Deer (Scotland) Act 1996

Cited authorities 34

Cited in

Amendments 115

Jurisdiction	UK Non-devolved
Citation	1996 c. 58
Year	1996

in accordance with the provisions of this Act ^F18to, further the ^F80conservation 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^F19to exercise such other functions as are conferred on ^F20it by or under this Act or any other enactment.(1A)

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Deer (Scotland) Act 1996
Part I: Scottish Natural Heritage's deer functions

1: The Deer Commission for Scotland.

2: Advice and annual reports to Secretary of State.

3: Power of SNH to facilitate exercise of functions.

4: Appointment of panels.

Part II: Conservation, control and sustainable management of deer

Close seasons

5: Close seasons.

Code of practice on deer management

5A: Code of practice on deer management
5B: Review of compliance with code of practice on deer management

Deer management plans, control agreements and control schemes

6: Control areas.
6A: Deer management plans
7: Control agreements.
8: Control schemes.
9: Recovery of expenses incurred in fulfilment of control scheme.

Emergency measures

10: Emergency measures to prevent damage by deer.
11: Application of section 10 in relation to the natural heritage.: Section 10 of this Act shall apply in relation to the natural heritage as it applies to woodland, where SNHis satisfied that deer are causing ... damage to the natural heritage—

Control agreements, control schemes and emergency measures: supplementary provisions

12: Power of Commission to provide services and equipment and to make certain payments.
13: Offences in relation to Part II.
14: Limitation of criminal liability.
15: Power to enter on land.
16: Service of notices.

Part III: Offences in relation to deer

Unlawful killing, taking and injuring of deer

17: Unlawful killing, taking and injuring of deer.

17A: Register of persons competent to shoot deer
17B: Review of competence etc. by SNH

Other offences and attempts to commit offences

18: Taking or killing at night.
19: Use of vehicles to drive deer.
20: Other offences connected with moving vehicles.
21: Firearms and ammunition.
22: Offences committed by more than one person.
23: Illegal possession of deer.
24: Attempts to commit offences.: Without prejudice to the operation of section 294 of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995, any person who—

Exemption for certain acts

25: Action intended to prevent suffering.: A person shall not be guilty of an offence against this Act or any order made under this Act in respect of any act done for the purpose of preventing suffering by—
26: Right of occupier in respect of deer causing ... damage to crops etc. on certain ground.

Part IV: Enforcement, licensing of venison dealing and miscellaneous provisions

Enforcement

27: Powers of search and seizure.
28: Power of arrest.
29: Offences by bodies corporate.
29A: Offences by Scottish partnerships etc.: 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—
30: Power of court on trial for one offence to convict of another.: If, upon a trial for an offence under any of sections 5, 17 , 17A(4), 18, 19, 20, 21, 22 or 23 of this Act, or any rule of law relating to reset, the court is—
31: Powers of court on conviction for offences.
32: Disposal of deer liable to forfeiture.

Licensing of dealing in venison

33: Licences to deal in venison.
34: Records kept by venison dealers.
35: Reciprocal arrangements.: A licensed venison dealer who has purchased or received venison from another licensed venison dealer or from a licensed game dealer within the meaning of section 10(5) of the Deer Act 1991 shall be deemed to have complied with the requirements of section 34 of this Act if he has recorded in his book kept in pursuance of subsection (1) of that section—
36: Offences in connection with venison dealing.

Further powers of SNH

37: Restrictions on granting of certain authorisations.
38: Limitation on requirement to obtain game licence.
39: Deer killed under the authority of SNH.
40: Power of Commission to require return of number of deer killed.
40A: Power of SNH to require return of number of deer planned to be killed

Miscellaneous and general provisions

41: Savings for certain rights.
42: Information to be supplied to owner of certain land.
43: Application of Act to farmed deer.
44: Application of Act to the Crown.
45: Interpretation.
46: Financial provisions
47: Orders, regulations etc.
48: Short title, consequential amendments, repeals, extent and commencement.

SCHEDULES

SCHEDULE 1 Section 1(7).
Deer Commission for Scotland: supplementary provisions

Meetings and proceedings of SNH
Office and staff of SNH

SCHEDULE 2 Section 8(6).
Provisions as to control schemes

Part I: Procedure for making control schemes
Part II: Procedure for varying or revoking control schemes
Part III: General procedural provisions
Part IV: Provisions as to the validity of control schemes and of variations and revocations of such schemes

SCHEDULE 3
Penalties
SCHEDULE 4 Section 48(2).
Consequential amendments

The Agriculture (Scotland) Act 1948 (c.45)
The Deer Act 1991 (c.54)

SCHEDULE 5 Section 48(2).
Repeals
SCHEDULE 6 Section 48(5).
Transitional, transitory and saving provisions

Transitional provision
Transitory provisions
Savings
TABLE OF DERIVATIONS
Acts of Parliament

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Deer (Scotland) Act 1996

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