Why the type of trap has a legal status
Homeowners and pest controllers often assume that any trap sold for rodents is lawful anywhere. In England and Wales, spring traps are regulated by statute, and the rules depend on the trap type and the animal targeted. This article summarises section 8 of the Pests Act 1954, the Small Ground Vermin Traps Order 1958 and the Spring Traps Approval (England) Order 2018, all as published on legislation.gov.uk. Section 8 is marked as applying to England and Wales but not Scotland, and the 2018 Order states that it applies to England only. The position in Scotland, and the separate approval arrangements in Wales, are not covered here.
The basic offence
Under section 8, a person commits an offence if, for the purpose of killing or taking animals, they use, or knowingly permit the use of, a spring trap that is not an approved trap. The offence also applies to using an approved trap for animals or in circumstances for which it is not approved. Selling or offering for sale an unapproved spring trap with a view to unlawful use, and possessing a spring trap for an unlawful purpose, are also offences. The section sets the penalty on summary conviction as a fine not exceeding level 3 on the standard scale. An approved trap is one of a type and make specified by order, either generally or subject to conditions about the animals and circumstances of use. Section 8 also provides that no order may approve a leghold trap.
The exemption for ordinary rat and mouse traps
Section 8(5) disapplies the main offence for traps of any description specified by order as adapted solely for destroying rats, mice or other small ground vermin. The Small Ground Vermin Traps Order 1958 does that. Its schedule lists two categories: spring traps known as break-back traps and commonly used for destroying rats, mice or other small ground vermin, and spring traps of the kind commonly used for catching moles in their runs. The version on legislation.gov.uk is the original 1958 text.
In practical terms, the familiar snap trap on a kitchen floor is a break-back trap and falls within the category the 1958 Order describes, as does a mole trap of the kind used in runs. That does not mean any use is lawful: the Order concerns the approval requirement in section 8, not other rules such as those on protected species, or those on glue traps, which are covered in Glue Traps for Rats and Mice: What the Glue Traps (Offences) Act 2022 Changed in England.
Approved traps in England: the 2018 Order
Traps that go beyond the 1958 categories, such as tunnel traps and traps for grey squirrels, need approval. The Spring Traps Approval (England) Order 2018 came into force on 1 January 2019 and approves any spring trap of a type and make listed in Column 1 of its schedule, or any trap equivalent in all relevant respects in construction, materials and impact force or momentum. Legislation.gov.uk records amendments to the Order up to 1 June 2023.
The approval carries general conditions. The trap must be used in accordance with the manufacturer’s instructions, and, so far as practicable without unreasonably compromising its use against target species, it must be used in a way that minimises the likelihood of killing, taking or injuring non-target species. Further conditions appear beside each entry. Examples from the schedule show the pattern:
- The Fenn Vermin Trap Mark IV is approved only for killing grey squirrels, weasels, rats, mice and other small ground vermin, subject to exceptions for species listed in Schedule 5 or 6 to the Wildlife and Countryside Act 1981, and must be set in a natural or artificial tunnel suitable for the purpose. The schedule permits use against stoats only before 1 April 2020.
- The Goodnature A24 Pro is approved only for killing rats and mice, and must be placed so it can be entered only through a suitable artificial tunnel.
- The Aurotrap is approved only for killing rats.
The lesson from the schedule is that approval is specific to the animal and the setting. A trap approved for rats and mice in a tunnel is not thereby approved for another species, and tunnel conditions are a recurring requirement.
Species that change the picture
The schedule contains a footnote that, under section 11(2)(b) of, and Schedule 6 to, the Wildlife and Countryside Act 1981, it is an offence to use any trap to take or kill a dormouse except under a licence from the appropriate authority, whether or not the trap is approved by the Order. Squirrels raise separate questions about capture and release, examined in Grey Squirrels: Why the Law on Trapping and Release Is Different From Rats or Mice. Mole control is covered in Molehills in the Garden: When Is Control Actually Needed?.
Questions to ask a pest controller
- Which trap types will be used, and are they break-back traps within the 1958 categories or approved traps under the 2018 Order?
- For approved traps, what conditions apply, such as tunnels or target species?
- How will non-target animals, including pets and wildlife, be protected?
- Does the site involve a species subject to separate licensing?
These questions fit alongside the wider quote checks in Pest Control Costs: Callouts, Follow-Up Visits and Quote Comparison.
The bottom line
In England and Wales, spring traps are controlled by section 8 of the Pests Act 1954. Ordinary break-back rat and mouse traps and mole traps of the kind used in runs fall within the Small Ground Vermin Traps Order 1958, so the approval offence does not apply to them. Other spring traps must be an approved type used only within the conditions attached, which in England means the 2018 Order’s list, its general conditions and the per-trap limits on species and tunnels. Scotland is outside section 8, and the Welsh approval arrangements need to be checked separately. Anyone unsure about a trap should ask the supplier or contractor to name the trap and the legal basis for its use.
Sources
- legislation.gov.uk, “Pests Act 1954, section 8 (Restriction on type of trap in England and Wales)”
- legislation.gov.uk, “The Small Ground Vermin Traps Order 1958”
- legislation.gov.uk, “The Spring Traps Approval (England) Order 2018”