Deer (Scotland) Act 1959

JurisdictionUK Non-devolved
Citation1959 c. 40


Deer (Scotland) Act, 1959

(7 & 8 Eliz. 2) CHAPTER 40

An Act to further the conservation and control of red deer in Scotland; to prevent the illegal taking and killing of all species of deer in Scotland; and for purposes connected with the matters aforesaid.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Conservation and Control of Red Deer

Part I

Conservation and Control of Red Deer

S-1 Constitution and general functions of Red Deer Commission.

1 Constitution and general functions of Red Deer Commission.

(1) There shall be constituted a commission to be called ‘the Red Deer Commission’ (hereinafter in this Act referred to as ‘the Commission’) which shall have the general functions of furthering the conservation and control of red deer and of keeping under review all matters relating to red deer, and such other functions as are conferred on them by or under this Act.

(2) The Commission shall carry out their functions in accordance with such directions of a general character as may be given by the Secretary of State.

(3) The Commission shall consist of a chairman and twelve other members appointed by the Secretary of State, and the provisions of the next following subsection shall apply to the appointment of these members other than the chairman.

(4) The members of the Commission so appointed shall be appointed as follows—

(a ) two from nominees of the Nature Conservancy;

(b ) three from nominees of such organisations as appear to the Secretary of State to represent the interests of owners of land used for agriculture or forestry;

(c ) two from nominees of such organisations as appear to the Secretary of State to represent the sporting interest in deer;

(d ) three from nominees of such organisations as appear to the Secretary of State to represent the interests of farmers and crofters (and of the persons so appointed at least one shall, in the opinion of the Secretary of State, represent the interests of farmers, and at least one shall represent the interests of crofters); and

(e ) two from nominees of such organisations as appear to the Secretary of State to represent the interests of hill sheep farmers.

(5) For the purpose of this section the expression ‘crofter’ has the like meaning as in the Crofters (Scotland) Act, 1955.

(6) The provisions contained in the First Schedule to this Act shall have effect in relation to the Commission.

S-2 Appointment of panels.

2 Appointment of panels.

(1) The Commission may, with the approval of the Secretary of State, set up in any locality a panel consisting of five persons, being a chairman and four other members, two of whom shall, in the opinion of the Commission, be representative of the interests mentioned in heads (b ) and (c ), and two of the interests in heads (d ) and (e ), of subsection (4) of the last foregoing section, and of any such panel as aforesaid three shall be a quorum.

(2) The Commission may refer to any such panel any matter relating to the functions of the Commission, and it shall be the duty of the panel to advise the Commission on the matter.

(3) The Commission may delegate to a panel appointed under subsection (1) of this section the functions of the Commission under section six of this Act so far as relating to the locality of that panel, and the panel in the exercise of the functions so delegated to them shall comply with any directions given by the Commission.

(4) In the exercise of any functions delegated to them as aforesaid, a panel shall have the like powers as the Commission in relation to that exercise.

S-3 Duty of Commission to advise Secretary of State.

3 Duty of Commission to advise Secretary of State.

(1) It shall be the duty of the Commission to advise the Secretary of State on any such matter relating to the purposes of this Act as he may refer to them, and to bring to attention any matter relating to red deer of which in the opinion of the Commission he ought to be apprised.

(2) The Commission shall make an annual report to the Secretary of State on the exercise of their functions under this Act, and the Secretary of State shall lay a copy of the report before each House of Parliament, together with such comments as he may think fit to make.

S-4 Particular powers of the Commission.

4 Particular powers of the Commission.

4. The Commission shall have power—

a ) to advise in the interests of conservation any owner of land, on the application of such owner, on questions relating to the carrying of stocks of red deer on that land
b ) to collaborate with any person who is conducting any inquiry or investigation into questions of practical or scientific importance relating to red deer
S-5 Returns of numbers of deer killed.

5 Returns of numbers of deer killed.

(1) The Commission for the purpose of any of their functions may by notice in writing served on the owner or occupier of any land require him to make a return in such form as the Commission may require showing the number of red deer of each sex which to his knowledge have been killed on the land during such period (not exceeding five years) immediately preceding the service of the notice as may be specified therein.

(2) If any person on whom a notice under the foregoing subsection has been served—

(a ) fails without reasonable cause to make the required return within thirty-six days after the service of the notice, or

(b ) in making the return knowingly or recklessly furnishes any information which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding twenty pounds, and in the case of a second or subsequent conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

S-6 Power of Commission to deal with marauding deer.

6 Power of Commission to deal with marauding deer.

(1) Subject to the following provisions of this section, where the Commission are satisfied that red deer are coming on to any agricultural land or woodland or garden ground and are causing substantial damage to crops, pasture or animal or human foodstuffs, or trees on that land, and that the killing of the deer is necessary for the prevention of further damage as aforesaid, 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 any land mentioned in the authorisation such red deer as appear to that person to be causing the damage.

(2) Where the Commission are satisfied that the deer which appear to be causing damage as aforesaid come from particular land, and that any person having the right to kill deer thereon will forthwith undertake the killing of the deer first-mentioned, the Commission shall make a request to that effect in writing to that person.

(3) Where any such request as aforesaid has been made to a person, the Commission shall not issue an authorisation under this section unless it appears to them that he has become unable or unwilling to comply with the terms of the request.

(4) An authorisation under this section shall remain in force from the date thereof for such period, not exceeding fourteen days, as may be specified in the authorisation.

(5) Where the Commission intend to issue any such authorisation as aforesaid, it shall be their duty to give as soon as practicable to any person who in their opinion is likely to be on any land mentioned therein such warning of their intention as they consider necessary to prevent danger to that person.

(6) It shall be the duty of the Commission to give to the owner of any land which is to be mentioned in an authorisation under this section such notice of their intention to issue that authorisation as may be practicable.

(7) Without prejudice to the general provisions of section sixteen of this Act relating to the service of notices, any notice to be served under this section on an owner of land shall, where an agent or servant is responsible for the management or the farming of the land, be duly served if served on the said agent or servant.

(8) The Commission may make in respect of the services of any person authorised by them to follow and kill deer as aforesaid, not being one of their servants, such payment as may be agreed.

S-7 Control schemes.

7 Control schemes.

(1) Where the Commission are satisfied that red deer have caused damage to agriculture or forestry in any locality, and that for the prevention of further damage the red deer in the area in which the locality is situated should be reduced in number or exterminated, they shall determine, having due regard to the nature and character of the land in that...

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