UK Offence Report

The Wildlife Management and Muirburn (Scotland) Act 2024 (Commencement No. 4, Transitional and Saving Provisions) and the Natural Environment (Scotland) Act 2026 (Commencement No. 1) Regulations 2026

Scottish Statutory Instrument 2026 No. 200 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
4 June 2026
In force from
18 June 2026
Extent
Not stated
Subject
Dogs, animals, hunting and wildlife
Made under
C. 20) NATURE CONSERVATION The Wildlife Management and Muirburn (Scotland) Act 2024, Natural Environment (Scotland) Act 2026, Transitional and Saving Provisions) and the Natural Environment (Scotland) Act 2026, Wildlife Management and Muirburn (Scotland) Act 2024

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.

The Bill for the Wildlife Management and Muirburn (Scotland) Act 2024 (“the 2024 Act”) received Royal Assent on 30 April 2024. Sections 35 and 36 of the 2024 Act came into force the following day. The Bill for the Natural Environment (Scotland) Act 2026 (“the 2026 Act”) received Royal Assent on 12 March 2026. Sections 57, 58, 59 and 60 came into force the following day. Regulation 2 brings into force sections 55 and 56 (muirburn) of the 2026 Act. These sections amend Part 2 (muirburn licensing) of the 2024 Act by making changes to the licensable purposes for muirburn, the circumstances in which muirburn is prohibited during the off season and the licensing test to be applied where muirburn is being made on peatland. As these provisions amend the muirburn licensing regime under the 2024 Act they are commenced on 18 June 2026 ahead of Part 2 of the 2024 Act being commenced. Part 2 of the 2024 Act establishes a new licensing scheme for carrying out muirburn. Section 20 of the 2024 Act provides that, for the purposes of Part 2, the muirburn season is the period of time from 15 September in any year to 31 March the following year. These Regulations bring into force sections 13, 14, 15, 16, 17, 19 (for a specific purpose), 20 and 22 on 15 July 2026. This will enable the submission, consideration and determination of licences ahead of the commencement of section 12 which makes it an offence for a person to make muirburn without a licence. These Regulations also commence sections 12, 19 (for all remaining purposes), 23, 24 (for all remaining purposes) and 29 (for all remaining purposes) on 15 September 2026. Section 23 of the 2024 Act repeals the relevant provisions of the Hill Farming Act 1946 (“the 1946 Act”), which make provision for the previous muirburn regime, including the ability to apply for out of season muirburn licences, which is being replaced by Part 2 of the 2024 Act. Regulation 4 is a transitional provision, the effect of which is that muirburn licences granted under section 14 of the 2024 Act will not have effect until 15 September 2026 or such later date as specified on the licence. Regulation 5 is a saving and transitional provision that applies in relation to applications for licences under the 1946 Act that were made but not determined prior to 15 September 2026, and licences granted under the 1946 Act prior to 15 September 2026. The effect of this provision is that the muirburn licensing scheme under the 1946 Act continues to operate as it did immediately prior to 15 September 2026 for the purposes of the determination of any such application and for the making of muirburn in accordance with any such licence. Applications to make muirburn before 15 September 2026 will continue to be required under the 1946 Act licensing regime. Applications to make muirburn on or after 15 September could be made either under the 1946 Act (until 14 September 2026) or under the 2024 Act (from 15 July 2026). Where the 1946 Act continues to be relied upon, in accordance with regulation 5, Part 2 of the 2024 Act will not apply. However, if an application is made under the 2024 Act, the 2024 Act will apply and the 1946 Act will not.

Offences created by this instrument

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