Part I Wildlife
Supplemental
C1E1C316 Power to grant licences.
1
Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—
F1a
for scientific, research or educational purposes;
b
for the purpose of ringing or marking, or examining any ring or mark on, wild birds;
c
for the purpose of conserving wild birds;
F2ca
for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;
cb
for the purpose of conserving flora or fauna;
d
for the purpose of protecting any collection of wild birds;
e
for the purposes of falconry or aviculture;
f
for the purposes of any public exhibition or competition;
g
for the purposes of taxidermy;
h
for the purpose of photography;
i
for the purposes of preserving public health or public or air safety;
j
for the purpose of preventing the spread of disease; or
k
for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber F3, fisheries or inland waters,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
F41A
The appropriate authority—
a
shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and
b
shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.
2
Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—
a
a gannet on the island of Sula Sgeir; or
b
a gull’s egg or, at any time before 15th April in any year, a lapwing’s egg,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
3
Sections 9(1), (2) F5, (4) and (4A), 11(1) F73(a), (b), (be), (c) and (d), and (2) and 13(1) do not apply to anything done—
a
for scientific or educational purposes;
b
for the purpose of ringing or marking, or examining any ring or mark on, wild animals;
c
for the purpose of conserving wild animals or wild plants or introducing them to particular areas;
d
for the purpose of protecting any zoological or botanical collection;
e
for the purpose of photography;
f
for the purpose of preserving public health or public safety;
g
for the purpose of preventing the spread of disease; or
h
j
in England, for reasons of overriding public interest,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
F663ZZA
Subsection (3)(c), so far as relating to section 11(2) in its application to mustela erminea (stoat, otherwise known as ermine), is to be read as if the reference to wild animals included wild birds.
F633ZA
A licence granted under subsection (3) may permit the use F74, otherwise than in Wales, of a trap or snare F75, or, in Wales, of a trap other than a glue trap, for the purpose of killing, taking or restraining a wild animal included in Schedule 6ZA only if the trap or snare—
a
meets the conditions relating to certification (see subsections (3ZB) to (3ZF)); or
b
meets the approved design conditions (see subsections (3ZG to (3ZI)).
This subsection is subject to (3ZJ).
3ZB
For the purposes of subsection (3ZA)(a) the conditions relating to certification are that—
a
the trap or snare is of a certified type and make;
b
the manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; and
c
where it is manufactured on or after 28th March 2019, the trap or snare is identified by its manufacturer by means of a permanent marking as being of a certified type and make.
3ZC
For the purposes of subsection (3ZB)(b), instructions provided by the supplier of a trap or snare with the authorisation of the manufacturer of that trap or snare are to be treated as provided by the manufacturer.
3ZD
For the purposes of this section, a type and make of trap or snare is “certified” in relation to a wild animal included in Schedule 6ZA if it is certified by or on behalf of any of the following authorities as conforming (where the trap or snare is set in accordance with any instructions provided by the manufacturer) to the standards set out in the international trapping standards agreement in relation to the trapping of that animal—
a
the Secretary of State;
b
the Welsh Ministers;
c
the Scottish Ministers;
d
in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
e
an authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority.
3ZE
The relevant authority shall—
a
publish in such manner as it considers appropriate a list of all traps and snares of a certified type and make of which it is aware; and
b
make the list available to anyone who asks for it in in writing.
3ZF
For the purposes of subsection (3ZE), “the relevant authority” means—
a
in relation to England, the Secretary of State;
b
in relation to Wales, the Welsh Ministers;
c
in relation to Scotland, the Scottish Ministers.
3ZG
For the purposes of subsection (3ZA)(b) a trap or snare meets the approved design conditions if it—
a
has been constructed by the person using it; and
b
complies with a design approved for this purpose by or on behalf of the Secretary of State (where it is used in England or Scotland) or the Welsh Ministers (F76where it is a trap other than a glue trap, and it is used in Wales).
3ZH
The relevant authority must—
a
publish in such manner as it considers appropriate details of the design of a trap or snare approved in accordance with subsection (3ZG)(b); and
b
make the details available to anyone who asks for them in writing.
3ZI
In subsection (3ZH), “the relevant authority” means—
a
the Secretary of State, for designs of traps or snares approved for use in England;
b
the Welsh Ministers, for designs of traps F77(other than glue traps) approved for use in Wales;
c
the Scottish Ministers, for designs of traps or snares approved for use in Scotland.
3ZJ
Subsection (3ZA) does not apply where the licence—
a
is granted in accordance with any of paragraphs (a) to (d) or paragraphs (f) to (h) of subsection (3) and is subject to such conditions as the appropriate authority considers appropriate when granting the licence;
b
does not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; and
c
is accompanied by a written explanation of the reasons for that opinion and for the grant of the licence.
3ZK
In this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation.
F693B
In England, the appropriate authority shall not grant a licence under subsection (3) unless it is satisfied—
a
that there is no other satisfactory solution, and
b
that the grant of the licence is not detrimental to the survival of any population of the species of animal or plant to which the licence relates.
4
The following provisions, namely—
a
section 6(1) and (2);
b
sections 9(5) and 13(2); and
c
F6sections 14 and 14ZA,
do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.
5
Subject to F7subsections (5A) and (6), a licence under the foregoing provisions of this section—
a
may be, to any degree, general or specific;
b
may be granted either to persons of a class or to a particular person;
c
may be subject to compliance with any specified conditions;
d
may be modified or revoked at any time by the appropriate authority; and
e
subject to paragraph (d), shall be valid for the period stated in the licence;
and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.
F85A
A licence under subsection (1) which authorises any action in respect of wild birds—
a
shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;
b
shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and
c
subject to subsection (5)(d), shall be valid for the period, not exceeding two years, F70or in the case of a licence granted by Natural England five years, stated in the licence.
6
A licence under subsection F9(2) or (3) which authorises any person to kill wild birds or wild animals—
a
shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and
b
subject to subsection (5)(d), shall be valid for the period, not exceeding two years, F71or in the case of a licence granted by Natural England five years, stated in the licence.
7
It shall be a defence in proceedings for an offence under section 8(b) of the M1Protection of Animals Act 1911 or section 7(b) of the M2Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—
a
the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and
b
any conditions specified in the licence were complied with.
8
For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.
F108A
In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “the appropriate authority” means the Marine Management Organisation.
F608C
In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to Wales, “the appropriate authority” means the Natural Resources Body for Wales.
9
F11Except as provided by F61subsections (8A) and (8C), In this section “the appropriate authority” means—
a
b
in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid;
c
d
in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and
e
in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.
F159A
In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in F16the Wild Birds Directive.
10
The agriculture Minister—
a
F2211
For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the F14conservation body for the area in which it is proposed to carry on the activity requiring a licence.
F2312
In this section—
a
“the restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark;
b
“the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009.
F62c
“Wales” has the meaning given by section 158 of the Government of Wales Act 2006.
C2E2C316 Power to grant licences.
1
Sections 1, 5, 6(3), 7 and 8 F56... do not apply to anything done—
F24a
for scientific, research or educational purposes;
b
for the purpose of ringing or marking, or examining any ring or mark on, wild birds;
c
for the purpose of conserving wild birds;
F25ca
for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;
cb
for the purpose of conserving flora or fauna;
d
for the purpose of protecting any collection of wild birds;
e
for the purposes of falconry or aviculture;
f
for the purposes of any public exhibition or competition;
g
for the purposes of taxidermy;
h
for the purpose of photography;
i
for the purposes of preserving public health or public or air safety;
j
for the purpose of preventing the spread of disease; or
k
for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber F26, fisheries or inland waters,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
F271A
The appropriate authority—
a
shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and
b
shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.
2
Section 1 F57does not apply to anything done for the purpose of providing food for human consumption in relation to—
a
a gannet on the island of Sula Sgeir; or
b
a gull’s egg F28. . . ,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
3
Sections 9(1), (2) F29, (4) and (4A), F5310A(1), 11(1) F30, (2) and (3C)(a)F58, 11CF54, 11G(1) and 13(1) do not apply to anything done—
a
for scientific F31, research or educational purposes;
b
for the purpose of ringing or marking, or examining any ring or mark on, wild animals;
c
for the purpose of conserving F32wild birds, wild animals or wild plants or introducing them to particular areas;
F33ca
for the purpose of conserving any area of natural habitat;
d
for the purpose of protecting any zoological or botanical collection;
e
for the purpose of photography;
f
for the purpose of preserving public health or public safety;
g
for the purpose of preventing the spread of disease; F49...
h
for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries F50; or
i
for any other social, economic or environmental purpose,
if it is done under and in accordance with the terms of a licence granted by the appropriate authority.
F633ZA
A licence granted under subsection (3) may permit the use of a trap or snare for the purpose of killing, taking or restraining a wild animal included in Schedule 6ZA only if the trap or snare—
a
meets the conditions relating to certification (see subsections (3ZB) to (3ZF)); or
b
meets the approved design conditions (see subsections (3ZG to (3ZI)).
This subsection is subject to (3ZJ).
3ZB
For the purposes of subsection (3ZA)(a) the conditions relating to certification are that—
a
the trap or snare is of a certified type and make;
b
the manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; and
c
where it is manufactured on or after 28th March 2019, the trap or snare is identified by its manufacturer by means of a permanent marking as being of a certified type and make.
3ZC
For the purposes of subsection (3ZB)(b), instructions provided by the supplier of a trap or snare with the authorisation of the manufacturer of that trap or snare are to be treated as provided by the manufacturer.
3ZD
For the purposes of this section, a type and make of trap or snare is “certified” in relation to a wild animal included in Schedule 6ZA if it is certified by or on behalf of any of the following authorities as conforming (where the trap or snare is set in accordance with any instructions provided by the manufacturer) to the standards set out in the international trapping standards agreement in relation to the trapping of that animal—
a
the Secretary of State;
b
the Welsh Ministers;
c
the Scottish Ministers;
d
in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
e
an authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority.
3ZE
The relevant authority shall—
a
publish in such manner as it considers appropriate a list of all traps and snares of a certified type and make of which it is aware; and
b
make the list available to anyone who asks for it in in writing.
3ZF
For the purposes of subsection (3ZE), “the relevant authority” means—
a
in relation to England, the Secretary of State;
b
in relation to Wales, the Welsh Ministers;
c
in relation to Scotland, the Scottish Ministers.
3ZG
For the purposes of subsection (3ZA)(b) a trap or snare meets the approved design conditions if it—
a
has been constructed by the person using it; and
b
complies with a design approved for this purpose by or on behalf of the Secretary of State (where it is used in England or Scotland) or the Welsh Ministers (where it is used in Wales).
3ZH
The relevant authority must—
a
publish in such manner as it considers appropriate details of the design of a trap or snare approved in accordance with subsection (3ZG)(b); and
b
make the details available to anyone who asks for them in writing.
3ZI
In subsection (3ZH), “the relevant authority” means—
a
the Secretary of State, for designs of traps or snares approved for use in England;
b
the Welsh Ministers, for designs of traps or snares approved for use in Wales;
c
the Scottish Ministers, for designs of traps or snares approved for use in Scotland.
3ZJ
Subsection (3ZA) does not apply where the licence—
a
is granted in accordance with any of paragraphs (a) to (d) or paragraphs (f) to (h) of subsection (3) and is subject to such conditions as the appropriate authority considers appropriate when granting the licence;
b
does not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; and
c
is accompanied by a written explanation of the reasons for that opinion and for the grant of the licence.
3ZK
In this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation.
F473A
The appropriate authority shall not grant a licence under subsection (3)(i) unless it is satisfied—
a
that undertaking the conduct authorised by the licence will give rise to, or contribute towards the achievement of, a significant social, economic or environmental benefit; and
b
that there is no other satisfactory solution.
4
The following provisions, namely—
a
section 6(1) and (2);
b
sections 9(5) F55, 11I(1) and 13(2); and
do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.
F354A
The appropriate authority shall not grant a licence under subsection (4) permitting anything to be done in contravention of section 6(1) or (2) unless it is satisfied that there is no other satisfactory solution.
F654B
Schedule 9B contains provision restricting the granting of licences under subsection (4)(c) permitting activities which contravene Article 7(1)(b) to (h) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species.
5
Subject to F36subsections (5A) and (6), a licence under the foregoing provisions of this section—
a
may be, to any degree, general or specific;
b
may be granted either to persons of a class or to a particular person;
c
may be subject to compliance with any specified conditions;
d
may be modified or revoked at any time by the appropriate authority; and
e
subject to paragraph (d), shall be valid for the period stated in the licence;
and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.
F375A
A licence under subsection (1) which authorises any action in respect of wild birds—
a
shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;
b
shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and
c
subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.
6
A licence under subsection F38(2) or (3) which authorises any person to kill wild birds or wild animals—
a
shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and
b
subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.
7
It shall be a defence in proceedings for an offence under section 8(b) of the M3Protection of Animals Act 1911 or section 7(b) of the M4Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—
a
the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and
b
any conditions specified in the licence were complied with.
8
For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.
F108A
In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “the appropriate authority” means the Marine Management Organisation.
F518B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F489
In this section “the appropriate authority” means the Scottish Ministers or such other person to whom the Scottish Ministers delegate power under section 16A.
9ZA
The Scottish Ministers must consult Scottish Natural Heritage before granting or modifying a licence under any of subsections (1) to (5).
9ZB
Subsection (9ZA) does not apply in relation to licences granted under—
a
paragraph (i), (j) or (k) of subsection (1);
b
paragraph (f), (g) or (h) of subsection (3); or
c
paragraph (c) of subsection (4).
F409A
In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in the Directive of the Council of the European Communities dated 2nd April 1979 ( No. 79/409/ EEC ) on the conservation of wild birds.
10
The agriculture Minister—
a
F4611
For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the F39conservation body for the area in which it is proposed to carry on the activity requiring a licence.
F2312
In this section—
a
“the restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark;
b
“the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009.
F62c
“Wales” has the meaning given by section 158 of the Government of Wales Act 2006.
F5213
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