© Crown Copyright

The legislation contained on this website is subject to Crown Copyright
protection.
   It may be reproduced free of charge provided that it is reproduced
accurately and that the source and copyright status of the material is
made evident to users.

   It should be noted that the right to reproduce the text of Acts of
Parliament does not extend to the Royal Arms and the Queen's Printer imprints.

   The text of this Internet version of the Wildlife and Countryside
(Amendment) Act 1991 (c. 39) has been prepared to reflect the text as it
received the Royal Assent.
   The authoritative version is the Queen's Printer copy published by
The Stationary Office Limited as Wildlife and Countryside (Amendment)
Act 1991 (c. 39)

To ensure fast access over slow connections, large documents have been
segmented into "chunks". Where you see a "continue" button at the
bottom of the page of text this indicates that there is another chunk of
text available.

Wildlife and Countryside (Amendment) Act 1991 (c. 39)
1991 Chapter c. 39

ARRANGEMENT OF SECTIONS

   1. Amendment of section 5 of Wildlife and Countryside Act 1981.

   2. Amendment of section 11 of Wildlife and Countryside Act 1981.

   3. Short title, interpretation, commencement and extent.

An Act to amend sections 5 and 11 of the Wildlife and Countryside Act 1981
so as to make it an offence knowingly to cause or permit to be done
certain acts mentioned in those sections.
[25th July 1991]

   1.--(1) Section 5 of the principal Act (prohibition of certain methods of
killing or taking wild birds) shall be amended as follows.

     (2) At the end of subsection (1)(d) "or" shall be omitted.

     (3) At the end of subsection (1)(e) there shall be inserted--

              "or

              (f) knowingly causes or permits to be done an act which is
              mentioned in the foregoing provisions of this subsection and
              which is not lawful under subsection (5),"

     (4) The following subsection shall be inserted after subsection (4)--

                 "(4A) In any proceedings under subsection (1)(f) relating to
                 an act which is mentioned in subsection (1)(a) 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 wild birds."

   2.--(1) Section 11 of the principal Act (prohibition of certain methods of
killing or taking wild animals) shall be amended as follows.

     (2) In subsection (1)--

             (a) at the end of paragraph (b) "or" shall be omitted; and

             (b) at the end of paragraph (c) there shall be inserted--

                            "or

             (d) knowingly causes or permits to be done an act which is
             mentioned in the foregoing provisions of this subsection,"

      (3) In subsection (2)--

             (a) at the end of paragraph (d) "or" shall be omitted; and

             (b) at the end of paragraph (e) there shall be inserted--

                             "or

            (f) knowingly causes or permits to be done an act which is
             mentioned in the foregoing provisions of this subsection,"

      (4) In subsection (3)(a), after "position" there shall be inserted
"or knowingly causes or permits to be set in position".

      (5) In subsection (5), after (e), there shall be inserted "and in any
proceedings for an offence under subsection (1)(d) or (2)(f) relating
an act which is mentioned in any of those paragraphs".

      (6) The following subsection shall be added after subsection (6)--

                  "(7) In any proceedings for an offence under subsection (2)(f)
                  relating to an act which is mentioned in subsection (2)(a) 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
                  Schedule 6."

   3.--(1) This act may be cited as the Wildlife and Countryside (Amendment)
Act 1991.

      (2) In this Act references to the principal Act are references to the
[1981 c. 69] Wildlife and Countryside Act 1981.

      (3) This Act shall come into force at the end of the period of two
months beginning with the day it is passed.

      (4) This Act shall not have effect in relation to anything done before
it comes into force.

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