Part IS Conservation and Control of Red Deer

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[F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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[F216AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F226A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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[F3513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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18 Financial provisions.S

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F4220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIS Close Seasons

[F4321 Close seasons.S

(1)The Secretary of State—

(a)shall, in relation to the female of every species of deer; and

(b)may, in relation to the male of any species of deer,

by order fix a period in each year during which no person shall take or wilfully kill or injure any deer of the sex and species named in the order; and different periods may be so fixed in relation to different species and in relation to the male and female of any species.

(2)Before making an order under this section the Secretary of State may consult such persons or organisations as he thinks fit, or may direct the Commission to carry out such consultation on his behalf.

(3)Where the Secretary of State has directed the Commission to carry out consultation on his behalf under subsection (2) above they shall report the results of that consultation, together with such advice as they may wish to tender in relation to the making of an order under this section, to him within such period as he may so direct.

(4)Where the Secretary of State or the Commission have carried out consultation under subsection (2) or (3) above the Secretary of State shall have regard to the results of that consultation, and to any advice tendered by the Commission under subsection (3) above, before making an order under this section.

(5)If any person contravenes an order made under this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale for each deer in respect of which the offence was committed or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment, and to the forfeiture of any deer in respect of which the offence was committed.]

Part IIIS Prevention of Illegal Taking and Killing of Deer

22 Prohibition of poaching.S

Subject to section thirty-three of this Act, if any person without legal right [F44to take or kill deer] or without permission from a person having such right takes or wilfully kills [F45or injures] deer on any land, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F46[F47level 4 on the standard scale] for each deer in respect of which the offence was committed or to imprisonment for a term not exceeding three months, or to both], and to the forfeiture of any deer illegally [F48taken or] killed by him or in his possession at the time of the offence:

23 Unlawful taking or killing of deer.S

(1)Subject to section thirty-three [F51or 33A] of this Act, any person who takes or wilfully kills [F52or 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)Subject to section thirty-three of this Act, it shall be an offence [F53wilfully to] kill [F54or injure] deer otherwise than by shooting, and shooting for the purposes of this section means discharging a firearm, [F55of a class prescribed in an order under section 23A(1) of this Act].

[F56(2A) Subject to subsection (2B) below and section 33(1) of this Act, if any person—

(a)discharges any firearm, or discharges or projects any missile, from any [F57moving vehicle] at any deer; or

(b)notwithstanding the provisions of [F58subsection (5) below] uses any aircraft for the purpose of transporting any live deer other than in the interior of the aircraft,

he shall be guilty of an offence.

(2B)Nothing in subsection (2A)(b) above shall make unlawful anything done by, or under the supervision of, a veterinary surgeon or practitioner.

(2C)In subsection (2B) above “veterinary practitioner” means a person who is for the time being registered in the supplementary register, and “veterinary surgeon” means a person who is for the time being registered in the register of veterinary surgeons.]

(3)Any person guilty of an offence against [F59subsection (1), (2) or (2A)] of this section shall be liable on summary conviction to a fine not exceeding [F60[F61level 4 on the standard scale] for each deer in respect of which the offence was committed] or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment [F62and to the forfeiture of any deer illegally taken or killed by him or in his possession at the time of the offence].

[F63(3A) [F64Subject to section 33A of this Act,]Any person who uses a vehicle to drive deer on [F65any] land with the intention of taking, killing or injuring them shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F61level 4 on the standard scale] or to imprisonment for a term not exceeding 3 months or to both.]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(5)Nothing in the provisions of this section shall be construed as prohibiting a person having a legal right to take deer on any land, or a person with permission in writing from any such person as aforesaid, from taking a deer F67. . . on that land in any manner which does not cause it unnecessary suffering.

[F6823A Firearms and ammunition.S

(1)The Secretary of State shall have power to make such order as he thinks fit regarding the classes of firearms, ammunition, sights and other equipment which may lawfully be used in connection with killing or taking deer, and the circumstances in which any class of firearms, ammunition, sights or other equipment may be so used.

(2)Before making an order under subsection (1) above the Secretary of State shall consult any organisations which in his opinion represent persons likely to be interested in or affected by the order.

(3)Any person who fails to comply with an order under subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F69level 4 on the standard scale] in relation to each deer taken or killed or to imprisonment for a term not exceeding three months, or to both.

(4)No order shall be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

(5)If any person uses any firearm or any ammunition for the purpose of wilfully injuring any deer, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F69level 4 on the standard scale]for each deer in respect of which the offence was committed or to imprisonment for a term not exceeding three months, or to both.]

24 Unlawful taking or killing of deer by two or more persons acting together.S

If two or more persons acting together do any act which would constitute an offence against [F70any of the three] last foregoing sections of this Act, every such person shall be liable—

(a)on summary conviction to a fine not exceeding [F71in respect of each deer taken or killed the statutory maximum, which in this section means the prescribed sum within the meaning of [F72section 225(8) of the Criminal Procedure (Scotland) Act 1995]] or to imprisonment for a term not exceeding six months or to both such fine and imprisonment;

(b)on conviction on indictment to a fine. . . F73 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

[F74and on any conviction to the forfeiture of any deer illegally taken or killed by him or in his possession at the time of the offence].

[F7525 Illegal possession of deer or firearms.S

(1)A person who is in possession of a deer or of firearms or ammunition in circumstances which make it reasonable to infer that—

(a)he obtained the deer by committing a relevant offence; or

(b)he had used the firearm or ammunition for the purpose of committing a relevant offence; or

(c)he knew that—

(i)a relevant offence had been committed in relation to the deer; or

(ii)the firearm or ammunition had been used for the purpose of committing a relevant offence,

shall be guilty of an offence under this section and liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or both, and to forfeiture of any deer found in his possession.

(2)It shall be a defence in proceedings for an offence under this section for the accused to show that no relevant offence had been committed, or that he had no reason to believe that such an offence had been committed.

(3)For the purposes of this section a “relevant offence” is an offence under any of sections 21, 22, 23, 23A or 24 of this Act.

(4)A person shall not be guilty of an offence under this section in respect of anything done in good faith, including conduct which would otherwise constitute a relevant offence in relation to any deer, where what is done is done for purposes connected with the prevention or detection of crime or the investigation or treatment of disease.

(5)It shall be lawful to convict a person charged under this section on the evidence of one witness.]

F7625AA Power of court in trial in one offence to convict of another.S

If, upon a trial for an offence under any of sections 21, 22, 23, 23A, 24 or 25 of this Act, or any rule of law relating to reset, the court is not satisfied that the accused is guilty of the offence charged but 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.

Part IIIS Prevention of Illegal Taking and Killing of Deer

22 Prohibition of poaching.S

Subject to section thirty-three of this Act, if any person without legal right [F44to take or kill deer] or without permission from a person having such right takes or wilfully kills [F45or injures] deer on any land, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F46[F47level 4 on the standard scale] for each deer in respect of which the offence was committed or to imprisonment for a term not exceeding three months, or to both], and to the forfeiture of any deer illegally [F48taken or] killed by him or in his possession at the time of the offence:

23 Unlawful taking or killing of deer.S

(1)Subject to section thirty-three [F51or 33A] of this Act, any person who takes or wilfully kills [F52or 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)Subject to section thirty-three of this Act, it shall be an offence [F53wilfully to] kill [F54or injure] deer otherwise than by shooting, and shooting for the purposes of this section means discharging a firearm, [F55of a class prescribed in an order under section 23A(1) of this Act].

[F56(2A) Subject to subsection (2B) below and section 33(1) of this Act, if any person—

(a)discharges any firearm, or discharges or projects any missile, from any [F57moving vehicle] at any deer; or

(b)notwithstanding the provisions of [F58subsection (5) below] uses any aircraft for the purpose of transporting any live deer other than in the interior of the aircraft,

he shall be guilty of an offence.

(2B)Nothing in subsection (2A)(b) above shall make unlawful anything done by, or under the supervision of, a veterinary surgeon or practitioner.

(2C)In subsection (2B) above “veterinary practitioner” means a person who is for the time being registered in the supplementary register, and “veterinary surgeon” means a person who is for the time being registered in the register of veterinary surgeons.]

(3)Any person guilty of an offence against [F59subsection (1), (2) or (2A)] of this section shall be liable on summary conviction to a fine not exceeding [F60[F61level 4 on the standard scale] for each deer in respect of which the offence was committed] or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment [F62and to the forfeiture of any deer illegally taken or killed by him or in his possession at the time of the offence].

[F63(3A) [F64Subject to section 33A of this Act,]Any person who uses a vehicle to drive deer on [F65any] land with the intention of taking, killing or injuring them shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F61level 4 on the standard scale] or to imprisonment for a term not exceeding 3 months or to both.]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(5)Nothing in the provisions of this section shall be construed as prohibiting a person having a legal right to take deer on any land, or a person with permission in writing from any such person as aforesaid, from taking a deer F67. . . on that land in any manner which does not cause it unnecessary suffering.

[F6823A Firearms and ammunition.S

(1)The Secretary of State shall have power to make such order as he thinks fit regarding the classes of firearms, ammunition, sights and other equipment which may lawfully be used in connection with killing or taking deer, and the circumstances in which any class of firearms, ammunition, sights or other equipment may be so used.

(2)Before making an order under subsection (1) above the Secretary of State shall consult any organisations which in his opinion represent persons likely to be interested in or affected by the order.

(3)Any person who fails to comply with an order under subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F69level 4 on the standard scale] in relation to each deer taken or killed or to imprisonment for a term not exceeding three months, or to both.

(4)No order shall be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

(5)If any person uses any firearm or any ammunition for the purpose of wilfully injuring any deer, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F69level 4 on the standard scale]for each deer in respect of which the offence was committed or to imprisonment for a term not exceeding three months, or to both.]

24 Unlawful taking or killing of deer by two or more persons acting together.S

If two or more persons acting together do any act which would constitute an offence against [F70any of the three] last foregoing sections of this Act, every such person shall be liable—

(a)on summary conviction to a fine not exceeding [F71in respect of each deer taken or killed the statutory maximum, which in this section means the prescribed sum within the meaning of [F72section 225(8) of the Criminal Procedure (Scotland) Act 1995]] or to imprisonment for a term not exceeding six months or to both such fine and imprisonment;

(b)on conviction on indictment to a fine. . . F73 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

[F74and on any conviction to the forfeiture of any deer illegally taken or killed by him or in his possession at the time of the offence].

[F7525 Illegal possession of deer or firearms.S

(1)A person who is in possession of a deer or of firearms or ammunition in circumstances which make it reasonable to infer that—

(a)he obtained the deer by committing a relevant offence; or

(b)he had used the firearm or ammunition for the purpose of committing a relevant offence; or

(c)he knew that—

(i)a relevant offence had been committed in relation to the deer; or

(ii)the firearm or ammunition had been used for the purpose of committing a relevant offence,

shall be guilty of an offence under this section and liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or both, and to forfeiture of any deer found in his possession.

(2)It shall be a defence in proceedings for an offence under this section for the accused to show that no relevant offence had been committed, or that he had no reason to believe that such an offence had been committed.

(3)For the purposes of this section a “relevant offence” is an offence under any of sections 21, 22, 23, 23A or 24 of this Act.

(4)A person shall not be guilty of an offence under this section in respect of anything done in good faith, including conduct which would otherwise constitute a relevant offence in relation to any deer, where what is done is done for purposes connected with the prevention or detection of crime or the investigation or treatment of disease.

(5)It shall be lawful to convict a person charged under this section on the evidence of one witness.]

[F77PART iiiaSLicensing of Dealing in Venison]

25A Licences to deal in venison.S

(1)[F78A] council may grant to any person whom they consider fit a licence to deal in venison (to be known as a “venison dealer’s licence”).

(2)The Secretary of State shall have power by order to regulate applications for venison dealers’ licences and the manner in which they are to be dealt with (including power to authorise F79. . . councils to charge fees in respect of such applications); and also to regulate the procedure by which venison dealers’ licences may be surrendered, and the procedure for handing in of licences where a court has ordered their forfeiture or the holders have ceased to deal in venison; and in that regard he may apply any provision of Schedule 1 to the Civic Government (Scotland) Act 1982, as he thinks fit.

(3)A venison dealer’s licence shall be valid for 3 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 that he is not at the time of application subject to such disqualification.

(4)Every F79. . . council which grants a venison dealer’s licence shall cause to be sent to the Commission as soon as may be a copy of the licence.

(5)Every F79. . . 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 the Commission of the names and addresses of the persons who on that day held venison dealers’ licences issued by the council.

25B Records.S

(1)Every licensed venison dealer shall keep a book wherein 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 the Commission and showing his written authority when so requested, or any constable, may inspect any book kept in pursuance of this section and it shall be the duty of the dealer to produce for inspection by such authorised person or constable such book and also all venison in the dealer’s possession or under his control, or on premises or in vehicles under his control, together with all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) which may be required to verify any entry in such book, and to allow such authorised person or constable to take copies of such book or document or extracts therefrom.

(3)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 (2) above shall be kept for a period of three years beginning with the date of the entry to which they refer.

(4)For the purposes of this section “prescribed” means prescribed by order.

25C Reciprocal provisions.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 [F80section 10(5) of the Deer Act 1991] shall be deemed to have complied with the requirements of the preceding section of this Act if he has recorded in his record book—

(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 concerned;

(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.

25D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8325E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

25F Interpretation of Part IIIA.S

In this Part of this Act—

• [F84“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;]

• [F85“deer” means deer of any species, whether or not deer within the meaning of section 35A(1) of this Act, and includes farmed deer;]

• “sale” includes barter, exchange, and any other transaction by which venison is disposed of for value;

• “venison” means the carcase or any edible part of the carcase of a deer.

[F126PART iiiaSLicensing of Dealing in Venison]

25A Licences to deal in venison.S

(1)[F78A] council may grant to any person whom they consider fit a licence to deal in venison (to be known as a “venison dealer’s licence”).

(2)The Secretary of State shall have power by order to regulate applications for venison dealers’ licences and the manner in which they are to be dealt with (including power to authorise F79. . . councils to charge fees in respect of such applications); and also to regulate the procedure by which venison dealers’ licences may be surrendered, and the procedure for handing in of licences where a court has ordered their forfeiture or the holders have ceased to deal in venison; and in that regard he may apply any provision of Schedule 1 to the Civic Government (Scotland) Act 1982, as he thinks fit.

(3)A venison dealer’s licence shall be valid for 3 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 that he is not at the time of application subject to such disqualification.

(4)Every F79. . . council which grants a venison dealer’s licence shall cause to be sent to the Commission as soon as may be a copy of the licence.

(5)Every F79. . . 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 the Commission of the names and addresses of the persons who on that day held venison dealers’ licences issued by the council.

25B Records.S

(1)Every licensed venison dealer shall keep a book wherein 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 the Commission and showing his written authority when so requested, or any constable, may inspect any book kept in pursuance of this section and it shall be the duty of the dealer to produce for inspection by such authorised person or constable such book and also all venison in the dealer’s possession or under his control, or on premises or in vehicles under his control, together with all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) which may be required to verify any entry in such book, and to allow such authorised person or constable to take copies of such book or document or extracts therefrom.

(3)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 (2) above shall be kept for a period of three years beginning with the date of the entry to which they refer.

(4)For the purposes of this section “prescribed” means prescribed by order.

25C Reciprocal provisions.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 [F80section 10(5) of the Deer Act 1991] shall be deemed to have complied with the requirements of the preceding section of this Act if he has recorded in his record book—

(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 concerned;

(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.

25D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8325E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

25F Interpretation of Part IIIA.S

In this Part of this Act—

• [F84“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;]

• [F85“deer” means deer of any species, whether or not deer within the meaning of section 35A(1) of this Act, and includes farmed deer;]

• “sale” includes barter, exchange, and any other transaction by which venison is disposed of for value;

• “venison” means the carcase or any edible part of the carcase of a deer.

Part IVS Enforcement and Procedure

26 Attempts to commit offences.S

Without prejudice to the operation of [F86section 294 of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995], any person who attempts to commit, or does any act preparatory to the commission of, an offence against [F87section 21(5) of this Act] or against Part III of this Act shall be guilty of an offence against this Act and shall be punishable in like manner as for the said offence [F88; except that in the case of preparatory acts, the penalty shall be a fine not exceeding [F89level 4 on the standard scale] or imprisonment for a term not exceeding three months or both.]

27 Powers of search and seizure.S

(1)A constable may seize any deer, F90. . . liable to be forfeited [F91on conviction of an offence under] this Act.

(2)A sheriff or any justice of the peace, if satisfied by information on oath that there is reasonable ground to suspect any offence against [F92Part III or section 25D(1) or (3)] of this Act to have been committed and that evidence of the commission of the offence is to be found on any premises or in any vehicle or boat, may grant a warrant authorising any constable at any time or times within one week from the date of such warrant to enter, if necessary by force, the said premises and every part thereof or the said vehicle or boat for the purpose of detecting the offence.

(3)A constable authorised by any such warrant as aforesaid to search any premises or any such vehicle or boat may 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, those premises or that vehicle or boat as the case may be, and may seize any article found on the premises, or in the vehicle or boat, or on any such person, which he has reasonable ground for believing to be evidence of the commission of any such offence as aforesaid.

(4)Where a constable has reasonable grounds for suspecting that an offence against [F92Part III or section 25D(1) or (3)] of this Act has been committed and that evidence of the commission of the offence is to be found in any vehicle or boat, and that by reason of urgency or other good cause it is impracticable to apply for a warrant to search such vehicle or boat, the said constable may stop and search that vehicle or boat and may exercise the like power of search or seizure in relation to the vehicle or boat as might be conferred under subsection (2) of this section by the warrant of the sheriff or of a justice of the peace.

(5)No female shall in pursuance of any search authorised by this section be searched except by a female.

28 Apprehension of offenders.S

If any person shall be found committing any offence against the provisions of Part III or of this Part of this Act, any constable may arrest that person.

[F9328A Cancellation of firearms licences.S

(1)In any case where a person is convicted of an offence provided for by any of sections 22 to 25 of this Act the court shall have power (in addition to any other power) to cancel any firearm or shotgun certificate held by him.

(2)Where the court cancels a firearm or shotgun certificate under subsection (1) 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; and

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

(c)if the holder fails to surrender the certificate within twenty-one days from the date of that requirement, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F94level 2 on the standard scale].]

29 F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

30 Disposal of deer seized under the Act.S

Where any deer seized under this Part 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:

31 Offences by bodies corporate.S

(1)When an offence against this Act or any order made thereunder which has been committed by a body corporate 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.

F96(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VS

SupplementaryS

F9732. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

33 Exemptions for certain acts.S

(1)A person shall not be guilty of any offence against this Act or any order made thereunder in respect of any act done for the [F98purpose of preventing suffering by an injured or diseased deer, or by any deer calf [F99, fawn or kid]deprived [F100, or about to be deprived,] of its mother]

[F101(2)Where a person performs an act under the authority of or at the request of the Commission in pursuance of section 6 of this Act or in pursuance of a control [F102agreement or] scheme he shall not by reason of that act be liable to be proceeded against for an offence against this Act, except that—

(a)where the person is an officer or servant of the Commission performing an act as aforesaid in pursuance of the said section 6, and the act constitutes an offence against section 23(2) of this Act, or

(b)where the person is any such officer or servant performing an act as aforesaid in pursuance of a control [F102agreement or] scheme, and the act constitutes an offence against either subsection (1) or (2) of the said section 23, or

(c)in the case of any other person performing an act for either of the purposes mentioned in the two last foregoing paragraphs, if the act constitutes an offence against either of the said subsections,

he shall be so liable [F102; and for the purposes of paragraphs (a) and (b) above “officer or servant of the Commission” includes any person engaged by the Commission under a contract for services.]

[F103(3)Notwithstanding [F104section 21(5) of this Act], or anything in any agreement between an occupier of agricultural land or of enclosed woodlands and the owner thereof, it shall be lawful for—

(a)the owner in person, provided that he is duly authorised in writing by the occupier for that purpose;

(b)the owner’s servants in his ordinary service, provided that they are duly authorised in writing by the occupier for that purpose;

(c)the occupier in person;

(d)the servants of the occupier in his ordinary service on the land or other persons normally resident on the land provided that they are duly authorised in writing by the occupier for that purpose; or

(e)any other person approved in writing by the Commission as a fit and competent person for the purpose who has been duly authorised in writing by the occupier for that purpose

to take or kill, and to sell or otherwise dispose of [F104any deer found, as the case may be, on—

(i)arable land, improved permanent pasture (other than moorland) and land which has been regenerated so as to be able to make a significant contribution to the productivity of a holding which forms part of that agricultural land; or

(ii)on enclosed woodland,

where the occupier has reasonable ground for believing that serious damage will be caused to crops, pasture or human or animal foodstuffs on that agricultural land, or to that woodland, if the deer are not taken or killed.]

(3A)Any authority given under subsection (3) above shall expire—

(a)at the end of such period as the occupier may specify in it;

(b)when a person to whom paragraph (b) or (d) of that subsection applies ceases to be normally resident or in the owner’s or, as the case may be, occupier’s ordinary service;

(c)where paragraph (e) of that subsection applies, at the end of the period specified in the Commission’s approval; or

(d)if the occupier revokes the authority.

F105(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

F105(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10633A Authorisation by Commission of certain acts.S

(1)Where a person does any act, in accordance with an authorisation given under subsection (2) or (3) below, which would otherwise be an offence under subsection (1) or (3A) of section 23 of this Act, he shall not be guilty of an offence under the said section 23.

(2)Notwithstanding anything in any agreement between an occupier of agricultural land or of woodland and the owner thereof, but subject to subsections (7) to (10) below, the Commission 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 section 23(1) of this Act, where they are satisfied that the taking or killing is necessary to prevent serious damage to crops, pasture, human or animal foodstuffs, or to woodland, and no other means of control which might reasonably be adopted in the circumstances would be adequate.

(3)Subject to subsections (7) to (10) below, the Commission may authorise the owner of any land which deer are on, or any person nominated in writing by him, to use any vehicle to drive deer in order to take or kill them for the purposes of deer management; and, for the purposes of this section—

• “deer management” does not include driving deer in the course of any sporting activity, and

• “vehicle” does not include any aircraft or hovercraft.

(4)Where a person does any act, in accordance with an authorisation given under subsection (5) or (6) below, which would otherwise be an offence under section 21(5) of this Act, he shall not be guilty of that offence.

(5)Without prejudice to section 33(3) of this Act, notwithstanding anything in any agreement between an occupier of land and the owner thereof and subject to subsections (7) to (10) below, the Commission may authorise the owner or occupier of any land or any person nominated in writing by either of them to take or kill, and to sell or otherwise dispose of, any deer found on that land during the period specified in relation to that species and sex of deer in an order under section 21 of this Act, where they are satisfied that the taking or killing is necessary—

(a)to prevent serious damage to any unenclosed woodland which forms part of that land, or serious damage, whether direct or indirect, to the natural heritage generally; or

(b)in the interests of public safety,

and no other means of control which might reasonably be adopted in the circumstances would be adequate.

(6)Subject to subsections (7) to (10) below, the Commission may, for any scientific purpose, authorise any person to take or kill deer during the period specified in relation to that species and sex of deer in an order under section 21 of this Act.

(7)The Commission shall not grant an authorisation under subsection (2), (3), (5) or (6) above unless they are satisfied that the person concerned is a fit and competent person to receive an authorisation under that subsection.

(8)An authorisation shall—

(a)be in writing; and

(b)specify the duration of its validity.

(9)No authorisation shall be granted under subsection (2) or (3) above unless a relevant code has been published under subsection (11) below, and any such authorisation shall contain a condition that the person concerned shall comply with the relevant provisions of any such code.

(10)An authorisation may contain such conditions, other than that mentioned in subsection (9) above, as the Commission thinks fit.

(11)The Commission 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,

to which they shall have regard when exercising their power under subsection (2) or, as the case may be, (3) above.]

[F10733B 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 servants in ordinary service, authorised or nominated by him under or by virtue of section 33(3) or section 33A(2) or (5) of this Act within the period of twelve months immediately preceding the request.]

34 Application of Act to the Crown.S

This Act shall apply to land an interest in which belongs to Her Majesty in right of the Crown and land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department; but in its application to any land an interest in which belongs or is held as aforesaid this Act shall have effect subject to such modifications as may be prescribed by regulations made by the Secretary of State under this Act.

[F10834A 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)subsection (2) of section 23, and subsections (3) and (5) of that section in so far as they apply in relation to offences committed against subsection (2);

(b)section 23A;

(c)section 25AA;

(d)Part IIIA; and

(e)section 35A.

(3)The provisions of Part IV 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.]

35 Orders, regulations, etc.S

(1)[F109Subject to section 23A(4) of this Act,] any order or regulations made under this Act shall be embodied in a 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.

[F11035A Interpretation.S

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

• “agricultural land” has the meaning given by the M2Agricultural Holdings (Scotland) Act 1991;

• “ammunition” and “firearm” have the meanings respectively given in the M3Firearms Act 1968;

• “animal foodstuffs”, for the purposes of sections 33(3) and 33A(2) of this Act, includes foodstuffs intended for consumption by farmed deer;

• “control agreement”, “control area” and “control scheme” have the meanings respectively given by section 7 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 thereof;

• “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 34A 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 M4Agriculture (Miscellaneous Provisions) Act 1968 and, for the purposes of sections 6 and 7 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;

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

• “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 made by statutory instrument, specify other species of deer which are to be “deer” for the purposes of subsection (1) above.]

36 F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

37 Short title, extent and commencement.S

(1)This Act may be cited as the Deer (Scotland) Act 1959.

(2)This Act, F112, shall extend to Scotland only.

(3)This Act, except where otherwise expressly provided, shall come into force at the expiry of one month beginning with the date of its passing.

SupplementaryS

F9732. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

33 Exemptions for certain acts.S

(1)A person shall not be guilty of any offence against this Act or any order made thereunder in respect of any act done for the [F98purpose of preventing suffering by an injured or diseased deer, or by any deer calf [F99, fawn or kid]deprived [F100, or about to be deprived,] of its mother]

[F101(2)Where a person performs an act under the authority of or at the request of the Commission in pursuance of section 6 of this Act or in pursuance of a control [F102agreement or] scheme he shall not by reason of that act be liable to be proceeded against for an offence against this Act, except that—

(a)where the person is an officer or servant of the Commission performing an act as aforesaid in pursuance of the said section 6, and the act constitutes an offence against section 23(2) of this Act, or

(b)where the person is any such officer or servant performing an act as aforesaid in pursuance of a control [F102agreement or] scheme, and the act constitutes an offence against either subsection (1) or (2) of the said section 23, or

(c)in the case of any other person performing an act for either of the purposes mentioned in the two last foregoing paragraphs, if the act constitutes an offence against either of the said subsections,

he shall be so liable [F102; and for the purposes of paragraphs (a) and (b) above “officer or servant of the Commission” includes any person engaged by the Commission under a contract for services.]

[F103(3)Notwithstanding [F104section 21(5) of this Act], or anything in any agreement between an occupier of agricultural land or of enclosed woodlands and the owner thereof, it shall be lawful for—

(a)the owner in person, provided that he is duly authorised in writing by the occupier for that purpose;

(b)the owner’s servants in his ordinary service, provided that they are duly authorised in writing by the occupier for that purpose;

(c)the occupier in person;

(d)the servants of the occupier in his ordinary service on the land or other persons normally resident on the land provided that they are duly authorised in writing by the occupier for that purpose; or

(e)any other person approved in writing by the Commission as a fit and competent person for the purpose who has been duly authorised in writing by the occupier for that purpose

to take or kill, and to sell or otherwise dispose of [F104any deer found, as the case may be, on—

(i)arable land, improved permanent pasture (other than moorland) and land which has been regenerated so as to be able to make a significant contribution to the productivity of a holding which forms part of that agricultural land; or

(ii)on enclosed woodland,

where the occupier has reasonable ground for believing that serious damage will be caused to crops, pasture or human or animal foodstuffs on that agricultural land, or to that woodland, if the deer are not taken or killed.]

(3A)Any authority given under subsection (3) above shall expire—

(a)at the end of such period as the occupier may specify in it;

(b)when a person to whom paragraph (b) or (d) of that subsection applies ceases to be normally resident or in the owner’s or, as the case may be, occupier’s ordinary service;

(c)where paragraph (e) of that subsection applies, at the end of the period specified in the Commission’s approval; or

(d)if the occupier revokes the authority.

F105(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(4E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

F105(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34 Application of Act to the Crown.S

This Act shall apply to land an interest in which belongs to Her Majesty in right of the Crown and land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department; but in its application to any land an interest in which belongs or is held as aforesaid this Act shall have effect subject to such modifications as may be prescribed by regulations made by the Secretary of State under this Act.

35 Orders, regulations, etc.S

(1)[F109Subject to section 23A(4) of this Act,] any order or regulations made under this Act shall be embodied in a 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.

36 F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

37 Short title, extent and commencement.S

(1)This Act may be cited as the Deer (Scotland) Act 1959.

(2)This Act, F112, shall extend to Scotland only.

(3)This Act, except where otherwise expressly provided, shall come into force at the expiry of one month beginning with the date of its passing.

SCHEDULES

FIRST SCHEDULES Provisions as to the Red Deer Commission

Constitution of the CommissionS

1The Commission shall be a body corporate and shall have a common seal.

2Every member of the Commission shall hold and vacate office in accordance with the terms of the instrument under which he is appointed, but notwithstanding anything in such an instrument any member of the Commission may resign his office by a notice given under his hand to the Secretary of State, and a member of the Commission who ceases to hold office shall be eligible for reappointment to the Commission.

[F1132AIf the Secretary of State is satisfied that the chairman [F114or a member] of the Commission—

[F115(a)has had his estate sequestrated, has been adjudged bankrupt, has made an arrangement with his creditors, or has granted a trust deed for his creditors or made a composition contract;]

(b)is incapacitated by reason of physical or mental illness;

(c)has been absent from meetings of the Commission for a period of more than 3 consecutive months without the permission of the Commission or of the Secretary of State; or

(d)is otherwise unable or unfit to discharge the functions of a member of the Commission, or is unsuitable to continue as the chairman,

the Secretary of State shall have power to remove him from his said office.]

2BWhere a person ceases to be [F116a member] of the Commission otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make to that person a payment of such amount as the Secretary of State may F117. . . determine.

2CThe Secretary of State may make such provision, if any, as he may F118. . . determine for the payment of pensions to or in respect of [F119members] of the Commission.

F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

3

[F1214The Secretary of State—

(a)shall pay to—

(i)the Chairman of the Commission such remuneration and such allowances; and

(ii)the other members of the Commission such allowances; and

(b)may pay to the other members of the Commission such remuneration,

as he may determine.]

5The Commission may pay to the members of any panel appointed in pursuance of section two of this Act the like allowances as are payable by the Secretary of State to members of the Commission under the last foregoing paragraph.

Meetings and Proceedings of the CommissionS

6The quorum of the Commission shall be five or such larger number as the Commission may from time to time determine.

7The proceedings of the Commission shall not be invalidated by any vacancy in the membership of the Commission or by any defect in the appointment of any member thereof.

8If at any meeting of the Commission the votes are equally divided on any question, the person acting as chairman of the meeting shall have a second or casting vote.

9Subject to the foregoing provisions of this Schedule, the Commission shall have power to regulate their own procedure and that of any panel appointed by them.

Office, Officers and ServantsS

10The Commission shall have an office at which communications and notices will be received.

11The Secretary of State may provide the services of such officers and servants as the Commission may require.

Instruments executed or issued by the CommissionS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

SECOND SCHEDULES Provisions as to control schemes

Part IS

Procedure for making control schemesS

1Where the Commission decide to make a control scheme they shall—

(a)serve on every owner and every occupier of land on whom the scheme proposes to impose any requirement a copy of the said scheme, together with a notice stating that any such owner or occupier may, within twenty-eight days of the service of the notice, object to the Secretary of State in such manner as may be specified in the notice to the scheme or to any provision contained therein; and

(b)in two successive weeks publish in the Edinburgh Gazette and in one or more newspapers circulating in the district in which the control area is situated a notice stating that a control scheme has been prepared, describing the said area, naming a place within the district where a copy of the said scheme and of the map referred to therein may be inspected at all reasonable hours, and stating that any person may, within twenty-eight days of the first publication of such notice, object to the Secretary of State in such a manner as may be specified in the notice to the said scheme or to any provision contained therein.

2If no objection is duly made under the last foregoing paragraph or if all objections so made are withdrawn, the Secretary of State may confirm the control scheme either in the form submitted to him or, subject to paragraph 4 of this Schedule, with modifications.

3If any objection duly made as aforesaid is not withdrawn, the Secretary of State shall, before deciding whether to confirm the control scheme, cause a public inquiry to be held, and after considering the objection and the report of the person who held the inquiry may confirm the scheme either in the form submitted to him or, subject to paragraph 4 of this Schedule, with modifications.

4The control scheme shall not be confirmed with any modification unless either—

(a)every person served with a copy of the scheme by virtue of paragraph 1 of this Schedule has been served with notice of the proposal to make the modification and any other person on whom the modification, if made, would impose a requirement, has been served with a notice of the proposal to make the modification along with a copy of the said scheme, and either has consented thereto or has not, before the expiry of fourteen days from the service of the notice, notified the Secretary of State in writing that he objects thereto; or

(b)the modification arises from representations made at an inquiry held under paragraph 3 of this Schedule or from the findings or recommendations of the person holding that inquiry, and every person in respect of whom the modification, if made, would vary or impose a requirement has been served with a copy of the scheme as aforesaid and been afforded an opportunity to appear and be heard at the inquiry.

Part IIS

Procedure for varying or revoking control schemesS

5On the application of the Commission, the Secretary of State may make a scheme varying a control scheme or may revoke a control scheme.

6Before making any such variation or revocation the Secretary of State shall—

(a)serve on every owner and every occupier of land on whom the control scheme has imposed any requirement or would, if varied as proposed, impose any requirement, a draft of the scheme varying the control scheme or, as the case may be, an intimation of the proposed revocation together with a notice stating that any such owner or occupier may, within twenty-eight days of the service of the draft scheme or the intimation, as the case may be, object to the Secretary of State in such a manner as may be specified in the notice to the variation or revocation of the control scheme; and

(b)in two successive weeks publish in the Edinburgh Gazette and in one or more newspapers circulating in the district in which the control area is situated a notice stating that the control scheme is to be varied or revoked and that any person may, within twenty-eight days of the first publication of such notice, object in such manner as may be specified in the notice to the making of the variation or revocation, and in the case of any such variation naming a place within the district where a copy of the scheme as proposed to be varied and any map referred to therein may be inspected at all reasonable hours.

7If no objection is duly made under the foregoing paragraph or if all objections so made are withdrawn, the Secretary of State may vary or revoke the control scheme, as the case may be.

8If any objection duly made as aforesaid is not withdrawn, the Secretary of State shall, before deciding whether to make the variation or revocation as the case may be, cause a public inquiry to be held, and after considering the objection and the report of the person who held the inquiry may make the variation, either in the form of the draft or with modifications, or the revocation, as the case may be.

9A variation of a control scheme shall not be made with any modification unless either—

(a)every person served with a copy of the draft scheme by virtue of paragraph 6 of this Schedule has been served with notice of the proposal to make the modification and any other person on whom the modification, if made, would impose a requirement has been served with a notice of the proposal to make the modification along with a copy of the said draft scheme, and either has consented thereto or has not, before the expiry of fourteen days from the service of the notice, notified the Secretary of State in writing that he objects thereto; or

(b)the modification arises from representations made at an inquiry held under the last foregoing paragraph or from the findings or recommendations of the person holding that inquiry, and every person in respect of whom the modification, if made, would vary or impose a requirement has been served with a copy of the draft scheme as aforesaid and been afforded an opportunity to appear and be heard at the inquiry.

Part IIIS

General Procedural ProvisionsS

10Notwithstanding anything in paragraph 3 or 8 of this Schedule, the Secretary of State may require any person who has made an objection to state in writing the grounds thereof, and may disregard the objection for the purposes of this Schedule if he is satisfied that the objection is frivolous.

11The provisions of [F124subsections (2) to (8) of section 210 of the M5Local Government (Scotland) Act, 1973] (which relate to the holding of local inquiries) shall apply in relation to a public local inquiry held under paragraph 3 or 8 of this Schedule as they apply in relation to local inquiries held under the said section [F124210].

Part IVS

Provisions as to the validity of control schemes and of variations or revocations of such schemesS

12On confirming a control scheme or on varying or revoking such a scheme the Secretary of State shall forthwith—

(a)serve on every person on whom a notice was required to be served under sub-paragraph (a) of paragraph 1 or under sub-paragraph (a) of paragraph 4 of this Schedule or, as the case may be, sub-paragraph (a) of paragraph 6 or under sub-paragraph (a) of paragraph 9 of this Schedule a notice stating that the scheme has been confirmed or, as the case may be, that a variation or revocation of such a scheme has been made;

(b)publish in the Edinburgh Gazette and in one or more newspapers circulating in the district in which the control area is situated a notice stating that the scheme has been confirmed or varied or revoked, as the case may be, and naming a place within the district where a copy of the scheme or, as the case may be, the scheme as varied, and of any maps referred to therein, may be inspected at all reasonable hours.

13If any person aggrieved by a control scheme or by any variation or revocation thereof desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may, within six weeks from the date of the first publication of the notice referred to in sub-paragraph (b) of the last foregoing paragraph, make an application for the purpose to the Court of Session, and if any such application is duly made the Court, if satisfied that the scheme or any variation or revocation thereof is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Act, may quash the scheme or any variation or revocation thereof, either generally or in so far as it affects the applicant; but except as aforesaid the scheme or any variation or revocation thereof shall not at any time be questioned in any proceedings whatsoever.

F125F125THIRD SCHEDULES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .