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Explanatory Note

(This note is not part of the Order.)

This Order revokes and replaces the Spring Traps Approval Order (Northern Ireland) 1961.

Article 2 specifies approved traps, namely those listed in column 1 of the Schedule and others which are equivalent in all relevant respects to those so listed. The list of approved traps has been extended and the conditions attached to the approval of traps have been amended so as to ensure that no trap could operate as a leghold trap as defined in Article 1 of Council Regulation (EEC) 3254/91 (O.J. No. L308, 9.11.91, p. 1) prohibiting the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of leghold traps or trapping methods which do not meet international humane trapping standards.

Any person who uses or permits the use of, for the purpose of killing or taking animals, any spring trap other than an approved trap or uses or permits the use of an approved trap for animals for which it is not approved or sells or exposes or offers for sale any spring trap other than an approved trap with a view to its being used for an unlawful purpose, or has in his possession any spring trap for an unlawful purpose, shall be guilty of an offence of cruelty within the meaning of Part III of the Welfare of Animals Act (Northern Ireland) 1972. A person guilty of such an offence under that section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale (currently £5,000) or to both.