The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
(1)The 1996 Act is amended as follows.
(2)In section 5 (close season authorisations)—
(a)in subsection (6)—
(i)the words from the beginning to “and” where it first occurs are repealed,
(ii)for paragraphs (a) and (b) substitute—
“(a)the taking or killing is necessary—
(i)to prevent damage to any crops, pasture or human or animal foodstuffs on any agricultural land which forms part of that land; or
(ii)to prevent damage to any enclosed woodland which forms part of that land; or
(b)the taking or killing is necessary—
(i)to prevent damage to any unenclosed woodland which forms part of that land; or
(ii)to prevent damage, whether directly or indirectly, to the natural heritage generally; or
(iii)in the interests of public safety,
and no other means of control which might reasonably be adopted in the circumstances would be adequate.”,
(b)after subsection (7), add—
“(8)An authorisation under subsection (6) or (7) above—
(a)may be, to any degree, general or specific (including as regards the land in relation to which it is granted);
(b)may be granted to a particular person or to a category of persons.”.
(3)In section 26 (right of occupier in respect of deer causing serious damage)—
(a)in the title, the word “serious” is repealed,
(b)in subsection (1)—
(i)the words from “Notwithstanding” to “Act,” are repealed,
(ii)the word “serious” is repealed,
(c)after that subsection insert—
“(1A)Subsection (1) above does not apply during any period fixed by order under section 5(1) of this Act in relation to the sex and species of the deer concerned.”.
(4)In section 37 (restrictions on granting of certain authorisations)—
(a)in subsection (1), at the beginning insert “ Except as mentioned in subsection (1A) below, ”,
(b)after that subsection, insert—
“(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.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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