Section 6 General exceptions.

A person is not guilty of an offence under this Act by reason only of—

(a)

taking or attempting to take a badger which has been disabled otherwise than by his F1unlawful act and is taken or to be taken solely for the purpose of tending it F2and releasing it when no longer disabled;

(b)

killing or attempting to kill a badger which ~~F3appears to be so seriously injured or in such a condition that to kill it would be an act of mercy~~ has been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of it recovering;

(c)

unavoidably killing or injuring a badger as an incidental result of a lawful action;

(d)

doing anything which is authorised under the M1Animals (Scientific Procedures) Act 1986.

Annotations

Textual amendments

F1: Word in S. 6(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(4)(a)(i); S.S.I. 2004/407, art. 2(b)
F2: Words in S. 6(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(4)(a)(ii); S.S.I. 2004/407, art. 2(b)
F3: Words in S. 6(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(4)(b); S.S.I. 2004/407, art. 2(b)

Marginal citations

M1: 1986 c. 14.