Freedom of Information Request - Grey Squirrels
Date: 27 October 2025
Our ref: SIR182032/A5538572
Information Request – Grey Squirrels
Your Request & Our Response
Following a search of the information we hold our response is below. Please note, some of your request does not fall under the access to information legislation, which relates to recorded information held by us at the time we receive a request, for example information in documents, emails, reports, letters or maps. However, as requested, we have provided a comprehensive response here rather than issue separate replies.
1. A licence to keep grey squirrels in captivity application form.
We do not have a standard licence application form for non-native species licences because these can cover a wide array of animals and plants, purposes and activities. Anyone who wished to apply for a non-native species licence should contact [email protected] in the first instance.
2. A veterinary inspection form pertaining to grey squirrels.
We do not have a veterinary inspection form for licences to keep non-native species. The Animal Health and Welfare (Scotland) Act 2006 places a legal duty of care on owners and keepers to ensure the welfare needs of their animals, which include a suitable environment, diet, the ability to exhibit normal behaviour, and protection from suffering, injury, and disease.
3. The rules on how to house grey squirrels in captivity.
We do not have standing rules for the design of enclosures for non-native species.
Animals kept under licence must be kept in a secure enclosure and all reasonable steps taken to ensure that they do not escape. If an animal kept under a non-native species licence escapes from captivity, the owner or keeper must make all reasonable efforts to recapture the animal and inform NatureScot within 48 hours of becoming aware of the escape.
4. Confirmation on whether grey squirrels can be kept in captivity in areas where either greys are not already present, or where reds are also present.
We can only issue licences for keeping grey squirrels under paragraph 6 of Schedule 9B of the Wildlife and Countryside Act for research etc. Location would be taken into account in determining the licence application.
5. Is the mechanism for licences to keep grey squirrels in captivity under the Wildlife and Countryside Act 1981 or the Invasive Alien Species (Enforcement and Permitting) Order 2019?
The Invasive Alien Species (Enforcement and Permitting) Order 2019 applies to England and Wales only, with the significant exception being for the import and export of Invasive Alien Species, which is a reserved matter and dealt with by the UK government.
In Scotland, it is an offence to keep, without a licence, any species of special concern or other invasive species listed under the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012 (as amended). In certain circumstances, we can issue non-native species licences section 14 (4) (c) of the Wildlife and Countryside Act 1981.
The Invasive Alien Species Regulation calls licences for keeping species of special concern ‘permits’ and sets rule for when these can be issued. In Scotland, the rules for issuing licences for species of special concern are set out in Part 3 of Schedule 9B of the Wildlife and Countryside Act 1981.
We can only issue licences for keeping grey squirrels under paragraph 6 of Schedule 9B of the Wildlife and Countryside Act for research etc.
6. Can you confirm that merely possessing a grey squirrel is not an offence? The Grey Squirrels (Prohibition of Importation and Keeping) Order 1937 states that "The importation into and keeping within Great Britain of any animal of the species designated Sciurus Carolinensis and commonly known as the grey squirrel is prohibited".
The Grey Squirrels (Prohibition of Importation and Keeping) Order 1937 was revoked by article 5 of the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012. Article 3 of this Order prohibits the keeping of certain invasive animals under section 14ZC(1)(a) of the 1981 Act. Schedule 1 lists the types of invasive animal, including grey squirrel, which it is an offence for a person to keep, have in their possession or have under their control. Any potential conviction relating to the offence lies with The Crown Office and Procurator Fiscal Service and not NatureScot.
7. If a member of the public finds a grey squirrel in need of urgent care, and the local vet or rescue centre is closed, is that person permitted to take the grey squirrel home, in order to provide said care (such as rehydration and appropriate feeding) until either the vet or rescue centre has reopened?
No. There is no provision in law to issue a licence for keeping a grey squirrel for the purpose of rehabilitation. The Scottish SPCA website states, “Unfortunately, if non-native, invasive species such as grey squirrels, mink and Canada geese come into our care, we cannot release them and by law, they must be put to sleep.”
8. Is a member of the public permitted to take a grey squirrel in need of urgent care from Scotland to a rescue centre or licensed facility in England or Wales?
No. Being in possession of and transporting a grey squirrel are offences under Sections 14ZC(1) and 14AA(2)(c) of the Wildlife and Countryside Act 1981 in Scotland.
9. Is a member of the public permitted to take a grey squirrel in need of urgent care from Scotland to a rescue centre or licensed facility in England if they live on the Scottish/English border, and the nearest rescue or licensed facility is located in England?
No. Being in possession of and transporting a grey squirrel are offences and there is no provision in law for issuing a licence for this purpose.
10. Is taking a grey squirrel from Scotland to England classed the same as taking the grey squirrel from one place to another within Scotland?
Yes. The relevant offences under the 1981 Act in Scotland are 14 ZC “to keep, have in their possession or have under their control any invasive animal” and 14 AA “transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication.”
11. Are vets in Scotland required to euthanise healthy grey squirrels?
Yes. It is an offence to release or keep them in captivity, and there is no legal provision to issue a licence for the purpose of rehabilitation and release. If wild animals listed as invasive non-native species such as grey squirrels or American mink come into care, they must be put to sleep.
We have given this advice to vets and animal welfare establishments since we became responsible for non-native species licensing in 2012. We also advise that counselling someone to potentially commit an illegal act may constitute an offence under Section 293(2) of the Criminal Procedure (Scotland) Act 1995.
12. Are rescue centres in Scotland permitted to keep grey squirrels for up to six weeks without a licence or permit?
No. Our understanding is that in England and Wale a species of special concern is not considered to be ‘kept’ if you have it for less than six weeks. In Scotland, the offence is “to keep, have in their possession or have under their control irrespective of any timescale.
13. Are vets in Scotland permitted to keep grey squirrels for up to six weeks without a licence or permit?
No, in Scotland, the offence is “to keep, have in their possession or have under their control irrespective of any timescale.
14. What does Nature Scot class as a rescue centre?
The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 sets out criteria and thresholds in relation to animal welfare establishments in Scotland.
Further to your other point, please note we can only issue licences for keeping grey squirrels under paragraph 6 of Schedule 9B of the Wildlife and Countryside Act for research etc. There is no provision in law to issue a licence for keeping a grey squirrel for the purpose of rehabilitation and release, or for keeping as a companion animal.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot
