Deer (Scotland) Act 1996

Part IVE+W+S Enforcement, licensing of venison dealing and miscellaneous provisions

EnforcementS

27 Powers of search and seizure.S

(1)A constable may seize any deer liable to be forfeited on conviction of an offence under this Act.

(2)Where a sheriff or any justice of the peace is satisfied by information on oath that—

(a)there is reasonable ground to suspect a relevant offence to have been committed; and

(b)evidence of the commission of the offence is to be found on any premises or in any vehicle,

he may grant a warrant authorising any constable at any time or times within one week of the date of such warrant to enter, if necessary by force, the said premises and every part thereof or the said vehicle for the purpose of detecting the offence.

(3)A constable authorised by a warrant granted under subsection (2) above may—

(a)search every person who is found in, or whom he has reasonable ground to believe to have recently left or to be about to enter the premises or, as the case may be, vehicle to which the warrant relates; and

(b)seize any article found on the premises, or in the vehicle, or on any such person which he has reasonable grounds for believing to be evidence of the commission of a relevant offence.

(4)Where a constable has reasonable grounds to—

(a)suspect that—

(i)a relevant offence has been committed; and

(ii)evidence of the commission of the offence is to be found in any vehicle; and

(b)believe that by reason of urgency or other good cause it is impracticable to apply for a warrant to search such a vehicle,

he may stop and search that vehicle, and may exercise the same power of search and seizure in relation to it as might be conferred under subsection (2) above by a warrant of the sheriff or of a justice of the peace.

(5)In subsections (2) to (4) above, a “relevant offence” is an offence under Part III, or under section 36(1) or (4), of this Act.

(6)No search of a female person shall be carried out in pursuance of any search authorised by this section except by a female person.

F128 Power of arrest.S

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29 Offences by bodies corporate.S

[F2(1)]Where an offence under this Act has been committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

[F3(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.]

[F429AOffences by Scottish partnerships etc.S

Where an offence under this Act has been committed by a Scottish partnership or other unincorporated association and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)in relation to a Scottish partnership, any partner or any person who was purporting to act in such capacity;

(b)in relation to an unincorporated association other than a Scottish partnership, any person who was concerned in the management or control of the association or any person who was purporting to act in any such capacity,

he (as well as the partnership or, as the case may be, other unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.]

30 Power of court on trial for one offence to convict of another.S

If, upon a trial for an offence under any of sections 5, 17 [F5, 17A(4)], 18, 19, 20, 21, 22 or 23 of this Act, or any rule of law relating to reset, the court is—

(a)not satisfied that the accused is guilty of the offence charged, but

(b)satisfied that he is guilty of another of those offences,

it may acquit him of the offence charged but find him guilty of the other offence and he shall then be liable to the same punishment as for that other offence.

31 Powers of court on conviction for offences.S

(1)Where a person is convicted of an offence under an enactment specified in column 1 and described in column 2 of the Table set out in Schedule 3 to this Act, he shall be liable—

(a)on summary conviction, to a penalty not exceeding the maximum penalty set out in column 3(a) of that Table in relation to that offence; and

(b)on conviction on indictment, to a penalty not exceeding the maximum set out in column 3(b) of that Table in relation to that offence.

(2)Where a person is convicted of an offence under any of sections 17 to 23 of this Act, the court shall have power (in addition to any other power) to cancel any firearm or shotgun certificate held by him.

(3)Where a court cancels a firearm or shotgun certificate under subsection (2) above—

(a)the court shall cause notice in writing of that fact to be sent to the chief constable by whom the certificate was granted;

(b)the chief constable shall by notice in writing require the holder of the certificate to surrender it; and

(c)if the holder of the certificate fails to surrender the certificate within twenty one days from the date of that requirement, he shall be guilty of an offence.

(4)Where a person is convicted of an offence under any of sections 5(5), 17(1), (2) or (3) [F6, 17A(4)], 18(1), 20(1), 22 or 23(1) of this Act, he shall be liable to the forfeiture of any deer illegally taken, killed or removed by him or in his possession at the time of the offence.

(5)Where a person is convicted of an offence under Part III or section 36 of this Act, the court shall have power to disqualify him from holding or obtaining a licence under section 33 of this Act.

32 Disposal of deer liable to forfeiture.S

(1)Where any deer seized under section 27(1) of this Act is liable to forfeiture the person by whom it is seized may sell it and the net proceeds of the sale shall be liable to forfeiture in the same manner as the deer sold.

(2)A person shall not be subject to any liability on account of his neglect or failure to exercise the power conferred on him by subsection (1) above.

Licensing of dealing in venisonS

33 Licences to deal in venison.S

(1)A council may grant to any person whom they shall think fit a licence to deal in venison (which shall continue to be known as a “venison dealer’s licence”).

(2)The Secretary of State shall have power by order to regulate—

(a)applications for venison dealers’ licences and the manner in which they are to be dealt with (including power to authorise councils to charge fees in respect of such applications); and

(b)the procedure—

(i)by which venison dealers’ licences may be surrendered; and

(ii)for handing in of licences where a court has ordered their forfeiture or the holders have ceased to deal in venison.

(3)The Secretary of State may in regulations under subsection (2) above apply any provision of Schedule 1 to the M1Civic Government (Scotland) Act 1982, as he thinks fit.

(4)A venison dealer’s licence shall be valid for three years (unless the dealer has been disqualified from holding a licence by reason of his conviction of an offence under this Act), and may be renewed provided he is not at the time of the application subject to such disqualification.

(5)Every council which grants a venison dealer’s licence shall cause to be sent to [F7SNH] as soon as may be a copy of the licence.

(6)Every council by whom venison dealers’ licences are granted shall as soon as may be after the first day of January in each year make a return to [F7SNH] of the names and addresses of the persons who on that day held venison dealer’s licences issued by the council.

(7)In this section and sections 34 to 36 “venison” means the carcase or any edible part of the carcase of a deer, and “deer” means deer of any species, whether or not deer within the meaning of section 45 of this Act, and includes farmed deer.

(8)In this section and section 36 of this Act “council” means a council constituted under section 2 of the M2Local Government etc. (Scotland) Act 1994.

34 Records kept by venison dealers.S

(1)Every licensed venison dealer shall keep a book in which shall be entered records in the prescribed form of all purchases and receipts of venison by him and shall enter in such book forthwith the prescribed particulars of such purchases and receipts.

(2)Any person authorised in writing in that behalf by the Secretary of State or by [F7SNH] (an “authorised person”) or any constable, may inspect any book kept in pursuance of subsection (1) above.

[F8(2A) For the purposes of subsection (2) above, an authority may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. ]

(3)An authorised person shall show his written authority[F9, or a copy of a record of authority in terms of subsection (2A) above,] when so requested.

(4)A licensed venison dealer shall produce for inspection by an authorised person or constable—

(a)any book kept in pursuance of subsection (1) above;

(b)all invoices, consignment notes, receipts and other documents (including copies of them where the originals are not available) which may be required to verify any entry in such book; and

(c)all venison in his possession or under his control, or on premises or in vehicles under his control,

and shall allow the authorised person or constable to take copies of such book or document or extracts therefrom.

(5)Every book kept in pursuance of subsection (1) above shall be kept until the end of the period of three years beginning with the day on which the last entry was made in the book and any such documents as are mentioned in subsection (4)(b) above shall be kept for a period of three years beginning with the date of the entry to which they refer.

(6)In this section “prescribed” means prescribed by order.

35 Reciprocal arrangements.S

A licensed venison dealer who has purchased or received venison from another licensed venison dealer or from a licensed game dealer within the meaning of section 10(5) of the M3Deer Act 1991 shall be deemed to have complied with the requirements of section 34 of this Act if he has recorded in his book kept in pursuance of subsection (1) of that section—

(a)that the venison was so purchased or received;

(b)the name and address of the other licensed venison dealer or of the licensed game dealer;

(c)the date when the venison was so purchased or received;

(d)the number of carcases and sex of the venison; and

(e)the species of deer, provided that it is possible to identify it.

36 Offences in connection with venison dealing.S

(1)Subject to subsection (2) below, any person who—

(a)sells, offers or exposes for sale; or

(b)has in his possession, transports or causes to be transported for the purpose of sale at any premises,

any venison shall be guilty of an offence.

(2)A person is not guilty of an offence under subsection (1) above if—

(a)he is a licensed venison dealer; or

(b)he does the act constituting the offence for the purpose of selling to a licensed venison dealer; or

(c)he has purchased the venison from a licensed venison dealer.

(3)In subsection (2) above “licensed venison dealer” means the holder of a venison dealer’s licence granted by the council within whose area the sale, offer or exposure for sale takes place, or where the premises concerned are situated.

(4)Any person who—

(a)sells, offers or exposes for sale;

(b)has in his possession for the purpose of sale at any premises;

(c)transports for the purpose of sale; or

(d)purchases or offers to purchase or receives,

the carcase of a deer, or any part of such a carcase, which he knows or has reason to believe has been killed unlawfully shall be guilty of an offence.

(5)Any licensed venison dealer who fails to comply with any provision of section 34 of this Act or who knowingly or recklessly makes in any book or document he is required to keep under that section an entry which is false or misleading in any material particular shall be guilty of an offence.

(6)Any person who obstructs an authorised person or a constable making an inspection under section 34 of this Act shall be guilty of an offence.

(7)In this section “sale” includes barter, exchange and other transactions by which venison is disposed of for value.

Further powers of [F7SNH]S

37 Restrictions on granting of certain authorisations.S

(1)[F10Except as mentioned in subsection (1A) below,] [F7SNH] shall not grant an authorisation under any of sections 5(6) or (7), 18(2) or 19(2) of this Act (in subsections (2) to (5) below referred to as an “authorisation”) unless [F11it is] satisfied that the person concerned is a fit and competent person to receive an authorisation under that provision.

[F12(1A)Subsection (1) above does not apply to an authorisation under section 5(6) of this Act to any of the following persons to take or kill, for the purpose of preventing any damage mentioned in section 5(6)(a), any deer found on land falling within section 26(1)(a) or (b) of this Act (“section 26 land”)—

(a)the occupier of the section 26 land; or

(b)if authorised by the occupier—

(i)the owner of the section 26 land;

(ii)an employee of the owner; or

(iii)an employee of the occupier, or any other person normally resident on, the section 26 land.]

(2)An authorisation shall—

(a)be in writing; and

(b)specify the duration of its validity.

[F13(2A) For the purposes of subsection (2) above, an authorisation may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. ]

(3)No authorisation shall be granted under section 18(2) or 19(2) of this Act unless a relevant code of practice has been published under subsection (5) below, and any such authorisation shall contain a condition that the person concerned shall comply with the relevant provisions of any such code.

(4)An authorisation may contain such conditions, other than that mentioned in subsection (3) above, as [F7SNH]n [F14thinks] fit.

(5)[F7SNH] shall prepare and publish, and from time to time revise, a code of practice for—

(a)night shooting; and

(b)the use of vehicles for the purposes of deer management, within the meaning of section 19(2) of this Act,

to which [F15it] shall have regard when exercising [F15its] power under section 18(2) or, as the case may be, section 19(2) of this Act.

F1638 Limitation on requirement to obtain game licence.S

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39 Deer killed under the authority of [F7SNH].S

Without prejudice to sections 8(8), 9, 10(10) and 12(1) of this Act, [F7SNH] shall have no power to dispose of deer taken or killed under [F17its] authority.

40X1Power of Commission to require return of number of deer killed.S

(1)[F7SNH] may, for the purposes of any of [F18its deer] functions, by notice served on the owner or occupier of any land require him to make a return, in such form as [F7SNH] may require, showing the number of deer of each species and of each sex which to his knowledge have been taken or killed on the land.

(2)A notice served under subsection (1) above shall—

(a)be in writing;

(b)specify a period, immediately preceding the date of service of the notice, for which the return must be completed.

[F19(2A) For the purposes of subsection (2) above, a notice may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7)), which has been recorded and is consequently capable of being reproduced.

(2B)A notice may be served on a person by such an electronic communication only if—

(a)the person consents in writing to the receipt of a notice of the kind in question from the sender by electronic communication sent to a specified number or address, and

(b)the communication is sent to the number or address in question.]

(3)A period specified by virtue of subsection (2)(b) above shall not exceed five years.

(4)Any person on whom a notice under subsection (1) above has been served who—

(a)fails without reasonable cause to make the required return within thirty-six days after the service of the notice; or

(b)in making the return knowingly or recklessly furnishes any information which is false in a material particular,

shall be guilty of an offence.

[F2040APower of SNH to require return of number of deer planned to be killedS

(1)SNH may, for the purposes of any of its deer functions, by notice served on the owner or occupier of any land require the owner or occupier to make a return, in such form as SNH may require, showing how many deer of each species and of each sex are planned to be killed on the land in the following year.

(2)A notice served under subsection (1) must specify a period, of not more than 1 year immediately following the date of service of the notice, for which the return must be completed.

(3)Any person on whom a notice under subsection (1) has been served who fails without reasonable cause to make the required return within 36 days after the service of the notice commits an offence.]

Miscellaneous and general provisionsE+W+S

41 Savings for certain rights.S

(1)Nothing in Parts I or II (except section 5) of this Act or anything done thereunder shall preclude any occupier of any land from recovering any compensation for damage caused by deer which he would have been entitled to recover if this Act had not been passed.

(2)Nothing in sections 18(1), 19(1) or 20(1)(a) of this Act shall be construed as prohibiting—

(a)a person having a legal right to take deer on any land; or

(b)a person having permission in writing from any such person as is mentioned in paragraph (a) above,

from taking a deer on that land in any manner which does not cause it unnecessary suffering.

42 Information to be supplied to owner of certain land.S

The occupier of any agricultural land or enclosed or unenclosed woodland shall supply, as soon as practicable after being requested to do so by the owner of the land, information to the owner as to the number, sex and species of deer taken or killed by him or by any other person, other than the owner or his employees, authorised or nominated by him under or by virtue of section 5(6), 18(2) or 26(2) of this Act within the period of twelve months immediately preceding the request.

43 Application of Act to farmed deer.S

(1)Subject to subsections (2) to (4) below, this Act does not apply in respect of farmed deer.

(2)The following provisions of this Act apply as respects farmed deer—

(a)subsections (3) and (4) of section 17;

(b)section 21;

(c)sections 33 to 36;

(d)section 45.

(3)The provisions of sections 24 and 27 to 32 of this Act shall apply in respect of an offence committed by virtue of subsection (2) above.

(4)In this section “farmed deer” means deer of any species which are on agricultural land enclosed by a deer-proof barrier and are kept on that land by any person as livestock.

44 Application of Act to the Crown.S

[F21(1)This Act binds the Crown, subject to such modifications as may be prescribed.]

(2)In subsection (1) above, “prescribed” means prescribed in regulations made by the Secretary of State under this Act.

[F22(3)No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4)Despite subsection (3), this Act applies to persons in the public service of the Crown as it applies to other persons.

(5)The power conferred by section 15 of this Act is exercisable in relation to Crown land only with the consent of the appropriate authority.

(6)In subsection (5), “Crown land” means an interest in land which—

(a)belongs to Her Majesty in right of the Crown;

(b)belongs to Her Majesty in right of Her private estates;

(c)belongs to an office-holder in the Scottish Administration or is held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration; or

(d)belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

(7)In subsection (5), the “appropriate authority”—

(a)in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;

(b)in the case of any other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration who or, as the case may be, government department which manages the land [F23or the relevant person] ;

(c)in the case of land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers;

(d)in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration, means that office-holder;

(e)in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that government department.

[F24(7A)In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.]

(8)The references in subsections (6)(b) and (7)(c) to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).

(9)It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any land, and their decision is final.]

45 Interpretation.S

(1)In this Act, unless the context otherwise requires—

• “agricultural land” has the meaning given by the M4Agricultural Holdings (Scotland) Act 1991;

• “ammunition” and “firearm” have the meanings respectively given in th e M5Firearms Act 1968;

• “animal foodstuffs”, for the purposes of sections 18(2) and 26 of this Act, includes foodstuffs intended for consumption by farmed deer;

• [F25“code of practice on deer management” means the code of practice currently in operation in pursuance of section 5A of this Act;]

• “control agreement” has the meaning given by section 7 of this Act;

• “control area” has the meaning given by section 6 of this Act;

• “control scheme” has the meaning given by section 8 of this Act;

• “deer” means fallow deer, red deer, roe deer and sika deer and any other species of deer specified in an order made under subsection (2) below and includes any hybrid of those species and, where appropriate, the carcase of any deer or any part of it;

• “deer management” includes the management of deer for sporting purposes;

• “deer proof barrier” means a barrier which will, having regard to the character and nature of the land, prevent the entry of deer on to or, as the case may be, the escape of deer from any land;

• “enclosed” means enclosed by a stock-proof fence or other barrier, and “unenclosed” shall be construed accordingly;

• “fallow deer” means deer of the speciesDama dama;

• “farmed deer” has the meaning given in section 43 of this Act;

• “functions” includes powers and duties;

• “land” does not include a dwelling house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith;

• “livestock” has the meaning given by the M6Agriculture (Miscellaneous Provisions) Act 1968 and, for the purposes of sections 7, 8 and 10 of this Act, includes farmed deer;

• “natural heritage” includes flora and fauna, geological and physiographical features and the natural beauty and amenity of the countryside;

• “occupier” in relation to any land includes any tenant or sub-tenant, whether in actual occupation of the land or not;

• “owner” in relation to any land includes any person who under the Land Clauses Acts would be enabled to sell and convey the land to promoters of an undertaking;

• “red deer” means deer of the speciesCervus elaphus;

• [F26“registered person” means a person registered in accordance with regulations under section 17A(1);]

• “roe deer” means deer of the speciesCapreolus capreolus;

• [F27“shoot” means discharge a firearm of a class prescribed in an order under section 21(1) of this Act; and “shooting” is to be construed accordingly;]

• “sika deer” means deer of the speciesCervus nippon;

• “species” includes any hybrid of different species of deer;

• “take”, in relation to deer, means take alive, and cognate expressions shall be construed accordingly;

• “vehicle” includes an aircraft, hovercraft or boat; and

• “woodland” means land on which trees are grown, whether or not commercially, and includes any such trees and any vegetation planted or growing naturally among such trees on that land.

(2)The Secretary of State may, by order, specify other species of deer which are to be “deer” for the purposes of subsection (1) above.

F2846 Financial provisionsS

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47 Orders, regulations etc.S

(1)Subject to section 21(4) of this Act, any order or regulations made under this Act shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution by either House of Parliament.

(2)Any order made under this Act may be varied or revoked by a subsequent order made in the like manner.

48 Short title, consequential amendments, repeals, extent and commencement.E+W+S

(1)This Act may be cited as the Deer (Scotland) Act 1996.

(2)Schedule 4 (which makes provisions consequential on this Act) and Schedule 5 (which repeals provisions consolidated by this Act) shall have effect.

(3)Subject to subsection (4) below, this Act shall extend to Scotland only.

(4)The amendments contained in Schedule 4 and the repeals contained in Schedule 5 have the same extent as the enactments therein amended or, as the case may be, repealed.

(5)Schedule 6 (which contains transitional and transitory provisions and a saving) shall have effect.

(6)This Act shall come into force at the expiry of the period of one month beginning with the date on which the M7Deer (Amendment)(Scotland) Act 1996 comes into force.