1. If, save as permitted by or under this Act, any person
wilfully kills, injures or takes, or attempts to kill, injure or take,
any badger, he shall be guilty of an offence.

    (2) If, save as permitted by or under this Act, any person has
in his possession or under his control--

        (a) a recently killed badger, or
        (b) a pelt from a freshly skinned badger,
he shall, subject to subsection (3) below, be guilty of an offence.

    (3) A person shall not be guilty of an offence under subsection (2)
above if the killing of the badger was permitted by or under this Act.

   2. If any person shall--

        (a) cruelly ill-treat any badger,
        (b) use in the course of killing or taking, or attempting to
        kill or take any badger, any badger tongs,
        (c) subject to section 7(3) of this Act, dig for any badger, or
        (d) use for the purpose of killing or taking any badger any
        firearm other than a smooth bore weapon of not less
        than 20 bore or a rifle using ammunition having a muzzle
        energy of not less than 160 foot-pounds and a bullet weighing
        not less than 38 grains,

he shall be guilty of an offence.

   3. If, save as permitted by or under this Act, any person sells,
offers for sale or has in his possession or under his control any
live badger he shall be guilty of an offence.

   4. If, save as may be authorised by licence granted under
section 9 of this Act, any person marks, or attaches any ring,
tag or marking device to, any badger (other than one
which is lawfully in his possession by virtue of section 8(2)(a) of
this Act or of such a licence) he shall be guilty of an offence.

   5. If any person shall be found committing an offence under
section 1 of this Act on any land, it shall be lawful for the owner
or occupier of the land, or any servant of the owner or occupier,
or any constable, to require that person forthwith to quit such
land and also to give his name and address; and if that person
on being so required wilfully upon the land or refuses to give
his full name or address, he shall be guilty of an offence.

   6.--(1) Where after consultation with the Natural Environment
Research Council it appears to the Secretary of State necessary
for the proper conservation of badgers he may by order declare
any area specified in the order to be an area of special protection
for badgers.

    (2) Any order made under this section shall be made by
statutory instrument which shall be subject to annulment in
pursuance of a resolution of either House of Parliament
and may be varied or revoked by a subsequent order made
in like manner.

   7.--(1) Except within an area of special protection, an
authorised person shall not be guilty of an offence under
section 1(1) of this Act by reason of--
        (a) the killing or taking or attempted killing or taking
             of any badger, or
        (b) the injuring of any badger in the course of taking
              it, or attempting to take or kill it.

    (2) Within an area of special protection, an authorised
person shall not be guilty of an offence under section 1(1)
of this Act by reason of--
        (a) the killing or taking or attempted killing or taking
             of any badger, or
        (b) the injuring of any badger in the course of taking
             it, or attempting to take or kill it,

if he satisfies the court before whom he is charged that his
action was necessary for the purpose of preventing serious
damage to land, crops, poultry or any other form of
property or for the purpose of preventing the spread of
disease.

    (3) An authorised person shall not be guilty of an offence
under paragraph (c) of section 2 of this Act if he satisfies the
court before whom he is charged that his action was necessary
for the purpose of preventing serious damage to land, crops,
poultry or any other form of property or for the purpose of
preventing the spread of disease.

   8.--(1) A person shall not be guilty of an offence under this
Act by reason only of--

        (a) the taking or attempted taking of any badger which had
             been disabled otherwise than by his act and was taken
             or to be taken solely for the purpose of tending it;
        (b) the killing or attempted killing of any badger which
             appeared to be so seriously injured or in such a condition
             that to kill it would be an act of mercy;
        (c) the unavoidable killing or injuring of any badger as an
             incidental result of a lawful action.

    (2) It shall not be an offence under section 3 of this Act for
any person to have a live badger in his possession or under his
control if--

        (a) it has been kept in captivity by that person for a continuous
             period beginning before the passing of this Act,
        (b) it is in that person's possession or under his control, as
             the case may be, in the course of his business as a carrier,
        (c) it has, within the preceding seven days, been taken by
             that person in circumstances in which, by virtue of
             section 7(1) or (2) of this Act the taking of the badger did
             not constitute an offence under this Act, or
        (d) it has been taken in circumstances in which, by virtue of
             subsection 1(a), above, the taking of the badger did
             not constitute an offence under this Act and it is necessary
             for the purpose of tending it for it to remain in that person's
             possession, or under his control, as the case may be.

    (3) A person shall not be guilty of an offence under this Act
by reason only of something done in connection with an
experiment on a living badger if what is done does not constitute
a contravention of the Cruelty to Animals Act 1876.

   9.--(1) A licence may be granted to any person by the appropriate
authority specified in the next subsection authorising that person,
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 to kill or take within an area specified in the
             licence by any means so specified, or to have in his possession,
             any number of badgers so specified;

        (b) for the purpose of any zoological gardens or collection
             specified in the licence to take within an area 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;

        (d) for the purpose of preventing the spread of disease to
             kill or take badgers within an area specified in the licence
             by any means so specified.

    (2) The appropriate authority for the grant of a licence under
the foregoing subsection shall be--

        (a) in the case of a licence under paragraph (a), (b), or (c) of
             that subsection, the Natural Environment Research Council;

        (b) in the case of a licence under paragraph (d) of that subsection,
             the Minister of Agriculture and Food or, in Scotland, the
             Secretary of State.

    (3) A licence granted under this section may be revoked at any time
by the authority by whom it was granted, and without prejudice to any
other liability to a penalty which he may have incurred under this or any
Act, any person who contravenes or fails to comply with any condition
imposed on the grant of a licence under this section shall be guilty of
an offence.

   10.--(1) Where a constable has reasonable grounds for suspecting
that any person is committing an offence under this Act, or has committed
an offence under this Act and that evidence of the commission of the
offence is to be found on that person or any vehicle or article he may have
with him, the constable may--

        (a) without warrant stop and search that person and search
             any vehicle or article he may have with him;
        (b) without warrant arrest that person if he fails to give his
             full name and address to the constable's satisfaction; and
        (c) seize and detain for the purposes of proceedings under
             this Act any badger whether alive or dead, or any
             weapon or article capable of being used to kill or take
             badgers, which may be in that person's possession.

    (2) Any person guilty of an offence--

        (a) under section 5 of this Act shall be liable on summary
             conviction to a fine not exceeding £20,
        (b) under any other section of this Act shall be liable on
             summary conviction to a fine not exceeding £100:

    Provided that where the offence was committed in respect of
more than one badger, the maximum fine which may be imposed
under paragraph (b) of this subsection shall be determined as if
the person convicted has been convicted of a separate offence in
respect of each badger.

    (3) The court before whom any person is convicted of an
offence under this Act shall order the forfeiture of any badger
or skin thereof in respect of which the offence was committed
and may, if they think fit, order the forfeiture of any weapon
or article in respect of or by means of which the offence was
committed.

   11. In this Act, unless the context otherwise requires, the
following expressions have the following meaning--
       "ammunition" has the same meaning as in the Firearms
         Act 1968;
       "Area of special protection" means an area specified, in an
         order made under section 6 of this Act, to be an area
         of special protection for badgers;
       " authorised person" means--
               (a) the owner or occupier, or any servant of the
               owner or occupier, shown to have been authorised by
               the owner or occupier, of any land on which the
               action authorised is taken;
               (b) any person authorised in writing by the
               owner or occupier of any land on which the
               action authorised is taken;
               (c) any person authorised in writing by the local
               authority for the area within which the action
               authorised is taken;
               (d) any person authorised in writing by the Natural
               Environment Research Council or by the Minister of
               Agriculture, Fisheries and Food or, in Scotland the
               Secretary of State;
          so, however, that the authorisation of any person for
          the purpose of this definition shall not confer any right
          of entry upon any land;

      "badger" means any animal of the species Meles meles;

      "firearm" has the same meaning as in the Firearms Act 1968;

      "local authority" means--

               (a) as respects England and Wales up to and
               including 31st march 1974, the council of
               a county borough, a London borough or
               the Common Council of the city of London; and

               (b) as respects England and Wales on or after
               1st April 1974, the council of a district or a
               london borough or the Common Council of
               the city of London; and

               (c) as respects Scotland, the council of a
               county or a burgh,

   12. --(1) This Act may be cited as the Badgers Act 1973.

    (2) This Act does not extend to Northern Ireland.

    (3) This Act shall come into force at the expiry of six months
          beginning with the date of its passing.