The Dangerous Wild Animals Act 1976 (Modification) (Scotland) Order 2008

Explanatory Note

(This note is not part of the Order)

This Order substitutes a new Schedule for the Schedule to the Dangerous Wild Animals Act 1976 (“the Act”), which specifies the kinds of animals to which the provisions of the Act apply. It is an offence under the Act to keep an animal listed in the Schedule without a licence from the local authority.

The Schedule to the Act has two columns. Section 7(5) of the Act has the effect that the common names listed in the second column are included by way of explanation only, and only the scientific names in the first column are to be taken into account in the event of any dispute or proceedings.

The Schedule to the Act was last modified by S.I. 1984/1111, and that instrument is therefore revoked by this Order.

This Order adds the following animals to the Schedule: the Argentine Black-headed snake, the Peruvian racer, the South American green racer, the Amazon false viper, the Middle Eastern thin tailed scorpion, and the dingo.

The provisions of the Act no longer apply to the following animals which were previously listed in the Schedule (as modified by S.I. 1984/1111):–

(a) Certain smaller primates (woolly lemurs, tamarins, night monkeys, titi and squirrel monkeys);

(b) Sloths;

(c) North American porcupine and crested porcupines;

(d) Capybara;

(e) Cacomistles, racoons, coatis, olingoes, the little coatimundi and kinkajou;

(f) Binturong;

(g) Cat hybrids that are predominately domestic cat and certain smaller cats (wild cats, sand cats, black-footed cats, pallas cat, the little spotted cat, Geoffroy’s cat, the kodkod, the bay cat, and the rusty-spotted cat);

(h) Hyraxes;

(i) Guanaco and vicuna;

(j) Emus;

(k) Sand snakes and the mangrove snake; and

(l) Brazilian wolf spiders.

This Order makes certain amendments to reflect taxonomical changes since 1984, for example pandas remain specified for the purposes of the Act, but are included as part of the bear family (family Ursidae).

This Order also clarifies that farmed wild boar, but not other domesticated pigs of the species Sus scrofa, are specified animals for the purposes of the Act.

A regulatory impact assessment has not been prepared for this Order as it is not expected to have any impact on the private or voluntary sectors.