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Deer (Scotland) Act 1996

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SCHEDULES

Section 1(7).

F1SCHEDULE 1S Deer Commission for Scotland: supplementary provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 8(6).

SCHEDULE 2S Provisions as to control schemes

Part IS Procedure for making control schemes

1Where [F2SNH] [F3decides] to make a control scheme [F4it] shall—

(a)serve on every owner and every occupier of land on whom the scheme proposes to impose any requirement—

(i)a copy of the said scheme, together with

(ii)a notice stating that any such owner or occupier may, within twenty-eight days of the service of the notice, object to the Secretary of State in such manner as may be specified in the notice to the scheme or to any provision contained in it; and

(b)publish in [F5such manner as SNH thinks fit] a notice—

(i)stating that a control scheme has been prepared,

(ii)describing the control area,

(iii)naming a place F6... where a copy of the control scheme and of the map referred to in it may be inspected at all reasonable hours, and

(iv)stating that any person may, within twenty-eight days of the first publication of such notice, object to the Secretary of State in such a manner as may be specified in the notice to the control scheme or to any provision contained in it.

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Amendments (Textual)

2If no objection is duly made under paragraph 1 above or if all objections so made are withdrawn, the Secretary of State may confirm the control scheme either in the form submitted to him or, subject to paragraph 4 below, with modifications.

3If any objection duly made under paragraph 1 above is not withdrawn, the Secretary of State [F7

(a)must consider the objection, and

(b)may] confirm the scheme either in the form submitted to him or, subject to paragraph 4 below, with modifications.

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Amendments (Textual)

4A control scheme shall not be confirmed with any modification unless F8...—

(a)every—

(i)person served with a copy of the scheme by virtue of paragraph 1 above has been served with notice of the proposal to make the modification, and

(ii)other person on whom the modification, if made, would impose a requirement, has been served with a notice of the proposal to make the modification along with a copy of the said scheme,

and either has consented to it or has not, before the expiry of fourteen days from the service of the notice, notified the Secretary of State in writing that he objects to it F9...

F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Part IIS Procedure for varying or revoking control schemes

5On the application of [F2SNH], the Secretary of State may make a scheme varying a control scheme or may revoke a control scheme.

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Amendments (Textual)

6Before making any such variation or revocation the Secretary of State shall—

(a)serve on every owner and every occupier of land on whom the control scheme has imposed any requirement or would, if varied as proposed, impose any requirement—

(i)a draft of the scheme varying the control scheme or, as the case may be, an intimation of the proposed revocation, together with

(ii)a notice stating that any such owner or occupier may, within twenty-eight days of the service of the draft scheme or the intimation, as the case may be, object to the Secretary of State in such a manner as may be specified in the notice to the variation or revocation of the control scheme; and

(b)publish in [F10such manner as the Scottish Ministers think fit] a notice—

(i)stating that the control scheme is to be varied or revoked, and

(ii)stating that any person may, within twenty-eight days of the first publication of such notice, object in such manner as may be specified in the notice to the making of the variation or revocation, and

(iii)naming, in the case of any such variation, a place F11... where a copy of the scheme as proposed to be varied and any map referred to in it may be inspected at all reasonable hours.

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Amendments (Textual)

7If no objection is duly made under paragraph 6 above or if all objections so made are withdrawn, the Secretary of State may vary or revoke the control scheme, as the case may be.

8If any objection duly made under paragraph 6 above is not withdrawn, the Secretary of State [F12

(a)must consider the objection, and

(b)may] make the variation, either in the form of the draft or with modifications, or the revocation, as the case may be.

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Amendments (Textual)

9A variation of a control scheme shall not be made with any modification unless F13...—

(a)every—

(i)person served with a copy of the draft scheme by virtue of paragraph 6 above has been served with notice of the proposal to make the modification, and

(ii)other person on whom the modification, if made, would impose a requirement has been served with a notice of the proposal to make the modification along with a copy of the said draft scheme,

and either has consented to it or has not, before the expiry of fourteen days from the service of the notice, notified the Secretary of State in writing that he objects to it F14...

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Part IIIS General procedural provisions

10Notwithstanding anything in paragraphs 3 or 8 above, the Secretary of State may require any person who has made an objection to state in writing the grounds for it, and may disregard the objection for the purposes of this Schedule if he is satisfied that the objection is frivolous.

F1511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Part IVS Provisions as to the validity of control schemes and of variations and revocations of such schemes

12On confirming a control scheme or on varying or revoking such a scheme the Secretary of State shall forthwith—

(a)serve on every person on whom a notice was required to be served under any of the following provisions—

(i)sub-paragraph (a) of paragraph 1 above;

(ii)sub-paragraph (a) of paragraph 4 above;

(iii)sub-paragraph (a) of paragraph 6 above;

(iv)sub-paragraph (a) of paragraph 9 above,

a notice stating that the scheme has been confirmed or, as the case may be, that a variation or revocation of such a scheme has been made;

(b)publish in [F16such manner as the Scottish Ministers think fit] a notice—

(i)stating that the scheme has been confirmed or varied or revoked, as the case may be, and

(ii)naming a place F17... where a copy of the scheme or, as the case may be, the scheme as varied, and of any maps referred to in the scheme, may be inspected at all reasonable hours.

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Amendments (Textual)

13(1)Subject to sub-paragraphs (2) [F18to (4)] below, a control scheme or any variation or revocation of such a scheme shall not at any time be questioned in any proceedings whatsoever.S

[F19(2)Any owner or occupier of land who is aggrieved by—

(a)a decision of the Scottish Ministers to—

(i)confirm a control scheme,

(ii)make a scheme varying a control scheme, or

(iii)revoke a control scheme, or

(b)the terms or conditions of such a scheme,

may appeal to the Scottish Land Court.]

[F19(3)An appeal under sub-paragraph (2) must be lodged not later than 28 days after the date of publication of the notice referred to in paragraph 12(b).

(4)The Scottish Land Court must determine an appeal under sub-paragraph (2) on the merits rather than by way of review and may do so by—

(a)affirming the control scheme,

(b)directing the Scottish Ministers to revoke the scheme,

(c)making such other order as it thinks fit.]

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Amendments (Textual)

F19Sch. 2 para. 13(2)-(4) substituted for Sch. 2 para. 13(2)(3) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(i)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)

SCHEDULE 3S Penalties

EnactmentOffencePenalty
(a) on summary conviction(b) on conviction on indictment
5(5)Taking, killing or injuring deer in close seasona fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
13(1)Failure to comply with control schemea fine of [F20£40,000] or 3 months imprisonment or both
13(2)Obstruction of authorised persona fine of level 3 on the standard scale or 3 months imprisonment or both
17(1)Poachinga fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
17(2)Removal of deer carcase without right or permissiona fine of level 4 on the standard scale for each deer carcase in respect of which the offence is committed or 3 months imprisonment or both
[F2117(3)][F21Killing or injuring deer otherwise than by shooting][F21a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both]
[F2217A(4)][F22Shooting deer when not registered or supervised][F22a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both]
[F2317A(6)(a) or (b)]Failure to submit cull return or making false or misleading cull returna fine of level 3 on the standard scale or 3 months imprisonment or both
[F2417A(6)(aa)Failure to submit cull returna fine of level 3 on the standard scale]
18(1)Taking or killing at nighta fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
19(1)Use of vehicle to drive deera fine of level 4 on the standard scale or 3 months imprisonment or both
20(1)Offences connected with use of vehicles and aircrafta fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
21(3), (5)Offences relating to firearms and ammunitiona fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
22Unlawful killing, taking or injuring of deer or breach of firearms order by more than one persona fine of the statutory maximum in respect of each deer killed, taken or injured or 6 months imprisonment or botha fine or imprisonment for a term not exceeding 2 years or both
23(1)Illegal possession of deer or firearmsa fine of level 4 on the standard scale or 3 months imprisonment or both
24(a)Attempting to commit certain offencesthe same penalty as may be imposed in respect of the offence attempted.
24(b)Acts preparatory to the commission of certain offencesthe same penalty as may be imposed for the offence, subject to a maximum of a fine not exceeding level 4 on the standard scale or 3 months imprisonment or both
31(3)(c)Failure to surrender cancelled firearm or shotgun certificate.a fine of level 2 on the standard scale.
36(1)Unauthorised sale etc. of venisona fine of level 3 on the standard scale
36(4)Sale etc. of unlawfully killed deera fine of level 4 on the standard scale or 3 months imprisonment or both
36(5)Failure to comply with section 34a fine of level 2 on the standard scale
36(6)Obstruction of person carrying out inspection under section 34a fine of level 3 on the standard scale
40(4)Failure to make, or making false, return of number of deer killed.a fine of level 3 on the standard scale or 3 months imprisonment or both.
[F2540A(3)Failure to make return of number of deer planned to be killed.a fine of level 3 on the standard scale.]
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Amendments (Textual)

F20Words in Sch. 3 substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 82, 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

F23 Words in Sch. 3 substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(a) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.

F24 Entry in Sch. 3 inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(b) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.

F25 Entry in Sch. 3 inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(c) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.

Section 48(2).

SCHEDULE 4E+W+S Consequential amendments

The Agriculture (Scotland) Act 1948 (c.45)S

1(1)The Agriculture (Scotland) Act 1948 shall be amended as follows.S

(2)In section 39(3A) (exclusion of certain deer from provisions of that section), for the words “section 35A of the Deer (Scotland) Act 1959” there shall be substituted the words “ section 45 of the Deer (Scotland) Act 1996 ”.

(3)In section 42A (definition of “animals for the purposes of sections 40 to 42”), for the words “section 35A of the Deer (Scotland) Act 1959” there shall be substituted the words “ section 45 of the Deer (Scotland) Act 1996 ”.

The Deer Act 1991 (c.54)E+W

2In section 11(3) of the Deer Act 1991 (details to be recorded where venison bought from a licensed dealer), for the words “Part IIIA of the Deer (Scotland) Act 1959” there shall be substituted the words “ section 33 of the Deer (Scotland) Act 1996 ”.

Section 48(2).

SCHEDULE 5E+W+S Repeals

ChapterShort titleExtent of repeal
1959 c.40.The Deer (Scotland) Act 1959.The whole Act.
1967 c.37.The Deer (Amendment) (Scotland) Act 1967.The whole Act.
1973 c.65.The Local Government (Scotland) Act 1973.In Schedule 27, paragraph 143.
1982 c.19.The Deer (Amendment) (Scotland) Act 1982.The whole Act.
1991 c.54.The Deer Act 1991.Section 17(5).
1996 c.44.The Deer (Amendment) (Scotland) Act 1996.The whole Act.

Section 48(5).

SCHEDULE 6S Transitional, transitory and saving provisions

Transitional provisionS

1Where on the commencement of this Act a code has been published or falls to be treated as having been published under section 33A(11)(a) of the M1Deer (Scotland) Act 1959, that code shall be treated, after that commencement, as if it had been published under section 37(5)(a) of this Act.

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Marginal Citations

Transitory provisionsS

2Until an order in relation to red deer stags and hinds is made under section 5(1) of this Act, the period for the purposes of that subsection for—

(a)such stags shall be the period commencing on the twenty first day of October and ending on the thirtieth day of June; and

(b)such hinds shall be the period commencing on the sixteenth day of February and ending on the twentieth day of October.

3Until a code is published under section 37(5)(b) of this Act, section 19(1) of this Act shall have effect as if for the word “any” in the second place where it occurs, there is substituted the word “ unenclosed ”.

SavingsS

4The amendments made by paragraphs 2 to 4 of Schedule 1 to the M2Deer (Amendment) (Scotland) Act 1996 shall not be affected by the repeal of that Act by this Act.

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Marginal Citations

TABLE OF DERIVATIONSS

Notes:S

1This Table shows the derivation of the provisions of the Bill.

2The following abbreviations are used in the Table:—

Acts of ParliamentS

1959= Deer (Scotland) Act 1959 (c.40)
1967= Deer (Amendment) (Scotland) Act 1967 (c.37)
1982= Deer (Amendment) (Scotland) Act 1982 (c.19)
1996= Deer (Amendment) (Scotland) Act 1996 (c.44)
ProvisionDerivation
1(1)1959 s. 1(1), substituted 1996 s.1(1).
(2)1959 s. 1(1A), inserted 1996 s.1(1).
(3)1959 s. 1(2).
(4)1959 s. 1(3), amended 1996 s. 1(2).
(5)1959 s. 1(3A), inserted 1996 s. 1(3).
(6)1959 s. 1(3B), inserted 1996 s. 1(3).
(7)1959 s. 1(6).
21959 s.3, amended 1982 s.1(1), 1996 s.13(1) and Schedule 1, para.1(3).
31959 s.4, substituted 1996 s. 3
4(1) to (3)1959 s. 2(1) to (1B), inserted 1996 s.2
(4), (5)1959 s.2(1), amended 1982 s.2(1)
(6)1959 s.2(2)
5(1) to (5)1959 s.21(1) to (4), (5) part, amended 1982 s.6, substituted 1996 s.8.
(6), (7)1959 s.33A(5) and (6), inserted 1996 s.10(1).
61959 s.7(9), substituted 1996 s.6.
71959 s.7(1) to (6), substituted 1996 s.6
81959 s.7(7), (8) and (10), substituted 1996 s.6; 1959 s.8, amended 1982 s.1(2), 1996 s.13(1) and Schedule 1, paragraph 1(7); 1959 s.9(1); 1959 s.10, amended 1996 s.13(1) and Schedule 1, paragraph 1(9).
91959 s.11(1), amended 1982 s.1(2), substituted 1996 s.13(1) and Schedule 1, paragraph 1(10)(a); 1959 s.11(2), amended 1996 s.13(1) and Schedule 1, paragraph 1(10)(b); 1959 s.11(3).
101959 s.6(1) to (7),(9) amended 1982 s.3(b), 1996 s.13(1) and Schedule 1, paragraph 1(5)(a); subsection (1) substituted 1982 s.3(a), 1996 s.4(2); subsection (1A) inserted 1996 s.4(2); subsection (9) inserted 1996 s.4(3).
111959 s.6AA, inserted 1996 s.5.
12(1) to (3)1959 s.12, amended 1982 s.1(2), 1996 s.13(1) and Schedule 1, paragraph 1(11), part repealed 1982 s.15(2) and Schedule 3.
(4)1959 s.6(8), amended 1996 s.13(1) and Schedule 1, paragraph 1(5)(b).
131959 s.9(2) part; 1959 s.17 part.
14(1) to (4)1959 s.33(2), repealed and replaced 1967 s.2(2), amended 1996, s.13(1) and Schedule 1, paragraph 1(30)(b).
151959 s.15, amended 1967 s.1, 1982 s.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(13) and Schedule 2.
161959 s.16, amended 1996 s.13(1) and Schedule 1, paragraph 1(14).
17(1),(2)1959 s.22, amended 1982 ss.6(c), (d), 14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(18).
(3), (4)1959 s.23(2), amended 1982 s.6(a), 1996 s.13(1) and Schedule 1, paragraph 1(19)(b).
18(1)1959 s.23(1) 1982 s.6(d), 1996 s.13(1) and Schedule 1, paragraph 1(19)(a).
(2)1959 s33A(2), inserted 1996 s.10(1).
19(1)1959 s.23(3A), inserted 1982 s.9, amended 1996 s.13(1) and Schedule 1, paragraph 1(19)(e).
(2) to (3)1959 s.33A(3), inserted 1996 s.10(1).
201959 s.23(2A) to (2C), inserted 1982 s.8(1), amended 1996 s.13(1) and Schedule 1, paragraph 1(19)(c).
211959 s.23A(1),(2), (3) part, (4) and (5) part, inserted 1982 s.10(1).
221959 s.24 part, amended 1982 s.10(2).
231959 s.25, substituted 1996 s.9.
241959 s.26, amended 1996 s.13(1) and Schedule 1, paragraph 1(25)(a) and (b).
251959 s.33(1), amended 1967 s.2(1), 1982 s.12, 1996 s.13(1) and Schedule 1, paragraph 1(30)(a).
261959 s.33(3), (3A), substituted 1967 s.2(2), 1982 s.13(1), amended 1996 s.13(1) and Schedule 1, paragraph 1(30)(c).
271959 s.27, amended 1982 ss.14(3), 15(1) and Schedule 2, paragraph 2; part repealed 1996 s.13, Schedule 1, paragraph 1(26) and Schedule 2.
281959 s.28
291959 s.31 part
301959 s.25AA, inserted 1996 s.9.
31(1)
(2), (3)1959 s.28A(1),(2)(a), (b) and (c) part, inserted 1982 s.15(1) and Schedule 2, paragraph 1.
(4)1959 s.21(5), amended 1982 s.14(1) and Schedule 1; 1959 s.22(1) part; 1959 s.22(2) part, inserted 1982 s.6; s.23(3), amended 1982 s.14(1) and Schedule 1; 1959 s.24 part, amended 1982 s.14(1) and Schedule 1; 1959 s.25(1) part, substituted 1996 s.9.
(5)1959 s.25D(7), inserted 1982 s.11.
321959 s.30
331959 s.25A, inserted 1982 s.11, amended Local Government etc. (Scotland) Act 1994 (c.39) s.180 and Schedule 13, paragraph 53(1), (2); 1959 s.25F part, inserted 1982 s.11, amended Local Government etc. (Scotland) Act 1994 (c.39) s.180 and Schedule 13 paragraph 53(1), (4), 1996 s.13(1) and Schedule 1, paragraph 1(24).
341959 s.25B, inserted 1982 s.11.
351959 s.25C, inserted 1982 s.11, amended Deer Act 1991 (c.54) s.17(5).
361959 s.25D part, inserted 1982 s.11, amended Local Government etc. (Scotland) Act 1994 (c.39) s.180 and Schedule 13, paragraph 53(1), (3); 1959 s.25F part, inserted 1982 s.11.
371959 s.33A(7) to (11), inserted 1996 s.10(1).
381959 s.14, amended 1982 s.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(12) and Schedule 2.
391959 s.13, substituted 1996 s.7.
401959 s.5(1), (2) part, amended 1982 ss.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(4) and Schedule 2.
41(1)1959 s.19, amended 1982 s.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(16) and Schedule 2.
(2)1959 s.23(5), part repealed 1996 s.13, Schedule 1, paragraph 1(19)(f) and Schedule 2.
421959 s.33B, inserted 1996 s.13(1) and Schedule 1, paragraph 1(31).
431959 s.34A, inserted 1996 s.11.
441959 s.34.
451959 s.35A, inserted 1996 s.12.
461959 s.18(1).
471959, s.35, amended 1982 s.15(1) and Schedule 2, paragraph 3.
Schedule 11959 Schedule 1, part repealed House of Commons Disqualification Act 1975 s.10 and Schedule 3 and Requirements of Writing (Scotland) Act 1995 s.14(2) and Schedule 5, amended 1982 s.5 and 1996 s.13(1) and Schedule 1, paragraph 1(32).
Schedule 21959 Schedule 2, amended Local Government (Scotland) Act 1973 s.214 and Schedule 27, paragraph 143.
Schedule 31959 s.5(2) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(4)(b); 1959 s.9(2) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(8); 1959 s.17 part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(15); 1959 s.21(5) part, amended 1982 s.14(1) and Schedule 1, substituted 1996 s.7; 1959 22(1) part, (2) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(18)(c); 1959 s.23(3) part, amended 1982 ss.8(2), 14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(19)(d); 1959 s.23(3A) part, inserted 1982 s.9, amended 1996 s.13(1) and Schedule 1, paragraph 1(19)(e)(iii); 1959 s.23A(3) part, (5) part, inserted 1982 s.10(1), amended 1996 s.13(1) and Schedule 1, paragraph 1(20); 1959 s.24(a) part, (b) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(21); 1959, s.25(1) part, substituted 1996 s.9; 1959 s.25D part, inserted 1982 s.11, amended 1996 s.13(1) and Schedule 1, paragraph 1(22); 1959 s.26 part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(25)(c); 1959 s.28A(2)(c) part, inserted 1982 s.15(1) and Schedule 2, paragraph 1, amended 1996 s.13(1) and Schedule 1, paragraph 1(27).
Schedule 6
Paragraph 11996 s.14(3).
Paragraph 21996 s.10(2).
Paragraph 31996 s.10(3).

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