SP Bill 24 Session 6 (2023) 2 Wildlife Management and Muirburn (Scotland) Bill Part 1—Wildlife management (5) In this section, “glue trap” means a trap that— (a) is designed, or is capable of being used, to catch an animal other than an invertebrate, and (b) uses an adhesive substance as the means, or one of the means, of capture. 5 2 Offence of purchasing glue trap (1) It is an offence for a person, without reasonable excuse, to purchase (or otherwise acquire) a glue trap. (2) Subsection (1) does not apply where the glue trap— (a) is purchased (or otherwise acquired) for use outwith Scotland, and 10 (b) is to be delivered outwith Scotland. 1 (3) A person who commits an offence under subsection (1) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding £40,000 (or both), (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years 15 or to a fine (or both). (4) In this section, “glue trap” has the meaning given in section 1(5). 3 Forfeiture and disposal of glue traps (1) Where a person is convicted of an offence under section 1 or 2, the court may make an order for the forfeiture or disposal of a glue trap to which the offence relates. 20 (2) A constable may seize and retain a glue trap which may be the subject of an order for forfeiture under this section. (3) Where a court orders the disposal of a glue trap seized and retained under this Act by a constable, the glue trap may be disposed of in such manner as the chief constable considers appropriate. 25 (4) A sheriff or summary sheriff may, on an application of the chief constable, order the disposal (by any means the chief constable considers appropriate) of any glue trap seized and detained under section 1 or 2. (5) In this section— “chief constable” has the same meaning as in section 99(1) of the Police and Fire 30 Reform (Scotland) Act 2012, “constable” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012, “glue trap” has the meaning given in section 1(5).