Wildlife Management and Muirburn (Scotland) Bill: business and regulatory impact assessment

8. Regulatory and EU Alignment Impacts

Intra-UK Trade

The proposals relating to wildlife traps, grouse moor and muirburn licensing are not likely to impact on intra-UK trade.

On the provisions relating to glue traps; the UK Internal Market Act 2020 ("the IMA") provides that any goods that are lawfully sold in one part of the UK can also be sold in the other parts of the UK, as long as the goods comply with any statutory rules or regulations in the part of the UK in which they were produced or into which they were imported ("mutual recognition principle").

The IMA provides that provisions of an Act of the Scottish Parliament which contravene the market access principles (i.e., the mutual recognition principle or the non-discrimination principle) "do not apply" or "have no effect". The mutual recognition principle means that Scottish legislation banning a particular product would not prevent that product being sold in Scotland if it was lawfully produced in, or imported into, another part of the UK.

The current provisions in the Bill are therefore compliant with the IMA as they do not include a prohibition on the sale of glue traps. For a ban on the sale of glue traps to be compliant with the IMA, an exemption to the IMA for this purpose would need to be in place.

The Scottish Government is exploring the possibility of gaining an exemption with the UK Government and devolved administrations and should an exemption be granted; the Scottish Government intends to bring forward an amendment at Stage 2 or Stage 3 of the Bill to ban the sale of rodent glue traps in Scotland.

International Trade

The measures in the Bill are not likely to impact on international trade and investment

EU Alignment

The measures in the Bill are not likely to impact on the Scottish Government's policy to maintain alignment with the EU.