Title, commencement and interpretation

1.—(1) This Order may be cited as the Spring Traps Approval Order 1995 and shall come into force on 10th October 1995.

(2) Any reference in this Order to “the Schedule” is a reference to the Schedule to this Order.

Approval of spring traps

2.—(1) For the purposes of section 8(3) of the Pests Act 1954, the following spring traps are approved, namely—

(a)any spring trap of a type and make specified in any entry in column (1) of the Schedule; and

(b)any spring trap which is equivalent in all relevant respects to a spring trap of a type and make specified in any entry in column (1) of the Schedule.

(2) The approvals given by paragraph (1) of this article relating to any spring trap specified in any entry in column (1) of the Schedule, and to any spring trap equivalent in all relevant respects to a spring trap so specified are subject to the conditions as to the animals for which and the circumstances in which the spring trap may be used specified in the corresponding entry in column (2) of the Schedule.

(3) For the purposes of this Order, a spring trap is equivalent in all relevant respects to a spring trap of a type and make specified in the Schedule if it corresponds to the spring trap so specified in construction, in materials, in impact force or momentum, and in all other respects which are relevant to its effect or manner of operation as a trap.

Revocations

3.  The following instruments are revoked—

(a)the Spring Traps Approval Order 1975(2);

(b)the Spring Traps Approval (Variation) Order 1982(3);

(c)the Spring Traps Approval (Variation) Order 1988(4);

(d)the Spring Traps Approval (Variation) Order 1993(5).

Article 2

SCHEDULE

Explanatory Note

(This note is not part of the Order)

By virtue of section 8 of the Pests Act 1954 it is an offence to use in England and Wales for the purposes of killing or taking animals a spring trap other than one approved by an Order of the Minister of Agriculture, Fisheries and Food and the Secretary of State.

This Order revokes and replaces the Spring Traps Approval Order 1975 and subsequent amendments listed in article 3 (“the previous Orders”). Article 2 specifies approved traps, namely those listed in column (1) of the Schedule and others which are equivalent in all relevant respects to those so listed. The Order adds four types of traps to those approved under the previous Orders. Conditions attached to the approval of each type of trap are specified in column (2) of the Schedule. These have been amended from the conditions in the previous Orders so as to ensure that no trap could operate as a leghold trap as defined in Article 1 of Council Regulation (EEC) 3254/91 (OJ No. L308, 9.11.91, p.1) prohibiting the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of leghold traps or trapping methods which do not meet international humane trapping standards.