18.—(1) A person shall not—

(a) poison a protected animal, or

(b) lay poison by a method or in a manner that a protected animal has or would have access to the poison.

(2) The owner, occupier or person in charge of land shall not lay or cause to be laid a poison or a substance containing a poison on land unless, before laying the poison or substance, he or she erects or causes to be erected, and maintains, a notice or notices of the laying of poison upon the land so that at least one notice is clearly visible from every public place adjoining or being upon the land.

(3) The owner, occupier or person in charge of land on which a poison or a substance containing a poison is laid shall give—

(a) at least 7 days’ notice in writing in advance of the laying of the poison or substance, or

(b) if the poison or substance is being laid as part of a programme for the control of vermin in crops, at least 7 days’ notice in writing in advance of the commencement of the programme accompanied by details of when it is proposed to lay the poison or substance,

to the local authority for the functional area in which the land is situated.

(4) In proceedings for an offence under this section consisting of a contravention of subsection (1), it is a defence for the accused to show that all reasonable precautions were taken to prevent access to the poison or substance by protected animals.

(5) A person who contravenes this section commits an offence and is liable on summary conviction to a class B fine.

(6) In this section—

“poison” does not include the administration of an animal remedy (within the meaning of the Animal Remedies Act 1993) to an animal;

“land” means land on which a protected animal is kept or to which a protected animal has access but does not include areas within the structure of a building or used for purposes ancillary to the use of the building.

(7) This section is in addition to and not in substitution for any enactment relating to the laying of poison.