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Public Services Reform (Scotland) Act 2010

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SCHEDULE 1SDeer Commission for Scotland: modifications of enactments

(introduced by section 1)

This schedule has no associated Explanatory Notes

Natural Heritage (Scotland) Act 1991 (c. 28)S

1SThe Natural Heritage (Scotland) Act 1991 is amended as follows.

Commencement Information

I1Sch. 1 para. 1 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

2SIn section 1 (establishment of Scottish Natural Heritage)—

(a)in subsection (1), after “be” where it third occurs insert—

(a)in relation to natural heritage, those specified in subsection (1A) below,

(b)in relation to deer, those specified in section 1(1) of the Deer (Scotland) Act 1996 (c. 58).

(1A)SNH's general aims and purposes in relation to natural heritage are—,

(b)after subsection (3) insert—

(4)In this Act, “natural heritage functions”, in relation to SNH, does not include the functions in relation to deer conferred on it by or under the Deer (Scotland) Act 1996 (c. 58) or any other enactment other than one in this Act..

Commencement Information

I2Sch. 1 para. 2 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

3SIn section 2 (general functions of SNH), in subsection (1)—

(a)in paragraph (b), after “its” where it second occurs insert “ natural heritage ”,

(b)in paragraph (c)—

(i)for “research”, where it first and second occurs, substitute “ any research, inquiry or investigation ”,

(ii)after “its” where it second and third occurs insert “ natural heritage ”,

(iii)for “itself” substitute “ , inquiry or investigation itself or in collaboration with any other person ”.

Commencement Information

I3Sch. 1 para. 3 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

4SIn section 3 (duty to take account of certain matters), in subsection (1), after “its” insert “ natural heritage ”.

Commencement Information

I4Sch. 1 para. 4 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

Deer (Scotland) Act 1996 (c. 58)S

5SThe Deer (Scotland) Act 1996 is amended as follows.

Commencement Information

I5Sch. 1 para. 5 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

6SFor “the Commission” and “the Commission's”, wherever those words occur (except in sections 24 and 27 and in the entry relating to section 24(b) in Schedule 3), substitute respectively “ SNH ” and “ SNH's ”.

Commencement Information

I6Sch. 1 para. 6 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

7SFor the title of Part 1 substitute “ Scottish Natural Heritage's deer functions ”.

Commencement Information

I7Sch. 1 para. 7 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

8(1)Section 1 (the Deer Commission for Scotland) is amended as follows.S

(2)In subsection (1)—

(a)for the words from the beginning to “shall” where it second occurs substitute “ Scottish Natural Heritage (in this Act referred to as “SNH”) has the following general aims and purposes in relation to deer ”,

(b)in paragraph (a), after “Act,” insert “ to ”,

(c)in paragraph (b), at the beginning insert “ to ” and for “them” substitute “ it ”.

(3)After subsection (1) insert—

(1A)In this Act references to SNH's deer functions are to the functions relating to deer conferred on it by or under this Act or any other enactment..

(4)In subsection (2), for “their” substitute “ its deer ”.

(5)Subsections (3) to (7) are repealed.

Commencement Information

I8Sch. 1 para. 8 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

9SIn section 2 (advice and annual reports)—

(a)in subsection (1)(a), for “them” substitute “ it ”,

(b)subsections (2) and (3) are repealed.

Commencement Information

I9Sch. 1 para. 9 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

10SIn section 3 (power to facilitate exercise of functions)—

(a)in subsection (1), before “functions” insert “ deer ”,

(b)in subsection (2), for “their” substitute “ its ”.

Commencement Information

I10Sch. 1 para. 10 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

11SIn section 4 (appointment of panels)—

(a)in subsection (1), for “they consider” insert “ it considers ”,

(b)in subsection (2)—

(i)for “they think” substitute “ it thinks ”,

(ii)for “their” substitute “ its ”,

(c)in subsection (3)—

(i)for “have” substitute “ has ”,

(ii)for “they” substitute “ it ”,

(d)in subsection (6), before “functions” insert “ deer ”.

Commencement Information

I11Sch. 1 para. 11 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

12SIn section 5 (close seasons)—

(a)in subsection (3), for “they” in both places substitute “ it ”,

(b)in subsection (4), for “have” substitute “ has ”,

(c)in subsection (6), for “they are” substitute “ it is ”.

Commencement Information

I12Sch. 1 para. 12 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

13SIn section 7 (control agreements)—

(a)in subsection (1)—

(i)for “are” where it first occurs substitute “ is ”,

(ii)for “they” substitute “ it ”,

(b)in subsection (3), for “they” substitute “ it ”,

(c)in subsection (4)—

(i)for “they have” substitute “ it has ”,

(ii)for “consider” substitute “ considers ”.

Commencement Information

I13Sch. 1 para. 13 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

14SIn section 8 (control schemes)—

(a)in subsection (1)—

(i)for “are” where it first occurs substitute “ is ”,

(ii)for “they” where it first occurs substitute “ it ”,

(iii)for “they consider” substitute “ it considers ”,

(b)in subsection (8)—

(i)for “are” in both places substitute “ is ”,

(ii)for “they” in both places substitute “ it ”.

Commencement Information

I14Sch. 1 para. 14 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

15SIn section 9 (recovery of control scheme expenses)—

(a)in subsection (1)—

(i)for “their” substitute “ its ”,

(ii)for “them” substitute “ it ”,

(b)in subsections (2) and (5), for “their” substitute “ its ”.

Commencement Information

I15Sch. 1 para. 15 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

16SIn section 10 (emergency measures)—

(a)in subsection (1)—

(i)for “are” where it first occurs substitute “ is ”,

(ii)in paragraph (b), for “their” substitute “ its ”,

(b)in subsection (2), for “are” substitute “ is ”,

(c)in subsection (3), for “them” substitute “ it ”,

(d)in subsection (4), for “their” substitute “ its ”,

(e)in subsection (5), for “them” substitute “ it ”,

(f)in subsection (7)—

(i)for “intend” substitute “ intends ”,

(ii)for “are” substitute “ is ”,

(iii)for “they” where it first occurs substitute “ it ”,

(iv)for “their” substitute “ its ”,

(v)for “they consider” substitute “ it considers ”,

(g)in subsection (8), for “their” insert “ its ”.

Commencement Information

I16Sch. 1 para. 16 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

17SIn section 11 (application of section 10 in relation to natural heritage), for “are” where it first and third occurs substitute “ is ”.

Commencement Information

I17Sch. 1 para. 17 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

18SIn section 12 (power to provide services and equipment etc.)—

(a)in subsection (3), for “decide” substitute “ decides ”,

(b)in subsection (4), for “them” substitute “ it ”.

Commencement Information

I18Sch. 1 para. 18 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

19SIn section 15 (power to enter on land), in subsection (3)(b), for “their” substitute “ its ”.

Commencement Information

I19Sch. 1 para. 19 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

20SIn section 16 (service of notices), in subsection (5), for “their” substitute “ its ”.

Commencement Information

I20Sch. 1 para. 20 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

21SIn section 18 (taking or killing deer at night), in subsection (2), for “they are” substitute “ it is ”.

Commencement Information

I21Sch. 1 para. 21 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

22SIn section 37 (restrictions on granting certain authorisations)—

(a)in subsection (1), for “they are” substitute “ it is ”,

(b)in subsection (4), for “think” substitute “ thinks ”,

(c)in subsection (5), for “they” substitute “ it ” and for “their” substitute “ its ”.

Commencement Information

I22Sch. 1 para. 22 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

23SIn section 39 (disposal of deer killed under authority), for “their” substitute “ its ”.

Commencement Information

I23Sch. 1 para. 23 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

24SIn section 40 (returns of number of deer killed), in subsection (1), for “their” substitute “ its deer ”.

Commencement Information

I24Sch. 1 para. 24 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

25SSection 46 (financial provisions) is repealed.

Commencement Information

I25Sch. 1 para. 25 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

26(1)Schedule 1 (Deer Commission for Scotland: supplementary provisions) is repealed.S

(2)Despite the repeal of paragraph 4 of Schedule 1, that paragraph continues to have effect in relation to the persons who were members of the Commission immediately before the date when section 1 comes into force.

Commencement Information

I26Sch. 1 para. 26 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

27SIn Schedule 2 (control schemes), in paragraph 1—

(a)for “decide” substitute “ decides ”,

(b)for “they” substitute “ it ”.

Commencement Information

I27Sch. 1 para. 27 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)S

28SIn schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (devolved public bodies), the entry relating to the Deer Commission for Scotland is repealed.

Commencement Information

I28Sch. 1 para. 28 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

Scottish Public Services Ombudsman Act 2002 (asp 11)S

29SIn schedule 2 to the Scottish Public Services Ombudsman Act 2002 (listed authorities), in Part 2, the entry relating to the Deer Commission for Scotland is repealed.

Commencement Information

I29Sch. 1 para. 29 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

Freedom of Information (Scotland) Act 2002 (asp 13)S

30SIn schedule 1 to the Freedom of Information (Scotland) Act 2002 (Scottish public authorities), in Part 7, the entry relating to the Deer Commission for Scotland is repealed.

Commencement Information

I30Sch. 1 para. 30 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)S

31SIn schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (the specified authorities), the entry relating to the Deer Commission for Scotland is repealed.

Commencement Information

I31Sch. 1 para. 31 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.

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