Part I Wildlife

Supplemental

F118B Group 1 offences and licences: power to enter premises

(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.

F218BLiability where securing services through another

(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).