Protection of Wild Mammals (Scotland) Act 2002
| Jurisdiction | Scotland |
| Citation | 2002 asp 6 |
| Year | 2002 |
(1) A person who deliberately hunts a wild mammal with a dog commits an offence.(2) It is an offence for an owner or occupier of land knowingly to permit another person to enter or use it to commit an offence under subsection (1) .(3) It is an offence for an owner of, or person having responsibility for, a dog knowingly to permit another person to use it to commit an offence under subsection (1) .protecting livestock, ground-nesting birds, timber, fowl (including wild fowl) , game birds or crops from attack by wild mammals;providing food for consumption by a living creature, including a person;protecting human health;preventing the spread of disease;controlling the number of a pest species; orcontrolling the number of a particular species to safeguard the welfare of that species,(2) Where a person is using a dog in connection with the despatch of a wild mammal, being of a pest species, with the intention of flushing the wild mammal from cover or from below ground in order that it may be shot or killed by lawful means, that person does not commit an offence under section 1(1) by virtue of the dog killing that wild mammal in the course of that activity.does so for one or more of the purposes specified in paragraphs (a) to (f) of subsection (1) ;takes reasonable steps to ensure that the fox or mink is flushed as soon as reasonably possible after it is located and shot as soon as possible after it is flushed;takes all reasonable steps to prevent injury to the dog including steps to prevent the dog becoming trapped underground and, if it does become trapped underground, steps to ensure it is rescued as soon as is practicable;is in possession of a firearm for which the person holds a valid firearms or shotgun certificate; andis the owner or lawful occupier of the land on which the activity takes place; orhas the permission of the owner or lawful occupier of that land to undertake that activity.(a) that person acts to ensure that, once a wild mammal is found or emerges from cover, it is shot, or killed by a bird of prey, as soon as possible;(b) where a firearm or shotgun is used, that person holds a valid firearms or shotgun certificate or a valid visitor’s firearm or shot gun permit; and(c) where a wild mammal is shot and injured, that person takes all reasonable steps to retrieve it and, once retrieved, to kill it as humanely as possible.(1) An authorised person does not commit an offence under section 1(1) by using a dog to search for, or catch, a wild mammal if that person does so with no intention of harming the wild mammal.an officer of a local authority acting in pursuance of any function of the local authority;any person authorised by such an officer to search for, or catch, a wild mammal; anda constable.retrieve a hare which has been shot;locate a wild mammal which has escaped, or been released, from captivity (but only if that person acts to ensure that the mammal is captured or shot once it is located) ; orretrieve or locate a wild mammal which that person reasonably believes is seriously injured or orphaned (but only if that person acts to ensure that the mammal, once located, is captured, treated or killed as humanely as possible in order to relieve its suffering) .is a fox or hare;is a deer, boar or mink, unless it has escaped from a farm or zoo; orhas been raised or released for the purpose of being hunted.(3) A person who is an occupier of land (or is acting with the occupier’s permission) does not commit an offence under section 1(1) by using a dog under control below ground on that land in order to locate a fox which that person reasonably believes is orphaned, but only if that person takes reasonable steps to ensure that the fox, once located, is despatched by a single dog or otherwise killed as humanely as possible.(1) A person does not commit an offence under section 1(1) by participating in an excepted activity.(2) For the purposes of subsection (1) , an “excepted activity” is an activity excepted under any provision of this Act, and such other activity as the Scottish Ministers may, by order made by statutory instrument, specify.(3) No order is to be made under subsection (2) unless it has been laid in draft before, and approved by resolution of, the Scottish Parliament.lay the proposed draft order before the Parliament and make it publicly available for consultation for a period (“the consultation period”) of at least 12 weeks;during the consultation period, consult such persons and bodies as they consider likely to be affected by, or otherwise to have an interest in, the proposed draft order; andtake into account any comments on the proposed draft order expressed during the consultation period and make such changes to the draft order as they consider appropriate.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .stop and search that person, if the constable suspects with reasonable cause that evidence in connection with the offence is to be found on that person;search or examine a vehicle, animal or article which appears to belong to, or be in the possession or control of, that person, if the constable suspects with reasonable cause that evidence in connection with the offence is to be found in or on it;seize and detain for the purpose of proceedings under this Act a vehicle, animal or article which may be evidence in connection with the offence or which may be made the subject of an order under Part II of the Proceeds of Crime (Scotland) Act 1995 (c.43) .(2) A vehicle, animal or article seized under subsection (1) (d) above shall be returned to the person from whom it was seized as soon as any proceedings under this Act are concluded without the
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