45.—(1) [F1Subject to the provisions of this regulation, a licence] under regulation 44–
(a)may be, to any degree, general or specific;
(b)may be granted either to persons of a class or to a particular person; and
(c)may be subject to compliance with any specified conditions.
[F2(1A) A licence under regulation 44(2A) may only be granted to such persons as are named in the licence.]
(2) For the purposes of a licence under regulation 44 the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.
(3) A licence under regulation 44 may be modified or revoked at any time by the appropriate authority; but otherwise shall be valid for the period stated in the licence.
(4) A licence under regulation 44 which authorises any person to kill wild animals shall specify the area within which and the methods by which the wild animals may be killed and shall not be granted for a period of more than two years.
[F3(4A) A licence granted under regulation 44(2A) shall specify—
(a)the species or subspecies of animal or plant to which the licence relates;
(b)the maximum number of specimens which the person authorised by the licence may take or have in his possession or under his control, or which particular specimens that person may take or have in his possession or under his control;
(c)the conditions subject to which the action authorised by the licence may be taken and in particular—
(i)the methods, means or arrangements by which specimens may be taken or be in the possession or control of the person authorised by the licence;
(ii)when or over what period the action authorised by the licence may be taken; and
(iii)where the licence authorises any person to take specimens, the area from which they may be taken.]
(5) It shall be a defence in proceedings for an offence under section 8(b) of the Protection of Animals Act 1911(1) or section 7(b) of the Protection of Animals (Scotland) Act 1912(2) (which restrict the placing on land of poison and poisonous substances) to show that–
(a)the act alleged to constitute the offence was done under and in accordance with the terms of a licence under regulation 44, and
(b)any conditions specified in the licence were complied with.
(6) The appropriate authority may charge for a licence under regulation 44 such reasonable sum (if any) as they may determine.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in reg. 45(1) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(19)(a) (with reg. 9)
F2Reg. 45(1A) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(19)(b) (with reg. 9)
F3Reg. 45(4A) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(19)(c) (with reg. 9)
Commencement Information
I1Reg. 45 in force at 30.10.1994, see reg. 1(2)
45.—(1) [F4Subject to the provisions of this regulation,] A licence under regulation 44–
(a)may be, to any degree, general or specific;
(b)may be granted either to persons of a class or to a particular person; and
(c)may be subject to compliance with any specified conditions.
(2) For the purposes of a licence under regulation 44 the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.
(3) A licence under regulation 44 may be modified or revoked at any time by the appropriate authority; but otherwise shall be valid for the period stated in the licence.
(4) A licence under regulation 44 which authorises any person to kill wild animals shall specify the area within which and the methods by which the wild animals may be killed and shall not be granted for a period of more than two years.
[F5(4A) A licence granted under regulation 44(2A) shall specify–
(a)the species of animal or plant the specimens of which the person authorised by the licence may take or possess or control;
(b)the maximum number of specimens which the person authorised by the licence may take or possess or control, or which particular specimens that person may take or possess or control; and
(c)the conditions subject to which the action authorised by the licence may be taken and in particular–
(i)the methods, means or arrangements by which specimens may be taken or be in the possession or control of the person authorised by the licence;
(ii)when or over what period the action authorised by the licence may be taken; and
(iii)where it authorises any person to take specimens, the area from which they may be taken.]
(5) It shall be a defence in proceedings for an offence under section 8(b) of the Protection of Animals Act 1911(1) or section 7(b) of the Protection of Animals (Scotland) Act 1912(2) (which restrict the placing on land of poison and poisonous substances) to show that–
(a)the act alleged to constitute the offence was done under and in accordance with the terms of a licence under regulation 44, and
(b)any conditions specified in the licence were complied with.
(6) The appropriate authority may charge for a licence under regulation 44 such reasonable sum (if any) as they may determine.
Textual Amendments
F4Words in reg. 45(1) inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 16(a)
F5Reg. 45(4A) inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 16(b)
1911 c. 27; section 8 was amended by section 1 of the Protection of Animals (Amendment) Act 1927 (c. 27).