Deer (Amendment) (Scotland) Act 1996
| Jurisdiction | UK Non-devolved |
| Citation | 1996 c. 44 |
the name of the Red Deer Commission shall be changed to the “Deer Commission for Scotland”; andcertain changes shall be made to the functions of the Commission,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; andexercise such other functions as are conferred on them by or under this Act or any other enactment.the size and density of the deer population and its impact on the natural heritage;the needs of agriculture and forestry; andthe interests of owners and occupiers of land.after the words “The Commission shall” there shall be inserted the words “ be appointed by the Secretary of State and ” ; andfor the words from “twelve” to “subsection” there shall be substituted the words “ such number of other members, being not less than nine nor more than twelve in total, as the Secretary of State considers appropriate to represent the interests of persons or organisations concerned with each of the matters mentioned in paragraph (a) of subsection (3A) below; and subsections (3A) and (3B) below ” .(3) After subsection (3) there shall be inserted the following subsections—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— 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.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.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.For section 4 of the principal Act (particular powers of the Commission) there shall be substituted the following section— to issue guidance or advice, whether general or particular, to any person or organisation; andany research, inquiry or investigation into questions of practical or scientific importance; orany experiment, trial or demonstration,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.(1) Section 6 of the principal Act (power of Commission to authorise killing of deer causing damage) shall be amended in accordance with this section.(2) For subsection (1) there shall be substituted the following subsections—After section 6 of the principal Act there shall be inserted the following section— on enclosed land; oron 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.For section 7 of the principal Act (control schemes) , there shall be substituted the following section—
- “(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
- “(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.
- “(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;
- “(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.
- “(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...
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