{
  "url": "https://openlegislation.uk/planning-and-infrastructure-act-2025/schedule-5/paragraph-44",
  "json_url": "https://openlegislation.uk/planning-and-infrastructure-act-2025/schedule-5/paragraph-44.json",
  "legislation": "ukpga/2025/34",
  "legislation_title": "Planning and Infrastructure Act 2025",
  "legislation_url": "https://openlegislation.uk/planning-and-infrastructure-act-2025",
  "path": "schedule/5/paragraph/44",
  "kind": "paragraph",
  "number": "44",
  "heading": "Protection of Badgers Act 1992",
  "text": "(1) Section 10 of the Protection of Badgers Act 1992 (licences) is amended as follows (see also section 117(2) (extent of this paragraph is England and Wales only)).\n(2) In subsection (1)—\n(a) in paragraph (d), for “to interfere with a badger sett” substitute “to kill or take badgers in England, or to interfere with a badger sett,”;\n(b) after paragraph (f) insert—\n“(fa) in England, for the purpose of preserving public health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.”\n(3) After subsection (1) insert—\n“(1A) In the case of a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, the reference in subsection (1) to the appropriate conservation body is to be read as a reference to the Secretary of State.”\n(4) In subsection (2)—\n(a) in paragraph (d), for “to interfere with a badger sett” substitute “to kill or take badgers in England, or to interfere with a badger sett,”;\n(b) at the end insert—\n“(e) in England, for the purpose of preserving public health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.”\n(5) After subsection (2) insert—\n“(2A) In the case of a licence that, by virtue of paragraph 6 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under subsection (2)(d) or (e), the reference in subsection (2) to the appropriate Minister is to be read as a reference to Natural England.”\n(6) In subsection (6), for “or (d)” substitute “, (d) or (e)”.\n(7) After subsection (8) insert—\n“(8A) A licence granted under this section in relation to an area in England—\n(a) may be, to any degree, general or specific;\n(b) may be granted either to persons of a class or to a particular person;\n(c) may be modified at any time by the authority by whom it was granted;\n(d) is to be valid for the period specified in the licence.\n(8B) A fee may be charged for granting a licence in relation to an area in England under this section.”\n(8) After subsection (9) insert—\n“(9A) Natural England or the Secretary of State must not grant a licence under this section in relation to an area in England unless satisfied—\n(a) that there is no other satisfactory solution, and\n(b) that the grant of the licence is not detrimental to the survival of any population of badgers.”",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 5 para. 44 not in force at Royal Assent, see s. 118(3)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 5 para. 44 in force at 18.2.2026 by S.I. 2025/1370, reg. 4(1)(l)(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2025/34/schedule/5/paragraph/44",
    "retrieved_at": "2026-11-05T03:43:53.445410+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}