Part 1 Hunting a wild mammal using a dog

Exceptions to the offences

8 Exception: searching for dead wild mammals
(1) This section applies if—
(a) a person is using a dog above ground to search for and retrieve a dead wild mammal, and
(b) the conditions set out in subsection (2) are met.
(2) The conditions referred to in subsection (1)(b) are that—
(a) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs,
(b) any dog used in the activity is under control,
(c) reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,
(d) either—
(i) permission for the activity has been given by the owner of the land on which the activity takes place,
(ii) the person carrying out the activity is a constable exercising a power of entry,
(iii) the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or
(iv) the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996,
(e) reasonable steps are taken to ensure that no wild mammal is pursued, injured or killed.
S. 8 not in force at Royal Assent, see s. 31(2)
S. 8 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2