(1) Every licensed venison dealer shall keep a book in which shall be entered records in the prescribed form of all purchases and receipts of venison by him and shall enter in such book forthwith the prescribed particulars of such purchases and receipts.
(2) Any person authorised in writing in that behalf by the Secretary of State or by SNH (an “authorised person”) or any constable, may inspect any book kept in pursuance of subsection (1) above.
(2A) For the purposes of subsection (2) above, an authority may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced.
(3) An authorised person shall show his written authority, or a copy of a record of authority in terms of subsection (2A) above, when so requested.
(4) A licensed venison dealer shall produce for inspection by an authorised person or constable—
(a) any book kept in pursuance of subsection (1) above;
(b) all invoices, consignment notes, receipts and other documents (including copies of them where the originals are not available) which may be required to verify any entry in such book; and
(c) all venison in his possession or under his control, or on premises or in vehicles under his control,
and shall allow the authorised person or constable to take copies of such book or document or extracts therefrom.
(5) Every book kept in pursuance of subsection (1) above shall be kept until the end of the period of three years beginning with the day on which the last entry was made in the book and any such documents as are mentioned in subsection (4)(b) above shall be kept for a period of three years beginning with the date of the entry to which they refer.
(6) In this section “prescribed” means prescribed by order.
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—
(a) that the venison was so purchased or received;
(b) the name and address of the other licensed venison dealer or of the licensed game dealer;
(c) the date when the venison was so purchased or received;
(d) the number of carcases and sex of the venison; and
(e) the species of deer, provided that it is possible to identify it.
(1) Subject to subsection (2) below, any person who—
(a) sells, offers or exposes for sale; or
(b) has in his possession, transports or causes to be transported for the purpose of sale at any premises,
any venison shall be guilty of an offence.
(2) A person is not guilty of an offence under subsection (1) above if—
(a) he is a licensed venison dealer; or
(b) he does the act constituting the offence for the purpose of selling to a licensed venison dealer; or
(c) he has purchased the venison from a licensed venison dealer.
(3) In subsection (2) above “licensed venison dealer” means the holder of a venison dealer’s licence granted by the council within whose area the sale, offer or exposure for sale takes place, or where the premises concerned are situated.
(4) Any person who—
(a) sells, offers or exposes for sale;
(b) has in his possession for the purpose of sale at any premises;
(c) transports for the purpose of sale; or
(d) purchases or offers to purchase or receives,
the carcase of a deer, or any part of such a carcase, which he knows or has reason to believe has been killed unlawfully shall be guilty of an offence.
(5) Any licensed venison dealer who fails to comply with any provision of section 34 of this Act or who knowingly or recklessly makes in any book or document he is required to keep under that section an entry which is false or misleading in any material particular shall be guilty of an offence.
(6) Any person who obstructs an authorised person or a constable making an inspection under section 34 of this Act shall be guilty of an offence.
(7) In this section “sale” includes barter, exchange and other transactions by which venison is disposed of for value.
37 Restrictions on granting of certain authorisations.
(1) Except as mentioned in subsection (1A) below, SNH shall not grant an authorisation under any of sections 5(6) or (7), 18(2) or 19(2) of this Act (in subsections (2) to (5) below referred to as an “authorisation”) unless it is satisfied that the person concerned is a fit and competent person to receive an authorisation under that provision.
(1A) Subsection (1) above does not apply to an authorisation under section 5(6) of this Act to any of the following persons to take or kill, for the purpose of preventing any damage mentioned in section 5(6)(a), any deer found on land falling within section 26(1)(a) or (b) of this Act (“section 26 land”)—
(a) the occupier of the section 26 land; or
(b) if authorised by the occupier—
(i) the owner of the section 26 land;
(ii) an employee of the owner; or
(iii) an employee of the occupier, or any other person normally resident on, the section 26 land.
(2) An authorisation shall—
(a) be in writing; and
(b) specify the duration of its validity.
(2A) For the purposes of subsection (2) above, an authorisation may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced.
(3) No authorisation shall be granted under section 18(2) or 19(2) of this Act unless a relevant code of practice has been published under subsection (5) below, and any such authorisation shall contain a condition that the person concerned shall comply with the relevant provisions of any such code.
(4) An authorisation may contain such conditions, other than that mentioned in subsection (3) above, as SNHn thinks fit.
(5) SNH shall prepare and publish, and from time to time revise, a code of practice for—
(a) night shooting; and
(b) the use of vehicles for the purposes of deer management, within the meaning of section 19(2) of this Act,
to which it shall have regard when exercising its power under section 18(2) or, as the case may be, section 19(2) of this Act.
40 Power of Commission to require return of number of deer killed.
(1) SNH may, for the purposes of any of its deer functions, by notice served on the owner or occupier of any land require him to make a return, in such form as SNH may require, showing the number of deer of each species and of each sex which to his knowledge have been taken or killed on the land.
(2) A notice served under subsection (1) above shall—
(a) be in writing;
(b) specify a period, immediately preceding the date of service of the notice, for which the return must be completed.
(2A) For the purposes of subsection (2) above, a notice may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7)), which has been recorded and is consequently capable of being reproduced.
(2B) A notice may be served on a person by such an electronic communication only if—
(a) the person consents in writing to the receipt of a notice of the kind in question from the sender by electronic communication sent to a specified number or address, and
(b) the communication is sent to the number or address in question.
(3) A period specified by virtue of subsection (2)(b) above shall not exceed five years.
(4) Any person on whom a notice under subsection (1) above has been served who—
(a) fails without reasonable cause to make the required return within thirty-six days after the service of the notice; or
(b) in making the return knowingly or recklessly furnishes any information which is false in a material particular,
shall be guilty of an offence.
40A Power of SNH to require return of number of deer planned to be killed
(1) SNH may, for the purposes of any of its deer functions, by notice served on the owner or occupier of any land require the owner or occupier to make a return, in such form as SNH may require, showing how many deer of each species and of each sex are planned to be killed on the land in the following year.
(2) A notice served under subsection (1) must specify a period, of not more than 1 year immediately following the date of service of the notice, for which the return must be completed.
(3) Any person on whom a notice under subsection (1) has been served who fails without reasonable cause to make the required return within 36 days after the service of the notice commits an offence.
(1) Nothing in Parts I or II (except section 5) of this Act or anything done thereunder shall preclude any occupier of any land from recovering any compensation for damage caused by deer which he would have been entitled to recover if this Act had not been passed.
(2) Nothing in sections 18(1), 19(1) or 20(1)(a) of this Act shall be construed as prohibiting—
(a) a person having a legal right to take deer on any land; or
(b) a person having permission in writing from any such person as is mentioned in paragraph (a) above,
from taking a deer on that land in any manner which does not cause it unnecessary suffering.
42 Information to be supplied to owner of certain land.
The occupier of any agricultural land or enclosed or unenclosed woodland shall supply, as soon as practicable after being requested to do so by the owner of the land, information to the owner as to the number, sex and species of deer taken or killed by him or by any other person, other than the owner or his employees, authorised or nominated by him under or by virtue of section 5(6), 18(2) or 26(2) of this Act within the period of twelve months immediately preceding the request.
(1) Subject to subsections (2) to (4) below, this Act does not apply in respect of farmed deer.
(2) The following provisions of this Act apply as respects farmed deer—
(a) subsections (3) and (4) of section 17;
(b) section 21;
(c) sections 33 to 36;
(d) section 45.
(3) The provisions of sections 24 and 27 to 32 of this Act shall apply in respect of an offence committed by virtue of subsection (2) above.
(4) In this section “farmed deer” means deer of any species which are on agricultural land enclosed by a deer-proof barrier and are kept on that land by any person as livestock.
(1) This Act binds the Crown, subject to such modifications as may be prescribed.
(2) In subsection (1) above, “prescribed” means prescribed in regulations made by the Secretary of State under this Act.
(3) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(4) Despite subsection (3), this Act applies to persons in the public service of the Crown as it applies to other persons.
(5) The power conferred by section 15 of this Act is exercisable in relation to Crown land only with the consent of the appropriate authority.
(6) In subsection (5), “Crown land” means an interest in land which—
(a) belongs to Her Majesty in right of the Crown;
(b) belongs to Her Majesty in right of Her private estates;
(c) belongs to an office-holder in the Scottish Administration or is held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration; or
(d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.
(7) In subsection (5), the “appropriate authority”—
(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;
(b) in the case of any other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration who or, as the case may be, government department which manages the land or the relevant person ;
(c) in the case of land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers;
(d) in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration, means that office-holder;
(e) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that government department.
(7A) In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.
(8) The references in subsections (6)(b) and (7)(c) to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).
(9) It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any land, and their decision is final.
(1) In this Act, unless the context otherwise requires—
“agricultural land” has the meaning given by the Agricultural Holdings (Scotland) Act 1991;
“ammunition” and “firearm” have the meanings respectively given in th e Firearms Act 1968;
“animal foodstuffs”, for the purposes of sections 18(2) and 26 of this Act, includes foodstuffs intended for consumption by farmed deer;
“code of practice on deer management” means the code of practice currently in operation in pursuance of section 5A of this Act;
“control agreement” has the meaning given by section 7 of this Act;
“control area” has the meaning given by section 6 of this Act;
“control scheme” has the meaning given by section 8 of this Act;
“deer” means fallow deer, red deer, roe deer and sika deer and any other species of deer specified in an order made under subsection (2) below and includes any hybrid of those species and, where appropriate, the carcase of any deer or any part of it;
“deer management” includes the management of deer for sporting purposes;
“deer proof barrier” means a barrier which will, having regard to the character and nature of the land, prevent the entry of deer on to or, as the case may be, the escape of deer from any land;
“enclosed” means enclosed by a stock-proof fence or other barrier, and “unenclosed” shall be construed accordingly;
“fallow deer” means deer of the speciesDama dama;
“farmed deer” has the meaning given in section 43 of this Act;
“functions” includes powers and duties;
“land” does not include a dwelling house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith;
“livestock” has the meaning given by the Agriculture (Miscellaneous Provisions) Act 1968 and, for the purposes of sections 7, 8 and 10 of this Act, includes farmed deer;
“natural heritage” includes flora and fauna, geological and physiographical features and the natural beauty and amenity of the countryside;
“occupier” in relation to any land includes any tenant or sub-tenant, whether in actual occupation of the land or not;
“owner” in relation to any land includes any person who under the Land Clauses Acts would be enabled to sell and convey the land to promoters of an undertaking;
“red deer” means deer of the speciesCervus elaphus;
“registered person” means a person registered in accordance with regulations under section 17A(1);
“roe deer” means deer of the speciesCapreolus capreolus;
“shoot” means discharge a firearm of a class prescribed in an order under section 21(1) of this Act; and “shooting” is to be construed accordingly;
“sika deer” means deer of the speciesCervus nippon;
“species” includes any hybrid of different species of deer;
“take”, in relation to deer, means take alive, and cognate expressions shall be construed accordingly;
“vehicle” includes an aircraft, hovercraft or boat; and
“woodland” means land on which trees are grown, whether or not commercially, and includes any such trees and any vegetation planted or growing naturally among such trees on that land.
(2) The Secretary of State may, by order, specify other species of deer which are to be “deer” for the purposes of subsection (1) above.
(1) Subject to section 21(4) of this Act, any order or regulations made under this Act shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution by either House of Parliament.
(2) Any order made under this Act may be varied or revoked by a subsequent order made in the like manner.
48 Short title, consequential amendments, repeals, extent and commencement.
(1) This Act may be cited as the Deer (Scotland) Act 1996.
(2) Schedule 4 (which makes provisions consequential on this Act) and Schedule 5 (which repeals provisions consolidated by this Act) shall have effect.
(3) Subject to subsection (4) below, this Act shall extend to Scotland only.
(4) The amendments contained in Schedule 4 and the repeals contained in Schedule 5 have the same extent as the enactments therein amended or, as the case may be, repealed.
(5) Schedule 6 (which contains transitional and transitory provisions and a saving) shall have effect.
(6) This Act shall come into force at the expiry of the period of one month beginning with the date on which the Deer (Amendment)(Scotland) Act 1996 comes into force.
Section 8(6).
Part I Procedure for making control schemes
1 Where SNH decides to make a control scheme it shall—
(a) serve on every owner and every occupier of land on whom the scheme proposes to impose any requirement—
(i) a copy of the said scheme, together with
(ii) a notice stating that any such owner or occupier may, within twenty-eight days of the service of the notice, object to the Secretary of State in such manner as may be specified in the notice to the scheme or to any provision contained in it; and
(b) publish in such manner as SNH thinks fit a notice—
(i) stating that a control scheme has been prepared,
(ii) describing the control area,
(iii) naming a place ... where a copy of the control scheme and of the map referred to in it may be inspected at all reasonable hours, and
(iv) stating that any person may, within twenty-eight days of the first publication of such notice, object to the Secretary of State in such a manner as may be specified in the notice to the control scheme or to any provision contained in it.
2 If no objection is duly made under paragraph 1 above or if all objections so made are withdrawn, the Secretary of State may confirm the control scheme either in the form submitted to him or, subject to paragraph 4 below, with modifications.
3 If any objection duly made under paragraph 1 above is not withdrawn, the Secretary of State —
(a) must consider the objection, and
(b) may confirm the scheme either in the form submitted to him or, subject to paragraph 4 below, with modifications.
4 A control scheme shall not be confirmed with any modification unless ...—
(a) every—
(i) person served with a copy of the scheme by virtue of paragraph 1 above has been served with notice of the proposal to make the modification, and
(ii) other person on whom the modification, if made, would impose a requirement, has been served with a notice of the proposal to make the modification along with a copy of the said scheme,
and either has consented to it or has not, before the expiry of fourteen days from the service of the notice, notified the Secretary of State in writing that he objects to it ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Procedure for varying or revoking control schemes
5 On the application of SNH, the Secretary of State may make a scheme varying a control scheme or may revoke a control scheme.
6 Before making any such variation or revocation the Secretary of State shall—
(a) serve on every owner and every occupier of land on whom the control scheme has imposed any requirement or would, if varied as proposed, impose any requirement—
(i) a draft of the scheme varying the control scheme or, as the case may be, an intimation of the proposed revocation, together with
(ii) a notice stating that any such owner or occupier may, within twenty-eight days of the service of the draft scheme or the intimation, as the case may be, object to the Secretary of State in such a manner as may be specified in the notice to the variation or revocation of the control scheme; and
(b) publish in such manner as the Scottish Ministers think fit a notice—
(i) stating that the control scheme is to be varied or revoked, and
(ii) stating that any person may, within twenty-eight days of the first publication of such notice, object in such manner as may be specified in the notice to the making of the variation or revocation, and
(iii) naming, in the case of any such variation, a place ... where a copy of the scheme as proposed to be varied and any map referred to in it may be inspected at all reasonable hours.
7 If no objection is duly made under paragraph 6 above or if all objections so made are withdrawn, the Secretary of State may vary or revoke the control scheme, as the case may be.
8 If any objection duly made under paragraph 6 above is not withdrawn, the Secretary of State —
(a) must consider the objection, and
(b) may make the variation, either in the form of the draft or with modifications, or the revocation, as the case may be.
9 A variation of a control scheme shall not be made with any modification unless ...—
(a) every—
(i) person served with a copy of the draft scheme by virtue of paragraph 6 above has been served with notice of the proposal to make the modification, and
(ii) other person on whom the modification, if made, would impose a requirement has been served with a notice of the proposal to make the modification along with a copy of the said draft scheme,
and either has consented to it or has not, before the expiry of fourteen days from the service of the notice, notified the Secretary of State in writing that he objects to it ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III General procedural provisions
10 Notwithstanding anything in paragraphs 3 or 8 above, the Secretary of State may require any person who has made an objection to state in writing the grounds for it, and may disregard the objection for the purposes of this Schedule if he is satisfied that the objection is frivolous.
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Provisions as to the validity of control schemes and of variations and revocations of such schemes
12 On confirming a control scheme or on varying or revoking such a scheme the Secretary of State shall forthwith—
(a) serve on every person on whom a notice was required to be served under any of the following provisions—
(i) sub-paragraph (a) of paragraph 1 above;
(ii) sub-paragraph (a) of paragraph 4 above;
(iii) sub-paragraph (a) of paragraph 6 above;
(iv) sub-paragraph (a) of paragraph 9 above,
a notice stating that the scheme has been confirmed or, as the case may be, that a variation or revocation of such a scheme has been made;
(b) publish in such manner as the Scottish Ministers think fit a notice—
(i) stating that the scheme has been confirmed or varied or revoked, as the case may be, and
(ii) naming a place ... where a copy of the scheme or, as the case may be, the scheme as varied, and of any maps referred to in the scheme, may be inspected at all reasonable hours.
13 (1) Subject to sub-paragraphs (2) to (4) below, a control scheme or any variation or revocation of such a scheme shall not at any time be questioned in any proceedings whatsoever.
(2) Any owner or occupier of land who is aggrieved by—
(a) a decision of the Scottish Ministers to—
(i) confirm a control scheme,
(ii) make a scheme varying a control scheme, or
(iii) revoke a control scheme, or
(b) the terms or conditions of such a scheme,
may appeal to the Scottish Land Court.
(3) An appeal under sub-paragraph (2) must be lodged not later than 28 days after the date of publication of the notice referred to in paragraph 12(b).
(4) The Scottish Land Court must determine an appeal under sub-paragraph (2) on the merits rather than by way of review and may do so by—
(a) affirming the control scheme,
(b) directing the Scottish Ministers to revoke the scheme,
(c) making such other order as it thinks fit.
Enactment | Offence | Penalty
(a) on summary conviction | (b) on conviction on indictment
5(5) | Taking, killing or injuring deer in close season | a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
13(1) | Failure to comply with control scheme | a fine of £40,000 or 3 months imprisonment or both
13(2) | Obstruction of authorised person | a fine of level 3 on the standard scale or 3 months imprisonment or both
17(1) | Poaching | a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
17(2) | Removal of deer carcase without right or permission | a fine of level 4 on the standard scale for each deer carcase in respect of which the offence is committed or 3 months imprisonment or both
17(3) | Killing or injuring deer otherwise than by shooting | a fine of £40,000 for each deer in respect of which the offence is committed or 12 months imprisonment or both | a fine or imprisonment for a term of 5 years or both
17A(4) | Shooting deer when not registered or supervised | a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
17A(6)(a) or (b) | Failure to submit cull return or making false or misleading cull return | a fine of level 3 on the standard scale or 3 months imprisonment or both
17A(6)(aa) | Failure to submit cull return | a fine of level 3 on the standard scale
18(1) | Taking or killing at night | a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
19(1) | Use of vehicle to drive deer | a fine of level 4 on the standard scale or 3 months imprisonment or both
20(1) | Offences connected with use of vehicles and aircraft | a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
21(3)... | Breach of firearms order | a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
21(5) | Firearms and ammunition: wilfully injuring deer | a fine of £40,000 for each deer in respect of which the offence is committed or 12 months imprisonment or both | a fine or imprisonment for a term of 5 years or both
22 | Unlawful killing, taking or injuring of deer or breach of firearms order by more than one person | a fine of £40,000 in respect of each deer killed, taken or injured or 12 months imprisonment or both | a fine or imprisonment for a term of 5 years or both
23(1) | Illegal possession of deer or firearms | a fine of level 4 on the standard scale or 3 months imprisonment or both
24(a) | Attempting to commit certain offences | the same penalty as may be imposed in respect of the offence attempted.
24(b) | Acts preparatory to the commission of certain offences | the same penalty as may be imposed for the offence, subject to a maximum of a fine not exceeding level 4 on the standard scale or 3 months imprisonment or both
31(3)(c) | Failure to surrender cancelled firearm or shotgun certificate. | a fine of level 2 on the standard scale.
36(1) | Unauthorised sale etc. of venison | a fine of level 3 on the standard scale
36(4) | Sale etc. of unlawfully killed deer | a fine of level 4 on the standard scale or 3 months imprisonment or both
36(5) | Failure to comply with section 34 | a fine of level 2 on the standard scale
36(6) | Obstruction of person carrying out inspection under section 34 | a fine of level 3 on the standard scale
40(4) | Failure to make, or making false, return of number of deer killed. | a fine of level 3 on the standard scale or 3 months imprisonment or both.
40A(3) | Failure to make return of number of deer planned to be killed. | a fine of level 3 on the standard scale.
Section 48(2).
The Agriculture (Scotland) Act 1948 (c.45)
1 (1) The Agriculture (Scotland) Act 1948 shall be amended as follows.
(2) In section 39(3A) (exclusion of certain deer from provisions of that section), for the words “section 35A of the Deer (Scotland) Act 1959” there shall be substituted the words “ section 45 of the Deer (Scotland) Act 1996 ”.
(3) In section 42A (definition of “animals for the purposes of sections 40 to 42”), for the words “section 35A of the Deer (Scotland) Act 1959” there shall be substituted the words “ section 45 of the Deer (Scotland) Act 1996 ”.
The Deer Act 1991 (c.54)
2 In section 11(3) of the Deer Act 1991 (details to be recorded where venison bought from a licensed dealer), for the words “Part IIIA of the Deer (Scotland) Act 1959” there shall be substituted the words “ section 33 of the Deer (Scotland) Act 1996 ”.