9Killing and taking of certain birds permitted only on land with section 16AA licence
(1C)Where subsection (1D) applies, a person does not commit an offence under section 1 by reason of killing or taking a bird included in Part 1B of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.
(1D)This subsection applies where—
(a)the bird was killed or taken through the use of a bird of prey, or injured in an attempt to do so,
(b)either—
(i)the person who killed or injured it had a legal right, or permission, to kill such a bird, or
(ii)the person who took it had a legal right, or permission, to take such a bird, and
(c)in the case where the person subsequently killed the injured bird, the person took all reasonable steps to kill it in a way that caused it the minimum possible suffering.”,