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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Environmental Protection (Restriction on Use of Lead Shot) (Scotland) Regulations 2004 No. 289 URL: http://www.bailii.org/scot/legis/num_reg/2004/20040289.html |
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Made | 10th June 2004 | ||
Laid before the Scottish Parliament | 11th June 2004 | ||
Coming into force | 1st September 2004 |
Wetlands
3.
- (1) Subject to paragraph (2) "wetlands" has the meaning given in Article 1.1 of the Ramsar Convention.
(2) For the purposes of these Regulations only the reference in that Article to-
Prohibition on use of cartridges containing lead shot
4.
No person shall use lead shot for the purpose of shooting with a shot gun on or over wetlands.
Powers of investigation etc: police
5.
- (1) A constable who suspects with reasonable cause that any person is committing or has committed an offence under these Regulations may without warrant-
(2) A constable who suspects with reasonable cause that any person is committing or has committed an offence under these Regulations may, for the purpose of exercising the powers conferred by paragraph (1), enter any land other than a dwelling or lockfast premises.
(3) If a sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for suspecting that an offence under these Regulations has been committed and that evidence of the offence may be found on any premises other than a dwelling, the sheriff or justice may grant a warrant authorising a constable to enter those premises, if necessary using reasonable force, and search them for the purposes of obtaining that evidence.
(4) A warrant under paragraph (3) continues in force until the purpose for which the entry is required has been satisfied, or, if earlier, the expiry of such period as the warrant may specify.
(5) A constable who enters any land in the exercise of a power conferred by this regulation-
for the purpose of assisting the constable in the exercise of that power; and
(b) may take samples of any articles or substances found there and remove the samples from the land.
(6) A power specified in paragraph (5)(a) or (b) which is exercisable under a warrant is subject to the terms of the warrant.
Duty to secure land
6.
A constable on leaving any land which has been entered in exercise of a power conferred by regulation 5(2), or by a warrant granted under regulation 5(3), which is either unoccupied or whose occupier is temporarily absent, shall leave the land as effectually secured against unauthorised entry as the constable found it.
Offences
7.
Any person who contravenes regulation 4 above or causes or permits another person to contravene that regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Offences by bodies corporate etc.
8.
- (1) Where an offence under regulation 7 committed-
(b) by a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who-
(c) by an unincorporated association other than a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who-
the individual (as well as the body corporate, Scottish partnership or, as the case may be, unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.
(3) Any penalty imposed on a body corporate, Scottish partnership or, as the case may be, unincorporated association on conviction of an offence under this Part is to be recovered by civil diligence in accordance with section 221 of the Criminal Procedure (Scotland) Act 1995[4].
ALLAN WILSON
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
10th June 2004
[2] The Advisory Committee on Hazardous Substances was established by S.I. 1991/1487.back
[3] As amended by the Protocol known as the Paris Protocol done at Paris on 3rd December 1982 and the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987.back
[5] The Ramsar Convention provides a detailed "Classification System for Wetland Types", which provides further guidance as to what constitutes a wetland.back
[6] Administrative guidance on the Regulations will be produced and published by the Scottish Environment and Rural Affairs Department of the Scottish Executive.back