Citation and commencement

1.-(1) This Order may be cited as the Spring Traps Approval (Scotland) Amendment Order 2018.

(2) With the exception of article 6, this Order comes into force on 3 January 2019.

(3) Article 6 comes into force on 1 April 2020.

Amendment of the Spring Traps Approval (Scotland) Order 2011

2.  The schedule of the Spring Traps Approval (Scotland) Order 2011(2) is amended in accordance with articles 3 to 6.

3.-(1) In entry 1 (BMI Magnum 55), in Column (2) (Conditions), after "rats" insert ", grey squirrels".

(2) In entry 4 (DOC 150), for the conditions in Column (2), substitute-

"The trap is to be used only for the purpose of killing or taking grey squirrels, rats, stoats and weasels. Where used in a closed-end tunnel configuration, the trap may be used only for the purposes of killing or taking grey squirrels, rats, stoats and weasels. Where used in a run-through configuration, the trap may be used only for the purpose of killing or taking rats, stoats and weasels, the trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species. The tunnel may be closed-end or a run-through configuration. The tunnel must include an internal baffle arrangement that conforms to the type described in the Department of Conservation's design specifications as set out in their trap use instructions published on the website of Science and Advice for Scottish Agriculture on 1st January 2019. The trap must be positioned in relation to the baffle or baffles and to the side of the tunnel so that it conforms with those specifications.".

(3) In entry 5 (DOC 200 and DOC 250), for the conditions in Column (2), substitute-

"The traps are to be used only for the purpose of killing or taking grey squirrels, mink, rats, stoats and weasels. Where used in a closed-end tunnel configuration, the trap may only be used for the purpose of killing or taking grey squirrels, mink, rats, stoats and weasels. Where used in a run-through configuration, the trap may be used only for the purpose of killing or taking rats, stoats and weasels. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of capturing, killing or injuring non-target species whilst not compromising the killing or taking of target species. The tunnel may be closed - end or a run-through configuration. The tunnel must include an internal baffle arrangement that conforms to the type described in the Department of Conservation's design specifications as set out in their trap use instructions published on the website of Science and Advice for Scottish Agriculture on 1st January 2019. The trap must be positioned in relation to the baffle or baffles and to the side of the tunnel so that it conforms with those specifications.".

(4) In entry 6 (Fenn Vermin Trap Mark I, Vermin Trap Mark II, Vermin Trap Mark III and Vermin Trap Mark IV (Heavy Duty))-

(a)In column (1) (type and make of trap) omit "Vermin Trap Mark I, Vermin Trap Mark II, Vermin Trap Mark III and",

(b)In column (2) for "traps are" substitute "trap is".

(5) In column (2) of entry 12 (Kania Trap 2000), for "and used in such a way that minimises" substitute "entered via an artificial or natural tunnel suitable for minimising".

4.-(1) After entry 5 (DOC 200 and DOC 250 Trap), insert the following entry-

(2) After entry 9 (Fuller Trap), insert the following entries-

(3) After entry 13 (Kania Trap 2500), insert the following entries-

(4) After entry 16 (Nooski mouse trap), insert the following entry-

(5) After entry 22 (Springer No 6 Multi-purpose), insert the following entry-

5.  Omit the following entries-

(a)10 (Imbra Trap Mark I and Mark II);

(b)11 (Juby Trap);

(c)14 (Lloyd Trap); and

(d)17 (Sawyer Trap).

6.  In the following entries, in Column (2), omit "stoats,"-

(a)2 (BMI Magnum 110);

(b)3 (BMI Magnum 116);

(c)6 (Fenn Vermin Trap Mark IV (Heavy Duty));

(d)7 (Fenn Vermin Trap Mark VI (Dual Purpose));

(e)12 (Kania Trap 2000);

(f)13 (Kania Trap 2500);

(g)19 (Solway Spring Trap Mk 4);

(h)20 (Solway Spring Trap Mk 6);

(i)21 (Springer No 4 Multi-purpose (Heavy Duty));

(j)22 (Springer No 6 Multi-purpose); and

(k)25 (WCS Tube Trap International).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Spring Traps Approval (Scotland) Order 2011 ("the 2011 Order"). It comes into force on the 3 January 2019 with the exception of article 6, which comes into force on the 1 April 2020.

The 2011 Order specifies the types and makes of trap which are approved for use under section 50(1)(b) of the Agriculture Act 1948 (" the 1948 Act"). It is an offence to use a spring trap which is not approved for the purposes of that section and section 50(1) (c) of the 1948 Act creates offences relevant to unlawful use. This order makes amendments to the categories of trap which are approved for use and the conditions to which the use of particular traps are subject.

The Order was notified in draft to the European Commission and other Member States in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services(3).

No business and regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is anticipated.