Search Legislation

Protection of Badgers Act 1992

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Protection of Badgers Act 1992, Section 10. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

10 Licences.E+W+S

(1)A licence may be granted to any person by[F1the appropriate [F2conservation body][F2authority]] authorising him, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence—

(a)for scientific or educational purposes or for the conservation of badgers—

(i)to kill or take, within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified; or

(ii)to interfere with any badger sett within an area specified in the licence by any means so specified;

(b)for the purpose of any zoological gardens or collection specified in the licence, to take within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified;

(c)for the purpose of ringing and marking, to take badgers within an area specified in the licence, to mark such badgers or to attach to them any ring, tag or other marking device as specified in the licence;

(d)for the purpose of any development as defined in section 55(1) of the M1Town and Country Planning Act 1990 or, as respects Scotland, [F3section 26(1) of the Town and Country Planning (Scotland) Act 1997], to interfere with a badger sett within an area specified in the licence by any means so specified;

(e)for the purpose of the preservation, or archaeological investigation, of a monument scheduled under section 1 of the M2Ancient Monuments and Archaeological Areas Act 1979, to interfere with a badger sett within an area specified in the licence by any means so specified;

(f)for the purpose of investigating whether any offence has been committed or gathering evidence in connection with proceedings before any court, to interfere with a badger sett within an area specified in the licence by any means so specified.

[F4(g)for the purpose of preventing the spread of disease, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified;

(h)for the purpose of preventing serious damage to land, crops, poultry or any other form of property, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified;

(i)for the purpose of any agricultural or forestry operation, to interfere with a badger sett within an area specified in the licence by any means so specified;

(j)]for the purpose of any operation (whether by virtue of the M3Land Drainage Act 1991 or otherwise) to maintain or improve any existing watercourse or drainage works, or to construct new works required for the drainage of any land, including works for the purpose of defence against sea water or tidal water, to interfere with a badger sett within an area specified in the licence by any means so specified.

[F5(k)to interfere with a badger sett within an area specified in the licence by any means so specified for the purpose of controlling foxes in order to protect livestock, game or wild life.]

(2)[F6A licence may be granted to any person by the appropriate Minister authorising him, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence—]

(3)[F7A licence may be granted to any person either by [F8the appropriate conservation body] or the appropriate Minister authorising that person, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence,]

(4)[F9In this section “[F10the appropriate conservation body]” means, in relation to a licence for an area—

(a)in England, [F11[F12Natural England]];

(b)in Wales, [F13the Natural Resources Body for Wales]; and

(c)in Scotland, Scottish Natural Heritage.]

[F9 In this section “ the appropriate authority ” means the Scottish Ministers or such other person to whom the Scottish Ministers delegate power under section 10A below. ]

(5)[F14 In this section “ the appropriate Minister ” means in relation to a licence for an area—

(a)in England, the [F15Secretary of State]; and

(b)in Wales or in Scotland, the Secretary of State.]

[F16The Scottish Ministers must consult Scottish Natural Heritage before granting a licence under subsection (1) above.]

(7)[F19In relation to Scottish Natural Heritage subsection (6) above shall have effect with the omission of the reference to subsection (2)(c) and (d).]

(8)A licence granted under this section may be [F20modified or]revoked at any time by the authority by whom it was granted, and without prejudice to any other liability to a penalty which he may have incurred under this or any other Act, a person who contravenes or fails to comply with any condition imposed on the grant of a licence under this section is guilty of an offence.

(9)A licence under this section shall not be unreasonably withheld or revoked.

(10)It shall be a defence in proceedings for an offence under section 8(b) of the M4Protection of Animals Act 1911 or section 7(b) of the M5Protection of Animals (Scotland) Act 1912 (each of which restricts the placing on land of poison and poisonous substances) to show that—

(a)the act alleged to constitute the offence was done under the authority of a licence granted under [F21subsection (2)(a)][F21subsection (1)(g)] above; and

(b)any conditions specified in the licence were complied with.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 Words in s. 10(1)(d) substituted (27.5.1997) by 1997 c. 11 , ss. 4 , 6(2) , Sch. 2 para. 53

F4 S. 10(2)(a)-(d) renumbered as s. 10(1)(g)-(j) (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 33(6)(b)(ii) , 43(1) (with s. 41(1) ); S.S.I. 2011/279 , art. 2(1)(m)

F5 Words in s. 10(3) renumbered as s. 10(1)(k) (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 33(6)(c)(ii) , 43(1) (with s. 41(1) ); S.S.I. 2011/279 , art. 2(1)(m)

F11[Words in s. 10(4)(a) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 1(s)]

F15 Words in s. 10(5)(a) substituted (27.3.2002) by S.I. 2002/794 , art. 5(1) , Sch. 1 para. 35 (with art. 6 )

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources