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Protection of Wild Mammals (Scotland) Act 2002

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This is the original version (as it was originally enacted).

3Exception: use of a dog in connection with falconry and shooting

Where an occupier of land (or a person acting with the occupier’s permission) is using a bird of prey, or a firearm or shotgun, for the purpose of sport, that person does not commit an offence under section 1(1) by using a dog under control to stalk a wild mammal, or flush it from cover above ground, for the purpose of providing quarry for the sport, but only if—

(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.

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