Wildlife Management and Muirburn (Scotland) Act 2024 Explanatory Notes

Wildlife Management and Muirburn (Scotland) Act 2024

2024 asp 4

The Act

Part 1—Wildlife Management

Investigation of wildlife offences

Section 11—Powers to inspect and investigate certain wildlife offences

69. The Animal Health and Welfare (Scotland) Act 2006 (“the 2006 Act”) contains powers for inspectors appointed under section 49(2)(a) of that Act. Such powers relate to the investigation of animal welfare offences (with which that Act is principally concerned). This section amends the 2006 Act to enable such appointed inspectors to search for, examine and seize evidence of a relevant offence, but only when they are already exercising their other powers under the 2006 Act. For example, if an inspector is investigating an animal welfare concern, for example a report of a domestic or wild animal caught in an illegally set trap or snare, on a property then they may also search the property for any other illegally set traps or snares.

70. The relevant offences are defined in that paragraph and are specific under Part 1 of the 1981 Act, which generally relate to the killing and taking or wild birds and wild animals. The Scottish Ministers may amend the definition of “relevant offence” through regulations. Those regulations will be subject to the affirmative procedure (defined by section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010) (“the ILRA 2010”).