Wildlife Management and Muirburn (Scotland) Act 2024

Prospective

Snares S

6 Prohibition of use of snares S

(1) The Wildlife and Countryside Act 1981 is amended as follows.

(2) In section 11 (prohibition of certain methods of killing or taking wild animals)—

(a) for subsection (1)(a) and (aa) substitute—

“(ab) sets in position or otherwise uses a snare for the purpose of killing any animal other than a wild bird,

(ac) sets in position or otherwise uses a snare, other than a snare that is operated by hand, for the purpose of taking any animal other than a wild bird,

(ad) uses a snare which is of a nature or is placed (or both) so as to be likely to cause bodily injury to any animal (other than a wild bird) coming into contact with it,”,

(b) subsection (1A) is repealed,

(c) in subsection (2)—

(i) in paragraph (a), the words “or snare” are repealed,

(ii) after paragraph (a), insert—

“(aa) uses a snare for the purpose of killing any wild animal included in Schedule 6 or 6ZA,

(ab) uses a snare, other than a snare that is operated by hand, for the purpose of taking or restraining any wild animal included in Schedule 6 or 6ZA,”,

(d) in subsection (3C), in the closing words, for “an order under subsection (1)(a)” substitute “regulations under subsection (3CA)”,

(e) after subsection (3C), insert—

“(3CA) The Scottish Ministers may by regulations specify types of snare for the purpose of subsection (3C).”.

(3) Sections 11A to 11F are repealed.

(4) In section 16 (power to grant licences)—

(a) in subsection (1A)—

(i) the word “and” immediately following paragraph (a) is repealed,

(ii) after paragraph (b) insert—

“(c) must not grant a licence for any purpose mentioned in subsection (1) that permits the use of a snare to kill a wild bird, and

(d) must not grant a licence for any purpose mentioned in subsection (1)(cb) to (k) that permits the use of a snare to take a wild bird.”,

(b) in subsection (3), in the opening words, the word “, 11C” is repealed,

(c) after subsection (3) insert—

“(3ZZA) The appropriate authority must not grant a licence for any purpose mentioned in subsection (3) that permits the use of a snare.”,

(d) in subsection (3ZA), in the opening words, in both places they occur, the words “or snare” are repealed,

(e) in subsection (3ZB)—

(i) in paragraph (a), the words “or snare” are repealed,

(ii) in paragraph (b), the words “or snare” are repealed,

(iii) in paragraph (c), the words “or snare” are repealed,

(f) in subsection (3ZC), in both places they occur, the words “or snare” are repealed,

(g) in subsection (3ZD), in both places they occur, the words “or snare” are repealed,

(h) in subsection (3ZE), in paragraph (a), the words “and snares” are repealed,

(i) in subsection (3ZG), in the opening words, the words “or snare” are repealed,

(j) in subsection (3ZH), in paragraph (a), the words “or snare” are repealed,

(k) in subsection (3ZI)—

(i) in paragraph (a), the words “or snares” are repealed,

(ii) in paragraph (b), the words “or snares” are repealed,

(iii) in paragraph (c), the words “or snares” are repealed.

(5) In section 17—

(a) in the opening words, the words “, an identification number under section 11A(4)” are repealed,

(b) the title of the section becomes “False statements made for obtaining registration or licence etc.”.

(6) In section 21 (penalties)—

(a) in subsection (1A), paragraphs (e) to (g) are repealed,

(b) in subsection (1C), paragraph (e) is repealed.

(7) In section 26 (regulations, orders, notices etc.)—

(a) in subsection (2), at the end of paragraph (e) (as inserted by section 7(5)(a) of this Act) insert “; and

(f) regulations under section 11(3CA),”,

(b) in subsection (3), at the end of paragraph (e) (as inserted by section 7(5)(b) of this Act) insert “; or

(f) regulations under section 11(3CA),”.

Commencement Information

I1 S. 6 not in force at Royal Assent, see s. 35(2)