Statutory guidance

Licence to capture, temporarily hold and kill live bats for the purpose of European bat lyssavirus testing (GL25)

Updated 1 January 2024

Applies to England

General licence GL25: capture, temporary holding and euthanasia of live bats for the purpose of testing for European Bat Lyssavirus (EBLV).

Overview

This licences allows certain Authorised Persons (specified below) to take, temporarily keep in captivity and, if appropriate, euthanize live bats whose behaviour or condition is consistent with potential infection with EBLV (a type of rabies virus), or which are suspected of having arrived in the UK with human assistance (for example, they are found in a sealed lorry or on a cargo ship).

Members of the public finding a bat that is grounded or in a distressed state should not handle the bat but are advised to seek advice from the Bat Conservation Trust (BCT) Helpline on 0345 1300 228 or from their local Animal and Plant Health Agency office. Advice on what to do if you find a dead bat is provided with general licence WML-GL03.

Registration: There is no registration requirement.

Recording and reporting: None required.

Reference: WML – GL25.

Legislation

Statute(s) Conservation of Habitats and Species Regulations 2017 (as amended) (‘the Habitats Regulations’).

Section(s) This licence is issued under Regulations 55(2)(e) and (f).

Licence terms and conditions

Valid for the period: 1 January 2024 to 31 December 2024 (inclusive).

Area valid in: All counties of England (landward of the mean low water mark).

Purpose(s) for which this licence is issued: This licence can only be used to preserve public health or public safety, and / or prevent the spread of disease.

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purposes stated above, this licence permits Authorised Persons to:

• capture
• possess
• transport
• kill

any bat of a species listed in Schedule 2 of the Habitats Regulations, which are:

• horseshoe bats (all species belonging to the family Rhinolophidae)
• typical bats (all species belonging to the family Vespertilionidae)

Who can use this licence

This licence can only be used by Authorised Persons* except those convicted on or after 1 January 2010 of a wildlife crime* unless, in respect of that offence, either:

• they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent; or

• a court has made an order discharging them absolutely

Any application by a person to whom this exclusion applies for an individual licence will be considered on its merits.

*: see Definitions

Definitions used in this licence

“Authorised Persons” are defined as:

• bat workers registered or working with the BCT (see Condition 2)

• employees of approved quarantine facilities while engaged in official business (see Condition 2)

• employees of the Animal and Plant Health Agency (APHA) acting under the direction of APHA Veterinary Inspectors while engaged in official business, and

• members or fellows of the Royal College of Veterinary Surgeons

“Wildlife Crime” means any offence under the Conservation of Habitats and Species Regulations 2017 (‘the Habitats Regulations’), the Wildlife and Countryside Act 1981, the Protection of Badgers Act 1992, the Deer Act 1991, the Hunting Act 2004, the Wild Mammals (Protection) Act 1996, the Animal Welfare Act 2006, the Protection of Animals Act 1911 (all as amended) or the Invasive Alien Species (Enforcement and Permitting) Order 2019.

Licence conditions

1. The activities authorised by this licence are only permitted where:
   
   a. a bat’s behaviour or condition is consistent with potential infection with EBLV, or
   
   b. a bat is suspected of having arrived in the UK with human assistance (eg they are found in a sealed lorry or on a cargo ship), and
   
   c. the bat is taken into captivity so it can be examined by a veterinarian or APHA Veterinary Inspector, or it can be held in quarantine
   
   
2. Only members or fellows of the Royal College of Veterinary Surgeons or APHA Veterinary Inspectors are permitted to kill bats under the authority of this licence and then only where there are clinical signs consistent with EBLV or there are valid grounds to justify euthanizing the bat so it can be tested for EBLV (see Information and Advice note c).
   
   
3. Dead bats must be sent to the Chief Diagnostician, Animal and Plant Health Agency, Woodham Lane, Addlestone, Surrey, KT15 3NB (01932 341111) within ten days of the dead bat(s) coming into their possession (see Information and Advice note b).
   
   
4. In the event that EBLV is ruled out following examination and / or quarantine:
   
   a. A bat of a species present naturally in the wild in the UK must be released into the wild at the location of its original capture, or if this is not possible, at a suitable location, when it is fit to do so (see Information and Advice note c).
   
   b. A bat of a species not present naturally in the wild in the UK must not be released in the UK. If the bat cannot be returned to its place of origin or elsewhere in its natural range then the advice of Natural England must be obtained (see Information and Advice note c).
   
   
5. Any person using this licence must be appropriately trained and experienced in handling bats and is responsible for making sure that they use appropriate equipment (such as trap or net) and that they are competent to use such equipment so as to avoid unnecessary suffering (see Information and Advice note e).
   
   
6. No activities shall be carried out under this licence on a National Nature Reserve or a Marine Nature Reserve except with the prior written permission of Natural England’s ‘Responsible Officer’ for the relevant site(s).

Important

This licence authorises acts that would otherwise be offences under the legislation referred to above. Failure to comply with its terms and conditions:

i. may be an offence against the Habitats Regulations, or mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the Habitats Regulations is, at the time of the issue of this licence, an unlimited fine and/or a six month custodial sentence

ii. may result in your permission to use this licence being withdrawn. Natural England will inform any person or organisation whose permission to use this licence is withdrawn in writing. This sanction may be applied to other similar licences, and

iii. may mean that you are not able to rely on this licence as a defence in respect to the prohibitions within the Animal Welfare Act 2006 or the Wild Mammals (Protection) Act 1996

If the activity that you wish to undertake is not covered by this licence, or if you are unable to comply with any of the terms and conditions which apply to the use of this licence, then you will need to apply to Natural England for an individual licence.

This licence is not a consent for the purposes of Part II of the Wildlife and Countryside Act 1981 (as amended) in respect to SSSIs. It is your responsibility to get consent or assent if required before this licence can be used on any SSSI. See Advice (k - m) for further information.

Issued by and on behalf of Natural England on 1 January 2024.

Information and advice specific to this licence

Coronavirus – Best practice

To avoid transmitting COVID-19 from people to wild mammals, you should: stay at least 2 metres from live wild mammals at all times; only capture or handle live wild mammals if necessary; and avoid going within 2 metres of known breeding or regularly used resting sites of mammals. If you cannot follow these guidelines, then you should minimise the time spent in close proximity and handling mammals; limit the number of people that come into close proximity or handle mammals; and keep animals separate from other individuals as far as possible.

i. Persons acting under this licence should follow good hygiene practices, including wearing of disposable gloves, or clean and disinfected non-disposable gloves; wearing a face covering when handling and in close proximity to any mammal; and washing hands before and after close proximity or handling of any mammal. Face coverings, non-disposable gloves and overalls or other clothing should be washed / disinfected between uses when handling mammals.

ii. You should not carry out activities under this licence if you feel unwell, test positive for COVID-19 or live with someone who has or might have COVID-19.

iii. Any products used to clean and disinfect equipment should be safe for use where there could be contact with animals and used at an effective and safe dilution rate. ‘Safe4’ is considered to be an appropriate disinfectant for this purpose and is considered effective against the virus at a dilution of 1:50. Other products can be used to clean and disinfect equipment.

Bats and rabies

a. For advice on European bat lyssavirus, including the health implications for people, please visit the GOV.UK website https://www.gov.uk/rabies-in-bats.

b. The BCT can provide copies of form BAT 1 for you to complete and enclose with any dead bat as well as appropriate packaging to send it to the APHA. The form is also available online at: https://www.gov.uk/government/publications/bats-submission-for-rabies-screening.

Caring for and euthanizing sick or injured bats

c. Although all bats are strictly protected you do not require a licence to care for an injured or sick bat and neither do you need a licence to humanely euthanize a bat that has no reasonable chance of recovering. If the bat is so disabled that it cannot be released and you do not intend to euthanize it then you will need to apply for a licence from Natural England to keep the bat permanently in captivity.

Biosecurity

d. Users of this licence should consider the risks of activities to biosecurity and take relevant precautions when visiting heathland and woodland sites to avoid the spread of tree and plant pests and diseases, including Phytophthora and Ash dieback Chalara. Further information on plant biosecurity is available on the GOV.UK website.

Relevant legislation and good practice

e. Persons acting under a licence should have regard to legislation and good practice relevant to the action(s) undertaken, including animal welfare and the Animal Welfare Act 2006. It is an offence to cause any unnecessary suffering to an animal (including birds) under the control of man (section 4 of the 2006 Act). This applies to the humane dispatch of captured animals and the treatment of animals held in traps or nets, including decoy birds and non-target animals. The application of Animal Welfare Act 2006 to wildlife management activities is explained in Natural England leaflet Wildlife Management Advice Note: The Animal Welfare Act 2006: what it means for wildlife (WML-GU02).

Information and advice for all class and general licences

General information

f. Ordinarily, licences will be reissued on 1 January each year (note: you do not need to re-register for those with registration requirements). Please note, however, that they can be modified or revoked at any time by Natural England or the Secretary of State, but this will not be done unless there are good reasons for doing so. You are advised to check the terms and conditions of a licence prior to your first use of it each year in case of amendments.

g. The common name of the species given in a licence is included by way of guidance only; in the event of any dispute or proceedings, it is the scientific name of a species only that will be taken into account.

The limits of licences

h. Licences permit action only for the purposes specified on that licence.

i. Licences do not permit actions prohibited under any other legislation, nor do they confer any right of entry upon land.

j. Unless otherwise stated the provisions of Natural England licences only apply landward of the mean low water mark in England. The Marine Management Organisation is responsible for all licensing seaward of the mean low water mark.

Protected sites

k. You can search for and view details about all SSSIs by using Natural England’s Designated Sites system. The notification documents for each SSSI contain a list of operations that require Natural England’s prior consent. Owners and occupiers of land notified as SSSIs are required to give written notice to Natural England before either beginning any of these operations, or allowing someone else to carry out those operations. SSSI consent can only be given to a SSSI owner or occupier. It may be given with or without conditions, or in some cases, consent may not be granted. A similar process applies to public bodies and statutory undertakers (as defined under Section 28G of the Wildlife and Countryside Act 1981 (as amended)) and this obligation applies even where the operations are carried out on land outside of the SSSI.

l. Please note that as the licensee you will not be able to undertake the licensed activity on a SSSI until the owner or occupier of the SSSI has applied for, and received, Natural England’s written SSSI consent. If you do so, you may be at risk of committing an offence. As the licensee, if you wish to exercise this licence on a SSSI you must contact the relevant owners or occupiers of the SSSI and ensure they give written notice to Natural England of their proposal to permit you to carry out licensed activity on their SSSI. You should wait until a SSSI consent decision has been received by the SSSI owner/occupier before you begin to exercise this licence on a SSSI. See GOV.UK for further information on how to get SSSI consent from Natural England.

m. In considering whether to issue consent or assent for activities likely to affect a SSSI that is a European site, in other words a Special Protection Area (SPA) or Special Area of Conservation (SAC), Natural England will carry out a Habitats Regulations Assessment, as required by the Conservation of Habitats and Species Regulations 2017 (as amended) to ensure there will be no adverse effects on the European site.

Contact Natural England for licensing enquiries

Telephone: 020 802 61089

Email: [email protected]

Wildlife Licensing, Operations Delivery
Natural England
Horizon House
Deanery Road
Bristol
BS1 5AH

For other enquiries use the Enquiry Service.

Telephone: 0300 060 3900

Email: [email protected]

WML-GL25 [version January 2024]