The Spring Traps Approval (Scotland) Order 2011

Scottish Statutory Instruments

2011 No. 393

Wildlife

The Spring Traps Approval (Scotland) Order 2011

Made

8th November 2011

Laid before the Scottish Parliament

10th November 2011

Coming into force

24th November 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 50(3) and 85(3) of the Agriculture (Scotland) Act 1948(1) and all other powers enabling them to do so.

Citation and commencement S

1.  This Order may be cited as the Spring Traps Approval (Scotland) Order 2011 and comes into force on 24th November 2011.

Commencement Information

I1 Art. 1 in force at 24.11.2011, see art. 1

Approval of spring traps S

2.—(1) The following spring traps are approved for the purposes of section 50 of the Agriculture (Scotland) Act 1948—

(a) any spring trap of a type and make specified in column (1) of the Schedule; and

(b) any trap which corresponds to a trap so specified in construction, in materials, in impact force or momentum, and in all other respects which are relevant to its effect or manner of operation as a trap (an “equivalent trap”).

(2) The approvals given by paragraph (1) are subject to the conditions specified in the corresponding entry in column (2) of the Schedule as to the animals for which, and the circumstances in which, the spring trap (or equivalent trap) may be used.

Commencement Information

I2 Art. 2 in force at 24.11.2011, see art. 1

Revocation S

3.  The Spring Traps Approval (Scotland) Order 1996(2) is revoked.

Commencement Information

I3 Art. 3 in force at 24.11.2011, see art. 1

STEWART STEVENSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th November 2011

Article 2

SCHEDULE S

Commencement Information

I4 Sch. in force at 24.11.2011, see art. 1

In this Schedule, “under the authority of” means under licence, following assignation, or otherwise with the permission or agreement of the named body or person (or any body or person acquiring right from the named body or person).

Column (1)	Column (2)
Type and make of trap	Conditions
(1) Under section 50A(1) of the Agriculture (Scotland) Act 1948 (open trapping of hares and rabbits) a person is guilty of an offence if, for the purpose of killing or taking rabbits, they use, or knowingly permit the use of, a spring trap elsewhere than in a rabbit hole.
[F1 A 1. Aurotrap manufactured by or under the authority of AUROCON Automated Rodent Control, Industrivej 35, 9600 Aars, Denmark.	The trap is to be used only for the purpose of killing or taking rats.
	The trap must be set with an entrance extension or cover such as the manufacturer’s ‘crowlids’, or be used in a tunnel, in such a way that minimises the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of the target species.]
1. BMI Magnum 55 manufactured by or under the authority of Butera Manufacturing Industries, 1068 E 134th Street, Cleveland, Ohio, 44110-2248, USA.	The trap is to be used only for the purpose of killing or taking rats [F2 , grey squirrels] and mice.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
2. BMI Magnum 110 manufactured by or under the authority of Butera Manufacturing Industries, 1068 E 134th Street, Cleveland, Ohio, 44110-2248, USA.	The trap is to be used only for the purpose of killing or taking grey squirrels, F3 ... weasels, F4 ... rats and mice.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
3. BMI Magnum 116 manufactured by or under the authority of Butera Manufacturing Industries, 1068 E 134th Street, Cleveland, Ohio, 44110-2248, USA.	The trap is to be used only for the purpose of killing or taking grey squirrels, mink, rabbits(1), F5 ... weasels, F4 ... rats and mice.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
4. DOC 150 manufactured under the authority of the Department of Conservation, Wellington, New Zealand.	[F6 The trap is to be used only for the purpose of killing or taking grey squirrels, rats, stoats and weasels. Where used in a closed-end tunnel configuration, the trap may be used only for the purposes of killing or taking grey squirrels, rats, stoats and weasels. Where used in a run-through configuration, the trap may be used only for the purpose of killing or taking rats, stoats and weasels, the trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species. The tunnel may be closed-end or a run-through configuration. [F7 The tunnel must include an internal baffle arrangement that conforms to the type described in the Department of Conservation’s design specifications as set out in the Predator Trap Instructions UK and published on SASA’s website on 10th February 2021]. The trap must be positioned in relation to the baffle or baffles and to the side of the tunnel so that it conforms with those specifications.]
5. DOC 200 and DOC 250 manufactured under the authority of the Department of Conservation, Wellington, New Zealand.	[F8 The traps are to be used only for the purpose of killing or taking grey squirrels, mink, rats, stoats and weasels. Where used in a closed-end tunnel configuration, the trap may only be used for the purpose of killing or taking grey squirrels, mink, rats, stoats and weasels. Where used in a run-through configuration, the trap may be used only for the purpose of killing or taking rats, stoats and weasels. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species. The tunnel may be closed - end or a run-through configuration. [F7 The tunnel must include an internal baffle arrangement that conforms to the type described in the Department of Conservation’s design specifications as set out in the Predator Trap Instructions UK and published on SASA’s website on 10th February 2021]. The trap must be positioned in relation to the baffle or baffles and to the side of the tunnel so that it conforms with those specifications.]
[F9 5a. Duke 116 manufactured by or under the authority of Duke Company, 508 E. Brame Avenue, West Point, MS 39773, USA.	The trap is to be used only for the purpose of killing or taking grey squirrels.
	The trap must be set in a natural or artificial tunnel or enclosure which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.]
6. Fenn F10 ... Vermin Trap Mark IV (Heavy Duty) manufactured by or under the authority of Mr A. A. Fenn of FHT Works, High Street, Astwood Bank, Redditch, Worcestershire B96 6AR and specified in British Patent Specification No 763,891 and as illustrated in figures 1 to 3 of that specification.	The [F11 trap is] to be used only for the purpose of killing or taking grey squirrels, F12 ... weasels, F4 ... rats and mice.
	The traps must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
7. Fenn Vermin Trap Mark VI (Dual Purpose) manufactured by or under the authority of Mr A. A. Fenn of FHT Works, High Street, Astwood Bank, Redditch, Worcestershire B96 6AR and specified in British Patent Specification No 763,891.	The trap is to be used only for the purpose of killing or taking grey squirrels, mink, rabbits(1), F13 ... weasels, F4 ... rats and mice.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
8. Fenn Rabbit Trap Mark I manufactured by or under the authority of Mr A. A. Fenn of FHT Works, High Street, Astwood Bank, Redditch, Worcestershire B96 6AR.	The trap is to be used only for the purpose of killing or taking rabbits(1).
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
9. Fuller Trap manufactured by or under the authority of Fuller Industries, Three Trees, Loxwood Road, Bucks Green, Rudgwick, Sussex.	The trap is to be used only for the purpose of killing or taking grey squirrels.
	The trap must be set within the housing provided by the manufacturer as part of the trap and used in such a way that minimises the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
[F14 9a. Goodnature A18 Grey Squirrel Trap manufactured by or under the authority of Goodnature Limited, 8 Horner Street, Newtown, Wellington, 6021, New Zealand.	The trap is to be used only for the purpose of killing or taking grey squirrels and rats.
	The trap must be (a) set in a natural or artificial tunnel or enclosure which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species or (b) set at a minimum height of 30cm off the ground and entered by an artificial tunnel attached to the trap and that protrudes for a distance of no less than 70mm from the trap entrance, which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
9b. Goodnature A18 Mink Trap manufactured by or under the authority of Goodnature Limited, 8 Horner Street, Newtown, Wellington, 6021, New Zealand..	The trap is to be used only for the purpose of killing or taking mink.
	The trap must be (a) set in a natural or artificial tunnel or enclosure which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species or (b) set at a minimum height of 30cm off the ground and entered by an artificial tunnel attached to the trap and that protrudes for a distance of no less than 70mm from the trap entrance, which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
9c. Goodnature A24 Pro manufactured by or under the authority of Goodnature Limited, 8 Horner Street, Newtown, Wellington, 6021, New Zealand.	The trap is to be used only for the purpose of killing or taking of rats and mice.
	The trap must be (a) set in a natural or artificial tunnel or enclosure which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species (b) or set at a minimum height of 30cm off the ground and entered by an artificial tunnel attached to the trap and that protrudes for a distance of no less than 70mm from the trap entrance, which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
9d. Goodnature A24 rat and stoat Trap manufactured by or under the authority of Goodnature Limited, 8 Horner Street, Newtown, Wellington, 6021, New Zealand.	The trap is to be used only for the purpose of killing stoats, rats, weasels [F15 , edible dormice (Glis glis)] and mice.
	The trap must be (a) set in a natural or artificial tunnel or enclosure which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species or (b) set at a minimum height of 30cm off the ground and entered by an artificial tunnel attached to the trap and that protrudes for a distance of no less than 70mm from the trap entrance, which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.]
F16 . . .	F16 . . .
F17 . . .	F17 . . .
12. Kania Trap 2000 manufactured by or under the authority of Kania Industries Incorporated, C-2345 Delinea Place, Nanaimo, British Columbia, Canada V9T 5L9.	The trap is to be used only for the purpose of killing or taking grey squirrels, mink, F18 ... weasels, edible dormice (Glis glis), rats and mice.
	The trap must be set within the housing provided by the manufacturer as part of the trap [F19 entered via an artificial or natural tunnel suitable for minimising] the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
13. Kania Trap 2500 manufactured by or under the authority of Kania Industries Incorporated, C-2345 Delinea Place, Nanaimo, British Columbia, Canada V9T 5L9.	The trap is to be used only for the purpose of killing or taking grey squirrels, mink, rabbits(1), F20 ... weasels, edible dormice (Glis glis), rats and mice.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
[F21 13a. KORO Large Rodent Double Coil Spring Snap Trap manufactured by or under the authority of Koro Traps, Box 5 Grp.22 RR2, Dugald, Manitoba, R0E 0K0, Canada.	The trap is to be used only for the purpose of killing or taking grey squirrels and rats.
	The trap must be so positioned that animals can only enter it from the front (the front is the side from which the letters KORO can be read face-on and the correct way up) and must be set within an artificial closed-end tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
13b. KORO Rodent Snap Trap manufactured by or under the authority of Koro Traps, Box 5 Grp.22 RR2, Dugald, Manitoba, R0E 0K0, Canada.	The trap is to be used only be used for the purposes of killing and taking rats and weasels.
	The trap must be so positioned that animals can only enter it from the front (the front is the side from which the letters KORO can be read face-on and the correct way up) and must be set within an artificial closed-end tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.]
F22 . . .	F22 . . .
15. Nooski manufactured by or under the authority of Nooski Trap Systems, 50 White Street, Rotorua, New Zealand.	The trap is to be used only for the purpose of killing or taking rats.
	The trap must be set within the housing and fitted with the artificial tunnel supplied by the manufacturer as part of the trap, and used in such a way that minimises the chances of killing or injuring non-target species whilst not compromising the killing or taking of target species.
16. Nooski mouse trap manufactured by or under the authority of Nooski Trap Systems, 50 White Street, Rotorua, New Zealand.	The trap is to be used only for the purpose of killing or taking mice.
	The trap must be set within the housing and fitted with the artificial tunnel supplied by the manufacturer as part of the trap, and used in such a way that minimises the chances of killing or injuring non-target species whilst not compromising the killing or taking of target species.
[F23 16za. Perdix Spring Trap manufactured by or under the authority of [F24 Perdix Wildlife Solutions Limited], Unit 1 Hatton Rock Business Park, Hatton Rock, Stratford-upon-Avon, Warwickshire, CV37 0BX.	The trap is to be used only for the purpose of killing or taking stoats, grey squirrels, weasels and rats.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.]
[F25 16a. Procull Trap manufactured by or under the authority of Elgeeco, 108 Downlands Way, South Wonston, Winchester, Hampshire, SO21 3HS, UK.	The trap is to be used only be used for the purpose of killing or taking grey squirrels.
	The trap must be set in the tunnel provided by the manufacturer as part of the trap and used in such a way that minimises the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of the target species.]
[F26 16aa. Quill Trap manufactured by or under the authority of Quill Productions, Manor Farm, Pulham, Dorchester, Dorset, DT2 7EE.	The trap is to be used only for the purpose of killing or taking stoats, weasels and rats.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
	The tunnel may be closed-end or a run-through configuration. The tunnel must include an internal baffle arrangement that conforms to the type described in the Quill Productions design specifications as set out in their trap use instructions published on SASA’s website. The trap must be positioned in relation to the baffle or baffles and to the side of the tunnel so that it conforms with those specifications.]
F27 . . .	F27 . . .
18. Skinns Superior Squirrel Trap manufactured by or under the authority of E. Skinns Limited, Witham Road, Woodhall Spa, Lincolnshire, LN10 6QX.	The trap is to be used only for the purpose of killing or taking grey squirrels.
	The trap must be set within the housing provided by the manufacturer as part of the trap and used in such a way that minimises the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
[F28 18a. Smart Catch manufactured by or under the authority of Anticimex Innovation Centre A/S, Skovgaardsvej 23E, DK-3200 Helsinge, Denmark.	The trap is to be used only for the purpose of killing or taking rats and mice.
18b. Smart Catch Mini manufactured by or under the authority of Anticimex Innovation Centre A/S, Skovgaardsvej 23E, DK-3200, Helsinge, Denmark.	This trap is to be used only for the purpose of killing or taking rats.
18c. Smart Pipe Long Life 110 (article number 141110), Smart Pipe Long Life 160 (article number 141160), Smart Pipe Long Life 200 (article number 141200), Smart Pipe Long Life 250 (article number 141250), Smart Pipe Long Life 250 (article number 141250), Smart Pipe Long Life 300 (article number 141300), manufactured by or under the authority of Anticimex Innovation Centre A/S, Skovgaardsvej 23E, DK-3200, Helsinge, Denmark.	These traps is to be used only for the purpose of killing or taking rats.
	These traps must be set in a sewer, drainpipe, or similar structure.]
19. Solway Spring Trap Mk 4 manufactured by or under the authority of Solway Feeders Limited, Main Street, Dundrennan, Kirkcudbright, DG6 6QH.	The trap is to be used only for the purpose of killing or taking grey squirrels, F29 ... weasels, F4 ... rats and mice.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
20. Solway Spring Trap Mk 6 manufactured by or under the authority of Solway Feeders Limited, Main Street, Dundrennan, Kirkcudbright, DG6 6QH.	The trap is to be used only for the purpose of killing or taking grey squirrels, mink, rabbits(1), F30 ... weasels, F4 ... rats and mice.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
21. Springer No 4 Multi-purpose (Heavy Duty) manufactured by or under the authority of A.B. Country Products Limited, Unit 2, The Green Works, Hoopers Lane, Astwood Bank, Redditch, Worcestershire B96 6AP and specified in British Patent Specification No 763,891 and as illustrated in figures 1 to 3 of that specification.	The trap is to be used only for the purpose of killing or taking grey squirrels, F31 ... weasels, F4 ... rats and mice.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
22. Springer No 6 Multi-purpose manufactured by or under the authority of A.B. Country Products Limited, Unit 2, The Green Works, Hoopers Lane, Astwood Bank, Redditch, Worcestershire B96 6AP and specified in British Patent Specification No 763,891.	The trap is to be used only for the purpose of killing or taking grey squirrels, mink, rabbits(1), F32 ... weasels, F4 ... rats and mice.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
[F33 22a. Tully Trap manufactured by or under the authority of KM Pressings Ltd, 37B Copenhagen Road, Sutton Fields Industrial Estate, Hull, East Yorkshire, HU7 0XQ, UK.	The trap is to be used only for the purpose of killing or taking stoats, weasels and rats.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.]
[F34 22b. Tully Trap fitted with baffles for grey squirrels manufactured by or under the authority of KM Pressings Ltd, 37B Copenhagen Road, Sutton Fields Industrial Estate, Hull, East Yorkshire, HU7 0XQ, UK.	The trap is to be used only for the purpose of killing or taking grey squirrels, stoats, weasels and rats.
	The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
	The trap must be fitted with baffles for grey squirrels supplied by the manufacturer or constructed to the manufacturer’s specifications as set out in the ‘Tully Trap Grey Squirrel Baffle Instructions’ produced by the manufacturer and published on SASA’s website on 10th February 2021. The trap must be positioned in relation to the baffle or baffles so that it conforms with those specifications.]
23. VS Squirrel Trap manufactured by or under the authority of Pescon Services, 394 York Road, Stevenage, Herts, SG1 4EN.	The trap must be used only for the purpose of killing or taking grey squirrels.
	The trap must be set in the artificial tunnel provided by the manufacturer as part of the trap, and used in such a way that minimises the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species.
F35 . . .	F35 . . .
25. WCS Tube Trap International manufactured by or under the authority of Wildlife Control Supplies, LLC, P.O. Box 538, East Granby, CT 06026, USA.	The trap is to be used only for the purpose of killing or taking grey squirrels, mink, F36 ... weasels, F4 ... and rats.
	The trap must be set in the tunnel provided by the manufacturer as part of the trap for use in the United Kingdom and used in such a way that minimises the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of the target species.
F37 . . .	F37 . . .

Textual Amendments

F1 Words in sch. inserted (1.1.2024) by The Spring Traps Approval (Scotland) Amendment Order 2023 (S.S.I. 2023/340), arts. 1, 2(a)

F2 Words in sch. inserted (3.1.2019) by The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 3(1)

F3 Word in sch. omitted (1.4.2020) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(3), 6(a)

F4 Words in sch. omitted (1.1.2024) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2023 (S.S.I. 2023/340), arts. 1, 2(b)

F5 Word in sch. omitted (1.4.2020) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(3), 6(b)

F6 Words in sch. substituted (3.1.2019) by The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 3(2)

F7 Words in sch. substituted (10.2.2021) by The Spring Traps Approval (Scotland) Amendment Order 2020 (S.S.I. 2020/417), arts. 1(2), 2(2)

F8 Words in sch. substituted (3.1.2019) by The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 3(3)

F9 Words in sch. inserted (3.1.2019) by The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 4(1)

F10 Words in sch. omitted (3.1.2019) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 3(4)(a)

F11 Words in sch. substituted (3.1.2019) by The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 3(4)(b)

F12 Word in sch. omitted (1.4.2020) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(3), 6(c)

F13 Word in sch. omitted (1.4.2020) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(3), 6(d)

F14 Words in sch. inserted (3.1.2019) by The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 4(2)

F15 Words in sch. inserted (10.2.2021) by The Spring Traps Approval (Scotland) Amendment Order 2020 (S.S.I. 2020/417), arts. 1(2), 2(3)

F16 Words in sch. omitted (3.1.2019) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 5(a)

F17 Words in sch. omitted (3.1.2019) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 5(b)

F18 Word in sch. omitted (1.4.2020) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(3), 6(e)

F19 Words in sch. substituted (3.1.2019) by The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 3(5)

F20 Word in sch. omitted (1.4.2020) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(3), 6(f)

F21 Words in sch. inserted (3.1.2019) by The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 4(3)

F22 Words in sch. omitted (3.1.2019) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 5(c)

F23 Words in sch. inserted (10.2.2021) by The Spring Traps Approval (Scotland) Amendment Order 2020 (S.S.I. 2020/417), arts. 1(2), 2(4)

F24 Words in sch. substituted (1.1.2024) by The Spring Traps Approval (Scotland) Amendment Order 2023 (S.S.I. 2023/340), arts. 1, 2(c)

F25 Words in sch. inserted (3.1.2019) by The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 4(4)

F26 Words in sch. inserted (1.1.2024) by The Spring Traps Approval (Scotland) Amendment Order 2023 (S.S.I. 2023/340), arts. 1, 2(d)

F27 Words in sch. omitted (3.1.2019) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 5(d)

F28 Words in sch. inserted (1.1.2024) by The Spring Traps Approval (Scotland) Amendment Order 2023 (S.S.I. 2023/340), arts. 1, 2(e)

F29 Word in sch. omitted (1.4.2020) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(3), 6(g)

F30 Word in sch. omitted (1.4.2020) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(3), 6(h)

F31 Word in sch. omitted (1.4.2020) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(3), 6(i)

F32 Word in sch. omitted (1.4.2020) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(3), 6(j)

F33 Words in sch. inserted (3.1.2019) by The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(2), 4(5)

F34 Words in sch. inserted (10.2.2021) by The Spring Traps Approval (Scotland) Amendment Order 2020 (S.S.I. 2020/417), arts. 1(2), 2(5)

F35 Words in sch. omitted (25.11.2024) by virtue of The Wildlife Management (Consequential Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/268), regs. 1, 2

F36 Word in sch. omitted (1.4.2020) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2018 (S.S.I. 2018/389), arts. 1(3), 6(k)

F37 Words in sch. omitted (1.1.2024) by virtue of The Spring Traps Approval (Scotland) Amendment Order 2023 (S.S.I. 2023/340), arts. 1, 2(f)

EXPLANATORY NOTE

(This note is not part of the Order)

By virtue of section 50(1)(b) of the Agriculture (Scotland) Act 1948 (“the 1948 Act”) it is an offence to use a spring trap other than an approved trap (or to use an approved trap for animals or in circumstances for which it is not approved) for the purpose of killing or taking animals. Section 50(1)(c) and (d) create offences in relation to the sale or possession of such traps.

Section 50(3) of that Act allows the Scottish Ministers to specify by order the types and makes of trap which are to be approved for the purposes of that section.

This Order (which is made under that provision) revokes and replaces the Spring Traps Approval (Scotland) Order 1996 (“the 1996 Order”). One trap approved under the 1996 Order is no longer approved, and 16 new types or makes of trap are approved (see paragraphs 4, 5, 13, 15, 16, 18-20 and 23-26 of the Schedule).

In addition, the conditions of approval attached to each type of trap approved by the 1996 Order have been amended to make changes in respect of the animals for which, and the tunnel or housing within which, the traps are to be used.

The approval of a spring trap under section 50(3) of the 1948 Act does not confer an exemption from any other statutory regime that may be applicable, and the use of such traps is subject to such requirements as may be imposed by section 50A of the 1948 Act (as regards the use of spring traps elsewhere than in a rabbit hole) and the Animal Health and Welfare (Scotland) Act 2006 (2006 asp 11) (as regards the welfare of protected animals).

This Order was notified in draft to the European Commission and the other Member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (O.J. L 24, 21.7.1998, p.37) which lays down a procedure for the provision of information in the field of technical standards and regulations.

No business and regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.

(1)

1948 c.45 (11 and 12 Geo. 6). Section 50 was substituted by section 10 of the Pests Act 1954 (c.68) (2 and 3 Eliz.2). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

S.I. 1996/2202, as amended by S.S.I. 2007/80.