PART 1 Introductory provisions

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Humane Trapping Standards Regulations 2019 and come into force on 28th March 2019.

(2) These Regulations, with the exception of regulation 8, extend to Great Britain.

(3) Regulation 8 extends to Scotland only.

PART 2 Amendment of the Wildlife and Countryside Act 1981

Amendments

2.The Wildlife and Countryside Act 1981( 4 ) is amended in accordance with regulations 3 to 6.

Amendment of section 11

3. —(1)Section 11 (prohibition of certain methods of killing or taking wild animals)( 5 ) is amended as follows.

(2) For subsection (2) substitute—

“ (2) Subject to the provisions of this Part, a person shall be guilty of an offence if that person—

(a) uses any trap or snare for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;

(b) sets in position any trap or snare of such a nature and so placed as to be—

(i) in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;

(ii) in Scotland, likely to cause bodily injury to any such wild animal;

(c) sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—

(i) in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6;

(ii) in Scotland, likely to cause bodily injury to any such wild animal;

(d) uses for the purpose of killing or taking any wild animal included in Schedule 6—

(i) any electrical device for killing or stunning;

(ii) any poisonous, poisoned or stupefying substance;

(iii) any net;

(iv) any automatic or semi-automatic weapon;

(v) any device for illuminating a target or sighting device for night shooting;

(vi) any form of artificial light or any mirror or other dazzling device;

(vii) any gas or smoke not falling within sub-paragraph (ii);

(viii) any sound recording used as a decoy; or

(ix) any mechanically propelled vehicle in immediate pursuit of any such animal;

(e) uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or

(f) knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e). ” .

(3) In subsection (5), for “(2)(b), (c), (d) or (e)” substitute “(2)(a), (d) or (e)”.

(4) In subsections (6) and (7)—

(a) for “subsection (2)(a)” substitute “subsection (2)(b) or (c)”;

(b) for “Schedule 6” substitute “the relevant Schedule”.

(5) After subsection (7), insert—

“ (7A) In subsections (6) and (7), “the relevant Schedule” means—

(a) where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;

(b) where proceedings relate to an offence under subsection (2)(c), Schedule 6. ” .

Amendment of section 16

4. In section 16 (power to grant licences)( 6 ), after subsection (3) insert—

“ (3ZA) A licence granted under subsection (3) may permit the use of a trap or snare for the purpose of killing, taking or restraining a wild animal included in Schedule 6ZA only if the trap or snare—

(a) meets the conditions relating to certification (see subsections (3ZB) to (3ZF)); or

(b) meets the approved design conditions (see subsections (3ZG to (3ZI)).

This subsection is subject to (3ZJ).

(3ZB) For the purposes of subsection (3ZA)(a) the conditions relating to certification are that—

(a) the trap or snare is of a certified type and make;

(b) the manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; and

(c) where it is manufactured on or after 28th March 2019, the trap or snare is identified by its manufacturer by means of a permanent marking as being of a certified type and make.

(3ZC) For the purposes of subsection (3ZB)(b), instructions provided by the supplier of a trap or snare with the authorisation of the manufacturer of that trap or snare are to be treated as provided by the manufacturer.

(3ZD) For the purposes of this section, a type and make of trap or snare is “certified” in relation to a wild animal included in Schedule 6ZA if it is certified by or on behalf of any of the following authorities as conforming (where the trap or snare is set in accordance with any instructions provided by the manufacturer) to the standards set out in the international trapping standards agreement in relation to the trapping of that animal—

(a) the Secretary of State;

(b) the Welsh Ministers;

(c) the Scottish Ministers;

(d) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs ( 7 ) ;

(e) an authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority.

(3ZE) The relevant authority shall—

(a) publish in such manner as it considers appropriate a list of all traps and snares of a certified type and make of which it is aware; and

(b) make the list available to anyone who asks for it in in writing ( 8 ) .

(3ZF) For the purposes of subsection (3ZE), “the relevant authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers.

(3ZG) For the purposes of subsection (3ZA)(b) a trap or snare meets the approved design conditions if it—

(a) has been constructed by the person using it; and

(b) complies with a design approved for this purpose by or on behalf of the Secretary of State (where it is used in England or Scotland) or the Welsh Ministers (where it is used in Wales).

(3ZH) The relevant authority must—

(a) publish in such manner as it considers appropriate details of the design of a trap or snare approved in accordance with subsection (3ZG)(b); and

(b) make the details available to anyone who asks for them in writing ( 9 ) .

(3ZI) In subsection (3ZH), “the relevant authority” means—

(a) the Secretary of State, for designs of traps or snares approved for use in England;

(b) the Welsh Ministers, for designs of traps or snares approved for use in Wales;

(c) the Scottish Ministers, for designs of traps or snares approved for use in Scotland.

(3ZJ) Subsection (3ZA) does not apply where the licence—

(a) is granted in accordance with any of paragraphs (a) to (d) or paragraphs (f) to (h) of subsection (3) and is subject to such conditions as the appropriate authority considers appropriate when granting the licence;

(b) does not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; and

(c) is accompanied by a written explanation of the reasons for that opinion and for the grant of the licence.

(3ZK) In this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation ( 10 ) . ” .

Amendment of section 22

5. In section 22 (power to vary Schedules), at the end insert—

“ (6) The Secretary of State may, for the purpose of complying with the international trapping standards agreement, by order add any animal to, or remove any animal from, Schedule 6ZA.

(7) In subsection (6), “the international trapping standards agreement” has the meaning given by section 16(3ZK). ” .

New Schedule 6ZA

6. After Schedule 6 to that Act, insert, as Schedule 6ZA to that Act, the Schedule set out in the Schedule to these Regulations.

PART 3 Amendment of other legislation

Amendment of the Pests Act 1954

7. In section 8 of the Pests Act 1954 (restriction on type of trap in England and Wales)( 11 )—

(a) after subsection (3), insert—

“ (3A) An order made under subsection (3) may not specify any type or make of trap as approved if the trap is a leghold trap. ” ; and

(b) after subsection (8), insert—

“ (8A) In subsection (3A), “leghold trap” means a device designed to restrain or capture an animal by means of jaws which close tightly upon one or more of the animal’s limbs, thereby preventing withdrawal of the limb or limbs from the trap. ” .

Amendment of the Agriculture (Scotland) Act 1948

8. In section 50 of the Agriculture (Scotland) Act 1948(prohibition of night shooting, and use of spring traps)( 12 )—

(a) in subsection (4), for “the next following subsection” substitute “subsections (4A) and (5)”;

(b) after subsection (4) insert—

“ (4A) An order made under subsection (3) may not specify any type or make of trap as approved, and an order made under subsection (4) may not authorise the use of any trap, where the trap is a leghold trap. ” ;

(c) in subsection (5) for “the last foregoing subsection”, in both places where it occurs, substitute “subsection (4)”; and

(d) after subsection (8) insert—

“ (9) In subsection (4A), “leghold trap” means a device designed to restrain or capture an animal by means of jaws which close tightly upon one or more of the animal’s limbs, thereby preventing withdrawal of the limb or limbs from the trap. ” .

PART 4 Transitional provision

Transitional provision

9. Until 1st April 2020, Schedule 6ZA to the Wildlife and Countryside Act 1981, as set out in the Schedule to these Regulations, has effect as if the entry in respect of Mustela erminea (Stoat) were omitted.

Regulation 6

SCHEDULE Schedule to be inserted as Schedule 6ZA to the Wildlife and Countryside Act 1981

Section 11(2)

“ SCHEDULE 6ZA Animals which may not be killed or taken by trapping or snaring

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account. ”