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Wildlife and Natural Environment (Scotland) Act 2011

Liability where securing services through another – inserted section 18B of the 1981 Act

167.Section 18B of the 1981 Act supplements inserted section 18A of that Act.

168.Section18B has the effect that where a person providing relevant services to a person who has (or controls or manages) the relevant right is guilty of a relevant offence (see subsection 6) on or in relation to that land, then the person who has (or controls or manages) the relevant right is also guilty of an offence.

169.Subsection (4) has the effect that proceedings for an offence can be taken against the person who has (or controls or manages) the relevant right, the person who provides relevant services, or all such persons.

170.Subsection (5) has the effect that a person is providing “relevant services” if they are managing or controlling shooting on or over that land, habitat of birds on that land, presence of predators of those birds on that land or releasing birds from captivity for the purpose of shooting on or over that land.

171.A ‘due diligence’ defence is also available under section 18B, and the penalties are again those that apply to the relevant offences.

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