Deer (Scotland) Act 1996

Part I — Scottish Natural Heritage's deer functions

The Deer Commission for Scotland

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• (1) Scottish Natural Heritage (in this Act referred to as “SNH”) has the following general aims and purposes in relation to deer—

• (a) in accordance with the provisions of this Act to, further the conservation of deer native to Scotland, the control and sustainable management of deer in Scotland, and keep under review all matters, including their welfare, relating to deer; and

• (b) to exercise such other functions as are conferred on it by or under this Act or any other enactment.

• (1A) In this Act references to SNH 's deer functions are to the functions relating to deer conferred on it by or under this Act or any other enactment.

• (2) It shall be the duty of SNH, in exercising its deer 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; ...

• (c) the interests of owners and occupiers of land.

• (d) the interests of public safety; and

• (e) the need to manage the deer population in urban and peri-urban areas.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advice and annual reports to Secretary of State

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• (1) SNH shall—

• (a) advise the Secretary of State on any such matter relating to the purposes of this Act as he may refer toit; and

• (b) bring to his attention any matter relating to deer of which in the opinion of SNH he ought to be apprised.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Taking or killing at night.

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• (1) SNH shall have power—

• (a) to issue guidance or advice, whether general or particular, to any person or organisation; ...

• (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; and

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

relating to the conservation, control or sustainable management of deer or to any other aspect of SNH's deer functions

• (2) For the avoidance of doubt, it is provided that SNH 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 its functions under this Act.

• (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.

Appointment of panels

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• (1) Subject to the approval of the Secretary of State, SNH may appoint for any locality a panel for the purposes of this section consisting of such number of persons ... as it considers appropriate, one of whom shall act as chairman.

• (2) Before making an appointment under subsection (1) above, SNH may afford to such persons or organisations as it thinks fit an opportunity to suggest the name of any person who would in its view be an appropriate person for such an appointment.

• (3) Where SNH has sought suggestions as mentioned in subsection (2) above, it shall consider any such suggestions before making an appointment under subsection (1) above.

• (4) SNH may appoint a member of SNH or a member of SNH's staff to act as observer to the panel for the purposes of—

• (a) sitting with the panel at any meeting;

• (b) taking part in their discussions; and

• (c) informing SNH of information arising during and decisions taken at such meetings.

• (5) An observer appointed under subsection (4) above shall not be a member of the panel.

• (6) SNH may refer to any such panel any matter relating to the deer functions of SNH, and it shall be the duty of the panel to advise SNH on the matter.

• (7) The Scottish Ministers may by regulations make provision conferring further functions on panels.

• (8) Functions conferred under subsection (7) may include—

• (a) encouraging and facilitating the engagement of the local community in deer management in the locality of a panel,

• (b) looking into issues relating to deer management in the locality of a panel and communicating those issues to the local community,

• (c) communicating the views of the local community to those engaged in deer management in the locality of a panel.

• (9) Regulations under subsection (7) may modify any enactment (including this Act).

Part II — Conservation, control and sustainable management of deer

Close seasons

Close seasons

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• (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 subsection (1) above, the Secretary of State may consult such persons or organisations as he thinks fit, or may direct SNH to carry out such consultation on his behalf.

• (3) Where the Secretary of State has directed SNH to carry out consultation on his behalf under subsection (2) above, it shall—

• (a) report the results of that consultation, and

• (b) tender such advice as it may wish in relation to the making of an order under subsection (1) above,

to him within such period as he may so direct.

• (4) Where the Secretary of State or SNH has 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 SNH under subsection (3) above, before making an order under subsection (1) above.

• (5) Subject to sections 14 and 25 of this Act and to subsections (6) and (7) below, any person who contravenes an order made under subsection (1) above shall be guilty of an offence.

• (6) ... subject to section 37, of this Act, and notwithstanding anything in any agreement between an occupier of land and the owner thereof, SNH may authorise the owner or the 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 sex and species of deer in an order under subsection (1) above, where it is satisfied that—

• (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.

• (7) Subject to section 37 of this Act, SNH may, for any scientific purpose, authorise any person to take or kill deer during the period specified in relation to that sex and species of deer in an order under subsection (1) above.

• (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.

Deer management plans, control agreements and control schemes

Control areas

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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”.

Control agreements

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• (1) Subject to the following provisions of this section, where SNH, having had regard to the code of practice on deer management, is satisfied that, on any land, ...—

• (a) deer or steps taken or not taken for the purposes of deer management have caused, are causing, or are likely to cause—

• (i) damage to woodland, to agricultural production, including any crops or foodstuffs, to the welfare of deer or, whether directly or indirectly, to the natural heritage generally; ...

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

• (ii) injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or

• (b) deer 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, or for the remedying of such damage, measures require to be taken in relation to the management of deer, it 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 ...; and, for the purposes of this section and section 8 of this Act, “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 SNH , having had regard to the code of practice on deer management, 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, it may form the view that any deer within that area should be taken, removed or killed.

• (4) After it has given notice to such owners and occupiers of land as it considers to be substantially interested that it has formed—

• (a) the preliminary view mentioned in subsection (1) above; or

• (b) the view mentioned in subsection (3) above,

SNH shall consult with those owners or occupiers, to secure agreement—

• (i) that measures require to be taken;

• (ii) as to what measures require to be taken, and within what time limit;

• (iii) as to who is to carry out such measures; and

• (iv) as to any other matters which appear to SNH to be necessary for the purposes of such an agreement.

• (4A) Subsection (4) also applies where subsection (4B) applies.

• (4B) This subsection applies where—

• (a) SNH has given notice under section 6A(1) and either—

• (i) the date specified under section 6A(5) has passed and a deer management plan has not been submitted to SNH ,

• (ii) a deer management plan has been submitted to SNH but SNH has rejected it, or

• (iii) a deer management plan has been approved by SNH but the measures set out in the plan have not been taken, and

• (b) SNH is satisfied that the conditions referred to in section 6A(1) continue to be met.

• (5) Where agreement is reached on the matters mentioned in subsection (4) above SNH 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 of it;

• (c) specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of SNH, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, 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 of it;

• (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; ...

• (e) set out the time limits within which the owners or occupiers are to take any such measures ; 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,

and SNH 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) SNH and any of the parties to a control agreement may agree at any time to vary its terms.

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

Control schemes

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• (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.

• (2) Subsections (A1) and (1) above do not apply in relation to any control agreement proposed or entered into for the purpose of altering or enhancing the natural heritage (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).

• (3) A control scheme shall—

• (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 of it;

• (c) specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of SNH, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, 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 of it;

• (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 paragraphs (a) to (c) above;

• (e) prescribe time limits within which the owners or occupiers are to take any such measures as are mentioned in paragraph (d) above;

• (f) include any incidental, consequential or supplemental provisions that may be necessary.

• (4) A control scheme may specify different measures to be taken by different owners or occupiers of land in the control area, and may provide for the extension of any time limit prescribed therein.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) A control scheme shall require confirmation by the Secretary of State before it comes into operation; and Schedule 2 to this Act (which makes provision in relation to the making, confirmation, variation and revocation of control schemes) shall have effect.

• (7) Where any control scheme has been confirmed, every owner or occupier shall take such measures as the scheme may require of him in accordance with its provisions.

• (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.

• (8) Where SNH is of the opinion that any owner or occupier of land has failed to comply with subsection (7) above, it shall carry out the requirement, if it is satisfied that it is still necessary to do so; and where the carrying out of such a requirement involves the killing or taking of deer, SNH shall have power to dispose by sale or otherwise of any deer so killed or taken.

Recovery of expenses incurred in fulfilment of control scheme

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• (1) Where any expenses incurred by SNH in the performance of its duty under section 8(8) of this Act exceed the amount of the proceeds of the sale of any deer killed or taken in pursuance of that performance, the excess shall be recoverable by it from the owner or occupier concerned.

• (2) SNH shall furnish to any owner or occupier concerned a statement showing—

• (a) the expenses incurred in the performance of its duty under the said section 8(8);

• (b) the amount received in respect of the sale of deer; and

• (c) the amount recoverable from any owner or occupier under this section.

• (3) Any owner or occupier who is aggrieved by a statement under subsection (2) above may, within one month of the statement having been furnished to him, appeal to the Scottish Land Court.

• (4) On an appeal under subsection (3) above, the Scottish Land Court may, if it appears to them to be equitable to do so, vary the amount recoverable from the appellant.