Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4)

Part 1 Wildlife management

Investigation of wildlife offences

11 Powers to inspect and investigate certain wildlife offences

(1) The Animal Health and Welfare (Scotland) Act 2006 is amended as follows.

(2) In section 49 (vets, inspectors and constables)—

(a) after subsection (2) insert—

“(2A) A local authority may not appoint a person as an inspector under subsection (2)(b) for the purposes of paragraph 5A of schedule 1.”,

(b) in subsection (3), for “subsection (2)(b)” substitute “subsections (2)(b) and (2A)”.

(3) In section 51 (regulations), after subsection (3) insert—

“(4) For the avoidance of doubt, in this section “this Part” includes schedule 1.”.

(4) In schedule 1 (powers of inspectors and constables for Part 2), after paragraph 5 insert—

Supplementary powers of inspectors: evidence gathering in connection with wildlife offences

5A (1) An inspector, having entered non-domestic premises in exercise of a relevant power, may search for, examine and seize any thing tending to provide evidence of the commission of, or participation in, a relevant offence.

(2) In this paragraph—

• “relevant offence” is an offence under—

  (a)

  the following provisions of the Wildlife and Countryside Act 1981—

  (i)

  section 1 (protection of wild birds etc.),

  (ii)

  section 5 (prohibition of certain methods of killing or taking wild birds),

  (iii)

  section 6 (sale etc. of wild birds),

  (iv)

  section 7 (registration of certain captive birds),

  (v)

  section 8 (protection of captive birds),

  (vi)

  section 9 (protection of certain wild animals),

  (vii)

  section 10A (protection of wild hares),

  (viii)

  section 11 (prohibition of certain methods of killing or taking wild animals),

  (ix)

  section 11G (prevention of poaching: wild hares, rabbits etc.),

  (x)

  section 11I (sale, possession, etc. of wild hares, rabbits etc.),

  (xi)

  section 12A (requirements for use of traps),

  (xii)

  section 12F (authorisation from landowners etc. to use traps),

  (xiii)

  section 15A (possession of pesticides),

  (b)

  section 1 or 2 of the Wildlife Management and Muirburn (Scotland) Act 2024,

• “thing” includes any animal (including the carcase of an animal), equipment or document.

(3) The Scottish Ministers may by regulations modify the definition of “relevant offence” in sub-paragraph (2).”.