Badgers Act 1973

JurisdictionUK Non-devolved
Citation1973 c. 57
(1) If, save as permitted by or under this Act, any person wilfully kills, injures or takes, or attempts to kill, injure or take, any badger, he shall be guilty of an offence.(1A) If, 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.(2) If, save as permitted by or under this Act, any person has in his possession or under his control any dead badger or any part of, or anything derived from, a dead badger, he shall be guilty of an offence.the badger had not been killed, or had been killed otherwise than in contravention of the provisions of this Act; orthe badger or other thing in his possession or control had been sold (whether to him or any other person) and, at the time of the purchase, the purchaser had had no reason to believe that the badger had been killed in contravention of those provisions.cruelly ill-treat any badger,use in the course of killing or taking, or attempting to kill or take any badger, any badger tongs,F6save as permitted by or under this Act, dig for any badger, oruse for the purpose of killing or taking any badger any firearm other than a smooth bore weapon of not less than 20 bore or a rifle using ammunition having a muzzle energy of not less than 160 footpounds and a bullet weighing not less than 38 grains,(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.damaging a badger sett or any part thereof;destroying a badger sett;obstructing access to or any entrance of a badger sett;causing a dog to enter a badger sett; ordisturbing a badger when it is occupying a badger sett,
  • If, save as permitted by or under this Act, any person sells, offers for sale or has in his possession or under his control any live badger he shall be guilty of an offence.
  • If, save as may be authorised by licence granted under section 9 of this Act, any person marks, or attaches any ring, tag or other marking device to, any badger (other than one which is lawfully in his possession by virtue of section 8(2) (a) of this Act or of such a licence) he shall be guilty of an offence.
  • If any person shall be found committing an offence under section 1 of this Act 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 such land and also to give his name and address; and if that person on being so required wilfully remains upon the land or refuses to give his full name or address, he shall be guilty of an offence.
  • the taking or attempted taking of any badger which had been disabled otherwise than by his act and was taken or to be taken solely for the purpose of tending it;the killing or attempted killing of any badger which appeared to be so seriously injured or in such a condition that to kill it would be an act of mercy;the unavoidable killing or injuring of any badger as an incidental result of a lawful action.the killing or taking or the attempted killing or taking of any badger, orthe injuring of any badger in the course of taking it or attempting to kill or take it,F13orthe interfering with any badger sett,a licence under section 9 of this Act authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; oran application for such a licence had been determined.it has been kept in captivity by that person for a continuous period beginning before the passing of this Act,it is in that person’s possession or under his control, as the case may be, in the course of his business as a carrier,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . it has been taken in circumstances in which, by virtue of subsection (1) (a) , above, the taking of the badger did not constitute an offence under this Act and it is necessary for the purpose of tending it for it to remain in that person’s possession, or under his control, as the case may be.(3) A person shall not be guilty of an offence under this Act by reason only of something done in connection with an experiment on a living badger if what is done does not constitute a contravention of the (4) A person shall not be guilty of an offence under section 2 (3) (a) , (c) or (e) of this Act if he shows that his action was the incidental result of a lawful operation and could not reasonably have been avoided.untainted straw or hay, or leaf-litter, or bracken, or loose soil placed in the entrances on the day of the hunt, or after midday of the day preceding the day of the hunt, ora bundle of sticks or faggots, or paper sacks either empty or filled with untainted straw, or hay, or leaf-litter, or bracken, or loose soil, placed in the entrances on the day of the hunt and removed the same day,(6) A person shall not be guilty of an offence under section 2(3) (a) or (c) or (e) of this Act by reason of his hounds marking at a badger sett, provided they are withdrawn as soon as reasonably practicable.

    To continue reading

    Request your trial

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT