[F1(1)]A person is guilty of an offence if, except as permitted by or under this Act, he interferes with a badger sett by doing any of the following things—
(a)damaging a badger sett or any part of it;
(b)destroying a badger sett;
(c)obstructing access to, or any entrance of, a badger sett;
(d)causing a dog to enter a badger sett; or
(e)disturbing a badger when it is occupying a badger sett,
intending to do any of those things or being reckless as to whether his actions would have any of those consequences.
[F2(2)A person is guilty of an offence if, except as permitted by or under this Act, he knowingly causes or permits to be done an act which is made unlawful by subsection (1) above.]
Textual Amendments
F1 S. 3 renumbered as s. 3(1) (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(3)(a); S.S.I. 2004/407, art. 2(b)
F2S. 3(2) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(3)(b); S.S.I. 2004/407, art. 2(b)