Glue traps
Section 1—Offence of using glue trap
8.This section creates the offence of using a glue trap for the purpose of killing or taking (which includes restraining) any animal, or setting a glue trap in a manner that is likely to cause injury to any animal that comes into contact with it unless authorised to do so (see section 5 for details of the authorisation scheme). It is also an offence for a person to knowingly cause or permit an unauthorised person to commit these above offences. The offences do not apply to invertebrates (such as insects).
9.Glue trap is defined in subsection (7) to mean a trap that is designed or capable of catching any animal (excluding invertebrates) involving the use of an adhesive substance. This definition includes home-made glue traps and therefore all offences relating to glue traps would apply to home-made glue traps.
10.A person does not commit an offence if they are an authorised person. “Authorised person” is defined in subsection (7) as being a person authorised by the scheme made under section 5 and acting in accordance with that authorisation.
11.The offences do not apply if the person has a reasonable excuse for using or setting a glue trap. For example, it is not the intention to criminalise circumstances where a person is compelled to use a glue trap by a workplace superior.
12.The penalty for committing an offence under this section is the same as those in the Wildlife and Countryside Act 1981 (“
on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), or
on conviction on indictment, imprisonment for a term not exceeding 5 years or a fine (or both).
13.Subsection (6) amends the 1981 Act to remove glue traps from the operation of sections 5 and 11 of that Act. This means that all offences relating to the use of glue traps are in this Act.
Section 2—Offence of supplying glue trap
14.This section makes it an offence for a person to supply or offer for supply a glue trap, or to knowingly cause or permit an unauthorised person to do so. The penalty is the same as for section 1.
15.A person does not commit an offence if they are an authorised person (as defined in section 1(7)) or if they had a reasonable excuse to supply the glue trap. An example of reasonable excuse would be if a person’s workplace superior compelled them to supply the glue trap.
Section 3—Offence of possessing glue trap
16.This section makes it an offence for a person to possess a glue trap. A person does not commit an offence if they are an authorised person (as defined in section 1(7)) or if they had a reasonable excuse for possessing the glue trap. The penalty is the same as for section 1.
Section 4—Forfeiture and disposal of glue traps
17.This section enables the court to make an order for the forfeiture or disposal of a glue trap where a person is convicted of an offence under section 1, 2 or 3. Where a matter has not resulted in court proceedings, subsection (4) allows the Chief Constable of the Police Service of Scotland to apply to a sheriff or summary sheriff for an order to dispose of any glue trap seized and detained under this Part. Orders under this section allow the chief constable to dispose of a glue trap in any manner as the chief constable considers appropriate; this includes directing another person to dispose of the glue trap.
Section 5—Authorisation for use, supply or possession of glue trap
18.This section enables the Scottish Ministers to make regulations to establish a scheme to authorise the use, supply or possession of glue traps by specified persons in specified circumstances. A person can be authorised under the scheme only if it is necessary or expedient to do so for the purpose of protecting public health and no other method of rodent control is practicable.
19.The regulations may create offences with a maximum penalty of, on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both).
20.Before making regulations, the Scottish Ministers must consult local authorities and such other persons as they consider likely to be interested in, or affected, by the authorisation of the use, supply or possession of glue traps.
See section 21 of the Wildlife and Country Act 1981 c. 69 for penalties relating to sections 5(1)(a) and 11.
