- Latest available (Revised)
- Original (As enacted)
Wildlife and Countryside Act 1981, Section 11A is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Any person who sets a snare in position must have an identification number (see also subsections (3), (4) and (7) in relation to identification numbers and training).
(2)Any person who sets in position or otherwise uses a snare must ensure—
(a)that a tag is fitted on the snare in such a manner that it is not capable of being easily removed from the snare;
(b)that there is displayed on the tag (in a manner in which it will remain readable) the identification number of the person who set the snare in position; and
(c)where the snare is intended to catch the following types of animal—
(i)brown hares or rabbits; or
(ii)foxes,
that there is also displayed on the tag (in a manner in which it will remain readable) a statement that it is intended to catch the type of animal in question.
(3)For the purposes of this section and sections 11D and 11E, the identification number of a person who sets a snare in position is the identification number issued to him by [F2the] chief constable.
(4)[F3The] chief constable—
(a)on receipt of an appropriate application from any person for an identification number for the purpose of setting snares in position F4...; and
(b)on being satisfied that the applicant has been trained to set a snare in position and on the circumstances in which the setting of snares is an appropriate method of predator control,
must grant the application and issue the applicant with an identification number.
(5)Any person who fails to comply with subsection (1) is guilty of an offence.
(6)Any person who—
(a)has an identification number and sets in position or otherwise uses a snare; but
(b)fails to comply with subsection (2) in any respect,
is guilty of an offence.
F5(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The Scottish Ministers may by order make provision as regards—
(a)when a person has been trained to set a snare in position and on the circumstances in which the setting of snares is an appropriate method of predator control;
(b)how [F6the] chief constable is to be satisfied that an applicant for an identification number has been so trained;
(c)the manner in which a tag is to be fitted for the purposes of subsection (2)(a) (including the material from which a tag is to be made);
(d)the manner in which an identification number is to appear on a tag for the purposes of subsection (2)(b), and in which a statement is to be displayed on a tag for the purposes of subsection (2)(c);
(e)the form of and manner of making an application for an identification number;
(f)the determining by the Scottish Ministers, or by [F7the chief constable] in accordance with the order, of any fee to accompany the application and the charging of any such fee;
(g)the issuing of identification numbers under subsection (4);
(h)the keeping of records of identification numbers issued, the persons to whom they are issued and the sharing of information from such records;
(i)such other matters in relation to training, tags or identification numbers (including the making of an application for, or the issuing of, an identification number) as they consider appropriate.
(9)In this section—
“appropriate application” means an application made in accordance with the provisions of an order under subsection (8);
[F8“chief constable” means the chief constable of the Police Service of Scotland]
F9...]
Textual Amendments
F1Ss. 11A-11F inserted (1.1.2012 for specified purposes, 22.11.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 13(3), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(c)(ii)(3A)(a)(4)
F2Word in s. 11A(3) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(a)
F3Word in s. 11A(4) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(b)(i)
F4Words in s. 11A(4)(a) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(b)(ii)
F5S. 11A(7) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(c)
F6Word in s. 11A(8)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(d)(i)
F7Words in s. 11A(8)(f) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(d)(ii)
F8Definition in s. 11A(9) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(e)(i)
F9Definition in s. 11A(9) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 8(e)(ii)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: