Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

The Regulatory Reform (Deer) (England and Wales) Order 2007

Consolidated Text As Enacted Cited authorities 39 Cited in Amendments 7 Related
Vincent
JurisdictionUK Non-devolved
(1) This Order may be cited as the Regulatory Reform (Deer) (England and Wales) Order 2007 and shall come into force on 1st October 2007.(2) This Order extends to England and Wales only.(3) In this Order “the 1991 Act” means the Deer Act 1991.
  • In section 4 of the
    • (1) Section 6 of the 1991 Act (general exceptions to certain provisions of this Act) is amended as follows.(2) After subsection (2) , insert—
    • (2A) A person shall not be guilty of an offence under section 2 or section 3 above by reason of taking or killing a deer that he reasonably believes—
    • (a) has been deprived in any way (other than by an unlawful taking or killing by that person) of a female deer on which it was dependent; or
    • (b) is about to be deprived, by death from disease or a lawful taking or killing, of a female deer on which it is dependent.
    has been deprived in any way (other than by an unlawful taking or killing by that person) of a female deer on which it was dependent; oris about to be deprived, by death from disease or a lawful taking or killing, of a female deer on which it is dependent.(3) For subsection (4) , substitute—
    • (4) A person shall not be guilty of an offence under section 4(1) or (2) above by reason of the use of any reasonable means for the purpose of killing any deer if he reasonably believes that the deer has been so seriously injured, otherwise than by his unlawful act, or is in such condition, that to kill it is an act of mercy.
    .    A person shall not be guilty of an offence under section 4(1) or (2) above by reason of the use of any reasonable means for the purpose of killing any deer if he reasonably believes that the deer has been so seriously injured, otherwise than by his unlawful act, or is in such condition, that to kill it is an act of mercy.(4) After subsection (4) , insert—
    • (4A) In subsection (4) above, “any reasonable means” means any method of killing a deer that can reasonably be expected to result in rapid loss of consciousness and death and which is appropriate in all the circumstances (including in particular what the deer is doing, its size, its distance from the closest position safely attainable by the person attempting to kill the deer and its position in relation to vegetative cover) .
    .    In subsection (4) above, “any reasonable means” means any method of killing a deer that can reasonably be expected to result in rapid loss of consciousness and death and which is appropriate in all the circumstances (including in particular what the deer is doing, its size, its distance from the closest position safely attainable by the person attempting to kill the deer and its position in relation to vegetative cover) .(5) At the end, insert—
    • (6) A person shall not be guilty of an offence under section 4(2) (a) above if he uses for the purpose of taking or killing or injuring any Chinese water deer (Hydropotes inermis) or muntjac deer (Muntiacus reevesi) —
    • (a) a rifle having a calibre of not less than .220 inches and a muzzle energy of not less than 1,356 joules (1000 foot pounds) , and
    • (b) a soft-nosed or hollow-nosed bullet weighing not less than 3.24 grammes (50 grains) .
    a rifle having a calibre of not less than .220 inches and a muzzle energy of not less than 1,356 joules (1000 foot pounds) , anda soft-nosed or hollow-nosed bullet weighing not less than 3.24 grammes (50 grains) .(1) Section 8 of the 1991 Act (exceptions for persons licensed by Natural England or the Countryside Council for Wales) is amended as follows.(2) For the heading, substitute “Exceptions for licensed persons”.(3) After subsection (3) , insert—
    • (3A) A licence may be granted to any person by—
    • (a) Natural England, in relation to any land in England, or
    • (b) the Welsh Ministers, in relation to any land in Wales,
    Natural England, in relation to any land in England, orthe Welsh Ministers, in relation to any land in Wales,preserving public health or public safety, orconserving the natural heritage.in the case of a licence required for the purpose of preserving public health or public safety, there is a serious risk of deer of the species and description to which the application relates putting public health or public safety at risk;in the case of a licence required for the purpose of conserving the natural heritage, there is a serious risk of deer of the species and description to which the application relates causing deterioration of the natural heritage;to achieve the purpose in question there is no satisfactory alternative to taking and killing the deer of the species and description to which the application relates during the close season prescribed by Schedule 1 to this Act;the applicant has a right of entry to the land for the purpose of taking or killing deer under the licence; andif the licence is to relate to red, roe or fallow deer, the taking or killing to be authorised by the licence will not compromise the ability of

    To continue reading

    Request your trial
    Navigation index

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT