OpenLegislation

Section 11 Prohibition of certain methods of killing or taking wild animals.E1

England and Wales

(1)

Subject to the provisions of this Part, if any person—

(a)

sets in position F1otherwise than in Wales any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith;

(b)

uses F2otherwise than in Wales for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as aforesaid, any bow or cross-bow or any explosive other than ammunition for a firearm; F3...

F4(ba)

sets in position in Wales any snare, or other cable restraint, which is of such a nature and so placed as to be likely to cause bodily injury to any wild animal coming into contact with it;

(bb)

uses in Wales for the purpose of killing or taking any wild animal any snare, or other cable restraint, whether or not of such a nature or so placed as aforesaid;

(bc)

sets in position in Wales any glue trap which is of such a nature and so placed as to be likely to catch any animal coming into contact with it;

(bd)

uses in Wales for the purpose of killing or taking any animal any glue trap, whether or not of such a nature or so placed as aforesaid;

F5(be)

uses in Wales for the purpose of killing or taking any wild animal any bow or cross-bow or any explosive other than ammunition for a firearm;

(c)

uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, F6; or

(d)

knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,

he shall be guilty of an offence.

F7(2)

Subject to the provisions of this Part, a person shall be guilty of an offence if that person—

(a)

uses F8, otherwise than in Wales, any trap or snare F9, or in Wales, any trap other than a glue trap, for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;

(b)

sets in position F10, otherwise than in Wales, any trap or snare F11, or in Wales, any trap other than a glue trap, of such a nature and so placed as to be—

(i)

in England F12..., calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;

(ii)

in Scotland F13or Wales, likely to cause bodily injury to any such wild animal;

(c)

sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—

(i)

in England F14..., calculated to cause bodily injury to any wild animal included in Schedule 6;

(ii)

in Scotland F15or Wales, likely to cause bodily injury to any such wild animal;

(d)

uses for the purpose of killing or taking any wild animal included in Schedule 6—

(i)

any electrical device for killing or stunning;

(ii)

any poisonous, poisoned or stupefying substance;

(iii)

any net;

(iv)

any automatic or semi-automatic weapon;

(v)

any device for illuminating a target or sighting device for night shooting;

(vi)

any form of artificial light or any mirror or other dazzling device;

(vii)

any gas or smoke not falling within sub-paragraph (ii);

(viii)

any sound recording used as a decoy; or

(ix)

any mechanically propelled vehicle in immediate pursuit of any such animal;

(e)

uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or

(f)

knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).

(3)

Subject to the provisions of this Part, if any person—

(a)

sets in position F16or knowingly causes or permits to be set in position F17, otherwise than in Wales, any snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; and

(b)

while the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day,

he shall be guilty of an offence.

(4)

The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.

(5)

In any proceedings for an offence under subsection (1)(b) F18(ba), (bb) or (c) or F19(2)(a), (d) or (e), F20and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs the animal in question shall be presumed to have been a wild animal unless the contrary is shown.

(6)

In any proceedings for an offence under F21subsection (2)(b) or (c) it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in F22the relevant Schedule.

F23(7)

In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in F24subsection (2)(b) or (c) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in F25the relevant Schedule.

F26(7ZA)

For the purposes of paragraphs (bc) and (bd) of subsection (1), “animal means a vertebrate (other than a human).

F27(7A)

In subsections (6) and (7), “the relevant Schedule” means—

(a)

where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;

(b)

where proceedings relate to an offence under subsection (2)(c), Schedule 6.

Annotations

Textual amendments

F1

Words in s. 11(1)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(a), 56(2)(d)

F2

Words in s. 11(1)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(b), 56(2)(d)

F3

Word "or" in s. 11(1)(b) omitted (25.9.1991) by virtue of Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(a), 3(3).

F4

S. 11(1)(ba)-(bd) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(a), 56(2)(d)

F5

S. 11(1)(be) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(2)(c), 56(2)(d)

F6

Word "or" and s. 11(1)(d) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(2)(b), 3(3).

F7

S. 11(2) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(2)

F8

Words in s. 11(2)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(a)(i), 56(2)(d)

F9

Words in s. 11(2)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(a)(ii), 56(2)(d)

F10

Words in s. 11(2)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(b)(i), 56(2)(d)

F11

Words in s. 11(2)(b) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(3)(b)(ii), 56(2)(d)

F12

Words in s. 11(2)(b)(i) omitted (W.) (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 47(a)(i), 56(2)(d)

F13

Words in s. 11(2)(b)(ii) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 47(a)(ii), 56(2)(d)

F14

Words in s. 11(2)(c)(i) omitted (W.) (17.10.2023) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 47(b)(i), 56(2)(d)

F15

Words in s. 11(2)(c)(ii) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 47(b)(ii), 56(2)(d)

F16

Words in s. 11(3)(a) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(4), 3(3).

F17

Words in s. 11(3)(a) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(4), 56(2)(d)

F18

Words in s. 11(5) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 48(5), 56(2)(d)

F19

Words in s. 11(5) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(3)

F20

Words in s. 11(5) inserted (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(5), 3(3).

F21

Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)

F22

Words in s. 11(6) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)

F23

S. 11(7) added (25.9.1991) by Wildlife and Countryside (Amendment) Act 1991 (c. 39, SIF 4:5), ss. 2(6), 3(3).

F24

Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(a)

F25

Words in s. 11(7) substituted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(4)(b)

F26

S. 11(7ZA) inserted (W.) (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), ss. 46(b), 56(2)(d)

F27

S. 11(7A) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 3(5)

Extent

E1

This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Notes on Protection of other animals and prevention of poaching

Textual amendments

F1

Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)