Deer (Scotland) Act 1996

1 The Deer Commission for Scotland.

(1) There shall continue to be a commission known as the Deer Commission for Scotland (in this Act referred to as ‘the Commission’) which shall—

(a) 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 and

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

(2) It shall be the duty of the Commission, in exercising their 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 and

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

(3) 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.

(4) The Commission shall be appointed by the Secretary of State and shall consist of a chairman and 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 (5) below and subsections (5) and (6) below shall apply to the appointment of the members other than the chairman.

(5) Subject to subsection (4) above and subsection (6) 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

(b) generally, to be an appropriate person,

to be a member of the Commission and, subject to subsection (6)(c) below, of the persons so appointed, at least one third shall be persons having knowledge or experience of deer management.

(6) Before making an appointment under subsection (5) above, the Secretary of State shall—

(a) afford to such organisations as appear to him to represent the interests of persons concerned with the matters mentioned in subsection (5)(a) above an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment

(b) consider any such suggestions and

(c) where names have been suggested by organisations representing the interests of deer managers, select the one third of the Commission referred to in subsection (5) above from among those names.

(7) Schedule 1 to this Act (which makes supplementary provision with respect to the Commission) shall have effect. Advice and annual

2 reports to Secretary of State.

(1) The Commission shall—

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

(b) bring to his attention any matter relating to 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.

(3) The Secretary of State shall lay a copy of the report made under subsection (2) above before each House of Parliament, together with such comments as he may think fit to make.

3 Power of the Commission tofacilitate exercise of functions.

(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.

(2) 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.

4 Appointment ofpanels.

(1) 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.

(2) 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.

(3) Where the Commission have sought suggestions as mentioned in subsection (2) above, they shall consider any such suggestions before making an appointment under subsection (1) above.

(4) The Commission may appoint a member of the Commission or a member of the Commission'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 the Commission 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) 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.

5 Close seasons.

(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 the Commission to carry out such consultation on his behalf.

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

(a) report the results of that consultation, and

(b) tender such advice as they 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 the Commission have 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 the Commission 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) Without prejudice to section 26, and subject to section 37, of this Act, and notwithstanding anything in any agreement between an occupier of land and the owner thereof, the Commission 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 spe cies of deer in an order under subsection (1) above, where they are satisfied that—

(a) the taking or killing is necessary-

(i) to prevent serious damage to any unenclosed woodland which forms part of that land, or serious damage, whether direct or indirect, to the natural heritage generally or

(ii) in the interests of public safety and

(b) no other means of control which might reasonably be adopted in the circumstances would be adequate.

(7) Subject to section 37 of this Act, the Commission 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.

6 Control areas.

6. In this Act the area to which a control...