Detailed Provisions Part 2: Trail hunting Section 15: Power to modify meaning of trail hunting
145.Section 15(1) confers a power on the Scottish Ministers to modify section 14 by regulations so as to include in the definition of trail hunting (which is set out at section 14(2)) a scent other than an animal-based scent (as defined in section 14(2)). This could include, for example, scents such as aniseed or the scent of a human runner.
146.Under subsection (2), regulations may only be made if the Scottish Ministers consider that modifying the definition of trail hunting would contribute towards the protection of wild mammals from unlawful hunting using dogs. Therefore, there will need to be some evidence that scents other than animal-based scents (as defined in section 14(2)) are being used in activities which deliberately or otherwise lead to the unlawful hunting of wild mammals using dogs.
147.Regulations under subsection (1) are subject to affirmative procedure by virtue of subsection (3).
148.Subsection (4) requires the Scottish Ministers to consult such persons as they consider appropriate before laying a draft of a Scottish statutory instrument containing regulations. This could include for example consulting with Police Scotland.
149.Subsection (5)(a) provides that regulations may make different provision for different purposes: for example, the regulations could make different provisions depending on the context in which an activity is being carried out, in order to exclude activities such as training of police dogs from the scope of the new provisions.
150.Subsection (5)(b) provides that the regulations may modify this Part of the Act, and may also modify the sections elsewhere in the Act which list relevant offences, in case those references require to be updated to reflect changes made by the regulations.
151.Subsection (5)(c) provides that the regulations may make the ancillary provision listed in that paragraph, including provision for exceptions to the offences in section 14. This will allow the regulations to create new exceptions if required, for example to allow the lawful continuation of activities which involve the use of scents specified in the regulations but which do not cause any harm to wild mammals.