The following sections shall be substituted for section fifty of theAgriculture (Scotland) Act, 1948 (which regulates the use of firearms and spring traps for the purpose of killing hares or rabbits):—
(1)Subject to the provisions of this ssection, a person shall be guiltyof an offence under this subsection if—
(a)between the expiration of the first hour after sunset and thecommencement of the last hour before sunrise, he uses a firearm for the purpose of killing hares or rabbits; or
(b)for the purpose of killing or taking animals, he uses, or knowingly permits the use of, any spring trap other than an approved trap, oruses, or knowingly permits the use of, an approved trap for animals or in the circumstances for which it is not approved; or
(c)he sells, or exposes or offers for sale, any spring trap with a view to its being used for a purpose which is unlawful under the last foregoing paragraph ; or
(d)he has any spring trap in his possession for a purpose which is unlawful under this subsection.
(2)A person guilty of an offence under the foregoing subsection shall beliable on summary conviction to a fine not exceeding twenty pounds or,if he has been previously convicted of such an offence, a fine not exceeding fifty pounds.
(3)In this section any reference to an approved trap refers to a trap of a type and make for the time being specified by order of the Secretary of State as approved by him either generally or subject to conditionsas to the animals for which or the circimstances in which it may beused, and any reference to the animals or circumstances for which a trap is approved shall be construed accordingly.
(4)Subject to the provisions of the next following subsection, the Secretary of State may from time to time by order authorise the use, for the purpose of killing or taking animals, of spring traps other than the approved traps, and such authority may be granted—
(a)either generally or subject to such conditions as to the animals forwhich or the circumstances in which such traps may be used as may bespecified in the order ;
(b)either as respects all land in Scotland, or as respects the land in any county or any part of a county, or as respects any particular land or class of land, as may be so specified;
and pargraph (b) of subsection (1) of this section shall not renderunlawful the use of a spring trap under such an authority.
(5)The Secretary of State may,—
(a)if he is satisfied, having regard to the quantities of approved traps available at reasonable prices and to such other considerations as seem to him relevant, that it is expedient to do so, by order withdraw any authority granted under the last foregoing subsection;
(b)when he is satisfied that the power to grant authorities under the said subsection is no longer necessary, by regulation withdraw all subsisting authorities granted under that subsection ;
and after such regulation has been made it shalll not be lawful for the Secretary of State, unless the regulation is revoked undersubsection (1) of section five of the Statutory Instruments Act, 1946,to grant an authority under the last foregoing subsection.
(6)Paragraph (b) of subsection (1) of this section shall not render unlawful the experimental use of a spring trap under and in accordance with a licence given by the Secretary of State to enable a trap to be developed or tested with a view to its being approved under subsection (3) of this section.
(7)Subsection (1) of this section shall not apply to spring traps of anydescription specified by order of the Secretary of State as being adapted solely for the destruction of rats, mice or other small ground vermin.
(8)The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument which, in the case of an order made under the last foregoing subsection, shall be subject to annulment by resolution of either House of Parliament.”
Modifications etc. (not altering text)
C1The text of ss. 2(1), 4(3), 5(1)(2)(3), 10 and 11 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.