Technical | PPC107 June 2022

Pest management professionals aren’t just ‘ratcatchers’. In order to carry out our jobs safely and effectively, we need an understanding of the law.

Here’s a quick rundown of the most important pieces of legislation you need to keep up-to-date with.

People

Public Health Act 1936/1961

With most public health issues, it’s the local authorities that take responsibility for implementing public health legislation. Depending on how the local authority is structured, there will be something like a clean neighbourhoods team, with environmental officers who carry out inspections, and implement any legislation.

• Section 19 – disconnection of drains and the sealing of disused or unnecessary drain to be sealed
• Section 29 – demolition of structures
• Section 74 – local authorities have power to deal with nuisance or damage from certain bird species in built up areas.

Places

Prevention of Damage by Pests Act 1949

Every local authority is responsible for keeping as far as practical their district free of rats and mice.
They do this by:

• Carrying out periodic inspection of their areas
• Destroy rats and mice on land occupied by the authorities
• Enforce private landowners to control rats and mice on their land.

Pest Act 1954

The whole of England and Wales is a rabbit clearance area (excluding the City of London, the Isles of Scilly and Skokholm Island.)

London Local Authorities Act 2004

Used by any London borough council to control bird populations causing a nuisance. This could be a build-up of birds under a bridge, causing risk to health and safety to the public below.

Clean Neighbourhoods and Enviroments Act 2005

This act covers a large range of issues, from crime and disorder to nuisance parking, litter and stray dogs.

• Section 101 – applies to any insect emanating from a relevant industrial, trade or business premises and being prejudicial to health or a nuisance.

Critters

The Wild Mammals (Protection) Act 1996

This makes it an offence to kick, beat, impale, stab, burn, stone, crush, drown, drag or asphyxiate any wild animal with the intent to inflict unnecessary suffering.

Animal Welfare Act 2006

Under this Act it is an offence to cause unnecessary suffering (physical or mental) to an animal under your control; this is anything from pets to rats caught in a live catch trap. 

Wildlife and Countryside Act 1981

This act is in four parts. It is part one which is of particular relevance to those carrying out pest control work. You will also find the schedules of protected species under the Wildlife and Countryside Act. It is this Act which influences bird licensing.

Protection of Animals Act 1911-27

This has largely been replaced by the Animal Welfare Act 2006 but two sections still remain relevant to pest control. Section 8 makes it illegal to lay poison on any land or within any building, except for the control of insects, other invertebrates, rats, mice and other small ground vermin. Section 10 states that spring traps for hares and rabbits shall be inspected at reasonable intervals at least once a day, between sunrise and sunset.

Scran

Food Safety Act 1984

The Food Safety Act is managed by the local authority’s environmental health team and implemented by environmental health officers.  They will use improvement notices, prohibition orders and emergency prohibition orders to deal with food safety issues.

Food and Environmental Protection Act (FEPA) 1985

Part 3 of FEPA protects the health of human beings, creatures and plants, safeguards the environment, gives secure, safe and humane methods of pest control and makes information about pesticides available to the public.

The Food Hygiene Regulations (England) 2006

Adequate procedures to control pests must be in place:

• Proofing where pests can enter
• Insect screens where applicable
• Electronic fly killers (EFKs)
• Good stock rotation (FIFO or first in first out)
• Regular surveys by a competent person.

Log your CPD

Reading updated or new legislation can count towards your BPCA Registered unstructured learning. Even re-reading old legislation to refresh your knowledge counts.

Record your points at bpca.org.uk/add

Source: PPC107