Commentary on provisions of Act Section 1: Offences relating to glue traps in England
Subsection (1) sets out the central prohibition in the Act, making it an offence to set a glue trap in England for the purpose of catching a rodent.
	Subsection (2) sets out a further prohibition, making it an offence to set a glue trap in England in a manner which gives rise to a risk that a rodent will become caught in the glue trap.
	Subsection (3) clarifies that the offences in subsections (1) and (2) do not apply if the glue trap is set in accordance with the terms of a glue trap licence, issued under section 2.
	Subsection (4) makes it an offence to knowingly cause or permit an offence to be committed under subsection (1) or (2).
	Subsection (5) makes it an offence for a person who finds a glue trap in England that has been set in a manner which gives rise to a risk that a rodent will become caught in the glue trap, to fail to ensure that the glue trap no longer gives rise to such a risk, unless the person has a reasonable excuse for failing to do so.
	Subsection (6) clarifies that if a person believes that the glue trap was set under, and in accordance with the terms of, a glue trap licence, the person has a reasonable excuse for the purposes of subsection (5).
	Subsection (7) specifies that a person guilty of an offence under subsection (1), (2) or (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine of any amount (or both).
	Subsection (8) specifies that a person guilty of an offence under subsection (5) is liable on summary conviction to a fine of any amount.
	However, until section 281(5) of the Criminal Justice Act 2003 comes into force, the maximum custodial sentence under subsection (7) will be six months (see subsection (9)).
	Subsection (10) makes provision for post-conviction orders. Where a person has been convicted of an offence under this section, the court must make a forfeiture order requiring that person to forfeit any glue trap in their possession or control which has been used in the course of, or in connection with, that offence. The court may also order that person to forfeit any other glue trap in their possession or control.
	Subsection (11) defines a glue trap as being a trap which is designed, or is capable of being used, to catch a rodent, and uses an adhesive substance as the means, or one of the means, of capture.