Scottish Statutory Instruments

2012 No. 282

Wildlife

The Snares (Identification Numbers and Tags) (Scotland) Order 2012

Made

22nd October 2012

Laid before the Scottish Parliament

24th October 2012

Coming into force

22nd November 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by section 11A(8)(b), (c), (d), (e), (f), (g), (h) and (i) of the Wildlife and Countryside Act 1981(1) and all other powers enabling them to do so.

For the purposes of section 26(4)(a) of that Act(2) they consider that no local authority is affected by this Order.

In accordance with that provision, they have given any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order.

In accordance with section 26(4)(b) of that Act, they have consulted Scottish Natural Heritage.

Citation and commencement

1. This Order may be cited as the Snares (Identification Numbers and Tags) (Scotland) Order 2012 and comes into force on 22nd November 2012.

Interpretation

2. In this Order—

“1981 Act” means the Wildlife and Countryside Act 1981;

“snare hardware” means the anchor and any other part permanently attached between the snare and anchor, excluding the tealer; and

“training certificate” means a certificate issued by an approved body in accordance with article 3 of the Snares (Training) (Scotland) (No. 2) Order 2012(3).

Application for an identification number

3.—(1) An applicant for an identification number to be issued under section 11A(4) of the 1981 Act must apply in person at a police station in the police area within which it is intended to set snares.

(2) The application must be made in the form set out in the Schedule to this Order and be accompanied by—

(a)a fee of £20;

(b)evidence of the identity of the applicant which must be in the form of photographic identification;

(c)a training certificate obtained by the applicant; and

(d)a recent passport size photograph clearly showing the face and shoulders of the applicant.

Evidence of training

4. A chief constable is to be satisfied that an applicant for an identification number has been trained for the purposes of section 11A(4)(b) of the 1981 Act where he or she is satisfied that a training certificate has been issued to the applicant.

Issuing of identification numbers

5.—(1) An identification number to be issued to an applicant by a chief constable must be sent by registered or recorded delivery post.

(2) When an identification number is issued under paragraph (1) by a chief constable other than the Chief Constable of Strathclyde Police, the chief constable must notify the Chief Constable of Strathclyde Police and provide him or her with the details required for the records to be kept in accordance with article 6.

Record keeping

6.—(1) The Chief Constable of Strathclyde Police must, in a centrally held register, keep records of—

(a)identification numbers which have been issued in all police areas; and

(b)details of the persons to whom they have been issued.

(2) Information from records kept in accordance with paragraph (1) may be shared with the Scottish Ministers.

SCHEDULEForm of application for an identification number

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision about identification numbers and tags in relation to setting snares.

An application for an identification number is to be made in person at a police station in the police area within which it is intended to set snares (article 3(1)). It is to be made in the form set out in the Schedule to the Order and must be accompanied by a fee of £20 and the other accompanying documentation set out in the Order (article 3(2)).

Article 4 sets out how a chief constable is to be satisfied that an applicant for an identification number has been trained for the purposes of section 11A(4) of the Wildlife and Countryside Act 1981 (“the 1981 Act”). This will be the case where he or she is satisfied that a training certificate has been issued to the applicant.

Article 5 provides that identification numbers must be issued by registered or recorded delivery post, and (where he or she has not issued the number) requires the Chief Constable of Strathclyde Police to be notified when this happens. Under Article 6, he or she is required to keep records in a centrally held register all of identification numbers which have been issued. This information may be shared with the Scottish Ministers.

Article 7 sets out requirements for the composition of tags, how they are to be attached and the information which is required to be displayed on a tag where it is intended to catch the species listed in section 11A(2)(c) of the 1981 Act.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Environmental Quality Division, Scottish Government, Victoria Quay, Edinburgh, EH6 6QQ.

(1)

1981 c.69; section 11A is inserted by section 13 of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) (“the 2011 Act”), and was brought into force by article 2(1)(c) of S.S.I. 2011/433 to the extent necessary to enable the Scottish Ministers to make provision by order under section 11A(8).

(2)

The functions set out in section 26(4)(a) and (b) of the Wildlife and Countryside Act 1981 requiring consultation with any local authorities and any other person affected by the Order, and with Scottish Natural Heritage, are conferred upon the Secretary of State; those functions, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Section 26(4)(a) and (b) were amended by section 17(6)(b) of the 2011 Act.

(3)

S.S.I. 2012/161.