UK Offence Report

The Humane Trapping Standards Regulations (Northern Ireland) 2019

Northern Ireland Statutory Rule 2019 No. 68 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
27 March 2019
In force from
31 May 2019
Extent
Not stated
Subject
Dogs, animals, hunting and wildlife
Made under
European Communities Act 1972

Explanatory note

(This note is not part of these Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations amend the Wildlife (Northern Ireland) Order 1985 (the Order) in order to implement in Northern Ireland requirements contained in the Agreement on international humane trapping standards concluded between the European Community, the Government of Canada and the Government of the Russian Federation (“the Agreement”). The Regulations restate the existing prohibitions in Article 12 of the Order (animals which may not be killed or taken by certain methods) in relation to the animals listed in Schedule 6, without substantively adding to them. It introduces a prohibition on using or setting in position any trap or snare for the purpose of killing or taking Stoat (otherwise known as Ermine) which is listed in a new Schedule 6A to the Order. The Stoat is protected under the Agreement together with the Badger, the Otter and the Pine Marten, which are already listed in Schedule 6 to the Order. All four species are now listed in Schedule 6A. The prohibitions in Article 12(2)(a) and (b) (as revised) (relating to using or setting in position a trap or snare) do not apply in relation to any animal specified in Schedule 6A where the use or setting of the trap is under and in accordance with a licence issued by the Department and the trap or snare is of a certified type and make, or is constructed by the person using it and which complies with a design approved by the Department (as the case may be) (see Article 18(3) together with new 18(3C) of the Order). This is subject to the exemption in new Article 18(3J) of the Regulations relating to the grant of individual licences, where in the opinion of the Department the licence does not undermine the objectives of the agreement. For this purpose, a trap or snare is one of a certified type and make if its type and make are for the time being certified as conforming, when used in accordance with any instructions specified by the manufacturer, to the humane trapping standards set out in Annex I to the Agreement. The Regulations contains a transitional provision, by virtue of which the requirement in new Article 18(3C) of the Order for traps and snares to be of a certified type and make, if not constructed by the user and of a design approved by the Department, does not apply to Stoat until 1st April 2020. A full impact assessment of the effect this instrument will have on the costs of business and on the private, voluntary or public sectors is available at www.gov.uk and is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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