Wildlife and Natural Environment (Scotland) Act 2011

(18A) (1) This subsection applies where, on or in relation to any land, a person (A) commits a relevant offence while acting as the employee or agent of a person (B) who— (a) has a legal right to kill or take a wild bird on or over that land; or (b) manages or controls the exercise of any such right. (2) Where subsection (1) applies, B is also guilty of the offence and liable to be proceeded against and punished accordingly. (3) In any proceedings under subsection (2), it is a defence for B to show— (a) that B did not know that the offence was being committed by A; and (b) that B took all reasonable steps and exercised all due diligence to prevent the offence being committed. (4) Proceedings may be taken against B in respect of the offence whether or not proceedings are also taken against A. (5) For the purposes of subsection (1)(b), management or control of the exercise of a right to kill or take any wild bird on or over land includes in particular management or control of any of the following— (a) the operation or activity of killing or taking any such birds on or over that land; (b) the habitat of any such birds on that land; (c) the presence on or over that land of predators of any such birds; (d) the release of birds from captivity for the purpose of their being killed or taken on or over that land. (6) In this section and section 18B, “a relevant offence” is— (a) an offence under— (i) section 1(1), (5) or (5B); (ii) section 5(1)(a) or (b); or (iii) section 15A(1); and (b) an offence under section 18 committed in relation to any of the offences mentioned in paragraph (a). (18B) (1) This subsection applies where, on or in relation to any land— (a) a person (A) commits a relevant offence; (b) at the time the offence is committed, A is providing relevant services for a person (B); and (c) B— (i) has a legal right to kill or take a wild bird on or over that land; or (ii) manages or controls the exercise of any such right. (2) Where subsection (1) applies, B is also guilty of the offence and liable to be proceeded against and punished accordingly. (3) In any proceedings under subsection (2), it is a defence for B to show— (a) that B did not know that the offence was being committed by A; and (b) that B took all reasonable steps and exercised all due diligence to prevent the offence being committed. (4) Proceedings may be taken against B in respect of the offence whether or not proceedings are also taken against A. (5) For the purposes of subsection (1)(b), A is providing “relevant services” for B— (a) if A manages or controls any of the following— (i) the operation or activity of killing or taking any wild birds on or over that land; (ii) the habitat of any such birds on that land; (iii) the presence on or over that land of predators of any such birds; (iv) the release of birds from captivity for the purpose of their being killed or taken on or over that land; and (b) whether A is providing the services— (i) by arrangement between A and B; or (ii) by arrangement with or as employee or agent of any other person (C) who is providing or securing the provision of relevant services for B. (6) For the purposes of subsection (5)(b)(ii), C is providing or securing the provision of relevant services for B if C manages or controls any of the things mentioned in sub-paragraphs (i) to (iv) of subsection (5)(a).

.

Modifications and repeals relating to Part 2 and game licensing

Modifications and repeals relating to Part 2 and game licensing

25

• (1) The modifications in Part 1 of the schedule have effect.

• (2) The enactments mentioned in the first column of Part 2 of the schedule are repealed to the extent specified in the second column.

Part 3 — Deer

Deer management etc.

26

• (1) The 1996 Act is amended as follows.

• (2) In section 1 (SNH's deer functions)—

• (a) in subsection (1)(a), for “conservation,” substitute “ conservation of deer native to Scotland, the ”,

• (b) in subsection (2)—

• (i) the word “and” immediately after paragraph (b) is repealed,

• (ii) after paragraph (c) insert—

(d) the interests of public safety; and (e) the need to manage the deer population in urban and peri-urban areas.

.

• (3) In section 3 (power of SNH to facilitate exercise of functions)—

• (a) in subsection (1)—

• (i) the word “and” immediately after paragraph (a) is repealed,

• (ii) after paragraph (b) insert

; and (c) to assist any person or organisation in reaching agreements with third parties,

,

• (b) after subsection (2) insert—

(3) A public body or office-holder issued guidance or advice under subsection (1)(a) must have regard to such guidance or advice in exercising any functions to which the guidance relates.

.

• (4) In section 4(1) (appointment of panels), the words “, not exceeding nine,” are repealed.

• (5) In section 18(2) (taking or killing at night), for paragraph (a) substitute—

(a) the taking or killing is necessary— (i) to prevent damage to crops, pasture, human or animal foodstuffs, or to woodland; or (ii) in the interests of public safety; and

.

Deer management code of practice

27

• (1) After section 5 of the 1996 Act insert—

(5A) (1) SNH must draw up a code of practice for the purpose of providing practical guidance in respect of deer management. (2) The code of practice may, in particular— (a) recommend practice for sustainable deer management; (b) make provision about collaboration in deer management; (c) set out examples of circumstances in which SNH may seek to secure a control agreement or make a control scheme; (d) make different provision for different cases and, in particular, for different circumstances, different times of the year or different areas. (3) SNH must from time to time review the code of practice. (4) SNH may replace or revise the code of practice. (5) Before drawing up, replacing or revising the code, SNH must consult any person appearing to them to have an interest in the code. (6) SNH must submit a proposed code of practice (or a proposed replacement or revision) to the Scottish Ministers and, on receiving it, the Scottish Ministers may— (a) approve it, with or without modifications; or (b) reject it. (7) Where the Scottish Ministers reject a proposed code of practice (or a proposed replacement or revision) under subsection (6)(b) above they may either instruct SNH to submit a new code (or replacement or revision) or they may substitute a new code (or replacement or revision) of their own devising. (8) The first code of practice, and any replacement code of practice— (a) must be laid before, and approved by resolution of, the Scottish Parliament; and (b) comes into effect on such date after approval under paragraph (a) as is specified in the code. (9) Any revision to a code of practice must— (a) be laid before the Scottish Parliament; and (b) specify the date on which it is to come into effect (such date to be at least 40 days after it is so laid, disregarding any period during which the Parliament is dissolved or in recess). (10) The Scottish Parliament may, before such revision comes into effect, resolve that it is not to come into effect. (11) The Scottish Ministers must publish a code of practice (or any replacement or revision) no later than the day before the code (or replacement or revision) is to come into effect. (12) SNH must— (a) monitor compliance with a code of practice drawn up under this section; and (b) have regard to such a code in exercising its functions under this Act.

.

• (2) In section 45(1) (interpretation) of the 1996 Act, after the definition of “animal foodstuffs” insert—

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

.

Control agreements and control schemes etc.

28

• (1) The 1996 Act is amended as follows.

• (2) In section 7 (control agreements)—

• (a) in subsection (1)—

• (i) after “SNH” insert “ , having had regard to the code of practice on deer management, ”,

• (ii) the word “deer”, where first occurring, is repealed,

• (iii) in paragraph (a)—

• (A) at the beginning insert “ deer or steps taken or not taken for the purposes of deer management ”,

• (B) in sub-paragraph (i), after “foodstuffs,” insert “ to the welfare of deer ”,

• (C) the word “or” immediately after sub-paragraph (i) is repealed,

• (D) after that sub-paragraph insert—

(ia) damage to public interests of a social, economic or environmental nature; or

,

• (iv) in paragraph (b), at the beginning insert “ deer ”,

• (v) for the words “the deer in that locality should be reduced in number” substitute “ or for the remedying of such damage, measures require to be taken in relation to the management of deer ”,

• (vi) the words “for that reduction in number” are repealed,

• (b) in subsection (3) after “SNH” insert “ , having had regard to the code of practice on deer management, ”,

• (c) in subsection (4)—

• (i) after “After” insert “ it has given notice to such owners and occupiers of land as it considers to be substantially interested that ”,

• (ii) for the words from first “such” to “interested” substitute “ those owners or occupiers ”,

• (d) in subsection (5)—

• (i) the word “and” immediately after paragraph (d) is repealed,

• (ii) after paragraph (e) insert

; and (f) set out measures, or steps towards taking such measures, which the owners or occupiers are to take during each 12 month period for which the agreement has effect,

,

• (e) after subsection (6) insert—

(7) SNH must, on at least an annual basis, review a control agreement for the purpose of assessing compliance with its provisions.

.

• (3) In section 8 (control schemes)—

• (a) for subsection (1) substitute—

(A1) This subsection applies where SNH has given notice under subsection (4) of section 7 of this Act and— (a) either— (i) SNH is satisfied that it is not possible to secure a control agreement or that a control agreement is not being carried out; or (ii) 6 months have elapsed since SNH gave the notice and no agreement has been reached on the matters mentioned in that subsection; and (b) SNH continues to have the view that required it to consult under that subsection. (1) Where subsection (A1) above applies and SNH, having had regard to the code of practice on deer management, is satisfied that action is necessary for the purposes mentioned in subsection (1) or, as the case may be, subsection (3) of section 7 of this Act, it shall make a scheme (a “control scheme”) for the carrying out of such measures as it considers necessary for those purposes.

,

• (b) in subsection (2)—

• (i) for “Subsection (1) above does” substitute “ Subsections (A1) and (1) above do ”,

• (ii) at the end insert “ (except where a purpose of the control agreement is to remedy damage caused, directly or indirectly, by deer or by steps taken or not taken for the purposes of deer management). ”,

• (c) subsection (5) is repealed,

• (d) after subsection (7) insert—

(7A) Where any control scheme has been confirmed, SNH must, on at least an annual basis, review it for the purpose of assessing compliance with its provisions.

.

• (4) In section 10 (emergency measures)—

• (a) in sub-paragraph (i) of subsection (1)(a) the word “serious” is repealed,

• (b) after that sub-paragraph insert—

(ia) are causing damage to their own welfare or the welfare of other deer;

.

• (5) In section 11 (application of section 10 to natural heritage), the word “serious” is repealed.

• (6) In Schedule 2 (provisions as to control schemes)—

• (a) in paragraph 1(b)—

• (i) for the words from “two” to “situated” substitute “ such manner as SNH thinks fit ”,

• (ii) in sub-sub-paragraph (iii), the words “within the district” are repealed,

• (b) in paragraph 3, for the words from “shall” to “may” substitute

— (a) must consider the objection, and (b) may

,

• (c) in paragraph 4—

• (i) the word “either” where it first occurs is repealed,

• (ii) the words from “; or” to the end are repealed,

• (d) in paragraph 6(b)—

• (i) for the words from “two” to “situated” substitute “ such manner as the Scottish Ministers think fit ”,

• (ii) in sub-sub-paragraph (iii), the words “within the district” are repealed,

• (e) in paragraph 8, for the words from “shall” to “may” where it second occurs substitute

— (a) must consider the objection, and (b) may

,

• (f) in paragraph 9—

• (i) the word “either” where it first occurs is repealed,

• (ii) the words from “; or” to the end are repealed,

• (g) paragraph 11 is repealed,

• (h) in paragraph 12(b)—

• (i) for the words from “the” where it first occurs to “situated” substitute “ such manner as the Scottish Ministers think fit ”,

• (ii) in sub-sub-paragraph (ii), the words “within the district” are repealed,

• (i) in paragraph 13—

• (i) in sub-paragraph (1), for “and (3)” substitute “ to (4) ”,

• (ii) for sub-paragraphs (2) and (3) substitute—

(2) Any owner or occupier of land who is aggrieved by— (a) a decision of the Scottish Ministers to— (i) confirm a control scheme, (ii) make a scheme varying a control scheme, or (iii) revoke a control scheme, or (b) the terms or conditions of such a scheme, may appeal to the Scottish Land Court. (3) An appeal under sub-paragraph (2) must be lodged not later than 28 days after the date of publication of the notice referred to in paragraph 12(b). (4) The Scottish Land Court must determine an appeal under sub-paragraph (2) on the merits rather than by way of review and may do so by— (a) affirming the control scheme, (b) directing the Scottish Ministers to revoke the scheme, (c) making such other order as it thinks fit.

.

Deer: close seasons etc.

29

• (1) The 1996 Act is amended as follows.

• (2) In section 5 (close season authorisations)—

• (a) in subsection (6)—

• (i) the words from the beginning to “and” where it first occurs are repealed,

• (ii) for paragraphs (a) and (b) substitute—

(a) the taking or killing is necessary— (i) to prevent damage to any crops, pasture or human or animal foodstuffs on any agricultural land which forms part of that land; or (ii) to prevent damage to any enclosed woodland which forms part of that land; or (b) the taking or killing is necessary— (i) to prevent damage to any unenclosed woodland which forms part of that land; or (ii) to prevent damage, whether directly or indirectly, to the natural heritage generally; or (iii) in the interests of public safety, and no other means of control which might reasonably be adopted in the circumstances would be adequate.

,

• (b) after subsection (7), add—

(8) An authorisation under subsection (6) or (7) above— (a) may be, to any degree, general or specific (including as regards the land in relation to which it is granted); (b) may be granted to a particular person or to a category of persons.

.

• (3) In section 26 (right of occupier in respect of deer causing serious damage)—

• (a) in the title, the word “serious” is repealed,

• (b) in subsection (1)—

• (i) the words from “Notwithstanding” to “Act,” are repealed,

• (ii) the word “serious” is repealed,

• (c) after that subsection insert—

(1A) Subsection (1) above does not apply during any period fixed by order under section 5(1) of this Act in relation to the sex and species of the deer concerned.

.

• (4) In section 37 (restrictions on granting of certain authorisations)—

• (a) in subsection (1), at the beginning insert “ Except as mentioned in subsection (1A) below, ”,

• (b) after that subsection, insert—

(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.

.

Register of persons competent to shoot deer etc.

30

• (1) The 1996 Act is amended as follows.

• (2) Before section 17, insert the following italic heading— “ Unlawful killing, taking and injuring of deer ”.

• (3) In section 17 (unlawful killing, taking and injuring of deer), subsection (4) is repealed.

• (4) After that section, insert—

(17A) (1) The Scottish Ministers may by regulations— (a) make provision for the establishment and operation of a register of persons competent to shoot deer in Scotland; (b) prohibit any person from shooting deer unless the person is— (i) registered; or (ii) supervised by a registered person; (c) provide that being a registered person is sufficient to meet the requirements as to fitness and competence under sections 26(2)(d) and 37(1); (d) require registered persons or owners or occupiers of land to submit cull returns to SNH. (2) Regulations under subsection (1) above— (a) may make such supplementary, incidental or consequential provision as the Scottish Ministers think fit and may, in particular, make provision (or allow SNH to make provision) in relation to— (i) who is to keep and maintain the register; (ii) applications for registration (or for amendment of, or removal from, the register); (iii) the determination of applications for registration (including the criteria to be used to determine whether a person is competent to shoot deer); (iv) the imposition of conditions on the granting of an application (including conditions about compliance with any requirement for a registered person to submit a cull return); (v) the amendment of the register; (vi) the removal of a person from the register (including by revocation of registration); (vii) the charging of fees in connection with registration; (viii) appeals against decisions to— (A) refuse to register a person; (B) impose conditions on the granting of an application; (C) remove a person from the register; (ix) circumstances in which a person shooting deer is to be regarded as being, or not being, supervised by a registered person; (x) the information to be included in cull returns; (xi) the periods in respect of, and within, which cull returns are to be submitted; (xii) the form and manner in which cull returns are to be submitted; (xiii) the repeal of section 40; and (xiv) consequential modification of any of sections 5, 16, 18, 26 or 37 of, or Schedule 3 to, this Act; and (b) may make different provision for different purposes. (3) Before making regulations under subsection (1) above, the Scottish Ministers (or a person nominated by them) must consult such persons and organisations as they consider (or, as the case may be, the nominated person considers) have an interest in the regulations. (4) Any person who shoots a deer on any land in contravention of regulations made under subsection (1)(b) above is guilty of an offence. (5) Subsection (4) above does not apply where a person shoots a deer for the purpose mentioned in section 25 of this Act. (6) Any person who— (a) fails without reasonable cause to submit a cull return in accordance with regulations made under subsection (1)(d) above; or (b) knowingly or recklessly provides any information in a cull return so submitted which is, in a material particular, false or misleading, is guilty of an offence. (7) In this section, “cull return”— (a) when required to be submitted by a registered person, means a written statement showing the number of deer of each species and of each sex which to his knowledge has been killed; and (b) when required to be submitted by an owner or occupier of land, means a written statement showing the number of deer of each species and of each sex which to his knowledge has been taken or killed on the land. (17B) (1) SNH must carry out a review of the following matters if the power in section 17A(1) is not exercised by 1st April 2014— (a) levels of competence among persons who shoot deer in Scotland; (b) the effect of such levels of competence on deer welfare. (2) In any such review, the matters SNH must consider include— (a) the extent to which such persons have been trained to shoot deer and the availability and nature of such training; (b) any available evidence as regards any effect of the absence of such training, or the nature of such training, on the welfare of deer which have been shot. (3) If SNH carries out a review, it must— (a) when doing so consult such persons and organisations as it considers have an interest in the review; and (b) publish a report of the review.

.

• (5) Before section 18, insert the following italic heading— “ Other offences and attempts to commit offences ”.

• (6) In section 30 (power to convict of alternative offence), after “17” insert “ , 17A(4) ”.

• (7) In section 31(4) (forfeiture of deer), after “17(1), (2) or (3)” insert “ , 17A(4) ”.

• (8) In section 45(1) (interpretation)—

• (a) after the definition of “red deer” insert—

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

,

• (b) after the definition of “roe deer” insert—

“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;

.

• (9) In Schedule 3 (penalties), after the entry for section 17(3) insert—

17A(4)	Shooting deer when not registered or supervised	a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
17A(6)	Failure to submit cull return or making false or misleading cull return	a fine of level 3 on the standard scale or 3 months imprisonment or both

.

Action intended to prevent suffering

31

• (1) The 1996 Act is amended as follows.

• (2) In section 25 (action intended to prevent suffering)—

• (a) before paragraph (a), insert—

(za) a deer which is starving and which has no reasonable chance of recovering;

,

• (b) in paragraph (b), the word “by” is repealed.

Offences by bodies corporate, Scottish partnerships etc. under the 1996 Act

32

• (1) The 1996 Act is amended as follows.

• (2) In section 29 (offences by bodies corporate)—

• (a) the existing text becomes subsection (1),

• (b) after that subsection, insert—

(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.

.

• (3) After that section, insert—

(29A) 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.

.

Part 4 — Other wildlife etc.

Protection of badgers

Protection of badgers

33

• (1) The 1992 Act is amended as follows.

• (2) In section 1 (taking, killing or injuring badgers) after subsection (5) add—

(6) A person is guilty of an offence if, except as permitted by or under this Act, he knowingly causes or permits to be done an act which is made unlawful by subsection (1) or (3) above.

.

• (3) In section 2 (cruelty) after subsection (2) add—

(3) A person is guilty of an offence if, except as permitted by or under this Act, the person knowingly causes or permits to be done an act which is made unlawful by subsection (1) above.

.

• (4) In section 4 (selling and possession of live badgers)—

• (a) the existing text becomes subsection (1),

• (b) after that subsection add—

(2) A person is guilty of an offence if, except as permitted by or under this Act, the person knowingly causes or permits to be done an act which is made unlawful by subsection (1) above.

.

• (5) In section 5 (marking and ringing)—

• (a) the existing text becomes subsection (1),

• (b) after that subsection add—

(2) A person is guilty of an offence if, except as permitted by or under this Act, the person knowingly causes or permits to be done an act which is made unlawful by subsection (1) above.

.

• (6) In section 10 (licences)—

• (a) in subsection (1) for “conservation body” substitute “ authority ”,

• (b) in subsection (2)—

• (i) the words from the beginning to the second “licence” are repealed,

• (ii) paragraphs (a) to (d) become paragraphs (g) to (j) of subsection (1),

• (c) in subsection (3)—

• (i) the words from the beginning to the second “licence” are repealed,

• (ii) the remaining words becomes paragraph (k) of subsection (1),

• (d) for subsection (4) substitute—

(4) In this section “the appropriate authority” means the Scottish Ministers or such other person to whom the Scottish Ministers delegate power under section 10A below.

,

• (e) subsection (5) is repealed,

• (f) for subsection (6) substitute—

(6) The Scottish Ministers must consult Scottish Natural Heritage before granting a licence under subsection (1) above.

,

• (g) subsection (7) is repealed,

• (h) in subsection (8), after the word “be” insert “ modified or ”,

• (i) in subsection (10), for “subsection (2)(a)” substitute “ subsection (1)(g) ”.

• (7) After that section insert—

(10A) (1) The Scottish Ministers may delegate their functions in relation to licences under section 10 above to— (a) Scottish Natural Heritage; or (b) a local authority (but only in relation to the purpose mentioned in section 10(1)(d)). (2) A delegation may be, to any degree, general or specific and may in particular relate to— (a) a specific badger or badger sett; (b) a particular licence or type of licence; (c) a particular area. (3) Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type that were granted before the delegation. (4) A delegation to— (a) Scottish Natural Heritage under subsection (1)(a) above is to be made by written direction; (b) a local authority under subsection (1)(b) above is to be made by order made by statutory instrument. (5) A local authority which is delegated a function under subsection (1)(b) above must, before granting or modifying a licence, consult Scottish Natural Heritage. (6) The Scottish Ministers may modify or revoke a direction under subsection (4)(a) above. (7) Where a direction or order under subsection (4) above is revoked, any existing licence granted under the direction or order continues to have effect (unless the revoking direction or order provides otherwise). (8) A statutory instrument containing an order under subsection (4)(b) above is subject to annulment in pursuance of a resolution of the Scottish Parliament. (9) Before making an order under subsection (4)(b) above, the Scottish Ministers must consult— (a) the local authority to which functions are to be delegated under the order; (b) Scottish Natural Heritage; and (c) any other persons the Scottish Ministers consider are affected by the making of the order. (10) The Scottish Ministers must give consideration to any proposals for the making by them of an order under subsection (4)(b) above with respect to any area which may be submitted to them by a local authority whose area includes that area.

.

• (8) In section 11A (attempts), in subsection (3)—

• (a) after “above” insert “ or section 1(6) above ”,

• (b) after “consisting of” insert “ or involving ”,

• (c) for “the accused” substitute “ a person ”.

• (9) In section 12 (penalties and forfeiture)—

• (a) in subsection (1)—

• (i) for the words from the first “section” to the third “above” substitute “ a provision mentioned in subsection (1ZA) below ”,

• (ii) after “section 5” insert “ (1) or (2) ”,

• (b) after that subsection insert—

(1ZA) The provisions referred to in subsection (1) above are— (a) section 2(1)(d) above or section 2(3) above (in relation to an act made unlawful by section 2(1)(d) above); and (b) section 3(1)(a) to (c) or (e) above or section 3(2) (in relation to an act made unlawful under section 3(1)(a) to (c) or (e) above).

,

• (c) in subsection (1A)—

• (i) for the words from the first “section” to the third “above” substitute “ a provision mentioned in subsection (1B) below ”,

• (ii) in paragraph (a)—

• (A) for “six” substitute “ 12 ”,

• (B) for “level 5 on the standard scale” substitute “ the statutory maximum ”,

• (d) after that subsection insert—

(1B) The provisions referred in subsection (1A) above are— (a) section 1(1), (3) and (6); (b) section 2(1)(a) to (c) above and section 2(3) above (in relation to an act made unlawful by section 2(1)(a) to (c) above); (c) section 3(1)(d) above or section 3(2) above (in relation to an act made unlawful by section 3(1)(d) above); and (d) section 4(1) and (2) above.

.

• (10) In section 12A (time limit for bringing summary proceedings), in subsection (1), for “section 1(1), 2, 3, 5” substitute “ any of sections 1 to 5 ”.

• (11) In section 13 (powers of court where dog used or present at commission of offence) after “1(1)” insert “ or (6) (in relation to an act made unlawful by section 1(1)) ”.

Muirburn

Muirburn

34

• (1) The 1946 Act is amended as follows.

• (2) For section 23 (prohibition of muirburn at certain times) substitute—

(23) (1) A person may make muirburn on land only during the muirburn season. (2) The muirburn season consists of— (a) the standard muirburn season; and (b) the extended muirburn season. (3) The standard muirburn season is the period of time from 1 October in any year to 15 April in the following year. (4) The extended muirburn season is the period of time from 16 April to 30 April in any year. (5) A person may make muirburn in the extended muirburn season only if the person is— (a) the proprietor of the land; or (b) authorised in writing by, or on behalf of, the proprietor of the land.

.

• (3) In section 23A (power to vary permitted times for making muirburn)—

• (a) in subsection (1), for the words from “subsection (1)” to the end substitute “ subsection (3) or (4) of that section such other dates as they consider appropriate so as to extend or reduce the standard muirburn season or extended muirburn season. ”,

• (b) after that subsection insert—

(1A) An order under subsection (1) may make different provision for different purposes and, in particular, for— (a) different land (for example, for land at different altitudes); (b) standard muirburn seasons or extended muirburn seasons in different years.

,

• (c) in subsection (2)—

• (i) the words “in relation to climate change” become paragraph (a),

• (ii) after that paragraph insert—

(b) for the purposes of conserving, restoring, enhancing or managing the natural environment; or (c) for the purposes of public safety.

,

• (d) in subsection (3) from the word “immediately” to the end substitute “ on the coming into force of section 34 of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6). ”.

• (4) After that section insert—

(23B) (1) Where the standard muirburn season or the extended muirburn season is extended for any land by an order under section 23A(1), the Scottish Ministers may by order make provision regulating the making of muirburn during the additional period. (2) Any provision so made applies in addition to the regulation by the provisions of this Act of the making of muirburn during the standard muirburn season or the extended muirburn season. (3) An order under subsection (1) may make provision— (a) as to the giving of notice; (b) as to the making, to the Scottish Ministers or a specified person, of representations or objections; (c) as to the consideration by the Ministers or a specified person of any such representations or objections; (d) requiring the approval of the Ministers or a specified person for the making of muirburn; (e) as to such approval being able to be subject to conditions; (f) as to the making of muirburn being subject to conditions specified in the order; (g) creating offences; (h) providing that any offence created is triable only summarily; (i) providing for any offence created to be punishable by a fine not exceeding level 3 on the standard scale; (j) as to such other regulation of the making of muirburn as the Scottish Ministers consider appropriate. (4) Conditions specified in pursuance of subsection (3)(f) may refer to matters specified elsewhere. (5) In— (a) subsection (1), “the additional period means the period for which the standard muirburn season or, as the case may be, the extended muirburn season is extended for the time being for any land by an order under section 23A(1); (b) subsection (3), “specified person” means a person specified in the order. (6) The power conferred by subsection (1) is exercisable by statutory instrument. (7) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament. (23C) (1) The Scottish Ministers may grant a licence to a person to make muirburn (a “muirburn licence”) during any period, other than the muirburn season, specified in the licence. (2) A muirburn licence may, in particular, make provision for— (a) the land on which the muirburn may be made; and (b) the persons or types of persons who may make the muirburn. (3) A muirburn licence may— (a) relate to only part of the land to which the application relates; (b) be subject to any specified conditions (including conditions about the giving of notice). (4) A muirburn licence may be granted only for the purposes of— (a) conserving, restoring, enhancing or managing the natural environment; (b) research; or (c) public safety. (5) The Scottish Ministers may modify or revoke a muirburn licence. (6) The Scottish Ministers may delegate their power to grant, modify and revoke muirburn licences to Scottish Natural Heritage. (7) A delegation— (a) must be made by written direction; and (b) may be, to any degree, general or specific and may in particular relate to— (i) a particular licence or type of licence; (ii) a particular area. (8) Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type which were granted before the delegation. (9) The Scottish Ministers may modify or revoke a direction under subsection (7). (10) Where a direction is revoked, any existing licence granted under the direction continues to have effect (unless the revoking direction provides otherwise). (11) The Scottish Ministers may, by regulations, make further provision for, or in connection with, muirburn licences. (12) The power conferred by subsection (11) must be exercised by statutory instrument. (13) A statutory instrument containing regulations under subsection (11) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

.

• (5) In section 24 (right of tenant to make muirburn notwithstanding terms of lease), after subsection (2) insert—

(2A) Notice by a tenant to a proprietor of land under subsection (2)— (a) must be in writing; and (b) may be given to any person purporting to be authorised by the proprietor to receive the notice.

.

• (6) In section 25 (regulation of muirburn)—

• (a) before paragraph (a) insert—

(za) makes muirburn or causes or procures the making of muirburn on any land otherwise than— (i) during the muirburn season in accordance with section 23; or (ii) in accordance with a licence granted under section 23C;

,

• (b) paragraph (c) is repealed.

• (7) In section 26 (notices as to muirburn)—

• (a) for the title, substitute “ Notice as to muirburn: general requirement ”,

• (b) for subsections (1) and (2) substitute—

(1) A person who intends to make muirburn during the muirburn season must give notice in writing under this section to— (a) the proprietor of the proposed muirburn site (if different from the person making the muirburn); and (b) any occupier of land situated within 1 kilometre of the proposed muirburn site. (An order under section 23B(1) may make provision as to other notice to be given in relation to certain periods; and section 24(2) makes provision as to other notice to be given by a tenant.) (2) Notice need not be given to a person (“A”) under this section if A has given notice in writing to the person intending to make muirburn that A wishes not to be notified of any intention to make muirburn. (3) Where there are 10 or more occupiers of land situated within 1 kilometre of the proposed muirburn site, the person making muirburn may, instead of giving notice under this section to each occupier separately in accordance with section 26A, notify those persons collectively by placing a notice in at least one newspaper circulating in the area which includes the proposed muirburn site. (4) Notice under this section must— (a) be given— (i) after the expiry of the previous muirburn season; and (ii) not less than 7 days before the muirburn is made; (b) specify the land on which the muirburn is intended to be made; (c) specify that the person being notified may, before the muirburn is made, require further information in relation to— (i) the dates on or between which the muirburn is intended to be made; (ii) the places at which the muirburn is intended to be made; and (iii) the approximate extent of the proposed muirburn. (5) Where either the proprietor of the land or an occupier of land situated within 1 kilometre of the proposed muirburn site requests any of the further information mentioned in subsection (4)(c), the person intending to make the muirburn must make reasonable efforts to comply with the request not later than the end of the day before the muirburn is made. (6) Any notice required to be given to proprietors of land under this section may be given to any person purporting to be authorised by the proprietor to receive the notice. (7) Any person who fails to comply with the requirements of this section is guilty of an offence.

.

• (8) After that section insert—

(26A) (1) Subject to the provisions of this section, any written notice required to be given to a person under section 24(2) or 26 may be given— (a) by delivering it to the person personally; (b) by leaving it at, or posting it to, the usual or last known address of the person in the United Kingdom, or in a case where an address has been given by the person, at or to that address; (c) where the person is— (i) a body corporate, by leaving it at or posting it to the address of the registered or principal office of the body in the United Kingdom; (ii) a partnership, by leaving it at or posting it to the principal office of the partnership in the United Kingdom; (d) to the person by electronic communication of any particular form if— (i) the person has agreed to be notified in that form; (ii) the person has supplied the person who is to send the notice with the person's electronic address or number; and (iii) the electronic communication is capable of being accessed and understood by the person. (2) Where, after reasonable inquiry, the identity of an occupier cannot be ascertained for the purposes of giving notice under section 26, notice may be given by— (a) addressing the notice to “Any occupiers of the land” (describing it); and (b) affixing it to some conspicuous object on the land. (3) Unless the contrary is shown, a notice given in accordance with subsection (1)(d) is taken to have been received 48 hours after it is given.

.

• (9) In section 27 (offences as to muirburn)—

• (a) in the title, for “Offences” substitute “ Penalties etc. for offences ”,

• (b) for the words “twenty-three or section twenty-five” substitute “ 25 or 26(7) ”.

Offences by bodies corporate, Scottish partnerships etc. under the 1946 Act

35

After section 34 of the 1946 Act, insert—

(34A) (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 attributable to any neglect on the part of— (a) a director, manager, secretary or other similar officer of the body; or (b) a person who purported to act in any such capacity, he (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly. (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. (3) 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 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.

.

Part 5 — Biodiversity

Reports on compliance with biodiversity duty

36

After section 2 of the 2004 Act insert—

(2A) (1) A public body must prepare and publish a biodiversity report within 3 years of— (a) the base date, (b) the date on which a report was last published by the body under this subsection. (2) A biodiversity report is a report on the actions taken by the body in pursuance of its duty under section 1 during the period to which the report relates. (3) The base date is— (a) the date on which section 36 of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) comes into force, or (b) where the body is established after that date, the date on which the body is established. (4) A report under this section— (a) is to be prepared in such form and published in such manner as the body thinks fit, (b) may be incorporated within another report prepared or published by the body.

.

Part 6 — Sites of special scientific interest

Combining sites of special scientific interest

37

• (1) The 2004 Act is amended as follows.

• (2) After section 5 insert—

(5A) (1) Where SNH considers that two or more sites of special scientific interest should be combined, it may notify that fact to the persons who are the interested parties in relation to the sites in question. (2) Subsections (4) to (7) of section 3 apply in relation to a notification under subsection (1) as they apply to a notification under section 3(1), but as if— (a) references in section 3(4)(a)(ii) and (iii) to a natural feature were references to the natural features by reason of which SNH considers the original sites to be of special interest, and (b) section 3(4) required the notification to also be accompanied by a revised site management statement prepared in relation to the combined site of special scientific interest. (3) Accordingly, from the date when notification is given under subsection (1)— (a) that notification is an “SSSI notification” for the purposes of this Act, (b) the combined site of special scientific interest is a single “site of special scientific interest” for the purposes of this Act, and (c) the original SSSI notifications cease to have effect. (4) SNH must give public notice describing the general effect of an SSSI notification given by virtue of subsection (1) in such manner (including on the internet or by other electronic means) as SNH thinks fit. (5) Nothing in this section allows SNH to— (a) include any land in a combined site of special scientific interest which was not included in at least one of the original sites of special scientific interest, (b) add to the operations requiring consent specified in the original SSSI notifications (otherwise than by extending the original area to which any such operation requiring consent related so as to include any land in the combined site of special scientific interest).

.

• (3) In section 48(11)(a) (notices etc.), after “5(1)” insert “ , 5A(1) ”.

• (4) In section 58(1) (interpretation)—

• (a) in the definition of “site of special scientific interest”, after “3(6)” insert “ (read, where necessary, together with section 5A(3)(b)) ”,

• (b) in the definition of “SSSI notification”, after “3(5)” insert “ (read, where necessary, together with section 5A(3)(a)) ”.

Denotification of SSSIs: damage caused by authorised operations

38

In section 9 (denotification of SSSIs) of the 2004 Act, after subsection (4) insert—

(5) This subsection applies where— (a) a public body or office-holder (after consulting SNH in accordance with any enactment) permits the carrying out of an operation, (b) the carrying out of the operation in pursuance of that permission damages a natural feature specified in an SSSI notification, (c) SNH, because of that damage, gives notification under subsection (1) of its intention to revoke or modify the SSSI notification, and (d) the explanation given by virtue of subsection (4)(a)(ii) in the document accompanying the notification under subsection (1)— (i) states that SNH considers that all or part of the site of special scientific interest is no longer of special interest by reason of the damage caused by the carrying out of the permitted operation, and (ii) explains the effect of subsection (6)(b). (6) Where subsection (5) applies— (a) section 11, and paragraphs 3 to 15 of schedule 1, do not apply in relation to the notification under subsection (1), and (b) the relevant SSSI notification is revoked or, as the case may be, modified when the notification is given under subsection (1).

.

SSSIs: operations requiring consent

39

• (1) The 2004 Act is amended as follows.

• (2) In section 13(1) (SNH consent required for operations carried out by public bodies), after “out” insert “ , or cause or permit to be carried out on land owned or occupied by the public body or office-holder, ”.

• (3) In section 14 (SNH consent not required for certain operations)—

• (a) in subsection (1)—

• (i) after paragraph (c) insert—

(ca) in accordance with a control scheme made under section 8 of the Deer (Scotland) Act 1996 (c.58),

,

• (ii) the word “or” immediately following paragraph (d) is repealed,

• (iii) after paragraph (e) insert

, or (f) if that operation is of a type described by order made by the Scottish Ministers.

,

• (b) in subsection (2), after second “out” insert “ or cause or permit to be carried out ”,

• (c) in subsection (3)—

• (i) in paragraph (a)(i), for “proposes to commence the operation” substitute “ is proposed that the operation be commenced ”,

• (ii) in paragraph (b), after “way” insert “ , or causes or permits the operation to be carried out only in such a way, ”,

• (iii) in paragraph (c), after “operation” insert “ or, as the case may be, in causing or permitting the carrying out of the operation, ”,

• (d) in subsection (4)(a), for “an operation for” substitute “ or causes or permits the carrying out of an operation in circumstances in ”.

• (4) In section 17 (SNH consent not required for certain operations)—

• (a) in subsection (1)—

• (i) after paragraph (c) insert—

(ca) in accordance with a control scheme made under section 8 of the Deer (Scotland) Act 1996 (c.58),

,

• (ii) the word “or” immediately following paragraph (d) is repealed,

• (iii) after paragraph (e) insert

, or (f) if that operation is of a type described by order made by the Scottish Ministers.

,

• (b) in subsection (4), for the words from “owner” to “functions” substitute “ operation in respect of which section 13 applies. ”.

SSSI offences: civil enforcement

40

• (1) The 2004 Act is amended as follows—

• (a) after section 20 insert—

(20A) (1) SNH may propose to give a restoration notice where it is satisfied that a person (the “responsible person”)— (a) has committed an offence under section 19(1), or (b) has committed an offence under section 19(3) in respect of an operation which has damaged a natural feature specified in an SSSI notification. (2) A restoration notice is a notice which requires the responsible person to carry out such operations as may be specified in the notice, within such periods from the notice taking effect as may be so specified, for the purpose of restoring, so far as is reasonably practicable, the damaged natural feature to its former condition. (3) A proposal under subsection (1) must be made to the responsible person and must— (a) explain why SNH proposes to give the restoration notice, (b) be accompanied by a draft of the proposed restoration notice, (c) explain that giving notice of intention to comply with the restoration notice within 28 days of it being given would discharge the responsible person from liability to conviction for the offence in question, (d) explain that the responsible person has the right to make representations to SNH about the proposal within the period of 28 days from the date on which the proposal is made, (e) specify the manner in which such representations must be made. (4) SNH may, after the period for making representations about a proposal has expired, give the restoration notice (with or without modifications) to the responsible person. (5) A restoration notice has effect only if the responsible person gives SNH notice of intention to comply with it within 28 days of it being given. (6) SNH may by giving notice to a responsible person in respect of whom a restoration notice has effect— (a) extend the period specified in the restoration notice within which operations are to be carried out, or (b) otherwise modify the restoration notice in such manner as SNH considers appropriate. (7) A notice may be given under paragraph (b) of subsection (6) only where the responsible person has consented to the modification. (8) SNH may withdraw a restoration notice (by giving notice to the responsible person) where it is satisfied on the basis of information subsequently obtained that the restoration notice should not have been given to the responsible person. (9) Where a restoration notice is withdrawn, SNH must compensate the responsible person for any expenses reasonably incurred in complying with the restoration notice. (10) Proceedings against the responsible person may not be commenced or continued for an offence in relation to which the restoration notice has effect (even if the restoration notice is subsequently withdrawn). (11) If, within the period specified in a restoration notice, the responsible person to whom it is given fails, without reasonable excuse, to comply with it, the responsible person is guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding £40,000, (b) on conviction on indictment, to a fine. (12) If, within the period specified in a restoration notice, any operations so specified have not been carried out in accordance with the restoration notice, SNH may— (a) carry out those operations, and (b) recover from the responsible person any expenses reasonably incurred by it in doing so.

,

• (b) in section 14(1) (SNH consent not required for certain operations by public bodies), after paragraph (a) insert—

(aa) in accordance with a restoration notice given under section 20A(4) or a restoration order made under section 40(1),

,

• (c) in section 17(1) (SNH consent not required for certain operations by owners or occupiers), after paragraph (a) insert—

(aa) in accordance with a restoration notice given under section 20A(4) or a restoration order made under section 40(1),

,

• (d) in section 44(1) (powers of entry), after paragraph (b) insert—

(ba) to ascertain whether an operation required to be carried out by a restoration notice given under section 20A(4) has been carried out in accordance with the notice, (bb) to carry out operations in pursuance of section 20A(12),

,

• (e) in paragraph 1(1)(b) (duty to give notice before entering occupied premises) of schedule 4, for “(1)(h)” substitute “ (1)(bb), (h) ”.

• (2) In section 8B(1) (protection afforded to spent alternatives) of the Rehabilitation of Offenders Act 1974 (c.53), after paragraph (c) insert—

(ca) has, under subsection (5) of section 20A of the Nature Conservation (Scotland) Act 2004 (asp 6), given notice of intention to comply with a restoration notice given under subsection (4) of that section,

.

• (3) The Criminal Procedure (Scotland) Act 1995 (c.46) is amended as follows—

• (a) in section 69(7) (notice of previous alternative disposals), after paragraph (b) insert

; (c) a restoration notice given under subsection (4) of section 20A of the Nature Conservation (Scotland) Act 2004 (asp 6) in respect of which the accused has given notice of intention to comply under subsection (5) of that section in the two years preceding the date of an offence charged.

,

• (b) in section 101 (previous convictions)—

• (i) in subsection (10), after paragraph (b) insert

; (c) a restoration notice given under subsection (4) of section 20A of the Nature Conservation (Scotland) Act 2004 (asp 6) in respect of which the accused has given notice of intention to comply under subsection (5) of that section in the two years preceding the date of an offence charged.

,

• (ii) in subsection (11)—

• (A) the word “or” immediately following paragraph (b) is repealed,

• (B) after paragraph (c) insert

; or (d) to which a restoration notice given under section 20A(4) of the Nature Conservation (Scotland) Act 2004 (asp 6) related,

,

• (C) at the end of the subsection insert “ or, as the case may be, about the giving of the notice (including the terms of the notice). ”,

• (c) in section 166 (previous convictions: summary proceedings)—

• (i) in subsection (10), after paragraph (b) insert

; (c) a restoration notice given under subsection (4) of section 20A of the Nature Conservation (Scotland) Act 2004 (asp 6) in respect of which the accused has given notice of intention to comply under subsection (5) of that section in the two years preceding the date of an offence charged.

,

• (ii) in subsection (11)—

• (A) the word “or” immediately following paragraph (b) is repealed,

• (B) after paragraph (c) insert

; or (d) to which a restoration notice given under section 20A(4) of the Nature Conservation (Scotland) Act 2004 (asp 6) related,

,

• (C) at the end of the subsection insert “ or, as the case may be, about the giving of the notice (including the terms of the notice). ”.

Part 7 — General

Crown application

41

• (1) The modifications of enactments made by this Act bind the Crown to the extent the enactments bind the Crown.

• (2) After section 27 of the 1946 Act, insert—

(27A) (1) Sections 23 to 27 (including orders made under section 23B) of this Act bind the Crown. (2) No contravention by the Crown of any provision made by or under sections 23 to 27 of 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 those provisions, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) Despite subsection (2), sections 23 to 27 (including orders made under section 23B) apply to persons in the public service of the Crown as they apply to other persons.

.

• (3) After section 66A of the 1981 Act, insert—

(66B) (1) Subject to subsections (2) to (5), Part 1 (including regulations and orders made under it) bind the Crown. (2) No contravention by the Crown of any provision made by or under Part 1 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. (3) Despite subsection (2), any provision made by or under Part 1 applies to persons in the public service of the Crown as it applies to other persons. (4) A species control order may be made under section 14D in relation to Crown land only with the consent of the appropriate authority. (5) The powers conferred by sections 14M and 19ZC are exercisable in relation to Crown land only with the consent of the appropriate authority. (6) In this section, “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 this section, 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; (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. (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.

.

• (4) After section 13 of the 1992 Act, insert—

(13A) (1) This Act binds the Crown. (2) No contravention by the Crown of any provision of 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. (3) Despite subsection (2), this Act applies to persons in the public service of the Crown as it applies to other persons.

.

• (5) In section 44 of the 1996 Act—

• (a) for subsection (1), substitute—

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

,

• (b) after subsection (2), insert—

(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; (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. (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.

.

Ancillary provision

42

• (1) The Scottish Ministers may by order made by statutory instrument make such incidental or consequential provision as they consider appropriate for the purposes of, or in connection with, or for the purposes of giving full effect to, any provision of this Act.

• (2) An order under subsection (1) may modify any enactment.

• (3) A statutory instrument containing an order under subsection (1) is (except where subsection (4) applies) subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (4) An order under subsection (1) containing provisions which add to, replace or omit any part of the text of an Act is not to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Scottish Parliament.

Commencement and short title

43

• (1) The provisions of this Act (other than section 1, section 42 and this section) come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.

• (2) An order under subsection (1) may—

• (a) make different provision for different purposes,

• (b) make such transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

• (3) This Act may be cited as the Wildlife and Natural Environment (Scotland) Act 2011.

SCHEDULE

Part 1 — Modifications

1

In section 39(2) of the Agriculture (Scotland) Act 1948 (c.45), in the proviso, for the words from “game” to the end substitute

— (a) black grouse, common pheasant, grey partridge, ptarmigan, red grouse or red-legged partridge in the close season for that bird (within the meaning of section 2(4) of the Wildlife and Countryside Act 1981 (c.69)); or (b) brown hare or mountain hare in the close season for that hare (within the meaning of section 10A(2) of that Act); and for the purposes of subsection (1) a person is not deemed not to have the right to comply with a requirement falling within this proviso by reason only that, apart from the proviso, compliance with the requirement would constitute an offence under section 1 or (as the case may be) 10A(1) of that Act.

.

Part 2 — Repeals

Defined expressions in this Act

Protection of game birds etc. and prevention of poaching

Areas of special protection for wild birds

Sale of live or dead wild birds, their eggs etc.

Protection of wild hares etc.

Prevention of poaching: wild hares, rabbits etc.

Wild hares, rabbits etc.: licences

Wild hares and rabbits: miscellaneous

Single witness evidence in certain proceedings under the 1981 Act

Snares

Non-native species etc.

Species control orders etc.

Licences under the 1981 Act

Annual report on wildlife crime

Liability in relation to certain offences by others

Deer management etc.

Control agreements and control schemes etc.

Deer: close seasons etc.

Register of persons competent to shoot deer etc.

Offences by bodies corporate, Scottish partnerships etc. under the 1996 Act

Protection of badgers

Muirburn

Offences by bodies corporate, Scottish partnerships etc. under the 1946 Act

Reports on compliance with biodiversity duty

Combining sites of special scientific interest

SSSIs: operations requiring consent

SSSI offences: civil enforcement

Ancillary provision

Editorial notes

[^key-57d953a883967ec5ae1de905307a2f79]: S. 2 in force at 29.6.2011 by S.S.I. 2011/279, art. 2(1)(a)

[^key-108ce4df63e6e7aa819773120a86c787]: S. 3 in force at 29.6.2011 by S.S.I. 2011/279, art. 2(1)(b)

[^key-47c602e0a0d6e3d9ca72c344e48089f9]: S. 5 in force at 29.6.2011 by S.S.I. 2011/279, art. 2(1)(c)

[^key-ccf27a7311ae2341d45f9ed92921b628]: S. 6(2) in force at 29.6.2011 for specified purposes by S.S.I. 2011/279, art. 2(1)(d)

[^key-a3ab126e982776445d550823caaac0f1]: S. 6(5) in force at 29.6.2011 by S.S.I. 2011/279, art. 2(1)(d)

[^key-994dd1ad1bfd578acb5dbc94f3ef0e8a]: S. 7 in force at 29.6.2011 by S.S.I. 2011/279, art. 2(1)(e)

[^key-a2183fd3e0e36dad22abc3d6ff573b5d]: S. 8 in force at 29.6.2011 for specified purposes by S.S.I. 2011/279, art. 2(1)(f)

[^key-ec8d594bccca558318f315a216fec0de]: S. 9 in force at 29.6.2011 for specified purposes by S.S.I. 2011/279, art. 2(1)(g)

[^key-574185c607d4da7335de760cc2a787ec]: S. 10 in force at 29.6.2011 by S.S.I. 2011/279, art. 2(1)(h)

[^key-c008d4a68c02c5daa1836ca5f57c1c30]: S. 12 in force at 29.6.2011 for specified purposes by S.S.I. 2011/279, art. 2(1)(i)

[^key-ac76686edd7dbb7d2e828faa214310ef]: S. 18 in force at 29.6.2011 by S.S.I. 2011/279, art. 2(1)(j)