Order made by the Scottish Ministers and laid before the Scottish Parliament under section 10(1) of the Destructive Imported Animals Act 1932 for approval by resolution of the Scottish Parliament.

2011 No.

AnimalsDestructive Animals

The Muntjac Keeping (Scotland) Order 2011

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1 and 10 of the Destructive Imported Animals Act 19321, and all other powers enabling them to do so.

In accordance with section 10 of that Act the Scottish Ministers are satisfied with respect to the non-indigenous mammalian species2 which are the subject of this Order that by reason of their destructive habits it is desirable to control the keeping of them and to destroy any such which may be at large.

Title, commencement and extent1

1

This Order may be cited as the Muntjac Keeping (Scotland) Order 2011, and comes into force on 1st July 2011.

2

This Order extends to Scotland only.

Interpretation2

In this Order—

  • “1932 Act” means the Destructive Imported Animals Act 1932; and

  • “Muntjac” means an animal of the genus Muntiacus.

Keeping of Muntjac3

The keeping of Muntjac is prohibited except under a licence granted under the 1932 Act.

Modification of the 1932 Act4

The provisions of the 1932 Act shall apply to the keeping of Muntjac subject to the modifications that in section 63, subsection (1)—

a

paragraph (d) is omitted; and

b

the reference to a penalty in the case of an offence under that paragraph is omitted.

R CUNNINGHAMAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Order)

This Order regulates the keeping of animals of the genus Muntiacus (Muntjac deer), which are as shown in the table:

Common name

Scientific name

Indian (or common) muntjac

Muntiacus muntjak

Reeve’s (or Chinese) muntjac

Muntiacus reevesi

Hairy-fronted (or Black) muntjac

Muntiacus crinifrons

Fea’s muntjac

Muntiacus feae

Bornean yellow muntjac

Muntiacus atherodes

Roosevelt’s muntjac

Muntiacus rooseveltorum

Gongshan muntjac

Muntiacus gongshanensis

Giant muntjac

Muntiacus vuquangensis

Truong Son muntjac

Muntiacus truongsonensis

Leaf muntjac

Muntiacus putaoensis

Sumatran muntjac

Muntiacus montanus

Pu Hoat muntjac

Muntiacus puhoatensis

Article 3 prohibits the keeping of Muntjac except under a licence granted by the Scottish Ministers under the Destructive Imported Animals Act 1932 (“1932 Act”).

Article 4 of the Order modifies the effect of the 1932 Act so that it is not an offence to turn loose any Muntjac, or wilfully allow any Muntjac to escape.

It is an offence under section 6 of the 1932 Act to keep a Muntjac without a licence, or to act in contravention of any term of the licence, or to obstruct any officer or persons authorised by the Scottish Ministers in execution of a duty under that Act.

A business and regulatory impact assessment has been prepared for this Order. A copy of the assessment has been placed in the Scottish Parliament Information Centre. Further copies may be obtained from the Scottish Government Rural and Environment Directorate, Natural Resources Division, Victoria Quay, Edinburgh EH6 6QQ.