HL Deb 24 July 1973 vol 344 cc1759-61

[References are to Bill 130 as first printed for the Commons]

[Nos. 1 to 8]

Clause 1, page 1, line 7, leave out from beginning to end of line 11 and insert "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—

  1. (a) a recently killed badger, or
  2. (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 concerned was permitted by or under this Act."

Clause 3, page 1, line 23, leave out "may be authorised by licence granted under section 9 of" and insert "permitted by or under"

Clause 3, page 1, line 25, after "possession" insert "or under his control".

Clause 4, page 2, line 3, leave out from beginning to end of line 4 and insert "tag or other 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".

Clause 5, page 2, line 9, leave out "police".

Clause 7, page 2, line 23, leave out from "protection" to end of line 38 and insert ", an authorised person shall not be guilty of an offence under section 1(1) of this Act by reason of—

  1. (a) the killing or taking or attempted killing or taking of any badger, or
  2. (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—

  1. (a) the killing or taking or attempted killing or taking of any badger, or
  2. (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."

Clause 7, page 2, Line 39, leave out "found".

Clause 8, page 3, line 7, leave out "appears" and insert "appeared".

THE EARL OF ARRAN

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 1 to 8. Although they may appear somewhat complicated, they are, in effect, either drafting Amendments or Amendments designed to improve the clarity of the Bill. Therefore I hope that this House will agree to consider these Amendments en bloc.

Moved, That this House doth agree with the Commons in the said Amendments.—(The Earl of Arran.)