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Wildlife and Countryside Act 1981

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[F118B Group 1 offences and licences: power to enter premisesE+W

(1)A wildlife inspector may, at any reasonable time, enter and inspect any premises—

(a)for the purpose of ascertaining whether a Group 1 offence is being or has been committed;

(b)for the purpose of—

(i)verifying any statement or representation made, or document or information supplied, by an occupier in connection with an application for, or the holding of, a Group 1 licence, or

(ii)ascertaining whether any condition to which a Group 1 licence was subject has been complied with.

(2)In this Part—

  • Group 1 offence” means an offence under section 1, 5, 9(1), (2) or (4), 11, 13(1) or 14ZA, and

  • Group 1 licence” means a licence authorising anything which would otherwise be a Group 1 offence.

(3)Nothing in this section confers power to enter a dwelling.]

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

Textual Amendments

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[F218BLiability where securing services through anotherS

(1)This subsection applies where, on or in relation to any land—

(a)a person (A) commits a relevant offence;

(b)at the time the offence is committed, A is providing relevant services for a person (B); and

(c)B—

(i)has a legal right to kill or take a wild bird on or over that land; or

(ii)manages or controls the exercise of any such right.

(2)Where subsection (1) applies, B is also guilty of the offence and liable to be proceeded against and punished accordingly.

(3)In any proceedings under subsection (2), it is a defence for B to show—

(a)that B did not know that the offence was being committed by A; and

(b)that B took all reasonable steps and exercised all due diligence to prevent the offence being committed.

(4)Proceedings may be taken against B in respect of the offence whether or not proceedings are also taken against A.

(5)For the purposes of subsection (1)(b), A is providing “relevant services” for B—

(a)if A manages or controls any of the following—

(i)the operation or activity of killing or taking any wild birds on or over that land;

(ii)the habitat of any such birds on that land;

(iii)the presence on or over that land of predators of any such birds;

(iv)the release of birds from captivity for the purpose of their being killed or taken on or over that land; and

(b)whether A is providing the services—

(i)by arrangement between A and B; or

(ii)by arrangement with or as employee or agent of any other person (C) who is providing or securing the provision of relevant services for B.

(6)For the purposes of subsection (5)(b)(ii), C is providing or securing the provision of relevant services for B if C manages or controls any of the things mentioned in sub-paragraphs (i) to (iv) of subsection (5)(a).]

Extent Information

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

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