Protection of Badgers Act 1992

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

• (3) Any penalty imposed on a body corporate, Scottish partnership or, as the case may be, unincorporated association on conviction of an offence under this Act is to be recovered by civil diligence in accordance with section 221 of the Criminal Procedure (Scotland) Act 1995 (c. 46).

Interpretation.

Short title, repeals, commencement and extent.

Note:

Licences.

Penalties and forfeiture.

Powers of court where dog used or present at commission of offence.

Interpretation.

Short title, repeals, commencement and extent.

Note:

Interpretation.

Short title, repeals, commencement and extent.

Note:

Crown application: Scotland

10A

• (1) The Scottish Ministers may delegate their functions in relation to licences under section 10 above to—

• (a) Scottish Natural Heritage; or

• (b) a local authority (but only in relation to the purpose mentioned in section 10(1)(d)).

• (2) A delegation may be, to any degree, general or specific and may in particular relate to—

• (a) a specific badger or badger sett;

• (b) a particular licence or type of licence;

• (c) a particular area.

• (3) Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type that were granted before the delegation.

• (4) A delegation to—

• (a) Scottish Natural Heritage under subsection (1)(a) above is to be made by written direction;

• (b) a local authority under subsection (1)(b) above is to be made by order made by statutory instrument.

• (5) A local authority which is delegated a function under subsection (1)(b) above must, before granting or modifying a licence, consult Scottish Natural Heritage.

• (6) The Scottish Ministers may modify or revoke a direction under subsection (4)(a) above.

• (7) Where a direction or order under subsection (4) above is revoked, any existing licence granted under the direction or order continues to have effect (unless the revoking direction or order provides otherwise).

• (8) A statutory instrument containing an order under subsection (4)(b) above is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (9) Before making an order under subsection (4)(b) above, the Scottish Ministers must consult—

• (a) the local authority to which functions are to be delegated under the order;

• (b) Scottish Natural Heritage; and

• (c) any other persons the Scottish Ministers consider are affected by the making of the order.

• (10) The Scottish Ministers must give consideration to any proposals for the making by them of an order under subsection (4)(b) above with respect to any area which may be submitted to them by a local authority whose area includes that area.

Short title, repeals, commencement and extent.

12ZA

• (1) Proceedings in England and Wales for a summary offence under this Act may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

• (2) But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

• (3) For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

• (4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Powers of court where dog used or present at commission of offence.

Crown application: Scotland

Short title, repeals, commencement and extent.

The following abbreviations are used in this Table:—

13A

• (1) This Act binds the Crown.

• (2) No contravention by the Crown of any provision of this Act makes the Crown criminally liable but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Despite subsection (2), this Act applies to persons in the public service of the Crown as it applies to other persons.

Time limit for bringing summary proceedings (England and Wales)

Crown application: Scotland

Short title, repeals, commencement and extent.

Note:

Attempts

Powers of court where dog used or present at commission of offence.

Note: