Scottish wildlife law review – latest update

2 March 2011

What’s it all about?

A major review of Scottish wildlife has taken place through the Wildlife and Natural Environment Bill. Once enacted the Bill will lead to the abolishment of outdated game licences, a reform of archaic poaching laws and the practice of catching up game birds for breeding stock will be legally recognised.

Vicarious liability will be introduced, which will make the employers of the perpetrators of raptor persecution accountable for the actions of their employees.

Attempts to use the Bill to ban snares, to restrict deer stalking and remove shooting rights have been defeated. A proposal to transfer some police powers to other agencies, such as the Scottish SPCA, was withdrawn but may be considered in more detail at a later stage.

The content of the Bill was developed after a major government consultation in 2009. The Bill was introduced to the Scottish Parliament on 9th June 2010 and since then it has passed through three stages of debate and amendment. The Bill passed Stage 1 on 2nd December 2010, Stage 2 on 19th January 2011 and Stage 3 on 2 March 2011.

Stage 3 version of the Wildlife and Natural Environment Bill

Scottish shooters welcome sensible approach to new wildlife legislation

What happens next?

In certain legal circumstances, having passed Stage 3 a Bill may be subject to a Further Consideration Stage. If that is not the case then the Stage 3 version of the Bill is the final content and the Bill is submitted for Royal Assent, at which point it becomes an Act.

Once the legal timetable is confirmed BASC will provide a briefing on when the changes in law most relevant to shooters come into effect.  These changes will be phased in to allow sufficient time for them to be prepared for understood by everybody affected by them. For example, it could be two years before the requirement to be trained and accredited to use snares, and to have them tagged, would be a legal requirement.

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