Hunting with Dogs (Scotland) Act 2023
| Jurisdiction | Scotland |
| Citation | 2023 asp 1 |
| Year | 2023 |
Hunting with Dogs (Scotland) Act 2023
2023 asp 1
An Act of the Scottish Parliament to make provision about the prohibition of hunting wild mammals using dogs; to make provision about the prohibition of trail hunting; and for connected purposes.
[07 March 2023]
Part 1
Hunting a wild mammal using a dog
Offences
1 Offence of hunting a wild mammal using a dog
(1) A person commits an offence if—
(a)
(a) the person hunts a wild mammal using a dog, and
(b)
(b) none of the exceptions in sections 3, 5, 6, 7, 8 or 9 apply.
(2) A person who commits an offence under subsection (1) is liable—
(a)
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),
(b)
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
(3) In this Act—
“” includes, in particular, searching for and coursing (and related expressions are to be construed accordingly),
“” means any mammal (other than a human)—(a) which—(i) is living in a wild state,(ii) is of a species recognised as living in a wild state in the British Islands (as defined in schedule 1 of the Interpretation Act 1978), or(iii) has been deliberately released from temporary or permanent human control, and(b) which is not—(i) a rat,(ii) a mouse, or(iii) living under temporary or permanent human control.
(4) In this Part, a person is “using a dog” when the hunting of a wild mammal by that person involves the use of a dog, even if the dog is not under that person’s control or direction (and related expressions are to be construed accordingly).
2 Offences of knowingly causing or permitting another person to hunt using a dog
(1) A person commits an offence if—
(a)
(a) the person—
(i) is an owner or occupier of land, and
(ii) knowingly causes or permits another person to hunt a wild mammal using a dog on that land, and
(b)
(b) none of the exceptions in sections 3, 5, 6, 7, 8 or 9 apply to the hunting.
(2) A person commits an offence if—
(a)
(a) the person—
(i) owns or is responsible for a dog, and
(ii) knowingly causes or permits another person to hunt a wild mammal using that dog, and
(b)
(b) none of the exceptions in sections 3, 5, 6, 7, 8 or 9 apply to the hunting.
(3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).
(4) It is a defence for a person charged with an offence under subsection (1) or (2) to show that the person reasonably believed that any of the exceptions in sections 3, 5, 6, 7, 8 or 9 applied to the hunting.
(5) In this Part, an “owner” of land includes a person who—
(a)
(a) manages or controls that land, or
(b)
(b) is authorised to give permission for that land to be used for hunting.
(6) In this Act, a person “is responsible for” a dog where the person—
(a)
(a) is responsible for the dog on a temporary or permanent basis,
(b)
(b) is in charge of the dog, or
(c)
(c) has actual care and control of a person under the age of 16 years who is responsible for the dog under paragraph (a) or (b).
Exceptions to the offences
3 Exception: management of wild mammals above ground
(1) This section applies if—
(a)
(a) a person is using a dog above ground to—
(i) search for, stalk or flush from cover a wild mammal, with the intention of killing it for one or more of the purposes set out in subsection (2),
(ii) search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in sub-paragraph (i), and
(b)
(b) the conditions set out in subsection (3) are met.
(2) The purposes referred to in subsection (1)(a)(i) are—
(a)
(a) preventing serious damage to livestock, woodland or crops,
(b)
(b) preventing the spread of disease,
(c)
(c) protecting human health.
(3) The conditions referred to in subsection (1)(b) are that—
(a)
(a) either—
(i) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs, or
(ii) the activity is carried out in accordance with a licence granted under section 4,
(b)
(b) any dog used in the activity is under control,
(c)
(c) unless paragraph (a)(ii) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,
(d)
(d) permission for the activity has been given by the owner of the land on which the activity takes place,
(e)
(e) the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible,
(f)
(f) if an attempt to kill the wild mammal, as mentioned in paragraph (e), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.
4 Licence for use of more than two dogs in connection with section 3
(1) A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in section 3(1)(a).
(2) An application for a licence under subsection (1) must—
(a)
(a) be made to the relevant authority,
(b)
(b) be in such form as the relevant authority may require,
(c)
(c) contain or be accompanied by such information as the relevant authority may require, which may in particular include—
(i) the number of dogs for which permission is being sought,
(ii) the number of guns intended to be deployed,
(d)
(d) be accompanied by payment of such reasonable fee as the relevant authority may require.
(3) The relevant authority must publicise any requirements which are for the time being set under subsection (2)(b), (c) or (d).
(4) A licence under subsection (1)—
(a)
(a) may be granted to a particular person or to a category of persons,
(b)
(b) must relate to a particular species of wild mammal,
(c)
(c) must not be granted unless the relevant authority is satisfied that there is no other solution which would be effective in achieving the purpose set out in section 3(2) in relation to which the application for a licence is being made,
(d)
(d) may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in section 3(2) in relation to which the application for a licence is being made,
(e)
(e) must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 3(3)(e) and (f) in relation to the activity for which the application for a licence is being made,
(f)
(f) may be subject to compliance with such conditions as the relevant authority considers appropriate, which may include, in particular, reporting requirements in relation to activities carried out under the licence,
(g)
(g) may be granted for a maximum period of 14 days, which must fall within a period of 6 consecutive months,
(h)
(h) may be modified or revoked by the relevant authority at any time.
(5) A licence under subsection (1) must specify—
(a)
(a) the person or category of persons to whom it is granted,
(b)
(b) the species of wild mammal to which it relates,
(c)
(c) the area within which the searching for, stalking or flushing of that species of wild mammal may take place under the licence,
(d)
(d) the maximum number of dogs which are permitted to be used,
(e)
(e) the minimum number of guns (if any) which are required to be deployed,
(f)
(f) any conditions to which the licence is subject,
(g)
(g) the period of time for which the licence is valid.
(6) In this section, “” means—
(a)
(a) the Scottish Ministers, or
(b)
(b) where the Scottish Ministers have delegated their functions in relation to licences, Scottish Natural Heritage.
5 Exception: management of foxes below ground
(1) This section applies if—
(a)
(a) a person is using a dog to—
(i) search for a fox below ground, or
(ii) flush a fox from below ground,
with the intention of killing it for one or more of the purposes set out in subsection (2), and
(b)
(b) the conditions set out in subsection (3) are met.
(2) The purposes referred to in subsection (1)(a) are—
(a)
(a) preventing serious damage to livestock, woodland or crops,
(b)
(b) preventing the spread of disease,
(c)
(c) protecting human health,
(d)
(d) relieving the suffering of an injured or dependent fox.
(3) The conditions referred to in subsection (1)(b) are that—
(a)
(a) the activity mentioned in subsection (1)(a) does not involve the use of more than one dog,
(b)
(b) the dog used in the activity is—
(i) under control,
(ii) fitted with a device to allow tracking of the position of the dog below ground,
(c)
(c) reasonable steps are taken—
(i) to prevent the dog becoming trapped below ground, and
(ii) if the dog becomes trapped below ground, to ensure that it is rescued as soon as reasonably possible,
(d)
(d) permission for the activity has been given by the owner of the land on which the activity takes place,
(e)
(e) no steps are taken to prevent the fox from being flushed or emerging from below ground,
(f)
(f) if the fox which is being searched for or flushed is found or emerges from below ground, it is shot dead, or killed by a bird of prey, as soon as reasonably possible,
(g)
(g) if an attempt to kill the fox, as mentioned in paragraph (f), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.
(4) In this section, “” means that the mother of a fox is dead and it is too young to survive on its own.
6 Exception: falconry, game shooting and deer stalking
(1)...
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