(1)The Secretary of State may grant a licence under this section (a “glue trap licence”) authorising a pest controller specified or described in the licence to engage in conduct, for the purpose of preserving public health or public safety, which would otherwise amount to an offence under section 1(1) or (2).
(2)The Secretary of State may not grant a glue trap licence for a purpose mentioned in subsection (1), unless the Secretary of State is satisfied that, as regards that purpose, there is no other satisfactory solution.
(3)A glue trap licence—
(a)may be, to any degree, general or specific,
(b)may be granted to all pest controllers, a class of pest controllers or a particular pest controller (whether or not on an application from the controller or controllers concerned),
(c)may be subject to any conditions specified in the licence,
(d)may be modified or revoked at any time by the Secretary of State (whether or not on an application from the controller or controllers authorised by the licence), and
(e)subject to paragraph (d), is to be valid for the period specified in the licence.
(4)The Secretary of State may require an application for the grant or modification of a glue trap licence, or of a glue trap licence of a particular description, to be made in such form, and to be accompanied by such documentation or information, as the Secretary of State considers appropriate.
(5)The Secretary of State may by regulations—
(a)make provision for, or in connection with, the charging of fees or other charges in relation to an application for the grant or modification of a glue trap licence (and such fees or other charges may be set by reference to any costs incurred, or expected to be incurred, by the Secretary of State or a public authority in connection with this section or section 5, including costs unconnected with the application);
(b)make provision for, or in connection with, appeals in respect of—
(i)a decision to refuse an application for the grant or modification of a glue trap licence;
(ii)a decision to modify or revoke a glue trap licence.
(6)Regulations under subsection (5)(b) may, in particular, include provision about—
(a)the grounds upon which an appeal may be made;
(b)when an appeal may be made;
(c)the court, tribunal or other person who is to determine the appeal;
(d)the procedure for making, or determining, an appeal.
(7)The Secretary of State may by regulations make provision for, or in connection with, the delegation of a function of the Secretary of State under this section (including a function involving the exercise of a discretion) to any public authority which the Secretary of State considers to be competent to exercise the function concerned.
(8)Regulations under subsection (7) may not delegate a power to make regulations.
(9)Regulations under this section—
(a)are to be made by statutory instrument;
(b)may make consequential, supplementary, incidental, transitory, transitional or saving provision.
(10)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(11)In this section “public authority” means any person certain of whose functions are functions of a public nature.
(12)In this Act “pest controller” means a person—
(a)who, in the course of a business, provides a service which consists of, or involves, pest control, or
(b)is employed by a public authority to carry out pest control.