Badgers Act 1973 (repealed 16.10.1992)

9 Licences. E+W+S

(1) A licence may be granted to any person by the appropriate authority specified in the next subsection authorising that person, 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 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;

(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 preventing the spread of disease to kill or take badgers within an area specified in the licence by any means so specified;

[F1 (e) for the purpose of preventing serious damage to land, crops, poultry or any other form of property, to kill or take badgers within an area specified in the licence by any means so specified.]

(2) The appropriate authority for the grant of a licence under the foregoing subsection shall be—

(a) in the case of a licence under paragraph (a), (b) or (c) of that subsection, the [F2 Nature Conservancy Council for England, the Nature Conservancy Council for Scotland or the Countryside Council for Wales (according as the area specified in the licence is in England, Scotland or Wales)];

(b) in the case of a licence under paragraph (d) [F3 or (e)] of that subsection, the Minister of Agriculture, Fisheries and Food or, in Scotland, the Secretary of State.

(3) A licence granted under this section may be 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, any person who contravenes or fails to comply with any condition imposed on the grant of a licence under this section shall be guilty of an offence.

[F4 (4) The Minister of Agriculture, Fisheries and Food and the Secretary of State shall from time to time consult with [F5 each of the following bodies, namely, the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland, and the Countryside Council for Wales as to the exercise in the respective areas of those Councils of the functions of those Ministers](under subsection (1)(e) above; and neither of them shall grant a licence of any description unless he has been advised by the Council [F6 for the area specified in the licence] as to the circumstances in which, in the Council’s opinion, licences of that description should be granted.]

[F7 (4) It shall be a defence in proceedings for an offence under section 8(b) of the M1 Protection of Animals Act 1911 or section 7(b) of the M2 Protection 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 paragraph (a) of subsection (1) of this section; and

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

Textual Amendments

F1 S. 9(1)(e) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7 para. 10(2)

F2 Words in s. 9(2)(a) substituted (1.4.1991) by virtue of Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 6(2); S.I. 1991/685, art.3

F3 Words inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7 para. 10(3)

F4 S. 9(4) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7 para. 10(4)

F5 Words in s. 9(4) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 6(3)(b); S.I. 1991/685, art. 3

F6 Words in s. 9(4) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132, Sch. 9 para. 6(3)(b); S.I. 1991/685, art. 3

F7 S. 9(4) added by Conservation of Wild Creatures and Wild Plants Act 1975 (c. 48), s. 16, (the amendment of s. 9 by s. 16 of the Conservation of Wild Creatures and Wild Plants Act 1975 (c. 48) continues to have effect notwithstanding the repeal of the 1975 Act: Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73(4), Sch. 17 Pt. II)

Marginal Citations

M1 1911 c. 27(4:5).

M2 1912 c. 14(4:5).