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 (“
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.
Section 2—Offence of supplying glue trap
14.This section makes it an offence for a person to supply or offer for supply a glue trap, or to knowingly cause or permit an unauthorised person to do so. The penalty is the same as for section 1.
15.A person does not commit an offence if they are an authorised person (as defined in section 1(7)) or if they had a reasonable excuse to supply the glue trap. An example of reasonable excuse would be if a person’s workplace superior compelled them to supply the glue trap.
Section 3—Offence of possessing glue trap
16.This section makes it an offence for a person to possess a glue trap. A person does not commit an offence if they are an authorised person (as defined in section 1(7)) or if they had a reasonable excuse for possessing the glue trap. The penalty is the same as for section 1.
Section 4—Forfeiture and disposal of glue traps
17.This section enables the court to make an order for the forfeiture or disposal of a glue trap where a person is convicted of an offence under section 1, 2 or 3. Where a matter has not resulted in court proceedings, subsection (4) allows the Chief Constable of the Police Service of Scotland to apply to a sheriff or summary sheriff for an order to dispose of any glue trap seized and detained under this Part. Orders under this section allow the chief constable to dispose of a glue trap in any manner as the chief constable considers appropriate; this includes directing another person to dispose of the glue trap.
Section 5—Authorisation for use, supply or possession of glue trap
18.This section enables the Scottish Ministers to make regulations to establish a scheme to authorise the use, supply or possession of glue traps by specified persons in specified circumstances. A person can be authorised under the scheme only if it is necessary or expedient to do so for the purpose of protecting public health and no other method of rodent control is practicable.
19.The regulations may create offences with a maximum penalty of, on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both).
20.Before making regulations, the Scottish Ministers must consult local authorities and 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.
Snares
Section 6—Prohibition of use of snares
21.This section amends the 1981 Act to prohibit the use of snares. Subsection (2) prohibits the use of snares, except for snares operated by hand, for the purpose of killing or taking any animal and also prohibits using a snare to cause bodily injury to any animal that comes into contact with it. The amendments do not apply to wild birds—this is because section 5(1) of the 1981 Act already prohibits the use of snares for the purpose of killing or taking a wild bird, or using a snare to cause bodily injury to any wild bird that comes into contact with it. Snares operated by hand are still permitted for use on any animal (other than a wild bird) and by their nature would require a person to monitor and manually operate the snare.
22.“Snare” is not defined in the 1981 Act and so takes its ordinary meaning. According to the Oxford English Dictionary, “
23.Subsection (3) repeals sections 11A to 11F of the 1981 Act. Those sections contain provisions relating to the use of snares, such as training requirements and requirements for identification numbers and for record keeping.
24.Subsection (4) amends section 16 of the 1981 Act to remove the ability of the licensing authority to grant a licence to authorise the use of a snare for the purpose of killing or taking wild animals or killing wild birds. A licence under section 16(1) can still be granted for use of snares for the purpose of taking a wild bird in limited circumstances.
25.Subsections (5) to (7) make consequential amendments to the 1981 Act to remove references to snares and the snaring provisions repealed by subsection (4).
Regulation of certain wildlife traps
Existing law relating to killing and taking of wild birds and wild animals
26.Section 1(1)(a) of the 1981 Act provides that it is an offence to intentionally or recklessly kill, injure or take any wild bird(3). Section 2 of that Act provides exceptions to the offences in section 1 including killing or taking any wild bird outside the close season for that bird if you had a legal right or permission to do so. Section 5(1) prohibits certain methods of killing and taking wild birds: this includes traps.
27.In relation to wild animals(4), section 9(1) of the 1981 Act provides that it is an offence to intentionally or recklessly kill, injure or take any wild animal included in Schedule 5. Section 10 of the 1981 Act provides exceptions to the offences in section 9. Section 11(1) prohibits certain methods of killing and taking of any animal. Section 11(2) further prohibits certain methods of killing and taking certain wild animals included in schedule 6 or 6ZA. Among other things, section 11(2) makes it an offence to:
use a trap or snare for the purpose of killing or restraining any wild animals included in Schedule 6 or 6ZA, or
set in position any trap or snare of such a nature and so placed as to be likely to cause bodily injury to any such wild animal.
28.The 1981 Act provides exceptions to these offences when the killing or taking is done under the authority of a licence under section 16.
In relation to wild birds, section 16(1) exempts from section 1 and 5 anything done in accordance with a licence granted under that section. The reasons for which a licence can be granted are listed in section 16(1)(a) to (k). Licences under section 16(1) can be issued for the live trapping of wild birds if they comply with sections 16(5A) and (6). Section 16(5A) provides that a licence under section 16(1) which authorises any action in respect of a wild bird must specify the species of bird and the circumstances and the conditions to which the action may be taken. It must also specify the methods, means or arrangements authorised or required. Section 16(6) provides that a licence under (2) or (3) which authorises a person to kill wild birds or animals must specify the areas within which and the methods by which the wild birds or wild animals may be killed.
In relation to wild animals, section 16(3) of the 1981 Act exempts from sections 9, 10A, 11C, and 11G of that Act (provisions relating to the intentional killing, taking or injuring of a wild animal) when this is done in accordance with a licence granted under that section. The reasons for which a licence can be granted are listed in section 16(3)(a) to (i). This is subject to the other provisions of that section; for example subsections (3ZA) to (3ZI) make further provision in relation to animals listed in Schedule 6ZA in order to comply with Agreement on International Humane Trapping Standards (AIHTS).
29.In addition to the 1981 Act, sections 50 and 50A of the Agriculture (Scotland) Act 1948 contain further controls on the use of traps to kill or take animals. Section 50, among other things, prohibits the use of a spring trap other than an approved trap (which are provided for in the Spring Traps Approval Order 2011). Section 50A makes it an offence for the purpose of killing or taking hares or rabbits to use a spring trap elsewhere than in a rabbit hole.
Section 7—Wildlife traps
30.This section inserts sections 12A to 12G into the 1981 Act and creates a licensing regime intended to cover the use of certain traps used for the killing or taking of wild birds or wild animals. This is in addition to the licensing requirements under section 16 of that Act.
31.Section 16 of the 1981 Act enables the Scottish Ministers (or their delegate) to grant licences for certain purposes. It exempts the licence holder from certain provisions of the 1981 Act. For example, a licence granted under section 16(1) for the purpose of scientific, research or educational purposes, will protect the licence holder from liability to an offence under sections 1 (protection of wild birds, their nests and eggs), 5 (prohibition of certain methods of killing or taking wild birds), 6(3) (sale etc. of live or dead wild birds, eggs etc.), 7 (registration etc. of certain captive birds) and 8 (protection of captive birds) so long as the licence holder acts in accordance with the terms of the licence.
32.The net result of the inserted sections 12A to 12G is that if a section 16 licence holder wishes to use a trap to which new section 12A applies, they will also need a wildlife trap licence granted under new section 12C. Depending on the circumstances, a section 16 licence may not be required but a wildlife trap licence will be, for example a person can use a spring trap on a species that does not require a section 16 licence but they will require a wildlife trap licence.
33.Inserted section 12A makes it an offence for a person to use a trap to which the section applies without having a wildlife trap licence. These traps are listed in subsection (2), which is modifiable by regulations, as a trap for the live capture of birds and a trap approved under section 50 of the Agriculture (Scotland) Act 1984 for the purpose of that section. Traps approved under that section are currently listed in the Spring Traps Approval (Scotland) Order 2011 (STAO) (as amended) for use in Scotland in specific circumstances. Traps for stoats must also comply with AIHTS. Per section 50(7) of the 1984 Act, spring traps of any description specified by order as being adapted solely for the destruction of rats, mice or other similar small ground animals do not apply to that section. Under the Small Ground Vermin Traps Order 1958 there is an exemption to the requirement to use traps under the STAO for traps which are used for rats, mice and moles. Therefore, a person using such a trap is not required to have a wildlife trap licence under section 12A.
34.Inserted section 12A(4) also requires a person to display the person’s wildlife trap licence number either directly on the trap or on a tag fitted to the trap. The person is also required to use and monitor the trap in accordance with an approved training course for such a trap. These requirements will depend on the type of trap in question, for example, in order to use one of the current General Licences for the live capture of certain wild birds, Scottish Natural Heritage requires that "all traps must be checked at least once every day at intervals of no more than 24 hours".
35.Inserted section 12A(6) makes it an offence to tamper with, disarm or destroy a trap to which that section applies, without a reasonable excuse. An example of a reasonable excuse would be if a person came across an injured animal trapped in a lawfully-set trap and they disarmed or destroyed the trap to free the injured animal, then the person does not commit an offence. Inserted section 12A(7) makes it an offence for a person to knowingly cause or permit another person to commit an offence under section 12A(6). In the example above, if another person was present and allowed the trap to be destroyed by the other person in order to free the injured animal, then neither person would commit an offence as the person who did the destroying had a reasonable excuse for doing so.
36.A person who uses a trap without a wildlife trap licence commits an offence under inserted section 12A(3). A person who fails to comply with inserted section 12A(4) also commits an offence (for example, they have a wildlife trap licence but do not use the trap in the correct manner). And a person who tampers, disarms or destroys a trap without a reasonable excuse, and a person who knowingly causes or permits another person to do so, also commit an offence. Section 7(6) provides that the penalty for these offences is, on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). A judge may choose to impose a lesser sentence depending on the circumstances of the case. The standard scale for fines is set out in section 225 of the Criminal Procedure (Scotland) Act 1995. At the time of the Act’s introduction, level 5 on the standard scale was £5,000.
37.There may be instances where a person has complied with the requirements of inserted section 12A, but catch an unintended animal (for example, they lawfully set a trap to catch a weasel but unintentionally catch a badger). Inserted section 12A(8) provides a defence for this. The person must have set the trap to catch an animal that may have been lawfully killed or taken by those means, complied with the rest of the section and taken all reasonable steps to prevent another animal (other than an invertebrate) from being killed, taken or injured by the trap.
38.Inserted section 12B makes provision for the application process for a wildlife trap licence. Section 16A of the 1981 Act, as amended by this Act, allows the Scottish Ministers to delegate these functions to Scottish Natural Heritage. Among other things, when applying for a licence the person must provide any such information as the relevant authority may require, they must also provide evidence that they have completed an approved training course and pay a fee if required (and the relevant authority is required to publicise such information and fees that they require in the application process).
39.Inserted section 12C makes provision for the granting of a wildlife trap licence and the content of such a licence. Section 16A of the 1981 Act, as amended by this Act, allows these functions to be delegated to Scottish Natural Heritage. The relevant authority may grant the wildlife trap licence if the applicant has completed an approved training course in relation to the type of trap they wish to use, and if the relevant authority is satisfied that it is appropriate to grant the licence. Conditions may be attached to a wildlife trap licence, and breach of those conditions may lead to the modification, suspension or revocation of the licence. Such conditions could be specific to the type of trap being used, for example, any trap not in use must be immobilised and rendered incapable of use, or only one decoy bird may be used in the Larsen trap and it must be kept in a separate compartment. The conditions could also be more general for example, licence holders must submit an annual return of information relating to their trap use.
40.Inserted section 12D provides for the grounds for the modification, suspension and revocation of a wildlife trap licence and section 16A (as amended) allows these functions to be delegated to Scottish Natural Heritage. The relevant authority may modify a licence at any time. A person’s wildlife trap licence may be suspended or revoked if the person fails to comply with the licence conditions or if the relevant authority is satisfied that the licence holder has committed a relevant offence. Relevant offences are listed in subsection (5) and broadly cover offences relating to the use of traps to take or kill wild animals. Other wildlife offences that are not related to the use of wildlife traps, such as those in the Protection of Wild Mammals (Scotland) Act 2002, or in the Deer (Scotland) Act 1996 are not included in the list of relevant offences. The Scottish Ministers may by regulations modify the list of relevant offences (see inserted section 12G).
41.The relevant authority must also tell a person that their licence has been modified, suspended or revoked. If a person’s licence is suspended, then they are treated as not having that licence for the duration of the suspension (and therefore they may commit an offence if they continue to act as if they have a licence).
42.Inserted section 12E allows the relevant authority to approve training courses (see inserted sections 12A(4)(b) and 12C(1)(a)). The section allows the relevant authority to make provision such as determining training requirements, accrediting courses and trainers and the minimum criteria for the successful completion of courses. Section 16A of the 1981 Act (as amended) allows these functions to be delegated to Scottish Natural Heritage. However, the Scottish Ministers may, through regulations made under section 12G, make provision relating to approved training courses which Scottish Natural Heritage would need to comply with when exercising any delegated functions.
43.Inserted section 12F makes it an offence, without reasonable excuse, to possess or use a trap to which section 12A applies on land without the permission of the landowner or occupier. Section 7(6) provides that the penalty for those offences is on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). A judge may choose to impose a lesser sentence depending on the circumstances of the case. The standard scale for fines is set out in section 225 of the Criminal Procedure (Scotland) Act 1995. At the time of the Bill’s introduction, level 5 on the standard scale was £5,000.
44.Inserted section 12G gives the Scottish Ministers the powers to, by regulations subject to the affirmative procedure(5), make further provision in relation to wildlife traps to which inserted section 12A applies, how a licence number is to be displayed on a trap, the approved training courses, and the definition of “relevant offence”. The Scottish Ministers are required to, before making such regulations, consult Scottish Natural Heritage and such other persons who may be interested in or affected by wildlife trap licensing.
45.Section 7(3) amends section 16 the 1981 Act to disapply the need for the landowner or occupier’s authorisation (per inserted section 12F) so long as the person has a licence granted under section 16 of the 1981 Act for the purposes listed in paragraphs (a) to (k) (for example, for scientific, research or education purposes).
46.Section 7(4) amends section 16A of the 1981 Act to enable the Scottish Ministers to delegate their functions under inserted sections 12B (relating to wildlife trap licence applications), 12C (grant of wildlife trap licences), 12D (modifying, suspending and revoking wildlife trap licences) and 12E (relating to approved training courses) to Scottish Natural Heritage.
47.Section 7(5) amends section 17 of the 1981 Act to make it an offence to provide false statements when obtaining a wildlife trap licence. The penalty for this is, on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). A judge may choose to impose a lesser sentence depending on the circumstances of the case. The standard scale for fines is set out in section 225 of the Criminal Procedure (Scotland) Act 1995. At the time of the Act’s introduction, level 5 on the standard scale was £5,000.
48.Section 7(6) amends section 21 of the 1981 Act to prescribe penalties for sections 12A and 12F, as discussed above.
49.Section 7(7) provides for the parliamentary procedure for regulations under inserted sections 12A and 12G. These regulations are subject to the affirmative procedure.
50.Section 7(8) amends section 27 of the 1981 Act to provide for the key terms used in inserted sections 12A to 12G, namely “wildlife trap licence” and “wildlife trap licence number” to be defined for the purposes of the Part. These expressions are defined by reference to inserted section 12A(12).
Section 8—Penalties relating to use of spring traps
51.This section amends section 50 of the Agriculture (Scotland) Act 1948 to uprate the penalties for using a spring trap to—
on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
52.The amendment brings those penalties into line with other wildlife crime penalties that were increased by the Animals and Wildlife (Penalties, Powers, and Protections) Scotland Act 2020.
Licensing of land for killing and taking of certain birds
Section 9—Killing and taking of certain birds permitted only on land with section 16AA licence
53.This section creates a licensing scheme for land on which the killing and taking of certain birds is to take place. This is achieved through the amendment of the 1981 Act.
54.Under section 1 of the 1981 Act, it is an offence to (among other things) kill, injure or take any wild bird(6). Section 2 of the 1981 Act contains exceptions to this offence. At present, this allows the killing or taking of a bird (or the injuring of the bird in an attempt to kill it) if that bird is included in Part I of schedule 2 and if the killing, taking or injuring is done outside of the close season of that bird. Section 2(4) gives the periods of the year that constitutes the close season for certain types of birds. The killing or taking a wild bird includes the act of restraining it in order to kill or take it.
55.Section 9(2) amends section 2 of the 1981 Act to make it clear that no offence is committed under that section if the bird that was killed, injured or taken was also included in Part 1B of Schedule 2 and a licence under section 16AA was held in respect of the land on which the bird was killed, injured or taken. The net effect of the amendment is that the bird must be included in both Part I and 1B of schedule 2. It is a defence if the person who killed, injured or took such a bird had a reasonable belief that an unsuspended section 16AA licence was held in respect of the land. The existing penalty for an offence under section 1 applies:
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
56.With respect to the requirement to have a licence under section 16AA, no offence is committed if a bird included in Part 1B of Schedule 2 is killed or taken (or injured in an attempt to do so) outside of its close season if a bird of prey was used to kill or take the bird. However, this requires that the person who killed or took the bird had the legal right, or permission, to do so. If a person injured the Part 1B bird in an attempt to kill it using a bird of prey and had to then subsequently kill the bird (in a manner that caused minimal possible suffering), the person would not have committed an offence. The net effect of this amendment would mean that falconers would not need to have a section 16AA licence or to check that one is in place, before they kill or take a bird using falconry. It would also mean that, if they had to shoot a Part 1B bird that was injured as a result of falconry in order to end its suffering, they would not need a section 16AA licence to do so.
57.Section 9(5) inserts Part 1B into Schedule 2. This covers the birds which may be taken or killed on land with a section 16AA licence. At present, new Part 1B only includes red grouse, however section 9(3) amends section 26 of the 1981 Act to enable the Scottish Ministers to make regulations to add or remove birds from Part 1B of Schedule 2. Birds included in Part 1B must also be included in Part I.
Section 10—Licensing: land on which certain birds may be killed or taken
58.This section amends the 1981 Act to create a licensing scheme for land on which the killing or taking of grouse is to occur. Licensing under this section only applies outside of the close season of the bird(7). Within the close season, the licensing requirements under section 16 of the 1981 Act apply.(8)
59.A licence under the inserted section 16AA relates to a specified area (or areas) of land for the purposes of permitting the killing or taking of a bird included in Part IB of Schedule 2 (which is inserted by this Act and currently includes only red grouse). As such, a person who kills, injures or takes such a bird on land that does not have a section 16AA licence in relation to it commits an offence under section 1 of the 1981 Act.
60.Applications must be made to the relevant authority (the Scottish Ministers or, if delegated under section 16A(1B) of the 1981 Act (as inserted by section 10(3)), Scottish Natural Heritage), who may issue the licence if satisfied that it is appropriate to do so having regard to the applicant’s compliance with the code of practice required under inserted section 16AC. Among other things, when applying for a licence the person must provide any such information as the licensing authority may require and pay a fee if required (and the licensing authority is required to publicise such information and fees that they require in the application process).
61.The licence itself must set out the matters such as the area (or areas) of land it applies to. The licence is subject to any reasonable conditions that the relevant authority attaches to it, such as a requirement to report on activities, or if there is more than one type of bird listed in Part 1B, the requirement to kill or take only the type or types of bird to which the licence relates. The licence may be modified, suspended or revoked by the authority. Every licence must be subject to the condition that the licence holder must have regard to a code of practice made in accordance with section 16AC. The relevant authority may modify the licence at any time. Grounds for suspension or revocation include a failure to comply with conditions of the licence and where the relevant authority is satisfied that a relevant offence has been committed. Relevant offences are listed in inserted section 16AA(13) and broadly cover related wildlife offences (such as offences under Part 1 of the 1981 Act relating to the killing and taking of wild birds and wild animals). These offences have been identified as being relevant as the grouse moor management review was undertaken to examine ongoing evidence of raptor persecution on or around grouse moors. The review also discussed the practice of wider predator control undertaken on grouse moors. This list can be amended by regulations under inserted section 16AA(14). The relevant authority is required to give 14 days’ notice of a suspension or revocation, but may specify an alternate notice period in the notice. Inserted section 16AA(11) provides that if a person’s licence is suspended, then they are treated as not having that licence for the duration of the suspension (and therefore they may commit an offence if they continue to act as if they have a licence).
62.If the relevant authority decides not to grant a section 16AA licence, or decides to modify, suspend or revoke a licence, they must provide the reasons for the decision to the applicant or, as the case may be, the licence holder.
63.Inserted section 16AB enables a person to appeal to a sheriff against a decision of the relevant authority to refuse to grant a section 16AA licence, to attach a condition to such a licence and to modify, suspend or revoke such a licence. Where the person resides in Scotland, the appeal must be made to a sheriff or summary sheriff of the sheriffdom in which the person resides. In all other cases, the appeal must be made to a sheriff or summary sheriff at Edinburgh sheriff court (see inserted section 16AB(8)).
64.Inserted section 16AC provides that the Scottish Ministers must prepare a code of practice relating to managing land to which a section 16AA licence relates. Inserted section 16AC(2) sets out the particular types of guidance that may be included in the code of practice. The code must be reviewed within 5 years and thereafter every 5 years after that and revisions can be made on the back of such a review. Inserted section 16AD allows for the functions of the Scottish Ministers in relation to the code to be delegated to Scottish Natural Heritage.
65.Inserted section 16AE requires the Scottish Ministers to prepare a report on the operation and effect of section 16AA licences and must include an assessment of the conservation status of the bird species specified in subsection (2). The report must be laid before the Scottish Parliament. A report must be prepared and laid for each reporting period (see subsection (6)). Inserted section 16AF allows the Scottish Ministers’ reporting functions under section 16AE to be delegated to Scottish Natural Heritage.
66.Section 10(3) amends section 16A of the 1981 Act to allow the Scottish Ministers to delegate, by written direction, their functions under section 16AA (other than the regulation-making power) to Scottish Natural Heritage.
67.Section 10(4) makes it an offence under the 1981 Act to make a false statement to obtain a section 16AA licence. The offence is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). A judge may choose to impose a lesser sentence depending on the circumstances of the case. The standard scale for fines is set out in section 225 of the Criminal Procedure (Scotland) Act 1995. At the time of the Bill’s introduction, level 5 on the standard scale was £5,000.
68.Section 10(5) provides that regulations under section 16AA(14) are subject to the affirmative procedure.
Investigation of wildlife offences
Section 11—Powers to inspect and investigate certain wildlife offences
69.The Animal Health and Welfare (Scotland) Act 2006 (“
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”).
See section 21 of the Wildlife and Country Act 1981 c. 69 for penalties relating to sections 5(1)(a) and 11.
Section 27 of the 1981 Act defines “wild bird” as any bird of a species which is ordinarily resident in or is a visitor to the United Kingdom or any member State or the European territory of any member State in a wild state but does not include poultry.
Section 27 of the 1981 Act defines “wild animal” as any animal (other than a bird) which is or (before it was killed or taken) was living wild.
The affirmative procedure is defined by section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010.Back [4]
Section 27 of the 1981 Act defines “wild bird” as any bird of a species which is ordinarily resident in or is a visitor to the United Kingdom or any member State or the European territory of any member State in a wild state but does not include poultry.
“Close season” is defined in section 2(4) of the 1981 Act.
See paragraph 28 above.
