Legislation is a valuable conservation tool.  This section is intended to provide a broad coverage of the relevant legislation. 

The ‘Bern Convention’ was transposed into UK law by the Wildlife and Countryside Act 1981.  The Act has undergone a number of amendments, including those of the Countryside and Rights of Way (CRoW) Act 2000.  These amendments allowed the addition of ‘or recklessly’ to a number of the provisions (see below), introduced the power of arrest, and increased both the time limits of prosecutions, and the level of the penalties themselves.  The CRoW Act is only applicable in England and Wales.

ALL bats are listed on Schedule 5 of the Wildlife and Countryside Act 1981.  Under this 1981 Act it is an offence to;

  • Intentionally kill, injure or take a bat [Section 9(1)]
  • Possess or control any live or dead specimen or anything derived from a bat [Section 9(2)]
  • Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection by a bat [Section 9(4)]
  • Intentionally or recklessly disturb a bat while it is occupying a structure or place which it uses for that purpose [Section 9(4)(b)]

A person acts recklessly if they knowingly take an unacceptable risk, or do not recognise or acknowledge a clear risk.

The European ‘Habitats Directive’ is transposed into UK law by the ‘Habitats Regulations’.  All bats are listed on Annex IV (‘European protected species) of the Directive. A number are also listed on Annex II, which relates to Special Areas of Conservation (SACs), covering greater and lesser horseshoe bats, barbastelle and Bechstein’s bat.  Regulation 39 makes it an offence to;

  • Deliberately capture or kill a bat [Regulation 39(1)(a)]
  • Deliberately disturb a bat [Regulation 39(1)(b)]
  • Damage or destroy a breeding site or resting place of a bat [Regulation 39(1)(d)]
  • Keep, transport, sell or exchange, or offer for sale or exchange a live or dead bat or any part of a bat [Regulation 39(2)]

The Habitats Regulations were amended in 2007; The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007. The amending legislation (Statutory Instrument 2007 No. 1843 in England and Wales) came into effect on 21 August 2007. Please click here to read the amendments.

The plethora of legislation allows for the comprehensive protection of bats; the various provisions almost parallel each other.

Natural England issue licences for scientific, educational and conservation purposes.

 

 

Information sources:

A. J. Mitchell-Jones.  (2004). Bat Mitigation Guidelines.  English Nature                            
A. J. Mitchell-Jones & C. J. Robertson. (2004). Bats and the Law in Bat Workers’ Manual. 3rd Edition.  JNCC