A constable leaving any land which has been entered in exercise of a power conferred by subsection (2) above or by a warrant under subsection (3) above, being either unoccupied land or land from which the occupier is temporarily absent, must leave it as effectively secured against unauthorised entry as the constable found it. (2)A delegation may be, to any degree, general or specific and may in particular relate to—. order the applicant to pay all or any part of the costs of the application; has custody of a dog in contravention of an order under subsection (1)(b) above; or. 33(5)(a) , 43(1) (with s. 41(1) ); S.S.I. A licence under this section shall not be unreasonably withheld or revoked. (with reg. . 2(b), F3 S. 1(6) added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 2011/279 , art. unless the owner of the dog gives notice to the court which made the order that he does not intend to appeal against it. . 12A, 12B inserted (S.) (1.10.2004) by, Words in s. 12A(1) substituted (S.) (30.11.2020) by, Where an offence under this Act committed—, by a body corporate, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—, is a director, manager or secretary of the body corporate, or, by a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—, by an unincorporated association other than a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—, is concerned in the management or control of the association, or. ISBN: 9780105451921 Paperback Dec 1992 Usually dispatched within 4 days. 2011/279 , art. (b)section 2(1)(a) to (c) and (3) (in relation to an act made unlawful by section 2(1)(a) to (c)). 2(b), F68Words in s. 12A(1) substituted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 3), F63S. Under the Act it is an offence to actually or attempt to wilfully kill, injury or take a badger. . Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 26(9)(a)(ii) ; S.S.I. 8(2)(e), 22(2); S.S.I. . 6 ; S.I. 3), (1)Where an offence under this Act committed—, (a)by a body corporate, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—, (i)is a director, manager or secretary of the body corporate, or. . For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact. Protection of Badgers Act, 1992 . ), F31 Words in s. 10(4)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 2(1)(m), F39 Words in s. 10(8) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 26(8) ; S.S.I. (2)[F2If, in any proceedings for an offence under subsection (1) above consisting of attempting to kill, injure or take a badger, there is evidence from which it could reasonably be concluded that at the material time the accused was attempting to kill, injure or take a badger, he shall be presumed to have been attempting to kill, injure or take a badger unless the contrary is shown.]. . 6 para. 2006/2541, art. ], [F42(1)A constable who suspects with reasonable cause that any person is committing or has committed an offence under this Act may, without warrant—. (e)disturbing a badger when it is occupying a badger sett. . 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. Date: 1996. . (1)A person guilty of an offence under [F48section 1(1) or (3), [F492 or 3 above][F492(1)(d), 3(1)(a) to (c) or (e) above or under section 3(2) above][F48a provision mentioned in subsection (1ZA) below] (in relation to an act made unlawful by section 3(1)(a) to (c) or (e) above)] is liable on summary conviction to imprisonment for a term not exceeding [F50six] [F50twelve] months or a fine not exceeding [F51level 5 on the standard scale] [F51£40,000] or both; and a person guilty of an offence under section [F524,] 5 [F53(1) or (2)] or 10(8) above or 13(7) below is liable on summary conviction to a fine not exceeding [F54that level] [F54level 5 on the standard scale]. . This Act seeks to consolidate, improve and re-enact previous legislation. 2(b), F58 Words in s. 12(1A) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. (a) in subsection (3), for the words “Crown Court against the order” there shall be substituted the words “ High Court of Justiciary against the order within the period of seven days beginning with the date of the order ” ; (b)for subsection (4)(a) there shall be substituted—, “(a)until the end of the period of seven days beginning with the date of the order”; and. 2(1)(m). 6 para. . . 8. . 6 para. Document Library. (b)any conditions specified in the licence were complied with. 1992; see s.15(3). 26(3)(b); S.S.I. . A constable authorised by virtue of this section to enter any land must, if required to do so by the occupier or anyone acting on the occupier’s behalf, produce evidence of the constable’s authority. 2, Sch. (2)Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. 2013/755), art. F48 Words in s. 12(1) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. (2)If in any proceedings for an offence under subsection (1)(c) above there is evidence from which it could reasonably be concluded that at the material time the accused was digging for a badger he shall be presumed to have been digging for a badger unless the contrary is shown. . (d)he uses for the purpose of killing or taking a badger any firearm other than a smooth bore weapon of not less than 20 bore or a rifle using ammunition having a muzzle energy not less than 160 footpounds and a bullet weighing not less than 38 grains. 9; S.S.I. 6 para. Act: functions transferred (W.) (1.7.1999) by, A person is guilty of an offence if, except as permitted by or under this Act, he wilfully kills, injures or takes. . (1)Subject to subsection (2) below, a person is not guilty of an offence under section [F143][F14 3(1) or (2) ] above if he shows that his action was necessary for the purpose of preventing serious damage to land, crops, poultry or any other form of property. Interfering with badger setts. (5)If a person is found committing an offence under this section on any land it shall be lawful for the owner or occupier of the land, or any servant of the owner or occupier, or any constable, to require that person forthwith to quit the land and also to give his name and address; and if that person on being so required wilfully remains on the land or refuses to give his full name or address he is guilty of an offence. ), F37 Word in s. 10(6) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. . ” means, in relation to a licence for an area—. Exceptions from s. 3. A person is guilty of an offence if, except as authorised by a licence under section 10 below, he marks, or attaches any ring, tag or other marking device to, a badger other than one which is lawfully in his possession by virtue of such a licence. . (1)Summary proceedings for an offence under [F68a provision mentioned in subsection (1A)] may, subject to subsection (2) below, be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge. ], F67 Ss. (7)Where a direction or order under subsection (4) above is revoked, any existing licence granted under the direction or order continues to have effect (unless the revoking direction or order provides otherwise). 2(b), F50Word in s. 12(1) substituted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 1999/672, art. (2)The enactments mentioned in the Schedule to this Act are repealed to the extent specified in the third column of that Schedule. I1Act wholly in force at 16. 8(2)(b), 22(2); S.S.I. may take samples of any articles or substances found there and remove the samples from the land. . 2020/379, reg. 33(6)(b)(i), 43(1) (with s. 41(1)); S.S.I. (1) This Act may be cited as the Protection of Badgers Act 1992. . 2004/407, art. . . 137(a); S.I. . Dig for a badger. [F9(1)]A person is guilty of an offence if, except as authorised by a licence under section 10 below, he marks, or attaches any ring, tag or other marking device to, a badger other than one which is lawfully in his possession by virtue of such a licence. Buy our Finding Evidence of Badgers booklet: Badgers (Further Protection) Act 1991 {An Act to confer additional powers on a court where a dog has been used in or was present at the commission of certain offences under the Badgers Act 1973.} 6 para. (with reg. [F29(4)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. If a person is found committing an offence under this section on any land it shall be lawful for the owner or occupier of the land, or any servant of the owner or occupier, or any constable, to require that person forthwith to quit the land and also to give his name and address; and if that person on being so required wilfully remains on the land or refuses to give his full name or address he is guilty of an offence. There are currently no known outstanding effects for the Protection of Badgers Act 1992. . (a)Scottish Natural Heritage under subsection (1)(a) above is to be made by written direction; (b)a local authority under subsection (1)(b) above is to be made by order made by statutory instrument. (b)he uses any badger tongs in the course of killing or taking, or attempting to kill or take, a badger; (c)except as permitted by or under this Act, he digs for a badger; or. F21 Words in s. 10(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 0300 060 … It is also an offence to damage, obstruct access to, disturb or destroy a badger set. . Protection of Badgers Act 1992. A local authority which is delegated a function under subsection (1)(b) above must, before granting or modifying a licence, consult Scottish Natural Heritage. 2020/379, reg. Delegation of licence-granting power: Scotland. A person is guilty of an offence if, except as permitted by or under this Act, he interferes with a badger sett by doing any of the following things—. . 33(6)(a), 43(1) (with s. 41(1)); S.S.I. 6 para. (2)Subsection (2) of section 7 above applies to the defence in subsection (1) above as it applies to the defence in subsection (1) of that section. 2004/407 , art. 2004/407, art. . was attempting to kill, injure or take a badger, he shall be presumed to have been attempting to kill, injure or take a badger unless the contrary is shown. Reference: Chapter 3 . 33(4)(b) , 43(1) (with s. 41(1) ); S.S.I. (a)taking or attempting to take a badger which has been disabled otherwise than by his[F11 unlawful ] act and is taken or to be taken solely for the purpose of tending it[F12 and releasing it when no longer disabled ]; (b)killing or attempting to kill a badger which [F13appears to be so seriously injured or in such a condition that to kill it would be an act of mercy][F13 has been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of it recovering ]; (c)unavoidably killing or injuring a badger as an incidental result of a lawful action; (d)doing anything which is authorised under the M2Animals (Scientific Procedures) Act 1986. 6 para. [F3(6)A person is guilty of an offence if, except as permitted by or under this Act, he knowingly causes or permits to be done an act which is made unlawful by subsection (1) or (3) above. 11(1)(c) repealed (S.) (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 1(2), Sch. A constable who suspects with reasonable cause that any person is committing or has committed an offence under this Act may, without warrant—. This date is our basedate.
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