Chwilio Deddfwriaeth

Deer (Scotland) Act 1996

Pa Fersiwn

 Help about what version

Nodweddion Uwch

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Deer (Scotland) Act 1996, Section 7. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

7 Control agreements.S

(1)Subject to the following provisions of this section, where [F1SNH][F2, having had regard to the code of practice on deer management,] [F3is] satisfied that, on any land, F4...—

(a)[F5deer or steps taken or not taken for the purposes of deer management] have caused, are causing, or are likely to cause—

(i)damage to woodland, to agricultural production, including any crops or foodstuffs, [F6to the welfare of deer] or, whether directly or indirectly, to the natural heritage generally; F7...

[F8(ia)damage to public interests of a social, economic or environmental nature; or]

(ii)injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or

(b)[F9deer] have become a danger or a potential danger to public safety,

and that for the prevention of further such damage, injury or, as the case may be, danger or potential danger, [F10or for the remedying of such damage, measures require to be taken in relation to the management of deer], [F11it] shall form a preliminary view, having due regard to the nature and character of the land in question, as to what measures should be taken F12...; and, for the purposes of this section and section 8 of this Act, “measures” includes the taking and removal of deer.

(2)For the purposes of subsection (1) above “the natural heritage” includes any alteration or enhancement of the natural heritage which is taking place, or is proposed to take place, either naturally or as a result of a change of use determined by the owner or occupier of the land in question; and “damage” shall be construed accordingly.

(3)Where it appears to [F1SNH] [F13, having had regard to the code of practice on deer management,] that the circumstances obtaining in a particular area require the complete exclusion of all deer, or of all deer of any species, from that area, [F14it] may form the view that any deer within that area should be taken, removed or killed.

(4)After [F15it has given notice to such owners and occupiers of land as it considers to be substantially interested that] [F16it has] formed—

(a)the preliminary view mentioned in subsection (1) above; or

(b)the view mentioned in subsection (3) above,

[F1SNH] shall consult with [F17those owners or occupiers], to secure agreement—

(i)that measures require to be taken;

(ii)as to what measures require to be taken, and within what time limit;

(iii)as to who is to carry out such measures; and

(iv)as to any other matters which appear to [F1SNH] to be necessary for the purposes of such an agreement.

[F18(4A)Subsection (4) also applies where subsection (4B) applies.

(4B)This subsection applies where—

(a)SNH has given notice under section 6A(1) and either—

(i) the date specified under section 6A(5) has passed and a deer management plan has not been submitted to SNH ,

(ii) a deer management plan has been submitted to SNH but SNH has rejected it, or

(iii) a deer management plan has been approved by SNH but the measures set out in the plan have not been taken, and

(b)SNH is satisfied that the conditions referred to in section 6A(1) continue to be met.]

(5)Where agreement is reached on the matters mentioned in subsection (4) above [F1SNH] shall draw up an agreement (a “control agreement”) specifying the parties to it, and any such control agreement may—

(a)describe the control area by reference to a map and specify the approximate extent of that area;

(b)specify the measures which are to be taken in relation to the deer in that area or any part of it;

(c)specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of [F1SNH], the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part of it;

(d)specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the agreement; F19...

(e)set out the time limits within which the owners or occupiers are to take any such measures [F20; and]

[F20(f)set out measures, or steps towards taking such measures, which the owners or occupiers are to take during each 12 month period for which the agreement has effect,]

and [F1SNH] shall send a copy of the control agreement to all the persons who were involved in the consultation referred to in subsection (4) above.

(6)[F1SNH] and any of the parties to a control agreement may agree at any time to vary its terms.

[F21(7)SNH must, on at least an annual basis, review a control agreement for the purpose of assessing compliance with its provisions.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed):Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

See additional information alongside the content

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: 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.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill