Statutory guidance

Licence to hold wild bird and animal samples during investigations into offences (GL10)

Updated 1 January 2024

Applies to England

General licence GL10: to permit laboratories and scientific institutions to possess biological samples taken during the investigation of offences.

Overview

This licence permits laboratories and scientific institutions to possess, during the investigation of offences, biological samples (including blood, DNA and other tissue samples) taken from wild birds and wild animals (including badgers) that are suspected of being taken unlawfully from the wild. Licence users must comply with licence terms and conditions.

Registration: registration is not required to use this licence

Recording and reporting: none required

Reference: WML – GL10

Legislation

Statute(s) Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’), Protection of Badgers Act 1992 (‘the 1992 Act’), and Conservation of Habitats and Species Regulations 2017 (as amended) (‘the Habitats Regulations’).

Section(s) This licence is issued under: sections 16(1)(a) and (c), 16(3)(a) and (c) and 16(5) of the 1981 Act section 10(1)(a) and (f) of the 1992 Act regulation 55(2)(a) and (c) of the Habitats Regulations.

Licence 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 for:

science (including research) conservation purposes in relation to the investigation of offences

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purpose stated above, this licence permits possession, for an indefinite period, of blood and other tissue samples taken from wild birds and wild animals , including badgers* for forensic investigation in relation to offences or suspected offences under the 1981 Act, the 1992 Act, and / or the Habitats Regulations.

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 person” is a person employed by, or contracted to work on behalf of, laboratories and scientific institutions.

“Wild bird” and “wild animal” have the same meaning as in section 27 of the 1981 Act and “wild animal” as in regulation 43(4) (a & b) of the Habitats Regulations.

“Badger” has the same meaning as in section 14 of the 1992 Act.

“Wildlife crime” means any offence under the Conservation of Habitats and Species Regulations 2017, 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.

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 1981 Act, the 1992 Act or 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 1981 Act, the 1992 Act and 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.

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

Information and advice specific to this licence

Limits of this licence

a. This licence does not permit the taking of biological samples, only the possession of biological samples, as specified in What this licence permits.

The law

b. Natural England has issued this licence in exercise of the powers conferred by the 1981 Act, the 1992 Act and the Habitats Regulations. Visit https://www.legislation.gov.uk/ to view the full text of these pieces of legislation.

c. Section 16 of the 1981 Act, section 10 of the 1992 Act and regulation 55 of the Habitats Regulations provide that offences in Part 1 of the 1981 Act, sections 1, 3, 4 and 5 of the 1992 Act and regulations 43, 45 or 47 of the Habitats Regulations shall not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority, which is, in England, Natural England.

Information and advice for all class and general licences

General information

d. Ordinarily, licences will be reissued on 1 January each year. 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.

e. 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

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

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

h. 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.

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]

Website https://www.gov.uk/government/organisations/natural-england

WML-GL10 [version January 2024]