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(This note is not part of the Order)
This Order makes provision about the use of snares.
Article 2 requires someone who sets a snare to check that it remains free‑running every 24 hours. It is an offence under section 11(3E) of the Wildlife and Countryside Act 1981 to use a snare or to knowingly cause or permit someone else to use a snare without complying with the requirement specified in that article.
It is an offence under section 11(1)(aa) of the 1981 Act to set or otherwise use a snare in a manner calculated to cause unnecessary suffering to an animal. Article 3 specifies that a snare is to be treated as having been used in such a manner if it is used without complying with articles 4 and 5. Article 4 requires a stop to be fixed to a snare before it is used. Article 5 requires a snare to be staked in place or attached to another object to prevent it being dragged.
Article 6 specifies that a snare is to be treated as having been set in a manner which is calculated to cause unnecessary suffering to an animal if it is set in a location where a snared animal could become suspended or drown.
A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Rural Directorate, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.
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