Citation, commencement and interpretation
1.—(1) This Order may be cited as the Snares (Scotland) Order 2010 and comes into force on 11th March 2010.
(2) In this Order “the Act” means the Wildlife and Countryside Act 1981.
Check that snares are free‑running
2.—(1) Any person who sets a snare in position must, while it remains in position, check that it is free‑running or cause it to be so checked at least once every day at intervals of no more than 24 hours.
(2) Any person who, while carrying out such a check, finds that the snare is not free‑running must remove the snare or restore it to a state in which it is free‑running.
Snare stops and anchors
3. A snare is to be treated as having been used in a manner which constitutes an offence under section 11(1)(aa)(1) of the Act if it is used otherwise than in accordance with articles 4 and 5.
Snare stops
4.—(1) A person who sets in position or otherwise uses a snare must ensure that the snare is fitted with a stop which complies with this article.
(2) The stop must be capable of preventing the noose of the snare closing beyond the stop.
(3) Where the person intends to use the snare to catch animals of the family leporidae, the stop must be fixed no less than 13 centimetres from the running end of the snare.
(4) Where the person intends to use the snare to catch foxes, the stop must be fixed no less than 23 centimetres from the running end of the snare.
Snare anchors
5. A person who sets a snare in position must—
(a)stake it to the ground, or
(b)attach it to an object,
in a manner which will prevent the snare being dragged by an animal caught by it.
Location of snares
6. A snare is to be treated as having been set in a manner which constitutes an offence under section 11(1)(aa) of the Act if it is set in a place where an animal caught by the snare is likely to—
(a)become fully or partially suspended, or
(b)drown.
R CUNNINGHAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
20th January 2010