16Control agreements(1)

Section 7 of the 1996 Act (control agreements) is modified as follows.

(2)

For subsections (1) and (2), substitute—(1)

If section 6ZA or 6ZB applies, SNH may form a view, having regard to the nature and character of a particular area of land, as to what measures should be taken (which may include the taking and removal of deer).

(3)

In subsection (3), the words “, having had regard to the code of practice on deer management,” are repealed.

(4)

For subsection (4), substitute—(4)

No later than 3 months after SNH has formed a view under subsection (1) or (3), it must—

(a)

give notice to the relevant owners and occupiers that it has formed that view,

(b)

prepare a draft control agreement that reflects its view as to the measures that should be taken, and

(c)

consult with the relevant owners and occupiers to secure their agreement to the draft control agreement (whether in the terms proposed or on such other terms as may be agreed).

(5)

In subsection (4B)—

(a)

in paragraph (a)(i), for “6A(5)” substitute “6A(4)”,

(b)

in paragraph (b), for

“the conditions referred to in section 6A(1) continue to be met” substitute “section 6ZA or 6ZB still applies”.

(6)

In subsection (5)—

(a)

in the opening words, for the words from “Where” to “such” substitute “A”,

(b)

the closing words are repealed.

(7)

After subsection (5), insert—(5A)

SNH must provide a copy of an agreed control agreement (and any subsequent variation) to each party to the agreement and any relevant owner and occupier consulted under subsection (4).

(8)

After subsection (7), insert—(7A)

As soon as reasonably practicable after completing a review under subsection (7), SNH must publish the outcome of the review.

(8)

If, following a review, SNH consider that the compliance with a control agreement is insufficient, it must—

(a)

proceed with making a control scheme under section 8, or

(b)

advise the Scottish Ministers why it does not consider it appropriate to do so at the present time.