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“or” immediately after paragraph (a) is repealed,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