The Environmental Protection (Restriction on Use of Lead Shot) (Scotland) (No. 2) Regulations 2004

Scottish Statutory Instrument 2004 No. 358 — creates 1 criminal offence.

Made

26 August 2004

In force from

Not determined

Extent

Not stated

Subject

Firearms, offensive weapons, explosives and poisons

Made under

Environmental Protection Act 1990, S.S.I. 2004/289

Explanatory note

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

These Regulations, which extend to Scotland only, prohibit the use of lead shot for shooting with a shot gun on or over wetlands (regulation 4). Regulation 2 contains definitions of terms referred to in the Regulations. Regulation 3 defines “wetlands” by reference to Article 1(1) of the Ramsar Convention (the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971), with further explanation of the terms “peatland” and “temporary” wetlands for the purposes of the Regulations. Article 1(1) states: For the purposes of this Convention wetlands are areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres. . The Ramsar Convention provides a detailed “Classification System for Wetland Types” which provides further guidance as to what constitutes a wetland. A copy of the Convention and the Classification System is available at http://www.ramsar.org/key_conv_e.htm. Regulation 5 creates the offence of contravention, or causing or permitting the contravention of regulation 4. It makes that offence punishable summarily with a fine not exceeding level 3 on the standard scale. Regulation 6 provides for offences which are committed by bodies corporate, partnerships and unincorporated associations and extends those offences to persons in control of such bodies in certain circumstances. Regulation 7 revokes the Environmental Protection (Restriction on Use of Lead Shot) (Scotland) Regulations 2004, which these Regulations replace. A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from Wildlife and Habitats Division, the Scottish Executive, Victoria Quay, Leith, EH6 6QQ. Copies have also been placed in the Scottish Parliament Information Centre, George IV Bridge, Edinburgh.

Offences created by this instrument

• Any person who contravenes regulation 4, or causes or permits another person to contravene that regulation, shall be… regulation 5 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Lead Shot Ammunition Commons · Westminster Hall · 8 December 2015 · Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)

  It is a pleasure to serve under your chairmanship, Mr Davies, and to be acting as picker-up for this debate. The hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones) certainly has not just walked up to the issue; he has done a lot of research. In his speech, he made the case that we should see more non-toxic ammo and said that there are indeed traces of lead in food. He talked about the risks to pregnant women, saying that alternatives are available. In his view, time is up for lead shot and he put the ball firmly in DEFRA and the Department of Health’s court. The hon. Gentleman also…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2004