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Bats and the Law
what is illegal?

In England, Scotland and Wales the law protecting bats is considerably stricter than it is for most other animals. All bat species are protected under schedule 5 of the Wildlife & Countryside Act 1981. All bats are also included in Schedule 2 of the Conservation (Natural Habitats &c) Regulations 1994, which defines "European protected species of animals". Taken together the Act and Regulations make it illegal to:

• intentionally or deliberately kill, injure or capture (take) bats;
• deliberately disturb bats (whether in a roost or not);
• damage, destroy or obstruct access to bat roosts
• possess or transport a bat or any part of a bat, unless acquired legally;
• sell, barter or exchange bats, or parts of bats.

In this interpretation, a bat roost is "any structure or place which any wild [bat]...uses for shelter or protection". Because bats tend to reuse the same roosts, legal opinion is that the roost is protected whether or not the bats are present at the time.

There are three defences in the law that allow what would otherwise be prohibited acts.

1. Injured or disabled bats may be taken and possessed in order to look after them, with the sole purpose of releasing them once they are no longer disabled;

2. Within dwelling-houses in use, bats may be disturbed and bat roosts may be damaged, destroyed or obstructed if the appropriate Statutory Nature Conservation Organisation (SNCO) has been notified and allowed a reasonable time to advise on whether the proposed action should be carried out. However, bats may not be killed, injured or taken (see note below).

3. Killing, injuring, taking or disturbing bats or damaging, destroying or obstructing roosts are not offences if these were the incidental result of a lawful operation and could not have reasonably been avoided (but see note below).

The above statements apply to any species on Schedule 5 of the Wildlife & Countryside Act 1981 or any 'European protected species', BUT there is one special provision which applies only to bats. This states that defences 2 and 3 above cannot be relied upon (except within the living area of a dwelling-house) unless the appropriate Statutory Nature Conservation Organisation (SNCO) has been notified and allowed a reasonable time to advise on whether the proposed action should be carried out and, if so, the method to be used. The text goes on & on but the important bits have been covered. The SNCOs are Natural England, Scottish Natural Heritage and the Countryside Council for Wales. Different laws apply in Northern Ireland but they have a similar effect to the above. The SNCO for NI is the Environment and Heritage Service (Northern Ireland).

So what this means, is that if you intend to do any works which might affect bats or their roosts, such as work to old trees or in roofspaces, you must by law consult with Natural England or the other relevent body.

To find out more visit the Bat Conservation Trust.

This page is taken largely from postings to the UK Wildlife mailing list.