Deer (Scotland) Act 1996

[^key-f717b1d3b37c1060f0e5cc3e83f05d4c]: S. 5(6)(a)(b) substituted (1.4.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 29(2)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3)

[^key-107fec7dcd839d36f2922efb4de26476]: Word in s. 26 title repealed (1.4.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 29(3)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3)

[^key-3d2f9ecddebcc54c7016d9c2696ec54a]: S. 26(1A) inserted (1.4.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 29(3)(c), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3)

[^key-d1e6a296d8023bc8a251c43275688928]: Words in s. 26(1) repealed (1.4.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 29(3)(b)(i), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3)

[^key-48b0b3225da785d5e06cabc0bb5a91bc]: Word in s. 26(1) repealed (1.4.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 29(3)(b)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3)

[^key-3c7af62fed536b0d8184d927de7b84e2]: S. 37(1A) inserted (1.4.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 29(4)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3)

[^key-e293b369aa217f05057f4368614062ad]: Words in s. 37(1) inserted (1.4.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 29(4)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(3)

[^key-4c973eadd6bf52eb0ee56d055555f370]: S. 38 repealed (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(e)

[^key-d8e9a36ebab86f57d6e1cf2234f73065]: S. 6 cross-heading substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 80(3), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-232d4bbf43e3d7163eb5ca05cad34b45]: Words in Sch. 3 substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(a) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.

[^key-a40d6276505f14d47311f962bde2efc0]: Entry in Sch. 3 inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(b) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.

[^key-cd83cf7fb9e1066293a73575d762cb5a]: Entry in Sch. 3 inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(c) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.

[^key-2d7452cea13fff5970a7484ba87cc5c0]: Words in Sch. 3 substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 82, 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-8f1def00d0ab9c5ec6cca478c726b232]: S. 5B inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 79(2), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-2ede275a1b1aaca64f32805d5ec79bb7]: S. 6A inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 80(4), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-0f6615aebbe9b19e8b3d7a0d100192f4]: S. 40A inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 81(4), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-7cff0100bba5800bac0aeac1f352ad6e]: Words in s. 17A(2)(a)(xiii) substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 81(3)(a), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-5ab1c92b7b5ffe9dc41becd087016ff8]: Words in s. 17A(6)(a) inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 81(3)(b)(i), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-6dd1f24146fbf67a538ddcad93d0e029]: Word in s. 17A(6) repealed (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 81(3)(b)(ii), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-bddf22c7edfa4599e40b10c9118d76dd]: S. 17A(6)(aa) inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 81(3)(b)(iii), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-2ac17246783fdc854d989b00f51447ee]: Words in s. 17A(6)(b) substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 81(3)(b)(iv), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-4aad52a262c2bb3cdbde1083683368cb]: S. 17A(7)(b) substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 81(3)(c), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-1cd18873dac5b15eae5d0295e6e320dd]: S. 4(7)-(9) inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 78, 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-0cb0d076090f368a4140114a60e2ada4]: Words in s. 5A(2)(c) inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 80(2), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-856260f846509e663dd8432fe5a419f1]: S. 7(4A)(4B) inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 80(5), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-b2a72fbc7c592af57b6fa8428602d313]: Words in s. 16(1A) substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 81(2), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

[^key-98e9f17cc2ec9e1e0444e846e4ea6c62]: S. 44(7A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 26(b)

[^key-ee6018d48f4f277c4bc5b9c1a5066619]: Words in s. 44(7)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 26(a)

[^M_X_7d6c383c-ab20-46b5-841d-900f3792bb0c]: S. 1: sidenote no longer accurate following the amendments made to this Act by Public Services Reform (Scotland) Act 2010 (asp 8), s. 1, Sch. 1 paras. 5-27

[^M_X_c7799d69-c1d1-40b5-f43c-e8e8494dacb1]: S. 12: sidenote no longer accurate following the amendments made to this Act by Public Services Reform (Scotland) Act 2010 (asp 8), s. 1, Sch. 1 paras. 5-27

[^M_X_0510b08c-fe5b-4790-9c61-a04079c35d55]: S. 40: sidenote no longer accurate following the amendments made to this Act by Public Services Reform (Scotland) Act 2010 (asp 8), s. 1, Sch. 1 paras. 5-27

Power of SNH to facilitate exercise of functions.

Control schemes.

Code of practice on deer management

Code of practice on deer management

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 require a deer management plan to be prepared, 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.

Control areas.

Recovery of expenses incurred in fulfilment of control scheme.

Emergency measures to prevent damage by deer.

Application of section 10 in relation to the natural heritage.

Service of notices.

Unlawful killing, taking and injuring of deer

Unlawful killing, taking and injuring of deer.

Register of persons competent to shoot deer

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 sections 40 and 40A; 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 within the meaning given by subsection (7)(a) or (b)(i) in accordance with regulations made under subsection (1)(d) above; ...

• (aa) fails without reasonable cause to submit a cull return within the meaning given by subsection (7)(b)(ii) in accordance with regulations made under subsection (1)(d) above, or

• (b) knowingly or recklessly provides any information in a cull return referred to in paragraph (a) 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—

• (i) 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, or

• (ii) a written statement showing the number of deer of each species and of each sex which are planned to be killed on the land in the following year.

Review of competence etc. by SNH

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.

Other offences and attempts to commit offences

Control areas.

Powers of search and seizure.

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.

Reciprocal arrangements.

Limitation on requirement to obtain game licence.

Savings for certain rights.

Notes:

Review of compliance with code of practice on deer management

5B

• (1) SNH must, before the expiry of the period mentioned in subsection (4), carry out a review into the extent to which the code of practice on deer management—

• (a) is being complied with by owners and occupiers of land, and

• (b) is effective in promoting sustainable deer management.

• (2) SNH must, following a review under subsection (1), submit a report to the Scottish Ministers—

• (a) setting out SNH's views on the extent to which the code—

• (i) has been complied with, and

• (ii) has been effective in promoting sustainable deer management,

• (b) including such recommendations as SNH consider appropriate.

• (3) The Scottish Ministers must lay before the Scottish Parliament a report submitted to them under subsection (2).

• (4) The period referred to in subsection (1) is—

• (a) the period of 3 years beginning with the day on which section 79 of the Land Reform (Scotland) Act 2016 comes into force,

• (b) each subsequent period of 3 years beginning with the day on which the Scottish Ministers lay, under subsection (3), the report submitted to them under subsection (2).

6A

• (1) If SNH , having had regard to the code of practice on deer management, is satisfied that both Conditions A and B are met, it may give notice to such owners and occupiers of land as it considers to be substantially interested requiring them—

• (a) to prepare a plan (a “deer management plan”) setting out—

• (i) the measures that those owners and occupiers consider should be taken,

• (ii) the time limit for taking those measures,

• (iii) who is to take those measures, and

• (iv) any other matters which appear to SNH to be necessary, and

• (b) to submit the deer management plan to SNH for its approval.

• (2) Condition A is met if 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,

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

• (iii) 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.

• (3) Condition B is met if measures require to be taken in relation to the management of deer—

• (a) for the prevention of further such damage or injury,

• (b) for the remedying of such damage, or

• (c) for the prevention of such danger or potential danger.

• (4) In subsection (2)(a)(i), “ the natural heritage ” has the same meaning as in section 7(2).

• (5) A deer management plan is to be submitted to SNH no later than—

• (a) 12 months after the date on which SNH gives notice under subsection (1), or

• (b) such later date as SNH may specify.

• (6) SNH may approve a deer management plan (with or without modification) or reject it.

• (7) Before approving a deer management plan with modifications, SNH must consult the owners and occupiers of land who submitted the plan on the proposed modifications.

• (8) A deer management plan may be amended until SNH decides to approve or reject it.

Control agreements.

Control schemes.

Recovery of expenses incurred in fulfilment of control scheme.

Emergency measures to prevent damage by deer.

Application of section 10 in relation to the natural heritage.

Service of notices.

Unlawful killing, taking and injuring of deer.

Review of competence etc. by SNH

Powers of search and seizure.

Reciprocal arrangements.

Limitation on requirement to obtain game licence.

Power of SNH to require return of number of deer planned to be killed

40A

• (1) SNH may, for the purposes of any of its deer functions, by notice served on the owner or occupier of any land require the owner or occupier to make a return, in such form as SNH may require, showing how many deer of each species and of each sex are planned to be killed on the land in the following year.

• (2) A notice served under subsection (1) must specify a period, of not more than 1 year immediately following the date of service of the notice, for which the return must be completed.

• (3) Any person on whom a notice under subsection (1) has been served who fails without reasonable cause to make the required return within 36 days after the service of the notice commits an offence.

Savings for certain rights.

Notes: