Section 9 Exceptions from s. 4.

A person is not guilty of an offence under section 4 above by reason of having a live badger in his possession or under his control if—

(a)

it is in his possession or under his control, as the case may be, in the course of his business as a carrier; or

(b)

it has been disabled otherwise than by his F1unlawful act and taken by him solely for the purpose of tending it F2and releasing it when no longer disabled and it is necessary for that purpose for it to remain in his possession or under his control, as the case may be.

Annotations

Textual amendments

F1: Word in S. 9(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(6)(a); S.S.I. 2004/407, art. 2(b)
F2: Words in S. 9(b) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(6)(b); S.S.I. 2004/407, art. 2(b)