The Spring Traps Approval (Scotland) Amendment Order 2018
Under the Agriculture (Scotland) Act 1948, spring traps are prohibited in Scotland unless approved by the Scottish Government via a Spring Traps Approval Order.
The regulation is to be made under s85(3) of the Agriculture (Scotland Act 1948, a provision which allows us to specify by Order the types and makes of spring trap which are to be approved for the purposes of that section (s.85(3) is included only to enable the revoking provision).
Section.50(1) creates an offence in relation to the use traps other than approved traps (or of approved traps for animals or in circumstances for which they are not approved). S.50(1)(c) and (d) create offences in relation to the sale or possession of such traps.
Section 50(3) of that Act allows the Scottish Ministers to specify by order the types and makes of trap which are to be approved for the purposes of that section.
This regulation which is to be made under that provision amends the Spring Traps Approval (Scotland) Order 2011 (SSI. 2011/393).
This regulation adds nine types of spring trap to those approved for use in Scotland, adds to the target species against which one of the traps previously approved may be used, and amends the conditions of use in column (2) of four traps. This regulation also removes eight types of approved spring trap which have been out of production for some time and are seldom used to trap any permitted target species.
It also removes stoat as a permitted target species for eleven approved traps. However, we have agreed with stakeholders to delay this removal until 1 April 2020 to give the sector sufficient time to manufacture, supply and deploy humane stoat traps.
The 2011 Order was notified and cleared in 2011 (reference Notification: 2011/0387/UK