Section 2 Offences of cruelty.

England, Wales and Scotland

F1(1)

If any person shall—

(a)

cruelly ill-treat any badger,

(b)

use in the course of killing or taking, or attempting to kill or take any badger, any badger tongs,

(c)

F2save as permitted by or under this Act, dig for any badger, or

(d)

use 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,

he shall be guilty of an offence.

F3(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.

F4(3)

If any person shall interfere with a badger sett by doing any of the following things, that is to say—

(a)

damaging a badger sett or any part thereof;

(b)

destroying a badger sett;

(c)

obstructing access to or any entrance of a badger sett;

(d)

causing a dog to enter a badger sett; or

(e)

disturbing a badger when it is occupying a badger sett,

intending to do any of those things or being reckless as to whether his actions will have any of those consequences, he shall be guilty of an offence.

Annotations

Textual amendments

F1: Word inserted by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 1(2)(a)
F2: Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7 para. 9(2)
F3: S. 2(2) added by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4:5), s. 1(2)(b)
F4: S. 2(3) added (25.10.1991) by Badgers Act 1991 (c. 36, SIF 4:5), ss.1, 6(2).

Notes on the whole Act

Textual amendments

F1: Act repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.