45.—The Principal Act is hereby amended by the substitution of the following for section 38:

“38.—(1) Any person who uses—

(a) any lamp, light, torch, mirror or other artificial light-reflecting or dazzling device or appliance, or

(b) any device for illuminating, image intensifying or heat seeking a target, or

(c) any sighting device for night shooting, or

(d) any device or appliance which is of a type, class or description specified in an order under subsection (2) of this section,

in hunting any protected wild bird or protected wild animal otherwise than while either—

(i) attaching thereto any band, ring, tag or other marking device, or

(ii) hunting for educational or scientific purposes or for any other purpose,

pursuant to and in accordance with a licence granted under this Act by the Minister, shall be guilty of an offence.

(2) (a) The Minister may by order declare a device or appliance which is of a type, class or description specified in the order to be a device or appliance to which subsection (1) of this section applies.

(b) The Minister may amend or revoke an order made under this subsection.”.