Back to the Scottish Parliament Business Bulletin No. 188/2010: Thursday 16 December 2010
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Section G – Bills

New amendments to Bills lodged on 15 December 2010

Wildlife and Natural Environment (Scotland) Bill – Stage 2

Section 3

Roseanna Cunningham

1 In section 3, page 2, line 32, after <a> insert <grouse,>

Roseanna Cunningham

2 In section 3, page 2, line 32, leave out <, pheasant or red grouse> and insert <or pheasant>

Roseanna Cunningham

3 In section 3, page 3, line 17, at end insert—

<( ) In section 5(5) (use of cage traps or nets for breeding purposes), for "game bird" substitute "grouse, mallard, partridge or pheasant included in Part I of Schedule 2".>

Roseanna Cunningham

4 In section 3, page 3, line 17, at end insert—

<( ) In section 26 (regulations, orders, notices etc.)—

(a) in subsection (2)—

(i) after "than" insert "—

(a) an order under any of",

(ii) for "and" substitute "or",

(iii) after "11(4)" insert "; and

(b) an order under section 22(1)(a) which removes from Part I of Schedule 2 black grouse, common pheasant, grey partridge, ptarmigan, red grouse or red-legged partridge",

(b) in subsection (3)—

(i) after "No" insert "—

(a)",

(ii) after "11(4)" insert "; or

(b) order under section 22(1)(a) which removes from Part I of Schedule 2 any bird referred to in paragraph (b) of subsection (2),".>

Section 6

Roseanna Cunningham

5 In section 6, page 9, line 6, at end insert—

<(7) Nothing in section 10A makes unlawful—

(a) anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or

(b) anything done under, or in pursuance of an order made under, the Animal Health Act 1981.".>

Section 7

Roseanna Cunningham

6 In section 7, page 9, line 21, leave out <11D> and insert <11DA>

Roseanna Cunningham

7 In section 7, page 9, line 39, at end insert—

<(3) Nothing in section 11E makes unlawful—

(a) anything done in pursuance of a requirement by the Scottish Ministers under section 39 of the Agriculture (Scotland) Act 1948; or

(b) anything done under, or in pursuance of an order made under, the Animal Health Act 1981.".>

Section 13

Elaine Murray

8 In section 13, page 13, line 5, at end insert—

<(c) on being satisfied that the applicant has found such other methods for the capture and control of wild animals, as the Scottish Ministers may determine, to be ineffective,>

Elaine Murray

9 In section 13, page 13, line 23, at end insert—

<(ba) what other methods for the control and capture of wild animals an applicant for an identification number must find to be ineffective before making such an application,

(bb) how a chief constable is to be satisfied that an applicant for an identification number has found other methods for the control and capture of wild animals to be ineffective,>

Roseanna Cunningham

10 In section 13, page 15, line 4, at end insert—

<11DA Snaring: review and report to the Scottish Parliament

(1) The Scottish Ministers must carry out, or secure the carrying out by another person of, a review of the operation and effect of—

(a) section 11 and any orders made under that section (in so far as the section and the orders make provision as regards snaring);

(b) sections 11A, 11B, 11C and 11D and any orders made under those sections.

(2) The review must be carried out no later than 31st December 2016.

(3) In carrying out the review, the matters that must be considered include whether in the opinion of the Ministers (or, if the review is being carried out by another person, that person) amendment of this Act or enactment of other legislation is appropriate.

(4) In carrying out the review, the Scottish Ministers (or, if the review is being carried out by another person, that person) must consult such persons and organisations as they consider (or, as the case may be, the other person considers) have an interest in it.

(5) The Scottish Ministers must, as soon as practicable after 31st December 2016, lay a report of the review before the Scottish Parliament.".>

Elaine Murray

11 In section 13, page 15, line 4, at end insert—

<11DA Duty to review snaring regime

(1) The Scottish Ministers must review and publish a report on the operation of the snaring regime—

(a) within 2 years of section 13 (snares) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 00) coming into force, and

(b) within each subsequent period of 2 years beginning with the publication of a report.

(2) When carrying out a review, the Scottish Ministers must—

(a) have regard to the incidence of offences under section 11(1A);

(b) have regard to the extent to which snares are catching types of animal which they are not intended to catch; and

(c) consult chief constables and any other such person as they consider appropriate.

(3) The Scottish Ministers must have regard to their most recent report when performing functions under the snaring regime.

(4) In this section, "snaring regime" means the provisions of this Part relating to snaring.>

Elaine Murray

12 In section 13, page 15, line 4, at end insert—

<11DA Duty to review snaring regime

(1) The Scottish Ministers must review and publish a report on the operation of the snaring regime—

(a) within 5 years of section 13 (snares) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 00) coming into force, and

(b) within each subsequent period of 5 years beginning with the publication of a report.

(2) When carrying out a review, the Scottish Ministers must—

(a) have regard to the incidence of offences under section 11(1A);

(b) have regard to the extent to which snares are catching types of animal which they are not intended to catch; and

(c) consult chief constables and any other such person as they consider appropriate.

(3) The Scottish Ministers must have regard to their most recent report when performing functions under the snaring regime.

(4) In this section, "snaring regime" means the provisions of this Part relating to snaring.>

Elaine Murray

13 In section 13, page 15, line 4, at end insert—

<11DB Snares: Scottish Ministers powers to ban use of snares

(1) The Scottish Ministers may by order ban the use, sale, offer for sale or exposure for sale of any snare by any person whether or not that person is authorised to do so under the provisions of this Part.

(2) An order under subsection (1) must—

(a) specify the term of the ban;

(b) define the understanding of snare;

(c) define the understanding of use, sale, offer for sale and exposure for sale; and

(d) make provision for the monitoring of the ban.

(3) An order under subsection (1) must not be made unless a draft of the statutory instrument containing the subordinate legislation has been laid before, and approved by resolution of, the Scottish Parliament.

(4) Before laying a draft instrument before the Parliament under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.

(5) For the purposes of such a consultation, the Scottish Ministers must—

(a) lay a copy of the proposed draft instrument before the Parliament,

(b) send a copy of the proposed draft instrument to any person to be consulted under subsection (4), and

(c) have regard to any representations about the proposed draft instrument that are made to them within 60 days of the date on which the copy of the proposed draft instrument is laid before the Parliament.

(6) In calculating any period of 60 days for the purposes of subsection (5)(c), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.

(7) When laying a draft instrument before the Parliament under subsection (1), the Scottish Ministers must also lay before the Parliament an explanatory document giving details of—

(a) the consultation carried out under subsection (4),

(b) any representations received as a result of the consultation, and

(c) the changes (if any) made to the proposed draft instrument as a result of those representations.>

After section 20

Elaine Murray

14 After section 20, insert—

<Functions of conservation bodies

Functions of conservation bodies

In section 24 of the 1981 Act (functions of GB conservation bodies), in subsection (1)—

(a) for the word "5" substitute "A1, 1, 2, 3, 4, 5, 5A, 6, 6A"

(b) after "opinion" insert—

"(za) any bird should be added to, or removed from, Schedule A1;

(zaa) any bird should be added to, or removed from, Schedule 1;

(zab) any bird should be added to, or removed from, Schedule 2;

(zac) any bird should be added to, or removed from, Schedule 3;

(zad) any bird should be added to, or removed from, Schedule 4;"

(c) after paragraph (a) insert—

"(aa) any animal should be added to, or removed from Schedule 5A;

(ab) any animal should be added to, or removed from Schedule 6;

(ac) any animal should be added to, or removed from Schedule 6A;">

Section 21

Roseanna Cunningham

15 In section 21, page 29, line 33, at end insert—

<( ) The modifications in Part 1 of the schedule have effect.>

Roseanna Cunningham

16 In section 21, page 29, line 34, after <of> insert <Part 2 of>

Schedule

Roseanna Cunningham

17 In the schedule, page 50, line 3, at end insert—

<Part 1

MODIFICATIONS

In section 39(2) of the Agriculture (Scotland) Act 1948 (c.45), in the proviso, for the words from "game" to the end substitute "—

(a) black grouse, common pheasant, grey partridge, ptarmigan, red grouse or red-legged partridge in the close season for that bird (within the meaning of section 2(4) of the Wildlife and Countryside Act 1981 (c.69)); or

(b) brown hare or mountain hare in close season for that hare (within the meaning of section 10A(2) of that Act);

and for the purposes of subsection (1) a person is not deemed not to have the right to comply with a requirement falling within this proviso by reason only that, apart from the proviso, compliance with the requirement would constitute an offence under section 1 or (as the case may be) 10A(1) of that Act".>

After section 27

Elaine Murray

18 After section 27, insert—

<Biodiversity

Duty to further the conservation of biodiversity

In section 1 (duty to further the conservation of biodiversity) of the 2004 Act, in subsection (2)—

(a) the word "and" immediately following paragraph (a) is repealed,

(b) in paragraph (b), after "Convention)", insert "and

(c) the ecological coherence and connectivity of features of value to biodiversity.">

New Bills introduced or reprinted on 15 December 2010

Historic Environment (Amendment) (Scotland) Bill—The Bill was reprinted as amended at Stage 2 (SP Bill 43A) (Executive Bill).

Forth Crossing Bill—The Bill was reprinted as passed (SP Bill 33B) (Hybrid Bill).

Contents An A B C D E F G H I J