The Environmental Protection (Restriction on Use of Lead Shot) (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations which apply to Scotland only, prohibit the use of lead shot for shooting with a shot gun on or over wetlands (regulation 4).

Regulation 2 contains definitions of terms used. In regulation 3 “wetlands” is described by reference to Article 1.1 of the Convention of Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971 (as amended from time to time).

Article 1.1 states: “For the purpose of this Convention wetlands are areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres”(1)(2). Regulation 3 also clarifies what is meant by the terms “peatland” and “temporary” wetlands in that Article for the purposes of these Regulations.

Regulation 5 sets out powers to enable a constable to ascertain whether an offence has been committed under these Regulations where the constable has reasonable suspicion that an offence has been committed. It sets out powers of search, seizure and entry into any land without a warrant, except for dwellings and lockfast premises. The police are able to obtain a warrant to enter any premises except for dwellings if necessary using reasonable force. There is also a power to enable samples or any articles or substances to be taken. In exercising powers under this regulation a constable may be accompanied by any other person to assist and may take necessary equipment or materials.

Regulation 6 places a duty on a constable to ensure, when leaving unoccupied land or land of which the owner is temporarily absent, which the constable has entered in exercise of the powers under regulation 5, that the land is effectively secured against unauthorised entry as the constable found it.

Regulation 7 creates the offence of contravention, or causing or permitting the contravention of regulation 4. It makes that offence punishable summarily with a fine not exceeding level 3 on the standard scale.

Regulation 8 provides for offences which are committed by bodies corporate, partnerships and unincorporated associations and extends liability to persons in control of such bodies in certain circumstances.

(1)

The Ramsar Convention provides a detailed “Classification System for Wetland Types”, which provides further guidance as to what constitutes a wetland.

(2)

Administrative guidance on the Regulations will be produced and published by the Scottish Environment and Rural Affairs Department of the Scottish Executive.