Section 8 Restriction on type of trap in England and Wales.

England and Wales

(1)

Subject to the provisions of this section, a person shall be guilty of an offence under this subsection if, . . . F1, either—

(a)

for the purpose of killing or taking animals, he uses, or knowingly permits the use of, any spring trap other than an approved trap, or uses, or knowingly permits the use of, an approved trap for animals or in circumstances for which it is not approved; or

(b)

he sells, or exposes or offers for sale, any spring trap other than an approved trap with a view to its being used for a purpose which is unlawful under the foregoing paragraph; or

(c)

he has any spring trap in his possession for a purpose which is unlawful under this subsection.

(2)

A person guilty of an offence under the foregoing subsection shall be liable on summary conviction to a fine not exceeding F2level 3 on the standard scale or, if he has been previously convicted of such an offence, a fine not exceeding level 3 on the standard scale.

(3)

In subsection (1) of this section any reference to an approved trap refers to a trap of a type and make for the time being specified by order of the Minister of Agriculture and Fisheries as approved by him either generally or subject to conditions as to the animals for which or the circumstances in which it may be used, and any reference to the animals or circumstances for which a trap is approved shall be construed accordingly.

F3(3A)

An order made under subsection (3) may not specify any type or make of trap as approved if the trap is a leghold trap.

(4)

Paragraph (a) of subsection (1) of this section shall not render unlawful the experimental use of a spring trap under and in accordance with a licence or authority given by the Minister of Agriculture and Fisheries to enable a trap to be developed or tested with a view to its being approved under the last foregoing subsection.

(5)

Subsection (1) of this section shall not apply to traps of any description specified by order of the Minister of Agriculture and Fisheries as being adapted solely for the destruction of rats, mice or other small ground vermin.

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(7)

Any order under this section . . . F5may be varied or revoked by a subsequent order of the Minister of Agriculture and Fisheries.

(8)

The power of the Minister of Agriculture and Fisheries to make orders under this section shall be exercisable by statutory instrument which, in the case of an order made under subsection (5) or varying or revoking an order so made, shall be subject to annulment by resolution of either House of Parliament.

F6(8A)

In subsection (3A), “leghold trap” means a device designed to restrain or capture an animal by means of jaws which close tightly upon one or more of the animal’s limbs, thereby preventing withdrawal of the limb or limbs from the trap.

(9)

This section applies to England and Wales, but not to Scotland.

Annotations

Textual amendments

F1: Words repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. VIII
F2: Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31, Sch. 6 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F3: S. 8(3A) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 7(a)
F4: S. 8(6) repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. VIII
F5: Words repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. VIII
F6: S. 8(8A) inserted (28.3.2019) by The Humane Trapping Standards Regulations 2019 (S.I. 2019/22), regs. 1(1), 7(b)