Provisions the documents cite: reg 42 and Schedule 2 (European protected species of animals), reg 43 (protection of certain wild animals: offences), reg 55(1)–(7) (licences for certain activities)
What it requires
Schedule 2 lists the European protected species of animals whose natural range includes any area in Great Britain (reg 42), including all horseshoe bats (Rhinolophidae) and all typical bats (Vespertilionidae), the great crested newt, common otter, dormouse, sand lizard, smooth snake and natterjack toad, and the Eurasian beaver (added in England from 1 October 2022 and in Wales from 4 March 2026). A person commits an offence who deliberately captures, injures or kills a wild animal of a European protected species, deliberately disturbs wild animals of such a species, deliberately takes or destroys the eggs of such an animal, or damages or destroys a breeding site or resting place of such an animal (reg 43(1)); the breeding site and resting place offence in reg 43(1)(d) does not use the word "deliberately". Disturbance includes in particular any disturbance likely to impair the animals' ability to survive, breed or reproduce, or rear or nurture their young, or to hibernate or migrate, or to affect significantly the local distribution or abundance of the species (reg 43(2)). Possessing, controlling, transporting, selling, exchanging or offering such an animal taken from the wild, or anything derived from it, is also an offence (reg 43(3)–(4)). The offences apply at every stage of the animal's life, and the animal is presumed wild unless the contrary is shown (reg 43(5)–(6)). Penalty on summary conviction: imprisonment up to six months or a fine, or both (reg 43(8)). Courts must take into account any relevant guidance published under reg 43(9) on the disturbance and breeding-site offences, and in sentencing for damaging a breeding site or resting place must consider whether the damage could reasonably have been avoided (reg 43(10)–(11)). reg 43 does not apply to anything done under and in accordance with a licence granted by the relevant licensing body for a purpose in reg 55(2), which include preserving public health or public safety or other imperative reasons of overriding public interest, including those of a social or economic nature (reg 55(1)–(3)). REASONING — a bat roost in a roof is treated as a breeding site or resting place, so work that would damage or destroy it needs a licence first; the Regulations do not use the word roost. Part 3 extends to England and Wales.
The instrument itself: https://www.legislation.gov.uk/uksi/2017/1012. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
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The 4 documents that cite it
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