Subordinate Legislation Committee

Meeting date: Tuesday, May 8, 2012

Official Report 267KB pdf

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Instruments subject to Negative Procedure

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Snares (Training) (Scotland) Order 2012 (SSI 2012/124)

The order designates the Scottish Gamekeepers Association as an approved training body for the purposes of section 11A of the Wildlife and Countryside Act 1981. A training certificate is required from an approved body before a person can be registered with the chief constable to lawfully set snares.

It appears that it is the intention that training of the type that is mentioned in the order is to be provided by the associated but distinct company, the Scottish Gamekeepers Association Charitable Trust, and that it was intended that the latter body be designated by the order. However, the charitable trust has not been designated as an approved body, as it is not properly listed in the schedule to the order. To that extent, the order could be considered to be defectively drafted.

Does the committee therefore agree to draw the order to the attention of the Parliament under reporting ground (i), as its drafting appears to be defective?

Members indicated agreement.

The committee notes that, as the prohibition on unregistered persons setting snares does not come into force until 1 January 2013, there is time to rectify the matter. It further notes that the Government has given a commitment to do so without specifying when that will occur.

Does the committee agree to encourage the Government to take corrective action before that date?

Members indicated agreement.

I agree and, as someone who was heavily involved in consideration of the Wildlife and Natural Environment (Scotland) Bill, I think that the Government’s explanation, the final part of which says that it is likely that other bodies will seek to become approved as providers of training in snaring, so the necessary amendment could be made at that time, is entirely reasonable.

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Planning etc (Scotland) Act 2006 (National Parks) (Consequential Provisions) Order 2012 (SSI 2012/117)

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Bankruptcy Fees etc (Scotland) Regulations 2012 (SSI 2012/118)

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Food Additives (Scotland) Amendment Regulations 2012 (SSI 2012/119)

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Education (Provision of Information as to Schools) (Scotland) Revocation Regulations 2012 (SSI 2012/129)

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Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment Order 2012 (SSI 2012/131)

The committee agreed that no points arose on the instruments.