2 Exceptions to s 1[: acts by certain persons outside close season]
Wildlife and Countryside Act 1981 (1981 c 69) | Legislation

2  Exceptions to s 1[: acts by certain persons outside close season]

(1)     Subject to the provisions of this section, [where subsection (1A) applies] a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.

[(1A)     This subsection applies where—

(a)     whatever the kind of bird in question—

(i)     the person who killed or injured it had a legal right, or permission, to kill such a bird; or

(ii)     the person who took it had a legal right, or permission, to take such a bird; and

(b)     in the case of a bird included in Part 1B of Schedule 2—

(i)     an owner or occupier of the land on which the bird was killed, injured or taken held an unsuspended section 16AA licence; or

(ii)     the person who killed, injured or took the bird reasonably believed that an owner or occupier held an unsuspended section 16AA licence in relation to that land.

(1B)     In subsection

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