Regulation of certain wildlife traps 35 4 Regulation of certain wildlife traps (1) The Wildlife and Countryside Act 1981 is amended as follows. (2) After section 12 insert— 3 Wildlife Management and Muirburn (Scotland) Bill Part 1—Wildlife management “Wildlife trap licensing 12A Requirements for use of traps (1) A person who uses a trap to which this section applies, for the purpose of killing or taking a wild bird or wild animal that can otherwise be lawfully 5 killed or taken by those means, must have a wildlife trap licence. (2) This section applies to the following traps— (a) a trap for the purpose of taking wild birds, (b) a trap approved by an order made under section 50 of the Agriculture (Scotland) Act 1948 for the purposes of that section (other than a trap 10 of a description specified in an order made under subsection (7) of that 1 section). (3) A person who fails to comply with subsection (1) is guilty of an offence. (4) A person who uses a trap to which this section applies must ensure— (a) that the wildlife trap licence number of the person is displayed (in a 15 manner in which it will remain readable at all times) either— (i) directly on the trap, or (ii) on a tag that is fitted on the trap in such a manner that it is not capable of being easily removed from the trap, and (b) that the trap is used and monitored appropriately in accordance with the 20 approved training course for such a trap. (5) A person who— (a) has a wildlife trap licence and uses a trap to which this section applies, but (b) fails to comply with subsection (4) in any respect, 25 is guilty of an offence. (6) It is a defence for a person charged with an offence under this Part to show that— (a) the trap was used for the purpose of killing or taking a wild bird or wild animal which could be lawfully killed or taken by those means, 30 (b) the person had a wildlife trap licence and complied with subsection (4), and (c) the person took all reasonable steps to prevent the killing, taking or injury of any other animal (other than an invertebrate) not intended to be taken by the trap. 35 (7) The wildlife trap licence number which is displayed on a trap to which this section applies, or on a tag fitted to such a trap, is presumed in any proceedings to be the wildlife trap licence number of the person who used the trap. (8) The Scottish Ministers may by regulations amend subsection (2) to add, modify or remove traps (or descriptions of traps) to which this section applies. 40 (9) Before making regulations under subsection (8), the Scottish Ministers must consult Scottish Natural Heritage and such persons as they consider likely to be interested in or affected by wildlife trap licensing. 4 Wildlife Management and Muirburn (Scotland) Bill Part 1—Wildlife management (10) In this section— “approved training course” means a course approved under section 12E, “wildlife trap licence” means a licence granted under section 12C(1) and “wildlife trap licence number” is to be construed accordingly. 5 12B Application for wildlife trap licence (1) An application for a wildlife trap licence must— (a) be made to the relevant authority, (b) be made in such manner and form as the relevant authority may require, (c) contain or be accompanied by such information as the relevant authority 10 may require, 1 (d) be accompanied by payment of such reasonable fee as the relevant authority may require. (2) The relevant authority must publicise any requirements which are for the time being set under subsection (1)(b), (c) or (d). 15 (3) In this section, “relevant authority” means— (a) the Scottish Ministers, or (b) where the Scottish Ministers have delegated (by virtue of section 16A) their functions under this section, Scottish Natural Heritage. 12C Grant and content of wildlife trap licence 20 (1) The relevant authority may, on receipt of an application under section 12B, grant or renew a wildlife trap licence if— (a) the applicant has completed an approved training course in respect of the type of trap in question, and (b) it is satisfied that it is appropriate to do so. 25 (2) A person may be issued with the same wildlife trap licence number— (a) in respect of different types of traps (but must make an application and complete the approved training course in respect of each type), and (b) in respect of the renewal of an existing wildlife trap licence. (3) A wildlife trap licence granted or renewed under subsection (1)— 30 (a) must— (i) specify the person to whom the licence is granted, (ii) specify the wildlife trap licence number, (iii) identify the type (or types) of wildlife traps to which the licence applies, 35 (iv) specify any conditions the relevant authority considers appropriate to attach to the licence, (b) may be granted or renewed for a period not exceeding 10 years. 5 Wildlife Management and Muirburn (Scotland) Bill Part 1—Wildlife management (4) In this section— “approved training course” means a course approved under section 12E, “relevant authority” means— (a) the Scottish Ministers, or 5 (b) where the Scottish Ministers have delegated (by virtue of section 16A) their functions under this section, Scottish Natural Heritage. 12D Modification, suspension and revocation of licence (1) The relevant authority may— (a) modify a wildlife trap licence at any time, 10 (b) suspend or revoke a wildlife trap licence if— 1 (i) the licence holder fails to comply with any conditions attached to the licence, (ii) the relevant authority is satisfied that the licence holder has committed a relevant offence, 15 (c) suspend a wildlife trap licence if, despite the relevant authority not being satisfied as mentioned in paragraph (b)(ii)— (i) there is an official investigation or proceedings in relation to a suspected relevant offence, and (ii) the relevant authority is satisfied that if the suspect in the 20 investigation or (as the case may be) the accused in the proceedings were to be convicted of the relevant offence, the relevant authority would then be satisfied as mentioned in paragraph (b)(ii). (2) The relevant authority must— (a) notify the licence holder of the modification, suspension or revocation 25 of the person’s wildlife trap licence, and (b) specify in the notice the date...