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Wildlife Management and Muirburn (Scotland) Act 2024

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This is the original version (as it was originally enacted).

1Offence of using glue trap

(1)It is an offence for a person, without reasonable excuse, to use a glue trap for the purpose of killing or taking any animal other than an invertebrate.

(2)It is an offence for a person, without reasonable excuse, to use a glue trap in a manner that is likely to cause bodily injury to any animal other than an invertebrate that comes into contact with it.

(3)It is an offence for a person to knowingly cause or permit an unauthorised person to commit an offence under subsection (1) or (2).

(4)A person does not commit an offence under subsection (1) or (2) if the person is an authorised person.

(5)A person who commits an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding £40,000 (or both),

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).

(6)The Wildlife and Countryside Act 1981 is amended as follows—

(a)in section 5 (prohibition of certain methods of killing or taking wild birds), in subsection (1)(a), after “trap” insert “(other than a glue trap within the meaning of section 1 of the Wildlife Management and Muirburn (Scotland) Act 2024)”,

(b)in section 11 (prohibition of certain methods of killing or taking wild animals), after subsection (2) insert—

“(2A)In subsection (2), “trap” does not include a glue trap within the meaning of section 1 of the Wildlife Management and Muirburn (Scotland) Act 2024.”.

(7)In this section—

  • “authorised person” means a person—

    (a)

    authorised by the scheme made under section 5, and

    (b)

    acting in accordance with the person’s authorisation,

    and references to the authorisation of a person are to be construed accordingly,

  • “glue trap” means a trap that—

    (a)

    is designed, or is capable of being used, to catch an animal other than an invertebrate, and

    (b)

    uses an adhesive substance as the means, or one of the means, of capture.

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