2015 No. 377

Wildlife

The Snares (Training) (Scotland) Order 2015

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 11A(8)(a) and (i) of the Wildlife and Countryside Act 19811 and all other powers enabling them to do so.

For the purposes of section 26(4)(a) of that Act2 they consider that no local authority is affected by this Order.

In accordance with that provision, they have given any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order.

In accordance with section 26(4)(b) of that Act, they have consulted Scottish Natural Heritage.

Citation and commencement1

This Order may be cited as the Snares (Training) (Scotland) Order 2015 and comes into force on 1st January 2016.

Interpretation2

In this Order—

a

“approved body” means a person or body specified in the Schedule; and

b

“trained” means trained to set a snare in position and on the circumstances in which the setting of snares is an appropriate method of predator control for the purposes of section 11A(4) of the Wildlife and Countryside Act 1981.

Training certificates3

1

A person is trained when that person holds a training certificate issued in accordance with paragraphs (2) and (3).

2

The training certificate is issued by an approved body.

3

The training certificate is issued to a person whom the approved body determines (by examination or otherwise) is competent to—

a

select an appropriate location for a snare to be set;

b

set a snare in accordance with the law;

c

identify and remedy defects in the setting and use of a snare; and

d

set a snare in such a manner, and in such a place, that it is reasonable to expect that—

i

use of the snare is consistent with animal welfare; and

ii

the setting of the snare is an appropriate method of predator control.

Revocation4

The Snares (Training) (Scotland) (No. 2) Order 20123 is revoked.

AILEEN McLEODAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULEApproved bodies

Article 2

  • Borders College4

  • British Association for Shooting and Conservation Limited5

  • Countryside Alliance6

  • Game and Wildlife Conservation Trading Limited7

  • The Board of Management of The North Highland College8

  • Scottish Association for Country Sports9

  • Scottish Gamekeepers Association Charitable Trust10

  • SRUC11

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision about training in relation to setting snares. The Order also revokes the Snares (Training) (Scotland) (No. 2) Order 2012 (article 4), which this Order replaces.

Article 3 makes provision as regards when a person has been trained to set a snare in position and on the circumstances in which the setting of snares is an appropriate method of predator control for the purposes of section 11A(4) of the Wildlife and Countryside Act 1981.

Article 3(1) specifies that a person is trained when the person holds a training certificate issued in accordance with article 3(2) and (3). The training certificate must be issued by an approved body (article 3(2)). The approved bodies are those listed in the Schedule to the Order.

Article 3(3) provides that the training certificate is issued to a person whom the approved body determines (by examination or otherwise) is competent in the matters listed in sub-paragraphs (a) to (d).

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Natural Resources Division, the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ.