Statutory guidance

Licence to sell protected species legally taken before 30 October 1981 (CL07)

Updated 1 January 2024

Applies to England

Class licence CL07: to sell dead specimens, which were taken from the wild prior to 30 October 1981 and are listed on Schedule 2 of the Conservation of Habitats and Species Regulations 2017 (as amended) or Schedule 5 of the Wildlife and Countryside Act 1981 (as amended).

Overview

This licence permits the sale, and offering for sale, of dead specimens and/or derivatives of wild animals listed on Schedule 2 of the Conservation of Habitats and Species Regulations 2017 (as amended) (‘the Habitats Regulations’) and those listed on Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’) which have been legally taken from the wild prior to 30 October 1981.

The sale of dead specimens of species listed on Schedule 2 of the Habitats Regulations is permitted for the purposes of science and education only. The sale of specimens of species listed on Schedule 5 of the 1981 Act is permitted for any purpose.

Sale would otherwise be an offence under regulation 43(3)(c) or (d) of the Habitats Regulations or under section 9(5) of the 1981 Act.

Registration: Anyone wishing to use this licence must first apply to Natural England.

Recording and reporting: There is a data recording requirement.

Reference: WML – CL07.

Legislation

Statute(s) The Conservation of Habitats and Species Regulations 2017 (as amended) (‘the Habitats Regulations’) Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’).

Section(s) This licence is issued under regulations 55 and 57 of the Habitats Regulations and section 16(4)(b) of the 1981 Act.

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: The sale of dead specimens and/or derivatives of wild animals listed in:

i. Schedule 2 of the Habitats Regulations – only for scientific or educational purposes, and

ii. Schedule 5 of the 1981 Act (but not also Schedule 2 of the Habitats Regulations) for any purpose

What this licence permits

Subject to the terms and conditions below, and for the purposes set out above, this licence authorises the sale or offering for sale of dead specimens and/or derivatives of wild animals that are listed on Schedule 2 of the Habitats Regulations that would otherwise be an offence under regulations 43(3)(c) or (d).

It also permits the sale, possession or transport for the purposes of sale and advertising for sale of specimens and/or derivatives listed on Schedule 5 of the 1981 Act that would be an offence under section 9(5)(a) or (b), provided that they:

i. were legally taken from the wild, and

ii. were taken from the wild prior to 30 October 1981

Who can use this licence

This licence can only be used by Registered Persons* and Accredited Agents* 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

A “Registered Person” is a person who has successfully registered to use this licence in accordance with Condition 1 and Information and Advice notes f - i.

An “Accredited Agent” is a suitably trained and experienced person who is able to carry out work under a licence without the personal supervision of the Registered Person in accordance with Condition 1.

“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.

“The seller” is any person who sells a dead specimen and/or derivative under this licence.

“The record” is the written record which must contain details of:

i. The person from whom the seller acquired the specimen and/or derivative, and

ii. The person to whom the specimen and/or derivative was sold, and

iii. The species of the specimen and/or derivative, the cause of death (if known) and the date and location the specimen was taken from the wild, and

iv. The seller’s confirmation that, to the best of their knowledge and belief, the specimen sold was legally taken from the wild (see Information and Advice note c)

Licence conditions

1. To use this licence you must either:
   
   i. be a Registered Person (see Information and Advice notes f – i).
   
   ii. be authorised as an Accredited Agent by a Registered Person, in which case you are only permitted to act under the authority of this licence if you are in possession of a letter signed by the Registered Person appointing you by name as a duly Accredited Agent for the purpose of this licence. Accredited Agents shall carry a copy of the said letter when acting under the licence and shall produce it to any police or Natural England officer on request.
   
   
2. The Registered Person is responsible for all activities carried out under this licence. All persons registered to act under this licence are by virtue of that grant of authority the holder of a licence for the purposes of the offence in regulation 60(1) of the Habitats Regulations.
   
   
3. A copy of this licence shall be displayed, where practicable, at all educational events. Where this is not possible, a verbal explanation of licensing requirements shall be given.
   
   Recording and reporting requirements
   
   
4. The seller* must keep a written record (the record*) for a minimum of 24 months from the date of each sale.
   
   
5. The seller must certify the record as accurate.
   
   
6. The seller must, on being given reasonable notice in writing by Natural England, produce the record to a person authorised in writing by the Secretary of State and the seller shall also permit such authorised person to inspect the record.

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 the 1981 Act, 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 1981 Act, and 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 registration to use this licence being revoked and/or the refusal to allow you to be registered on future 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. Breaching a condition of a licence issued under the 1981 Act is not in itself an offence but doing so may mean that the licence cannot be relied upon and an offence could therefore be committed. 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.

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

Information and advice specific to this licence

Sale of specimens

a. This licence only covers sale of specimens that were legally taken from the wild before 30 October 1981.

b. The sale of specimens and/or derivatives which originate from captive bred species are exempt from the provisions of regulation 43(3)(c) or (d) of the Habitats Regulations and section 9(5) of the 1981 Act.

c. Buyers and sellers are advised to check, so far as this is reasonably possible, that specimens and/or derivatives were legally taken from the wild. Particular regard should be given to the origin of specimens. Legal constraints may apply to the collection of specimens from certain sites, such as National Nature Reserves and Sites of Special Scientific Interest, and it is important that the appropriate consents were obtained.

The law

d. Natural England has issued this licence in exercise of the powers conferred under regulation 55 of the Habitats Regulations being satisfied that as regards the purpose set out above:

i. there is no satisfactory alternative, and

ii. that the action authorised will not be detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range

e. This licence covers species listed on Schedule 2 of the Habitats Regulations and species listed on Schedule 5 of the 1981 Act. The sale of any other species listed on Annex IV of the Habitats Regulations, which have been legally taken from the wild, does not require a licence. However, such an animal, or part of an animal, is only treated as having been lawfully taken from the wild if:

i. It was taken from the wild in the United Kingdom or the European territory of a European Union Member State, being territory to which the EC Treaty applies, without contravention of the law of the United Kingdom or the European Union Member State and before the implementation date (In the UK the implementation date is the 10 June 1994) or, where the Member State joined the European Union after that date, the date it joined the European Union.), or

ii. It was taken from the wild elsewhere.

Registering to use this licence

f. Before relying on this licence it is necessary to submit in writing (preferably by email) the following details to Natural England Wildlife Licensing (contact details below):

• your name
• contact address, telephone number and email address (if available)
• the information specified within Annex A for each specimen which to wish to keep

g. Once registered, you must inform Natural England of any permanent change of address.

h. Once registered, a person is entitled to use this licence so long as they satisfy the licence’s terms and conditions; annual re-registration is not required.

i. Any person authorised to use this licence must have sufficient experience to be able to identify the specimen and also must exercise all reasonable due diligence with regard to the provenance of that specimen.

j. Anyone seeking to confirm whether a person is registered to use this licence should contact Natural England Wildlife Licensing (contact details below).

k. A person’s registration may be revoked by Natural England, for example, if that person breaches the conditions of this licence. In these circumstances Natural England will normally give 28 days’ notice of our intention to revoke a person’s registration.

Information and advice for all class and general licences

General information

l. Natural England checks compliance with licences and the attached conditions. Where breaches are identified, these may be subject to enforcement action.

m. Ordinarily, licences will be reissued on 1 January each year (NB 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.

The limits of licences

n. This licence permits action only for the purposes specified above.

o. This licence does not permit actions prohibited under any other legislation, nor does it confer any right of entry onto land.

p. The provisions of this licence 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.

Using and sharing your information

q. There is significant public interest in wildlife licensing and in those who benefit from receiving a wildlife licence. We may make information publicly available, for more information, please see our privacy notice.

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]

Annex A

Register of specimens

The register of Annex IV specimens must include the information stipulated in the table below and be presented in the format shown.

Scientific name	Common name	Whole specimen (Yes/No)	If No, specify the part or derivative	Number	Date came into your possession
Example: Nyctalus noctula	Noctule bat	Yes	-	1	1 May 2024

WML-CL07 [Version January 2024]