< > LUK4 - Protection of Badgers Act 1992

General Information

The information provided within these pages provides a background to the legislation issues.
THE FULL RECENT OFFICIAL GOVERNMENT PUBLICATIONS SHOULD ALWAYS BE CONSULTED FOR DETAILED INFORMATION.

Date 1992
Wildpro "Organisations & Website" Reference
Text Availability (e.g. HMSO / Copyright / Public Domain etc.) HMSO: Crown Copyright. The authoritative versions of Acts are usually the "Queen's Printer" copies (often published by The Stationery Office Limited). Details of how to obtain the authoritative versions are available through Website Ref - W65 - Her Majesty's Stationary Office (HMSO)
Brief Overview / Significance
  • It is an offence for any person to sell or offer for sale or possess or control a live badger. Under this legislation, as under the Badgers Act 1973 (a piece of legislation which this Act has superseded), it is a specific offence to "cruelly ill-treat" a badger. Keeping a badger in a too small or otherwise inappropriate cage could be an offence under this legislation (J35.147.w1, W5.Jan01). 
NOTES - Amendments / Relation to other legislation

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Specific Section References

Wildpro Reference Chapter/Paragraph Title Content Page nos.
       

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Text from the Act

The following relevant sections of The Protection of Badgers Act 1992 are quoted from the text of this Act as displayed on the HMSO website and are reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO:

PARTIAL TEXT ONLY - PLEASE CONSULT THE ORIGINAL LEGISLATION
Website Ref - W65 - Her Majesty's Stationary Office (HMSO)

"1.—(1) A person is guilty of an offence if, except as permitted by or under this Act, he wilfully kills, injures or takes, or attempts to kill, injure or take, a badger."
[Subsections (2), (3), (4), (5) not included]

"2.—(1) A person is guilty of an offence if—

(a) he cruelly ill-treats a badger;

(b) he uses any badger tongs in the course of killing or taking, or attempting to kill or take, a badger;

(c) except as permitted by or under this Act, he digs for a badger; or

(d) he uses for the purpose of killing or taking a badger any firearm other than a smooth bore weapon of not less than 20 bore or a rifle using ammunition having a muzzle energy not less than 160 footpounds and a bullet weighing not less than 38 grains.

[Subsection (2) not included]

3. A person is guilty of an offence if, except as permitted by or under this Act, he interferes with a badger sett by doing any of the following things—

(a) damaging a badger sett or any part of it;

(b) destroying a badger sett;

(c) obstructing access to, or any entrance of, a badger sett;

(d) causing a dog to enter a badger sett; or

(e) disturbing a badger when it is occupying a badger sett,

intending to do any of those things or being reckless as to whether his actions would have any of those consequences."

"4: A person is guilty of an offence if, except as permitted by or under the Act, he sells a live badger or offers one for sale or has a live badger in his possession or under his control. "

"5. A person is guilty of an offence if, except as authorised by a licence under section 10 below, he marks, or attaches any ring, tag or other marking device to, a badger other than one which is lawfully in his possession by virtue of such a licence."

"6. 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 act and is taken or to be taken solely for the purpose of tending it;

(b) killing or attempting to kill a badger which appears to be so seriously injured or in such a condition that to kill it would be an act of mercy;

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

(d) doing anything which is authorised under the [1986 c. 14.] Animals (Scientific Procedures) Act 1986."

[Sections 7. and 8. not included]

"9. 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 act and taken by him solely for the purpose of tending it and it is necessary for that purpose for it to remain in his possession or under his control, as the case may be."

"10.—(1) A licence may be granted to any person by the appropriate Conservancy Council authorising him, notwithstanding anything in the foregoing provisions of this Act, but subject to compliance with any conditions specified in the licence—

(a) for scientific or educational purposes or for the conservation of badgers—

(i) to kill or take, within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified; or

(ii) to interfere with any badger sett within an area specified in the licence by any means so specified;

(b) for the purpose of any zoological gardens or collection specified in the licence, to take within an area specified in the licence by any means so specified, or to sell, or to have in his possession, any number of badgers so specified;

(c) for the purpose of ringing and marking, to take badgers within an area specified in the licence, to mark such badgers or to attach to them any ring, tag or other marking device as specified in the licence;"

[Subsections (1(d), (e), (f)), (2), (3), (4), (5), (6), (7), (8), (9), (10) not included]

[Sections 11., 12., 13., 14., 15., and the Schedule of Repeals are not included]

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