Wildlife Management and Muirburn (Scotland) Act 2024

Prospective

5 Authorisation for use, supply or possession of glue trap S

(1) The Scottish Ministers may, by regulations, make a scheme for the authorisation of the use, supply or possession of glue traps (“the scheme”)—

(a) by specified persons,

(b) in specified circumstances.

(2) Regulations under subsection (1) must provide that a person may only be authorised under the scheme to use, supply or possess a glue trap if—

(a) it is necessary or expedient to do so for the purpose of protecting public health, and

(b) no other method of rodent control is practicable.

(3) Regulations under subsection (1) may in particular—

(a) make provision about the application for authorisation under the scheme, including the payment of such reasonable fee as the Scottish Ministers may require in connection with an application,

(b) make provision for the form and content of an application, including the information that must be provided,

(c) make provision relating to the grant of an authorisation, including the criteria for granting an authorisation,

(d) specify the maximum period for which an authorisation may be granted,

(e) enable conditions to be attached to authorisations,

(f) create an offence in connection with the provision of false statements for the purposes of obtaining an authorisation,

(g) make provision relating to the modification, suspension and revocation of an authorisation,

(h) provide for an appeal to be made against a decision to refuse to grant authorisation, or to modify, suspend or revoke an authorisation,

(i) require an applicant to complete a training course,

(j) make provision relating to training courses, including—

(i) determining training requirements, such as—

(A) the form and content of the training course,

(B) requiring a person providing training to meet specified criteria (such as having relevant experience or holding a particular qualification),

(ii) accrediting courses and the persons providing courses,

(iii) determining the minimum criteria for successful completion and how successful completion is to be recorded,

(k) enable the Scottish Ministers to delegate their functions under the scheme to local authorities.

(4) The maximum penalty that may be provided for in regulations under subsection (1) creating an offence is, on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both).

(5) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) local authorities, and

(b) such other persons as they consider likely to be interested in, or affected, by the authorisation of the use, supply or possession of glue traps.

(6) Regulations under subsection (1) are subject to the affirmative procedure.

(7) In this section—

• “glue trap” has the meaning given in section 1(7),

• “specified” means specified in regulations made under subsection (1),

• “supply” has the meaning given in section 2(5).

Commencement Information

I1 S. 5 not in force at Royal Assent, see s. 35(2)