Part 5 - Wildlife
Section 45 – Overview of Part
256.Section 45 sets out the purposes for which this Part of the Act amends the Wildlife and Countryside Act 1981 (c.69).
Section 46 - Prohibition on use of snares and glue traps
257.Section 46 amends section 11(1) of the Wildlife and Countryside Act 1981 so as to make it an offence to use certain devices in order to kill or take certain animals, or to use those devices where it is likely that they will catch certain animals or cause injury to them.
258.The amendment to section 11(1) of the 1981 Act makes it an offence:
to set a snare or other cable restraint in position in Wales, if the snare or restraint is of a type, and is placed, so as to be likely to cause injury to any wild animal that comes into contact with it;
to use a snare or other cable restraint in Wales for the purpose of killing or taking any wild animal;
to set a glue trap in position in Wales, if the trap is of a type, and is placed, so as to be likely to catch any (non-human) vertebrate animal that comes into contact with it;
to use a glue trap in Wales for the purpose of killing any or taking any (non-human) vertebrate animal.
Section 47 - Modification of prohibitions on use of other methods to kill or take wild animals
259.Section 47 amends section 11(2) of the Wildlife and Countryside Act 1981 so as to modify the prohibitions on setting in position any trap or snare, or any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance. The effect of the modifications is that the prohibitions will apply where the use of those things is “likely” to cause injury to a wild animal of the type specified in those provisions (rather than where the use is “calculated to cause” injury to a wild animal of that type).
Section 48 – Consequential amendments to the Wildlife and Countryside Act 1981
260.Section 48 makes a series of amendments to the Wildlife and Countryside Act 1981. These amendments are connected to the changes made to that Act by sections 46 and 47.
261.For example, the prohibition imposed by section 11(1) (be) of the 1981 Act (inserted by section 48(2)(c)) was previously imposed, both in relation to England and in relation to Wales, by section 11(1)(b) of the 1981 Act. Section 48(2)(b) amends section 11(1)(b) of the 1981 Act so that it no longer applies in relation to Wales, and section 48(2)(c) inserts a new section 11(1) (be) that applies in relation to Wales. This has been done in order to enable the prohibitions that apply in relation to England to be grouped together, followed by the prohibitions that apply in relation to Wales (including those inserted by section 46).
