Badgers Act 1991

3 Extension of general exceptions

In Section 8 (General exceptions) of the [1973 c. 57.] Badgers Act 1973, at the end, there shall be inserted—

“(5) A person shall not be guilty of an offence under section 2(3)(a), (c) or (e) of this Act by reason of obstructing any entrance of a badger sett for the purpose of hunting foxes with hounds provided that he takes no action other than obstructing such entrances, does not dig into the tops or sides of the entrances, that the materials so used are not packed hard into the entrances, that the materials so used are only—

(a) untainted straw or hay, or leaf-litter, or bracken, or loose soil placed in the entrances on the day of the hunt, or after midday of the day preceding the day of the hunt, or

(b) a bundle of sticks or faggots, or paper sacks either empty or filled with untainted straw, or hay, or leaf-litter, or bracken, or loose soil, placed in the entrances on the day of the hunt and removed the same day,

and that the person is so doing with the authority of the landowner or occupier and is authorised by a Hunt recognised by the Masters of Fox Hounds Association, the Association of Masters of Harriers and Beagles or the Central Committee of Fell Packs, which Hunt shall keep a register of all such persons.

(6) A person shall not be guilty of an offence under section 2(3)(a) or (c) or (e) of this Act by reason of his hounds marking at a badger sett, provided they are withdrawn as soon as reasonably practicable.”