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This section briefly describes the legal protection afforded to protected species. It is for information only and is not intended to be comprehensive or to replace specialised legal advice. It is not intended to replace the text of the legislation, but summarises the salient points.
7.2 Dormice
Common Dormouse (Muscardinus avellanarius) are listed on Schedule 5 of the Wildlife and Countryside Act 1981 (as amended), and receive full protection under Section 9. Common Dormouse also receives protection under Schedule 6 of The Wildlife and Countryside Act 1981 (as amended) relating specifically to trapping and direct pursuit of these species. These species are also all listed as European Protected Species on Schedule 2 of the Conservation (Natural Habitats, etc.) Regulations 1994 which gives them full protection under Regulation 39. Protection was extended by the Countryside and Rights of Way Act 2000 (the CRoW Act).
Under the above legislation it is an offence to: • kill, injure or take an individual; • possess any part of an individual either alive or dead;
• intentionally or recklessly damage, destroy or obstruct access to any place or structure used by these species for shelter, rest, protection or breeding;
• intentionally or recklessly disturb these species whilst using any place of shelter or protection; or