UK Offence Report

The Snares (Scotland) Order 2010

Scottish Statutory Instrument 2010 No. 8 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
20 January 2010
In force from
11 March 2010
Extent
Not stated
Subject
Dogs, animals, hunting and wildlife
Made under
Wildlife and Countryside Act 1981

Explanatory note

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

This Order makes provision about the use of snares. Article2 requires someone who sets a snare to check that it remains free‑running every 24 hours. It is an offence under section11(3E) of the Wildlife and Countryside Act 1981 to use a snare or to knowingly cause or permit someone else to use a snare without complying with the requirement specified in that article. It is an offence under section11(1)(aa) of the 1981 Act to set or otherwise use a snare in a manner calculated to cause unnecessary suffering to an animal. Article3 specifies that a snare is to be treated as having been used in such a manner if it is used without complying with articles4 and 5. Article4 requires a stop to be fixed to a snare before it is used. Article5 requires a snare to be staked in place or attached to another object to prevent it being dragged. Article6 specifies that a snare is to be treated as having been set in a manner which is calculated to cause unnecessary suffering to an animal if it is set in a location where a snared animal could become suspended or drown. A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Rural Directorate, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.

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

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