Textual Amendments
F1 Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)
(1)Any person who sets a snare in position must while it remains in position inspect it or cause it to be inspected, at least once every day at intervals of no more than 24 hours, for the following purposes—
(a)to see whether any animal is caught by the snare; and
(b)to see whether the snare is free-running.
(2)Any person who while carrying out such an inspection—
(a)finds an animal caught by the snare must, during the course of the inspection, release or remove the animal (whether it is alive or dead); and
(b)finds that the snare is not free-running must remove the snare or restore it to a state in which it is free-running.
(3)Subject to the provisions of this Part, any person who—
(a)without reasonable excuse, contravenes subsection (1); or
(b)contravenes subsection (2),
is guilty of an offence.
(4)For the purposes of this section, a snare is “free-running” if—
(a)it is not self-locking;
(b)it is not capable (whether because of rust, damage or other condition or matter) of locking; and
(c)subject only to the restriction on such movement created by the stop fitted in accordance with section 11(1A)(a) or (b), the noose of the snare is able at all times freely to become wider or tighten (and is not prevented from doing so whether because of rust, damage or other condition or matter other than the stop).]
Textual Amendments
F2Ss. 11A-11F inserted (1.1.2012 for specified purposes, 22.11.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(ii)(3A)(a)(4)