Glue Traps (Offences) Act 2022

Commentary on provisions of Act

Section 1: Offences relating to glue traps in England

14. Subsection (1) sets out the central prohibition in the Act, making it an offence to set a glue trap in England for the purpose of catching a rodent.
15. Subsection (2) sets out a further prohibition, making it an offence to set a glue trap in England in a manner which gives rise to a risk that a rodent will become caught in the glue trap.
16. Subsection (3) clarifies that the offences in subsections (1) and (2) do not apply if the glue trap is set in accordance with the terms of a glue trap licence, issued under section 2.
17. Subsection (4) makes it an offence to knowingly cause or permit an offence to be committed under subsection (1) or (2).
18. Subsection (5) makes it an offence for a person who finds a glue trap in England that has been set in a manner which gives rise to a risk that a rodent will become caught in the glue trap, to fail to ensure that the glue trap no longer gives rise to such a risk, unless the person has a reasonable excuse for failing to do so.
19. Subsection (6) clarifies that if a person believes that the glue trap was set under, and in accordance with the terms of, a glue trap licence, the person has a reasonable excuse for the purposes of subsection (5).
20. Subsection (7) specifies that a person guilty of an offence under subsection (1), (2) or (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine of any amount (or both).
21. Subsection (8) specifies that a person guilty of an offence under subsection (5) is liable on summary conviction to a fine of any amount.
22. However, until section 281(5) of the Criminal Justice Act 2003 comes into force, the maximum custodial sentence under subsection (7) will be six months (see subsection (9)).
23. Subsection (10) makes provision for post-conviction orders. Where a person has been convicted of an offence under this section, the court must make a forfeiture order requiring that person to forfeit any glue trap in their possession or control which has been used in the course of, or in connection with, that offence. The court may also order that person to forfeit any other glue trap in their possession or control.
24. Subsection (11) defines a glue trap as being a trap which is designed, or is capable of being used, to catch a rodent, and uses an adhesive substance as the means, or one of the means, of capture.

Section 2: Glue trap licences

25. Subsection (1) allows the Secretary of State to grant a glue trap licence authorising a pest controller to use a glue trap for the purpose of preserving public health or public safety.
26. Subsection (2) specifies that a glue trap licence may only be granted if the Secretary of State is satisfied that there is no other satisfactory solution.
27. Subsection (3) sets out further provision relating to the scope and contents of glue trap licences.
28. Subsection (4) allows the Secretary of State to require the application for a glue trap licence to be made in such form, and to be accompanied by such documentation or information, as the Secretary of State considers appropriate.
29. Subsection (5) grants powers to the Secretary of State to: (a) make regulations regarding the charging of fees or other charges in relation to an application for the grant or modification of a glue trap licence; (b) make regulations concerning appeals in respect of licence applications.
30. Subsection (7) allows the Secretary of State to delegate the licensing functions specified in this section to any competent public authority.
31. Subsection (9) specifies that regulations under this section are to be made by statutory instrument, and may make consequential, supplementary, incidental, transitory, transitional or saving provision.
32. Subsection (10) specifies that a statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
33. Subsection (11) defines the term "public authority".
34. Subsection (12) defines the term "pest controller".

Section 3: Offences in connection with licences

35. Subsection (1) makes it an offence for a person, in connection with a glue trap licence application, to (a) make a statement or representation, or provide a document or information, which the person knows to be false in a material particular, or (b) recklessly make a statement or representation, or provide a document or information, which is false in a material particular.
36. Subsection (2) specifies that a person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine of any amount (or both).
37. However, until section 281(5) of the Criminal Justice Act 2003 comes into force, the maximum custodial sentence will be six months (see subsection (3)).

Section 4: Enforcement powers of constables

38. Section 4 sets out the enforcement powers of constables.
39. Subsection (1) specifies the criteria under which a justice of the peace may grant a warrant to a constable to enter and search a premises, using reasonable force if necessary.
40. Subsection (2) sets out the powers of constables after entering premises under subsection (1), to seize and detain evidence, or any glue trap which may be liable to be forfeited.
41. Subsection (3) specifies that when entering a premises, a constable may take with them any other person, and any equipment or materials. For example, this could include a veterinary surgeon, if the constable judged this necessary.

Section 5: Enforcement powers of authorised inspectors

42. Section 5 sets out the enforcement powers of authorised inspectors.
43. Subsection (1) defines an "authorised inspector" as a person authorised in writing under this subsection by the Secretary of State.
44. Subsection (2) states that an authorisation under subsection (1) is subject to any conditions or limitations specified in it.
45. Subsection (3) allows an authorised inspector to enter and inspect, at any reasonable time, premises (other than a dwelling) occupied by any pest controller who is authorised by a glue trap licence, for the purposes of verifying any information relating to a glue trap licence application, or ascertaining compliance with any condition to which a glue trap licence is subject.
46. Subsection (4) specifies that an authorised inspector must, if requested to do so, produce evidence of the inspector’s authorisation before entering any premises under subsection (3).
47. Subsection (5) sets out the powers an authorised inspector has after entering a premises under subsection (3), including inspection powers and the power to seize and detain evidence.
48. Subsection (6) specifies that the power to seize evidence under subsection (5) does not include power to seize an item which the person exercising the power has reasonable grounds for believing to be subject to legal privilege.
49. Subsection (7) requires the inspector, on request, to provide a record of anything that is seized.
50. Subsection (8) allows anything which has been seized under subsection (5) to be retained so long as is necessary, including for use as evidence in proceedings under this Act, or for forensic examination or for investigation in connection with an offence under this Act.
51. Subsection (9) clarifies that nothing may be retained for the purposes in subsection (8) if a photograph, video recording or copy would be sufficient.
52. Subsection (10) specifies that when entering a premises, an authorised inspector may take with them, for the purpose of assisting the inspector, any other person, and any equipment or materials.
53. Subsection (11) allows a person taken onto premises under subsection (10) to exercise any power conferred by subsection (5) if the person is in the company, and under the supervision, of the inspector.
54. Subsection (12) defines the term "dwelling".

Section 6: Offences in connection with authorised inspectors

55. Subsection (1) makes it an offence to intentionally obstruct an authorised inspector.
56. Subsection (2) makes it an offence to fail without reasonable excuse to comply with a requirement for assistance reasonably made under section 5(5)(d).
57. Subsection (3) makes it an offence to falsely pretend to be an authorised inspector.
58. Subsection (4) specifies that a person guilty of an offence under subsections (1) or (2) is liable on summary conviction to a fine of any amount.
59. Subsection (5) specifies that a person guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine of any amount (or both); and on conviction on indictment, to imprisonment for a term not exceeding two years or a fine of any amount (or both).
60. Subsection (6) clarifies that the reference in subsection (5) to 12 months is to be read as a reference to six months, in relation to an offence committed before the commencement of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020.

Section 7: Offences by bodies corporate

61. Section 7 specifies who is considered liable if an offence is committed by a body corporate.
62. Subsection (2) provides for individual liability (of a senior officer or a person purporting to act in such a capacity) in some cases where there is also corporate liability.
63. Subsection (3) defines the terms "director" and "senior officer" used in this section.

Section 8: Crown application

64. Subsection (1) specifies that the Act applies to the Crown. This means that it binds all Government departments and other public bodies that are part of the Crown.
65. In accordance with normal practice, subsection (2) provides that the Crown is not subject to criminal liability if it contravenes the requirements of the Act.
66. Subsection (3) specifies that the fact that the Crown cannot itself be found criminally liable under the Act does not prevent criminal convictions being made against individuals, such as civil servants who are in the service of the Crown as public servants. They may be prosecuted under the Act in the same way as private individuals, private organisations and their staff.
67. Subsection (4) specifies that the powers conferred by sections 4 and 5 are not exercisable in relation to premises occupied by the Crown.
68. Subsection (5) grants power to the High Court to make a declaration that the conduct of the Crown is unlawful, in circumstances where, but for subsection (2), the Crown would be criminally liable under this Act.
69. Subsections (6) and (7) specify that nothing in this Act affects Her Majesty in her private capacity.

Section 9: General interpretation

70. Section 9 defines various terms used in the Act.

Section 10: Extent, commencement and short title

71. Section 10 sets out the territorial extent of the Act. It also deals with the commencement of the provisions in the Act and provides for the provisions to come into force in accordance with commencement regulations made by the Secretary of State. The section also specifies the short title of the Act.