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.