The Spring Traps Approval (Variation) (England) Order 2016

Statutory Instruments

2016 No. 247

Animals, England

Prevention Of Cruelty

The Spring Traps Approval (Variation) (England) Order 2016

Made

23rd February 2016

Coming into force

24th March 2016

The Secretary of State makes the following Order in exercise of the powers conferred by section 8(3) and (7) of the Pests Act 1954(1) and now vested in the Secretary of State(2).

Citation and commencement

1.  This Order—

(a) may be cited as the Spring Traps Approval (Variation) (England) Order 2016; and

(b) comes into force on 24th March 2016.

Variation of the Spring Traps Approval (England) Order 2012

2.  The Schedule to the Spring Traps Approval (England) Order 2012(3) is varied as follows—

(a) after the entry for the Kania Trap 2500, insert the following entries—

“KORO Large Rodent Double Coil Spring Snap Trap manufactured by or under the authority of Koro Traps, Box 5 Grp.22 RR2, Dugald, Manitoba, R0E 0K0, Canada.	The trap may be used only for the purpose of killing grey squirrels and rats. The trap must be so positioned that animals can only enter it from the front, and set within an artificial blind tunnel which is suitable for the purpose. (The front is the side from which the letters KORO can be read face-on and the correct way up.)
KORO Rodent Snap Trap manufactured by or under the authority of Koro Traps, Box 5 Grp.22 RR2, Dugald, Manitoba, R0E 0K0, Canada.	The trap may be used only for the purpose of killing rats and weasels. The trap must be so positioned that animals can only enter it from the front, and set within an artificial blind tunnel which is suitable for the purpose. (The front is the side from which the letters KORO can be read face-on and the correct way up.)”;

(b) after the entry for the Nooski mouse trap, insert the following entry—

“Procull Trap manufactured by or under the authority of Elgeeco, 108 Downlands Way, South Wonston, Winchester, Hampshire, SO21 3HS.

The trap may be used only for the purpose of killing grey squirrels.”

Duty to review

3.—(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision in article 2; and

(b) publish a report setting out the conclusions of the review.

(2) The report must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision;

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(3) The first report under this article must be published before the end of the period of five years beginning with the day on which this Order comes into force.

(4) Subsequent reports under this article must be published at intervals not exceeding five years.

(5) In this article, “regulatory provision” has the meaning given by section 32(4) of the Small Business, Enterprise and Employment Act 2015(4).

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

23rd February 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order varies the Spring Traps Approval (England) Order 2012 (S.I. 2012/13).

Under section 8 of the Pests Act 1954 (c. 68), it is an offence to use or knowingly to permit the use of any spring trap, other than a trap that has been approved by order, for the purpose of killing or taking animals or in circumstances for which it is not approved.

This Order adds three types of spring trap to those approved for use in England: the KORO Large Rodent Double Coil Spring Snap Trap, the KORO Rodent Snap Trap and the Procull Trap (article 2).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

1954 c. 68. Section 8(7) was amended by the Statute Law (Repeals) Act 1973 (c. 39), Schedule 1, Part 8.

(2)

The Minister of Agriculture and Fisheries was re-named “the Minister of Agriculture, Fisheries and Food” upon the transfer to that Minister of the functions of the Minister of Food by S.I. 1955/554. The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by S.I. 2002/794.

(3)

S.I. 2012/13, amended by S.I. 2015/1427.

(4)

2015 c. 26.