(1)Subject to sections 25 and 41(2) of this Act and to subsection (2) below, any person who takes or wilfully kills or injures deer between the expiration of the first hour after sunset and the commencement of the last hour before sunrise shall be guilty of an offence.
(2)Notwithstanding anything contained in any agreement between the occupier of agricultural land or of woodland and the owner thereof, but subject to section 37 of this Act, [F1SNH] may authorise such an occupier or any person nominated in writing by such an occupier to take or kill, and to sell or otherwise dispose of, any deer on any such land or woodland during the period specified in subsection (1) above, where [F2it is] satisfied that—
(a)the taking or killing is necessary to prevent serious damage to crops, pasture, human or animal foodstuffs, or to woodland; and
(b)no other means of control which might reasonably be adopted in the circumstances would be adequate.
Textual Amendments
F1Word in Act substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 6; S.S.I. 2010/221, art. 3(2), Sch.
F2Words in s. 18(2) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 21; S.S.I. 2010/221, art. 3(2), Sch.