CHAPTER 1Animal welfare, animal health and wildlife: offences and penalties
Wildlife offences: penalties
I18Protection of Badgers Act 1992: penalties for offences
1
The Protection of Badgers Act 1992 is amended as follows.
2
In section 12 (penalties)—
a
in subsection (1)—
i
for “six” substitute “
twelve
”
,
ii
for “level 5 on the standard scale” substitute “
£40,000
”
,
iii
for “that level” substitute “
level 5 on the standard scale
”
,
b
in subsection (1ZA), paragraph (b) (together with “and” immediately preceding it) are repealed,
c
in subsection (1B)—
i
for paragraph (a) substitute—
a
section 1(3) and (6) (in relation to an act made unlawful by section 1(3)),
ii
paragraphs (b) and (c) are repealed,
d
after subsection (1B) insert—
1C
A person guilty of an offence under a provision mentioned in subsection (1D) is liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 or both,
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or both.
1D
The provisions referred to in subsection (1C) are—
a
section 1(1) and (6) (in relation to an act made unlawful by section 1(1)),
b
section 2(1)(a) to (c) and (3) (in relation to an act made unlawful by section 2(1)(a) to (c)),
c
section 3.
e
in subsection (2), for “or (1A)(a)” substitute “
, (1A)(a) or (1C)(a)
”
.
3
In section 12A (time limit for bringing summary proceedings)—
a
in subsection (1), for “any of sections 1 to 5 or 10(8) of this Act” substitute “
a provision mentioned in subsection (1A)
”
,
b
after that subsection insert—
1A
The provisions referred to in subsection (1) are—
a
section 1(3), (5) and (6) (in relation to an act made unlawful by section 1(3)),
b
section 2(1)(d) and (3) (in relation to an act made unlawful by section 2(1)(d)),
c
section 3,
d
section 4,
e
section 5,
f
section 10(8).