Hunting Act 2004 - Terrier Work
Digging out a fox in the traditional manner is now illegal.
The 'Code of Practice' has the force of law and comes under paragraph 2 of Shedule 1 to the Hunting Act 2004. This is supplemented by the 'BASC's Good Practice Guide'. While the Code has the force of law, the Good Practice Guide does not, but in court would be used as an indicator of a desire to be responsible and stay within the law.
We have taken legal opinion and the most crucial is that digging down to kill a fox as has traditionally occured is now illegal. This is because the use of spades and digging would prevent the fox from bolting, which is the central demand of the code. Crucially, the BASC's Good Practice Guide which would be used by courts as an indicator of motive, reinforces this by stating: "You may dig solely for the purpose of rescuing your terrier."
In a nut shell:
1. Using more than one 'soft terrier' (those that habitually stand off and bark at the wild mammal) to bolt a fox is illegal. Terriers that are ‘hard’ (those that habitually fight) must not be used.
2. Using a terrier other than to bolt a fox for the purpose of reducing damage to game birds being kept for shooting, is now illegal. Fox example, you could not do it on a farm that just had sheep.
3. Written permission must be kept by the terrierman showing he has the permission of the landowner.
4. The aim must be to bolt a fox. Entering a terrier into a hole with its exit blocked is illegal, as is digging down and shooting the fox. Indeed anything that will prevent the fox bolting is illegal.
More information: Hunting Act 2004
Laws to Protect Wild Animals.
There are various laws that protect wild animals and it is worth remembering them.
Some wild animals and birds are protected to various degrees by a number of Acts, in particular by the Wildlife and Countryside Act 1981, in so far as legislation provides for their preservation and restricts the methods that may be used to kill or take them.
Wild animals were not protected by legislation from acts of cruelty unless they were captive.
However the Wild Mammals (Protection ) Act 1996 introduced offences relating to the cruel treatment of wild animals in certain circumstances. This is the Act that would cover cruelty to animals underground.
In field sports, the responsibility rests with the individual to ensure that he has the appropriate gun, ammunition or other equipment, is able to identify his quarry, has the capability to take it and consequently despatch it quickly, efficiently and humanely.
The Protection of Animals Act 1911 cover various forms of cruelty, but the list of animals protected by the Act is strictly confined to those defined as being domestic or captive. This is the Act that would cover cruelty to dogs being used underground.
Finally the Protection of Badgers Act 1992 protects the badger and its sett from interference of digging and putting dogs into them.
