Wildlife Management and Muirburn (Scotland) Act 2024

Prospective

Glue traps S

1 Offence of using glue trap S

(1) It is an offence for a person, without reasonable excuse, to use a glue trap for the purpose of killing or taking any animal other than an invertebrate.

(2) It is an offence for a person, without reasonable excuse, to use a glue trap in a manner that is likely to cause bodily injury to any animal other than an invertebrate that comes into contact with it.

(3) It is an offence for a person to knowingly cause or permit an unauthorised person to commit an offence under subsection (1) or (2).

(4) A person does not commit an offence under subsection (1) or (2) if the person is an authorised person.

(5) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding £40,000 (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).

(6) The Wildlife and Countryside Act 1981 is amended as follows—

(a) in section 5 (prohibition of certain methods of killing or taking wild birds), in subsection (1)(a), after “trap” insert “(other than a glue trap within the meaning of section 1 of the Wildlife Management and Muirburn (Scotland) Act 2024)”,

(b) in section 11 (prohibition of certain methods of killing or taking wild animals), after subsection (2) insert—

“(2A) In subsection (2), “trap” does not include a glue trap within the meaning of section 1 of the Wildlife Management and Muirburn (Scotland) Act 2024.”.

(7) In this section—

• “authorised person” means a person—

  (a)

  authorised by the scheme made under section 5, and

  (b)

  acting in accordance with the person’s authorisation,

  and references to the authorisation of a person are to be construed accordingly,

• “glue trap” means a trap that—

  (a)

  is designed, or is capable of being used, to catch an animal other than an invertebrate, and

  (b)

  uses an adhesive substance as the means, or one of the means, of capture.

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 35(2)

2 Offence of supplying glue trap S

(1) It is an offence for a person, without reasonable excuse, to supply, or offer to supply, a glue trap.

(2) It is an offence for a person to knowingly cause or permit an unauthorised person to commit an offence under subsection (1).

(3) A person does not commit an offence under subsection (1) if the person is an authorised person.

(4) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding £40,000 (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).

(5) In this section—

• “authorised person” has the meaning given in section 1(7),

• “glue trap” has the meaning given in section 1(7),

• “supply” of a glue trap includes—

  (a)

  selling it,

  (b)

  exchanging it for a consideration other than money,

  (c)

  giving it as a prize or otherwise making a gift of it,

  (d)

  otherwise making the glue trap available.

Commencement Information

I2 S. 2 not in force at Royal Assent, see s. 35(2)

3 Offence of possessing glue trap S

(1) It is an offence for a person, without reasonable excuse, to possess a glue trap.

(2) A person does not commit an offence under subsection (1) if the person is an authorised person.

(3) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding £40,000 (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).

(4) In this section—

• “authorised person” has the meaning given in section 1(7),

• “glue trap” has the meaning given in section 1(7).

Commencement Information

I3 S. 3 not in force at Royal Assent, see s. 35(2)

4 Forfeiture and disposal of glue traps S

(1) Where a person is convicted of an offence under section 1, 2 or 3, the court may make an order for the forfeiture or disposal of a glue trap—

(a) to which the offence relates, or

(b) that is in the possession of the person.

(2) A constable may seize and retain a glue trap which may be the subject of an order for forfeiture under this section.

(3) Where a court orders the disposal of a glue trap seized and retained under this Act by a constable, the glue trap may be disposed of in such manner as the chief constable considers appropriate.

(4) A sheriff or summary sheriff may, on an application of the chief constable, order the disposal (by any means the chief constable considers appropriate) of any glue trap seized and detained under section 1, 2 or 3.

(5) In this section—

• “chief constable” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012,

• “constable” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012,

• “glue trap” has the meaning given in section 1(7).

Commencement Information

I4 S. 4 not in force at Royal Assent, see s. 35(2)

5 Authorisation for use, supply or possession of glue trap S

(1) The Scottish Ministers may, by regulations, make a scheme for the authorisation of the use, supply or possession of glue traps (“the scheme”)—

(a) by specified persons,

(b) in specified circumstances.

(2) Regulations under subsection (1) must provide that a person may only be authorised under the scheme to use, supply or possess a glue trap if—

(a) it is necessary or expedient to do so for the purpose of protecting public health, and

(b) no other method of rodent control is practicable.

(3) Regulations under subsection (1) may in particular—

(a) make provision about the application for authorisation under the scheme, including the payment of such reasonable fee as the Scottish Ministers may require in connection with an application,

(b) make provision for the form and content of an application, including the information that must be provided,

(c) make provision relating to the grant of an authorisation, including the criteria for granting an authorisation,

(d) specify the maximum period for which an authorisation may be granted,

(e) enable conditions to be attached to authorisations,

(f) create an offence in connection with the provision of false statements for the purposes of obtaining an authorisation,

(g) make provision relating to the modification, suspension and revocation of an authorisation,

(h) provide for an appeal to be made against a decision to refuse to grant authorisation, or to modify, suspend or revoke an authorisation,

(i) require an applicant to complete a training course,

(j) make provision relating to training courses, including—

(i) determining training requirements, such as—

(A) the form and content of the training course,

(B) requiring a person providing training to meet specified criteria (such as having relevant experience or holding a particular qualification),

(ii) accrediting courses and the persons providing courses,

(iii) determining the minimum criteria for successful completion and how successful completion is to be recorded,

(k) enable the Scottish Ministers to delegate their functions under the scheme to local authorities.

(4) The maximum penalty that may be provided for in regulations under subsection (1) creating an offence is, on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both).

(5) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) local authorities, and

(b) 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.

(6) Regulations under subsection (1) are subject to the affirmative procedure.

(7) In this section—

• “glue trap” has the meaning given in section 1(7),

• “specified” means specified in regulations made under subsection (1),

• “supply” has the meaning given in section 2(5).

Commencement Information

I5 S. 5 not in force at Royal Assent, see s. 35(2)