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Deer (Amendment) (Scotland) Act 1996 (repealed 19.11.1996)

Type Public General Act
Publication 1996-07-18
State In force
Department Statute Law Database
Source legislation.gov.uk
Reform history JSON API

Constitution, functions and membership of Deer Commission for Scotland

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and, accordingly, for subsection (1) of section 1 (general functions of the Commission) of the Deer (Scotland) Act 1959 (in this Act referred to as “the principal Act”) there shall be substituted—

(1) There shall be constituted a commission to be known as “the Deer Commission for Scotland” (in this Act referred to as “the Commission”) which shall— (a) in accordance with the provisions of this Act, further the conservation, control and sustainable management of deer in Scotland and keep under review all matters, including their welfare, relating to deer; and (b) exercise such other functions as are conferred on them by or under this Act or any other enactment. (1A) It shall be the duty of the Commission, in exercising their functions, to take such account as may be appropriate in the circumstances of— (a) the size and density of the deer population and its impact on the natural heritage; (b) the needs of agriculture and forestry; and (c) the interests of owners and occupiers of land.

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(3A) Subject to subsection (3) above and to subsection (3B) below, the Secretary of State may appoint any person who appears to him— (a) to have knowledge or experience of one or more of the following matters— (i) deer management; (ii) agriculture (including crofting) (iii) forestry and woodland management; and (iv) the natural heritage, in so far as that matter may be affected by the Commission’s exercise of their functions; and (b) generally, to be an appropriate person, to be a member of the Commission; and, subject to subsection (3B)(c) below, of the persons so appointed, at least one third shall be persons having knowledge or experience of deer management. (3B) Before making an appointment under subsection (3A) above, the Secretary of State shall— (a) afford to such organisations as appear to him to represent the interests of persons concerned with the matters mentioned in subsection (3A)(a) above an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment; (b) consider any such suggestions; and (c) where names have been suggested by organisations representing the interests of deer managers, select the one third of the Commission referred to in subsection (3A) above from among those names.

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Appointment of panels

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In section 2(1) of the principal Act (appointment of panels), for the words from the beginning to the words “quorum, and” there shall be substituted the following words—

(1) Subject to the approval of the Secretary of State, the Commission may appoint for any locality a panel for the purposes of this section consisting of such number of persons, not exceeding nine, as they consider appropriate, one of whom shall act as chairman. (1A) Before making an appointment under subsection (1) above, the Commission may afford to such persons or organisations as they think fit an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment. (1B) Where the Commission have sought suggestions as mentioned in subsection (1A) above, they shall consider any such suggestions before making an appointment under subsection (1) above. (1C)

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Particular powers of the Commission

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For section 4 of the principal Act (particular powers of the Commission) there shall be substituted the following section—

(4) (1) The Commission shall have power— (a) to issue guidance or advice, whether general or particular, to any person or organisation; and (b) to conduct, or to collaborate with any person or organisation which is conducting— (i) any research, inquiry or investigation into questions of practical or scientific importance; or (ii) any experiment, trial or demonstration, relating to the conservation, control or sustainable management of deer, or to any other aspect of the Commission’s functions. (2) For the avoidance of doubt, it is provided that the Commission may exercise the powers conferred by subsection (1) above in relation to the general welfare of deer, in so far as that matter is not otherwise included in their functions under this Act.

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Emergency powers of Commission to authorise killing of deer causing damage

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(1) Subject to the following provisions of this section, where the Commission are satisfied— (a) that deer— (i) are causing serious damage to woodland, to agricultural production (including any crops or foodstuffs); or (ii) are causing injury to livestock whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or (iii) constitute a danger or a potential danger to public safety; (b) that the killing of the deer is necessary to prevent further such damage or injury or to remove the danger or potential danger; and (c) that none of their other powers is adequate to deal with the situation, they shall authorise in writing, subject to such conditions as may be specified in the authorisation, any person who in their opinion is competent to do so to follow and kill on such land as may be mentioned in the authorisation such deer as appear to that person to be causing the damage or injury or constituting the danger or potential danger. (1A) Where, as mentioned in subsection (1)(a)(iii) above, deer constitute a danger or potential danger to public safety, and, in the opinion of the Commission or the person authorised by them, the killing of the deer would itself constitute a potential danger to public safety, the person authorised by the Commission shall instead take and remove the deer from the land in question by such means as are appropriate.

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(9) Where any deer has been killed or taken and removed from land under an authorisation granted by the Commission under this section the Commission shall have power to dispose of it by sale or otherwise.

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Prevention of damage to natural heritage

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After section 6 of the principal Act there shall be inserted the following section—

(6AA) Section 6 of this Act shall apply in relation to the natural heritage as it applies to woodland, where the Commission are satisfied that deer are causing serious damage to the natural heritage— (a) on enclosed land; or (b) on unenclosed land, but only if the Commission are also satisfied that the damage is being caused by reason of the presence on the land in question of a significantly higher density of deer population than is usual in all the circumstances.

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Control agreements and control schemes

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For section 7 of the principal Act (control schemes), there shall be substituted the following section—

(7) (1) Subject to the following provisions of this section, where the Commission are satisfied that, on any land, deer— (a) have caused, are causing, or are likely to cause— (i) damage to woodland, to agricultural production, including any crops or foodstuffs, or, whether directly or indirectly, to the natural heritage generally; or (ii) injury to livestock whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or (b) have become a danger or a potential danger to public safety, and that for the prevention of further such damage, injury or, as the case may be, danger or potential danger, the deer in that locality should be reduced in number they shall form a preliminary view, having due regard to the nature and character of the land in question, as to what measures should be taken for that reduction in number; and, for the purposes of this section, “measures” includes the taking and removal of deer. (2) For the purposes of subsection (1) above “the natural heritage” includes any alteration or enhancement of the natural heritage which is taking place, or is proposed to take place, either naturally or as a result of a change of use determined by the owner or occupier of the land in question; and “damage” shall be construed accordingly. (3) Where it appears to the Commission that the circumstances obtaining in a particular area require the complete exclusion of all deer, or of all deer of any species, from that area, they may form the view that any deer within that area should be taken, removed or killed. (4) Thereafter it shall be the duty of the Commission to consult with such owners or occupiers of land as the Commission consider to be substantially interested, to secure agreement— (a) that measures require to be taken; (b) as to what measures require to be taken, and within what time limit; (c) as to who is to carry out such measures; and (d) as to any other matters which appear to the Commission to be necessary for the purposes of such an agreement. (5) Where agreement is reached on the matters mentioned in subsection (4) above the Commission shall draw up an agreement (a “control agreement”) specifying the parties to it, and any such control agreement may— (a) describe the control area by reference to a map and specify the approximate extent of that area; (b) specify the measures which are to be taken in relation to the deer in that area or any part thereof; (c) specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part thereof, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part thereof; (d) specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the agreement; and (e) set out the time limits within which the owners or occupiers are to take any such measures, and the Commission shall send a copy of the control agreement to all the persons who were involved in the consultation referred to in subsection (4) above. (6) The Commission and any of the parties to a control agreement may agree at any time to vary its terms. (7) Where the Commission are satisfied— (a) that— (i) it is not possible to secure a control agreement; or (ii) a control agreement is not being carried out; and (b) that— (i) deer have caused and are causing serious damage to woodland or to agricultural production, including crops and foodstuffs, or serious damage, whether directly or indirectly, to the natural heritage, or serious injury to livestock however caused, or have become and remain a danger to public safety; and (ii) action is necessary to prevent such serious damage, serious injury, or danger, they shall make a scheme (a “control scheme”) for the carrying out of such measures as they consider necessary for the purposes of subsection (1) or (3) above; and any such scheme before it comes into operation shall require confirmation by the Secretary of State. (8) Subsection (7) above does not apply in relation to any control agreement proposed or entered into for the purpose of altering or enhancing the natural heritage. (9) In this Act the area to which a control agreement or a control scheme relates is, in relation to that agreement or, as the case may be, scheme, referred to as the “control area”. (10) The Second Schedule to this Act has effect in relation to control schemes.

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Deer killed under authority of Commission

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For section 13 of the principal Act (power of Commission to dispose of carcases) there shall be substituted the following section—

(13) Without prejudice to sections 6, 10, 11 and 12 of this Act, the Commission shall have no power to dispose of deer taken or killed under their authority.

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Close seasons

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For section 21 of the principal Act (close seasons) there shall be substituted the following section—

(21) (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.

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Illegal possession of deer or firearms

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For section 25 of the principal Act (unlawful possession of deer and firearms) there shall be substituted the following sections—

(25) (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. (25AA) 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.

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Authorisation by Commission of certain acts

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