1.1 LEGISLATION IN THE UNITED KINGDOM 11 Bats and the law A J Mitchell-Jones & C J Robertson the legislation is any structure or place which any wild animal…uses for shelter or protection’ (WCA) or breeding site or resting place (Habitats Regulations). Because bats tend to reuse the same roosts after periods of vacancy, legal opinion is that the roost is protected whether or not the bats are present at the time. Intentionally can be interpreted directly as a result is intended when it is the actor’s purpose or it can be inferred by a court when the result is a virtually certain consequence of the act and the actor knows that it is a virtually certain consequence. Deliberately is not well defined in law, although the House of Lords has equated it with wilfully. A person acts recklessly if he deliberately takes an unacceptable risk (recognises the risk but takes it anyway) or fails to notice or consider an obvious risk (does not consider whether there is a risk). There are three defences in the law, which allow what would otherwise be prohibited acts Injured or disabled animals maybe taken and possessed solely for the purpose of looking after them and releasing them once they are no longer disabled similarly, badly injured animals maybe killed legally Within dwelling-houses, bats maybe disturbed and bat roosts maybe damaged, destroyed or obstructed. However, bats may not be killed, injured or taken.