PART 8Deer management

I181Power to require return on number of deer planned to be killed

1

The Deer (Scotland) Act 1996 is amended as follows.

2

In section 16 (service of notices), in subsection (1A), for “and 40(1)” substitute “ , 40(1) and 40A(1) ”.

3

In section 17A (register of persons competent to shoot deer)—

a

in subsection (2)(a)(xiii), for “section 40” substitute “ sections 40 and 40A ”,

b

in subsection (6)—

i

in paragraph (a), after “return” insert “ within the meaning given by subsection (7)(a) or (b)(i) ”,

ii

“or” immediately after paragraph (a) is repealed,

iii

after paragraph (a) insert—

aa

fails without reasonable cause to submit a cull return within the meaning given by subsection (7)(b)(ii) in accordance with regulations made under subsection (1)(d) above, or

iv

in paragraph (b), for “so submitted” substitute “ referred to in paragraph (a) ”,

c

in subsection (7), for paragraph (b) substitute—

b

when required to be submitted by an owner or occupier of land, means—

i

a written statement showing the number of deer of each species and of each sex which to his knowledge has been taken or killed on the land, or

ii

a written statement showing the number of deer of each species and of each sex which are planned to be killed on the land in the following year.

4

After section 40 insert—

40APower of SNH to require return of number of deer planned to be killed

1

SNH may, for the purposes of any of its deer functions, by notice served on the owner or occupier of any land require the owner or occupier to make a return, in such form as SNH may require, showing how many deer of each species and of each sex are planned to be killed on the land in the following year.

2

A notice served under subsection (1) must specify a period, of not more than 1 year immediately following the date of service of the notice, for which the return must be completed.

3

Any person on whom a notice under subsection (1) has been served who fails without reasonable cause to make the required return within 36 days after the service of the notice commits an offence.

5

In schedule 3 (penalties)—

a

in the entry relating to section 17A(6), in column 1, for “17A(6)” substitute “ 17A(6)(a) or (b) ”,

b

after that entry, insert—

17A(6)(aa)

Failure to submit cull return

a fine of level 3 on the standard scale

c

after the entry relating to section 40(4), insert—

“40A(3)

Failure to make return of number of deer planned to be killed.

a fine of level 3 on the standard scale.