Deer (Scotland) Act 1996

1 The Deer Commission for Scotland. S

(1) There shall continue to be a commission known as the Deer Commission for Scotland (in this Act referred to as “the Commission”) which shall—

(a) in accordance with the provisions of this Act, further the conservation, control and sustainable management of deer in Scotland, and keep under review all matters, including their welfare, relating to deer; and

(b) exercise such other functions as are conferred on them by or under this Act or any other enactment.

(2) It shall be the duty of the Commission, in exercising their functions, to take such account as may be appropriate in the circumstances of—

(a) the size and density of the deer population and its impact on the natural heritage;

(b) the needs of agriculture and forestry; and

(c) the interests of owners and occupiers of land.

(3) The Commission shall carry out their functions in accordance with such directions of a general character as may be given by the Secretary of State.

(4) The Commission shall be appointed by the Secretary of State and shall consist of a chairman and such number of other members, being not less than nine nor more than twelve in total, as the Secretary of State considers appropriate to represent the interests of persons or organisations concerned with each of the matters mentioned in paragraph (a) of subsection (5) below; and subsections (5) and (6) below shall apply to the appointment of the members other than the chairman.

(5) Subject to subsection (4) above and subsection (6) below, the Secretary of State may appoint any person who appears to him—

(a) to have knowledge or experience of one or more of the following matters—

(i) deer management;

(ii) agriculture (including crofting);

(iii) forestry and woodland management; and

(iv) the natural heritage,

in so far as that matter may be affected by the Commission’s exercise of their functions; and

(b) generally, to be an appropriate person,

to be a member of the Commission; and, subject to subsection (6)(c) below, of the persons so appointed, at least one third shall be persons having knowledge or experience of deer management.

(6) Before making an appointment under subsection (5) above, the Secretary of State shall—

(a) afford to such organisations as appear to him to represent the interests of persons concerned with the matters mentioned in subsection (5)(a) above an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment;

(b) consider any such suggestions; and

(c) where names have been suggested by organisations representing the interests of deer managers, select the one third of the Commission referred to in subsection (5) above from among those names.

(7) Schedule 1 to this Act (which makes supplementary provision with respect to the Commission) shall have effect.