The Humane Trapping Standards Regulations 2019

Document Number:2019 No. 22
Coming into force:Coming into force on the 28/03/2019
 
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Statutory Instruments

Wildlife

Made

9 th January 2019

Coming into force

28 th March 2019

The Secretary of State and the Welsh Ministers are Ministers designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to wild animals(2).

The Secretary of State, in relation to England and Scotland(3) , and the Welsh Ministers in relation to Wales, make these Regulations in exercise of the powers conferred by section 2 of that Act.

PART 1 Introductory provisions

Citation, commencement and extent

  1. —(1) These Regulations may be cited as the Humane Trapping Standards Regulations 2019 and come into force on 28 th March 2019.

    (2) These Regulations, with the exception of regulation 8 , extend to Great Britain.

    (3) Regulation 8 extends to Scotland only.

    PART 2 Amendment of the Wildlife and Countryside Act 1981

    Amendments

  2. The Wildlife and Countryside Act 1981(4) is amended in accordance with regulations 3 to 6.

    Amendment of section 11

  3. —(1) Section 11 (prohibition of certain methods of killing or taking wild animals)(5) is amended as follows.

    (2) For subsection (2) substitute—

    “(2) Subject to the provisions of this Part, a person shall be guilty of an offence if that person—

    (a) uses any trap or snare for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6 ZA;

    (b) sets in position any trap or snare of such a nature and so placed as to be—

    (i) in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6 or 6 ZA;

    (ii) in Scotland, likely to cause bodily injury to any such wild animal;

    (c) sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—

    (i) in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6;

    (ii) in Scotland, likely to cause bodily injury to any such wild animal;

    (d) uses for the purpose of killing or taking any wild animal included in Schedule 6—

    (i) any electrical device for killing or stunning;

    (ii) any poisonous, poisoned or stupefying substance;

    (iii) any net;

    (iv) any automatic or semi-automatic weapon;

    (v) any device for illuminating a target or sighting device for night shooting;

    (vi) any form of artificial light or any mirror or other dazzling device;

    (vii) any gas or smoke not falling within sub-paragraph (ii);

    (viii) any sound recording used as a decoy; or

    (ix) any mechanically propelled vehicle in immediate pursuit of any such animal;

    (e) uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or

    (f) knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).”.

    (3) In subsection (5) , for “(2)(b) , (c) , (d) or (e)” substitute “(2)(a) , (d) or (e)”.

    (4) In subsections (6) and (7)—

    (a) for “subsection (2)(a)” substitute “subsection (2)(b) or (c)”;

    (b) for “Schedule 6” substitute “the relevant Schedule”.

    (5) After subsection (7) , insert—

    “(7 A) In subsections (6) and (7) , “the relevant Schedule” means—

    (a) where proceedings relate to an offence under subsection (2)(b) , Schedule 6 or 6 ZA;

    (b) where proceedings relate to an offence under subsection (2)(c) , Schedule 6.”.

    Amendment of section 16

  4. In section 16 (power to grant licences)(6) , after subsection (3) insert—

    “(3 ZA) A licence granted under subsection (3) may permit the use of a trap or snare for the purpose of killing, taking or restraining a wild animal included in Schedule 6 ZA only if the trap or snare—

    (a) meets the conditions relating to certification (see subsections (3 ZB) to (3 ZF)); or

    (b) meets the approved design conditions (see subsections (3 ZG to (3 ZI)).

    This subsection is subject to (3 ZJ).

    (3 ZB) For the purposes of subsection (3 ZA)(a) the conditions relating to certification are that—

    (a) the trap or snare is of a certified type and make;

    (b) the manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; and

    (c) where it is manufactured on or after 28 th March 2019 , the trap or snare is identified by its manufacturer by means of a permanent marking as being of a certified type and make.

    (3...

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