shall be guilty of an offence.

8

Any person who, with intent to deceive, falsely pretends to be a wildlife inspector shall be guilty of an offence.

9

In this section—

  • “relevant registration or licence” means—

    1. a

      a registration in accordance with regulations under section 7(1), or

    2. b

      a licence under section 16 authorising anything which would otherwise be an offence under section 6, 7, 9(5), 13(2) or 14; and

  • “specimen” means any bird, other animal or plant or any part of, or anything derived from, a bird, other animal or plant.