12A—(1) Subject to the provisions of this Part, any person who—
(a)for the purpose of killing or taking any wild animal other than one included in Schedule 6 [F2or 6A] , uses or permits the use of any spring trap other than an approved trap or uses or permits the use of an approved trap in circumstances or for wild animals for which it is not approved, or
(b)sells, or exposes or offers for sale, any spring trap other than an approved trap with a view to its being used for a purpose which is unlawful under sub-paragraph (a), or
(c)has in his possession any spring trap for a purpose which is unlawful under this paragraph,
shall be guilty of an offence.
(2) Paragraph (1) does not apply to traps of any description specified by order of the Department as being adapted solely for the destruction of rats, mice or other small ground vermin.
(3) In paragraph (1) any reference to an approved trap is a reference to a trap of a type and make for the time being specified by an order of the Department, either generally or subject to conditions as to the circumstances in which or the wild animals for which it may be used, and any reference to the circumstances or wild animals for which a trap is approved shall be construed accordingly.]
[F3(4) In paragraph (1) any reference to an approved trap shall not include a reference to any trap if that trap is a leghold trap.
(5) In paragraph (4), “leghold trap” means a device designed to restrain or capture an animal by means of jaws which close tightly upon one or more of the animal’s limbs, thereby preventing withdrawal of the limb or limbs from the trap.]
F1Art. 12A inserted (30.1.2012 for specified purposes, 12.3.2012 in so far as not already in operation) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), ss. 11(1), 40(1); S.R. 2012/21, art. 2(1)(2)(a)
F2Words in art. 12A(1)(a) inserted (31.5.2019) by The Humane Trapping Standards Regulations (Northern Ireland) 2019 (S.R. 2019/68), regs. 1(1)(b), 4(2)
F3Art. 12A(4)(5) inserted (31.5.2019) by The Humane Trapping Standards Regulations (Northern Ireland) 2019 (S.R. 2019/68), regs. 1(1)(b), 4(3)