Article 4 Use of dogs below ground to protect livestock, or birds for shooting

For the heading to paragraph 2 (use of dogs below ground to protect birds for shooting) substitute “Use of dogs below ground to protect livestock, or birds for shooting”, and for sub-paragraphs (2) and (3) of that paragraph substitute—

“(2)

The first condition is that the stalking or flushing out is undertaken for the purpose of preventing or reducing serious damage to—

(a)

livestock, or

(b)

game birds or wild birds (within the meaning of section 27 of the Wildlife and Countryside Act 1981 (c. 69)) which a person is keeping or preserving for the purpose of their being shot.

(3)

The second condition is that, if a constable asks the person doing the stalking or flushing out to produce the evidence mentioned in sub-paragraph (3A), the person either—

(a)

makes the evidence immediately available for inspection by the constable, or

(b)

before the end of the period of 7 days beginning with the date on which the request is made or as soon as is reasonably practicable, produces the evidence, in person, at a police station specified by the person at the time the request is made.

(3A)

The evidence is written evidence—

(a)

that the land on which the stalking or flushing out takes place belongs to the person doing the stalking or flushing out, or

(b)

that that person has been given permission to use that land for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.”.