Part I Wildlife
Protection of other animals F16and prevention of poaching
E211 Prohibition of certain methods of killing or taking wild animals.
1
Subject to the provisions of this Part, if any person—
a
sets in position any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith;
b
uses for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as aforesaid, any bow or cross-bow or any explosive other than ammunition for a firearm; F5 . . .
c
uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, F6 ; or
d
knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,
he shall be guilty of an offence.
2
Subject to the provisions of this Part, if any person—
a
sets in position any of the following articles, being an article which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedule 6 which comes into contact therewith, that is to say, any trap or snare, any electrical device for killing or stunning or any poisonous, poisoned or stupefying substance;
b
uses for the purpose of killing or taking any such wild animal any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net;
c
uses for the purpose of killing or taking any such wild animal—
i
any automatic or semi-automatic weapon;
ii
any device for illuminating a target or sighting device for night shooting;
iii
any form of artificial light or any mirror or other dazzling device; or
iv
any gas or smoke not falling within paragraphs (a) and (b);
d
uses as a decoy, for the purpose of killing or taking any such wild animal, any sound recording; F8 . . .
e
uses any mechanically propelled vehicle in immediate pursuit of any such wild animal for the purpose of driving, killing or taking that animal, F9 ; or
f
knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection,
he shall be guilty of an offence.
3
Subject to the provisions of this Part, if any person—
a
sets in position F15or knowingly causes or permits to be set in position any snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; and
b
while the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day,
he shall be guilty of an offence.
4
The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.
5
In any proceedings for an offence under subsection (1)(b) or (c) or (2)(b), (c), (d) or (e), F13and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs the animal in question shall be presumed to have been a wild animal unless the contrary is shown.
6
In any proceedings for an offence under subsection (2)(a) it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in Schedule 6.
F147
In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in subsection (2)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in Schedule 6.
E111 Prohibition of certain methods of killing or taking wild animals.
1
Subject to the provisions of this Part, if any person—
a
F3aa
sets in position or otherwise uses any other type of snare which is either of such a nature or so placed (or both) as to be calculated to cause unnecessary suffering to any animal coming into contact with it;
b
c
uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, F6; or
d
knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section,
he shall be guilty of an offence.
F171A
For the purposes of subsection (1)(aa), a snare which is of such a nature or so placed (or both) as to be calculated to cause unnecessary suffering to any animal coming into contact with it includes—
a
where the person who sets in position or otherwise uses the snare does so to catch any animal other than a fox, a snare which is not fitted with a stop which is capable of preventing the noose of the snare reducing in circumference to less than 13 centimetres;
b
where the person who sets in position or otherwise uses the snare does so to catch a fox, a snare which is not fitted with a stop which is capable of preventing the noose of the snare reducing in circumference to less than 23 centimetres;
c
a snare which is neither—
i
staked to the ground; nor
ii
attached to an object,
in a manner which will prevent the snare being dragged by an animal caught by it; and
d
a snare which is set in a place where an animal caught by the snare is likely to—
i
become fully or partially suspended; or
ii
drown.
2
Subject to the provisions of this Part, if any person—
a
sets in position any of the following articles, being an article which is of such a nature and so placed as to be F7likely to cause bodily injury to any wild animal included in Schedule 6 which comes into contact therewith, that is to say, any trap or snare, any electrical device for killing or stunning or any poisonous, poisoned or stupefying substance;
b
uses for the purpose of killing or taking any such wild animal any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net;
c
uses for the purpose of killing or taking any such wild animal—
i
any automatic or semi-automatic weapon;
ii
any device for illuminating a target or sighting device for night shooting;
iii
any form of artificial light or any mirror or other dazzling device; or
iv
any gas or smoke not falling within paragraphs (a) and (b);
d
uses as a decoy, for the purpose of killing or taking any such wild animal, any sound recording; F8 . . .
e
uses any mechanically propelled vehicle in immediate pursuit of any such wild animal for the purpose of driving, killing or taking that animal, F9 ; or
f
knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this subsection,
he shall be guilty of an offence.
F19F103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F193A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F193B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3C
Subject to the provisions of this Part, any person who—
a
is, without reasonable excuse, in possession of; or
b
sells, or offers or exposes for sale,
a snare which is capable of operating as a self-locking snare or a snare of any other type specified in an order under subsection (1)(a) shall be guilty of an offence.
F183D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3E
Subject to the provisions of this Part, any person who uses a snare otherwise than in accordance with such requirements as may be specified in an order made by the Scottish Ministers, or who knowingly causes or permits any other person to do so, shall be guilty of an offence.
4
The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection.
F114A
The Scottish Ministers may by order specify—
a
criteria which articles of a type referred to in subsections (1) to (3E) must meet to be treated as articles of that type for the purposes of those subsections,
b
circumstances in which articles of that type are to be treated as having been set or used in a manner which constitutes an offence under those subsections.
5
In any proceedings for an offence under subsection F12(1)(c) or (2)(b), (c), (d) or (e), F13and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs the animal in question shall be presumed to have been a wild animal unless the contrary is shown.
6
In any proceedings for an offence under subsection (2)(a) it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in Schedule 6.
F147
In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in subsection (2)(a) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in Schedule 6.
Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)