Chwilio Deddfwriaeth

Wildlife and Countryside Act 1981

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Point in time view as at 01/10/2004.

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Wildlife and Countryside Act 1981, Cross Heading: Protection of other animals is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Protection of other animalsE+W+S

9 Protection of certain wild animals.E+W+S

(1)Subject to the provisions of this Part, if any person intentionally [F1or recklessly] kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any person has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal, he shall be guilty of an offence.

(3)A person shall not be guilty of an offence under subsection (2) if he shows that—

(a)the animal had not been killed or taken, or had been killed or taken [F2at or from a place in Scotland] otherwise than in contravention of the relevant provisions; [F3or]

(b)the animal or other thing in his possession or control had been sold [F4at a place in Scotland](whether to him or any other person) otherwise than in contravention of those provisions [F5; or

(c)that the animal or other thing in his possession or control had been killed at, taken from or sold at a place outwith Scotland and—

(i)that the act of killing, taking or sale would not, if it had been committed in Scotland, have been in contravention of the relevant provisions; or

(ii)that the animal or other thing had been brought from the place where it was killed, taken or sold in accordance with the relevant regulations.]

[F6and in this subsection "the relevant provisions" means the provisions of this Part and of the Conservation of Wild Creatures and Wild Plants Act 1975]

[F7(3A)In subsection (3)—

  • the relevant provisions” means such of the provisions of the Conservation of Wild Creatures and Wild Plants Act 1975 (c. 48) and this Part as were in force at the time when the animal was killed or taken or, as the case may be, the animal or other thing was sold, and

  • the relevant regulations” means—

    (a)

    Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade, and

    (b)

    Commission Regulation 1808/2001/EC on the implementation of that Council Regulation,

    as amended from time to time (or any Community instrument replacing either of them).]

(4)Subject to the provisions of this Part, if any person intentionally [F8or recklessly]

(a)damages or destroys, or obstructs access to, any structure or place which any wild animal included in Schedule 5 uses for shelter or protection; or

(b)disturbs any such animal while it is occupying a structure or place which it uses for that purpose,

he shall be guilty of an offence.

[F9(4A)Subject to the provisions of this Part, if any person intentionally or recklessly disturbs any wild animal included in Schedule 5 as—

(a)a dolphin or whale (cetacea), or

(b)a basking shark (cetorhinus maximus),

he shall be guilty of an offence.]

[F10(4A)Subject to the provisions of this Part, any person who, intentionally or recklessly, disturbs or harasses any wild animal included in Schedule 5 as a—

(a)dolphin, whale or porpoise (cetacea); or

(b)basking shark (cetorhinus maximus),

shall be guilty of an offence.]

(5)Subject to the provisions of this Part, if any person—

(a)sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal; or

(b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things,

he shall be guilty of an offence.

[F11(5A)Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by any of the foregoing provisions of this section (other than subsection (5)(b)) shall be guilty of an offence.]

(6)In any proceedings for an offence under subsection (1), (2) or (5)(a) [F12or for an offence under subsection (5A) relating to an act which is mentioned in subsection (1), (2) or (5)(a)] , the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

Textual Amendments

F5 S. 9(3)(c) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(3)(d); S.S.I. 2004/407, art. 2

F8 Words in s. 9(4) inserted (30.1.2001 for E.W. and 1.10.2004 for S.) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 5(a) and by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 8(5); S.S.I. 2004/407, art. 2

F9 S. 9(4A) inserted (E.W.) (30.1.2001) by 2000 c. 37 , ss. 81(1), 103(2), Sch. 12 para. 5(b)

10 Exceptions to s. 9.E+W

(1)Nothing in section 9 shall make unlawful—

(a)anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M1Agriculture Act 1947, or by the Secretary of State under section 39 of the M2Agriculture (Scotland) Act 1948; or

(b)anything done under, or in pursuance of an order made under, the M3Animal Health Act 1981.

(2)Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house.

(3)Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—

(a)the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

(b)the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

(c)any act made unlawful by that section if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.

(4)Notwithstanding anything in section 9, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5 if he shows that his action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

(5)A person shall not be entitled to rely on the defence provided by subsection (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the Nature Conservancy Council [F13for the area in which the house is situated or, as the case may be, the act is to take place] of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used.

(6)An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either—

(a)a licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

(b)an application for such a licence had been determined.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

Marginal Citations

10 Exceptions to s. 9.S

(1)Nothing in section 9 shall make unlawful—

(a)anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food or the Secretary of State under section 98 of the M1Agriculture Act 1947, or by the Secretary of State under section 39 of the M2Agriculture (Scotland) Act 1948; or

(b)anything done under, or in pursuance of an order made under, the M3Animal Health Act 1981.

(2)Nothing in subsection (4) of section 9 shall make unlawful anything done within a dwelling-house.

(3)Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—

(a)the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

(b)the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or

(c)any act made unlawful by that section [F21 (“an unlawful act”) if he shows—

(i)that each of the conditions specified in subsection (3A) was satisfied in relation to the carrying out of the unlawful act, or

(ii)that the unlawful act was carried out in relation to an animal bred and, at the time the act was carried out, lawfully held in captivity.]

[F22(3A)Those conditions are—

(a)that the unlawful act was the incidental result of a lawful operation or other activity;

(b)that the person who carried out the lawful operation or other activity—

(i)took reasonable precautions for the purpose of avoiding carrying out the unlawful act; or

(ii)did not foresee, and could not reasonably have foreseen, that the unlawful act would be an incidental result of the carrying out of the lawful operation or other activity; and

(c)that the person who carried out the unlawful act took, immediately upon the consequence of that act becoming apparent to the person, such steps as were reasonably practicable in the circumstances to minimise the damage or disturbance to the wild animal, or the damage or obstruction to the structure or place, in relation to which the unlawful act was carried out.]

(4)Notwithstanding anything in section 9, an authorised person shall not be guilty of an offence by reason of the killing or injuring of a wild animal included in Schedule 5 if he shows that his action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries.

(5)A person shall not be entitled to rely on the defence provided by subsection (2) or (3)(c) as respects anything done in relation to a bat otherwise than in the living area of a dwelling house unless he had notified the Nature Conservancy Council [F13for the area in which the house is situated or, as the case may be, the act is to take place] of the proposed action or operation and allowed them a reasonable time to advise him as to whether it should be carried out and, if so, the method to be used.

(6)An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time if it had become apparent, before that time, that that action would prove necessary for the purpose mentioned in that subsection and either—

(a)a licence under section 16 authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

(b)an application for such a licence had been determined.

[F23(6A)An authorised person shall not be entitled to rely on the defence provided by subsection (4) as respects any action taken at any time unless he notified the Scottish Ministers as soon as reasonably practicable after that time that he had taken the action.]

Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F21 Words in s. 10(3)(c) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 9(a); S.S.I. 2004/407, art. 2

Marginal Citations

11 Prohibition of certain methods of killing or taking wild animals.E+W

(1)Subject to the provisions of this Part, if any person—

(a)sets in position any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith;

(b)uses for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as aforesaid, any bow or cross-bow or any explosive other than ammunition for a firearm; F14 . . .

(c)uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, [F15 ; or

(d)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,]

he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any person—

(a)sets in position any of the following articles, being an article which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedule 6 which comes into contact therewith, that is to say, any trap or snare, any electrical device for killing or stunning or any poisonous, poisoned or stupefying substance;

(b)uses for the purpose of killing or taking any such wild animal any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net;

(c)uses for the purpose of killing or taking any such wild animal—

(i)any automatic or semi-automatic weapon;

(ii)any device for illuminating a target or sighting device for night shooting;

(iii)any form of artificial light or any mirror or other dazzling device; or

(iv)any gas or smoke not falling within paragraphs (a) and (b);

(d)uses as a decoy, for the purpose of killing or taking any such wild animal, any sound recording; F16 . . .

(e)uses any mechanically propelled vehicle in immediate pursuit of any such wild animal for the purpose of driving, killing or taking that animal, [F17 ; or

(f)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection,]

he shall be guilty of an offence.

(3)Subject to the provisions of this Part, if any person—

(a)sets in position [F18or knowingly causes or permits to be set in position] any snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; and

(b)while the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day,

he shall be guilty of an offence.

(4)The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.

(5)In any proceedings for an offence under subsection (1)(b) or (c) or (2)(b), (c), (d) or (e), [F19and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs] the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

(6)In any proceedings for an offence under subsection (2)(a) it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in Schedule 6.

[F20(7)In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in subsection (2)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in Schedule 6.]

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F14 Word "or" in s. 11(1)(b) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(a), 3(3).

F15 Word "or" and s. 11(1)(d) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(b), 3(3).

F16 Word "or" in s. 11(2)(d) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(3)(a), 3(3).

F17 Word "or" and s. 11(2)(f) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(3)(b), 3(3).

F18 Words in s. 11(3)(a) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(4), 3(3).

11 Prohibition of certain methods of killing or taking wild animals.S

(1)Subject to the provisions of this Part, if any person—

(a)sets in position [F24or otherwise uses] any self-locking snare [F25or a snare of any other type specified in an order made by the Scottish Ministers] ;

[F26(aa)sets in position or otherwise uses any other type of snare which is either of such a nature or so placed (or both) as to be calculated to cause unnecessary suffering to any animal coming into contact with it;]

(b)uses for the purpose of killing or taking any [F27animal] , any bow or cross-bow or any explosive other than ammunition for a firearm; F14 . . .

(c)uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, [F15 ; or

(d)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,]

he shall be guilty of an offence.

(2)Subject to the provisions of this Part, if any person—

(a)sets in position any of the following articles, being an article which is of such a nature and so placed as to be [F28likely] to cause bodily injury to any wild animal included in Schedule 6 which comes into contact therewith, that is to say, any trap or snare, any electrical device for killing or stunning or any poisonous, poisoned or stupefying substance;

(b)uses for the purpose of killing or taking any such wild animal any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net;

(c)uses for the purpose of killing or taking any such wild animal—

(i)any automatic or semi-automatic weapon;

(ii)any device for illuminating a target or sighting device for night shooting;

(iii)any form of artificial light or any mirror or other dazzling device; or

(iv)any gas or smoke not falling within paragraphs (a) and (b);

(d)uses as a decoy, for the purpose of killing or taking any such wild animal, any sound recording; F16 . . .

(e)uses any mechanically propelled vehicle in immediate pursuit of any such wild animal for the purpose of driving, killing or taking that animal, [F17 ; or

(f)knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection,]

he shall be guilty of an offence.

[F29(3)Any person who sets a snare in position or who knowingly causes or permits a snare to be so set must, while it remains in position, inspect it or cause it to be inspected at least once every day at intervals of no more than 24 hours.

(3A)Any person who, while carrying out such an inspection, finds an animal caught by the snare being inspected must, during the course of the inspection, release or remove the animal (whether live or dead).

(3B)Subject to the provisions of this Part, any person who—

(a)without reasonable excuse, contravenes subsection (3), or

(b)contravenes subsection (3A),

shall be guilty of an offence.

(3C)Subject to the provisions of this Part, any person who—

(a)is, without reasonable excuse, in possession of; or

(b)sells, or offers or exposes for sale,

a snare which is capable of operating as a self-locking snare or a snare of any other type specified in an order under subsection (1)(a) shall be guilty of an offence.

(3D)Subject to the provisions of this Part, any person who, without reasonable excuse—

(a)while on any land, has in his possession any snare without the authorisation of the owner or occupier of the land; or

(b)sets any snare in position on any land without the authorisation of the owner or occupier of the land,

shall be guilty of an offence.

(3E)Subject to the provisions of this Part, any person who uses a snare otherwise than in accordance with such requirements as may be specified in an order made by the Scottish Ministers, or who knowingly causes or permits any other person to do so, shall be guilty of an offence.]

(4)The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.

[F30(4A)The Scottish Ministers may by order specify—

(a)criteria which articles of a type referred to in subsections (1) to (3E) must meet to be treated as articles of that type for the purposes of those subsections,

(b)circumstances in which articles of that type are to be treated as having been set or used in a manner which constitutes an offence under those subsections.]

(5)In any proceedings for an offence under subsection [F31(1)(c)] or (2)(b), (c), (d) or (e), [F19and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs] the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

(6)In any proceedings for an offence under subsection (2)(a) it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in Schedule 6.

[F20(7)In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in subsection (2)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in Schedule 6.]

Extent Information

E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F14 Word "or" in s. 11(1)(b) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(a), 3(3).

F15 Word "or" and s. 11(1)(d) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(b), 3(3).

F16 Word "or" in s. 11(2)(d) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(3)(a), 3(3).

F17 Word "or" and s. 11(2)(f) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(3)(b), 3(3).

F27 Words in s. 11(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(4); S.S.I. 2004/407, art. 2

F28 Word in s. 11(2)(a) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(5); S.S.I. 2004/407, art. 2

F29 S. 11(3)-(3E) substituted (S.) (1.10.2004) for s. 11(3) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.10(6); S.S.I. 2004/407, art. 2

12 Protection of certain mammals.E+W+S

Schedule 7, which amends the law relating to the protection of certain mammals, shall have effect.

Yn ôl i’r brig

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