The Environmental Protection (Restriction on Use of Lead Shot) (Scotland) (No. 2) Regulations 2004

This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2004/289 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2004 No. 358

ENVIRONMENTAL PROTECTION

The Environmental Protection (Restriction on Use of Lead Shot) (Scotland) (No. 2) Regulations 2004

Made

26th August 2004

Laid before the Scottish Parliament

27th August 2004

Coming into force in accordance with regulation 1(2)

The Scottish Ministers, having consulted the committee established under section 140(5) of the Environmental Protection Act 1990(1); having published notices in the London Gazette and in the Edinburgh Gazette; having considered representations made to them in accordance with those notices, all as required by section 140(6) of that Act; considering it appropriate for the purpose of preventing the substance or articles specified from causing pollution of the environment and harm to the health of animals; in exercise of the powers conferred by section 140 of that Act and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Environmental Protection (Restriction on Use of Lead Shot) (Scotland) (No. 2) Regulations 2004.

(2) Regulation 7 shall come into force on 31st August 2004 and the remaining provisions of these Regulations shall come into force on 31st March 2005.

(3) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations–

“lead shot” means any shot made of–

(a)

lead; or

(b)

any alloy or compound of lead where lead comprises more than 1% of that alloy or compound;

“the Ramsar Convention” means the Convention on Wetlands of International Importance, especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by–

(a)

the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and

(b)

the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting parties held at Regina, Saskatchewan, Canada between 28th May and 3rd June 1987(2);

“shot gun” means a smooth bore gun but does not include any shot gun chambered for 9 millimetre or smaller rim fire cartridges;

“wetlands” shall be construed in accordance with regulation 3.

Wetlands

3.—(1) Subject to paragraph (2), “wetlands” has the meaning given in Article 1(1) of the Ramsar Convention.

(2) For the purposes of these Regulations only the reference in that Article to–

(a) “temporary” in relation to wetlands means wetlands which are covered with water on a seasonal, intermittent or regular basis; and

(b) “peatlands” means only peatlands with visible water.

Prohibition on use of lead shot

4.  No person shall use lead shot for the purpose of shooting with a shot gun on or over wetlands.

Offences

5.  Any person who contravenes regulation 4, or causes or permits another person to contravene that regulation, shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences by bodies corporate etc.

6.—(1) Where an offence under regulation 5 committed–

(a) by a body corporate, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who–

(i) is a director, manager or secretary of the body corporate; or

(ii) purports to act in any such capacity;

(b) by a Scottish partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who–

(i) is a partner; or

(ii) purports to act in that capacity;

(c) by an unincorporated association, other than a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who–

(i) is concerned in the management or control of the association; or

(ii) purports to act in the capacity of a person so concerned,

that person (as well as the body corporate, Scottish partnership or, as the case may be, unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

Revocation

7.  The Environmental Protection (Restriction on Use of Lead Shot) (Scotland) Regulations 2004(3) are hereby revoked.

ALLAN WILSON

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

26th August 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, prohibit the use of lead shot for shooting with a shot gun on or over wetlands (regulation 4). Regulation 2 contains definitions of terms referred to in the Regulations.

Regulation 3 defines “wetlands” by reference to Article 1(1) of the Ramsar Convention (the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971), with further explanation of the terms “peatland” and “temporary” wetlands for the purposes of the Regulations. Article 1(1) states:

• “For the purposes of this Convention wetlands are areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres.”.

The Ramsar Convention provides a detailed “Classification System for Wetland Types” which provides further guidance as to what constitutes a wetland. A copy of the Convention and the Classification System is available at http://www.ramsar.org/key_conv_e.htm.

Regulation 5 creates the offence of contravention, or causing or permitting the contravention of regulation 4. It makes that offence punishable summarily with a fine not exceeding level 3 on the standard scale.

Regulation 6 provides for offences which are committed by bodies corporate, partnerships and unincorporated associations and extends those offences to persons in control of such bodies in certain circumstances.

Regulation 7 revokes the Environmental Protection (Restriction on Use of Lead Shot) (Scotland) Regulations 2004, which these Regulations replace.

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from Wildlife and Habitats Division, the Scottish Executive, Victoria Quay, Leith, EH6 6QQ. Copies have also been placed in the Scottish Parliament Information Centre, George IV Bridge, Edinburgh.

(1)

1990 c. 43. The Advisory Committee on Hazardous Substances was established by S.I. 1991/1487. Section 140(3)(c) was amended by S.I. 1999/1108. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

Cmnd 6465. The Paris Protocol and Regina Amendments are published in Cmnd 9113 and 3053 respectively.

(3)

S.S.I. 2004/289.