Wildlife Management and Muirburn (Scotland) Act 2024

Wildlife Management and Muirburn (Scotland) Act 2024

2024 asp 4

The Act

Part 1—Wildlife Management

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 (“the 1981 Act”) relating to the taking or killing of certain wild birds and wild animals via certain methods(2), being—

• 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.

2

See section 21 of the Wildlife and Country Act 1981 c. 69 for penalties relating to sections 5(1)(a) and 11.