The Scottish Government

THE SCOTTISH GOVERNMENT - WILDLIFE AND COUNTRYSIDE

THE SNARES (TRAINING) (SCOTLAND) ORDER 2012

Notice is hereby given under section 26(5) of the Wildlife and Countryside Act 1981 (“the 1981 Act”) that the Scottish Ministers, in exercise of the powers conferred on them by section 11A(8)(a) and (i) of the 1981 Act (a), and all other powers enabling them to do so, have made the following Order: The Snares (Training) (Scotland) Order 2012.

The Order (The Wildlife and Countryside Act 1981 (The Snares (Scotland) Order 2010)) makes provision about training in the use of snares as identified below:

Interpretation

1.  In this Order—

(a)  “1981 Act” means the Wildlife and Countryside Act 1981;

(b)  “approved body” means a person or body specified in the Schedule; and

(c)  “trained” means trained to set a snare in position and on the circumstances in which the setting of snares is an appropriate method of predator control for the purposes of section 11A(4) of the 1981 Act.

Training certificates

2.  — A person is trained when that person holds a training certificate issued in accordance with paragraphs (2) and (3).

(2) The training certificate is issued by an approved body.

(3)The training certificate is issued to a person who the approved body determines (by examination or otherwise) is competent to—

(a)  select an appropriate location for a snare to be set;

(b)  set a snare in accordance with the law;

(c)  identify and remedy defects in the setting and use of a snare; and

(d)  set a snare in such a manner, and in such a place, that it is reasonable to expect that—

(i)  use of the snare is consistent with animal welfare; and

(ii)  the setting of the snare is an appropriate method of predator control.

(4) The approved body may have regard to training undertaken, or qualifications obtained, by the person before the coming into force of this Order when making a determination of competence for the purposes of paragraph (3).

(5) Where an approved body, having made a determination of competence in relation to the matters set out in paragraph (3), issued a training certificate on or after 1st May 2010 and before the coming into force of this Order, that training certificate is to be deemed to be a training certificate issued in accordance with paragraphs (2) and (3).

(a) 1981 c.69; section 11A is inserted by section 13 of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), and was brought into force by S.S.I. 2011/433, article 2(c) to the extent necessary to enable the Scottish Ministers to make provision by order under that section.

SCHEDULE

Approved bodies: British Association for Shooting and Conservation; Game & Wildlife Conservation Trust; Scottish Association for Country Sports; and the Scottish Gamekeepers Association.

The Order will be published by Her Majesty’s Stationery Office and will be available on the website of the Office of Public Sector Information ( http://www.opsi.gov.uk ).

Jonathan Young

The Scottish Government, Wildlife and Protected Areas, Natural Resources Division, Directorate for Environment and Forestry, Area 1-D North, Victoria Quay, Edinburgh, EH6 6QQ. Tel: 0131 244 2671.