Prospective

Part 3 S Deer management

Deer management plans, control agreements and control schemes S

19 Recovery of costs and expenses S

For section 9 of the 1996 Act (recovery of expenses incurred in fulfilment of control scheme), substitute—

“9 Recovery of SNH costs and expenses

(1) SNH may recover any expenses incurred by it in connection with the registration of—

(a) a control scheme,

(b) a variation of a control scheme,

(c) a revocation of a control scheme,

from all or any of the owners and occupiers concerned.

(2) Before taking steps to recover expenses from an owner or occupier under subsection (1), SNH must provide the owner or occupier with a statement detailing the registration fees and any other relevant expenses incurred in connection with registration.

(3) If expenses incurred by SNH in the performance of its duty under section 8(8) exceed the amount of the proceeds of the sale of any deer killed or taken in pursuance of that performance, it must recover the excess amount from the owner or occupier concerned.

(4) If expenses incurred by SNH in the performance of its duty under section 10(4) exceed the amount of the proceeds of the sale of any deer killed or taken in pursuance of that performance, it may recover the excess amount from the owner or occupier concerned.

(5) Before taking steps to recover expenses from an owner or occupier under subsection (3) or (4), SNH must provide the owner or occupier concerned with a statement detailing—

(a) the expenses incurred by it in the performance of its duty,

(b) the amount received in respect of the sale of deer, and

(c) the amount recoverable from the owner or occupier.

(6) An owner or occupier who is aggrieved by a statement provided under subsection (2) or (5) may, within the period of 28 days beginning with the day on which the statement was provided, appeal to the Scottish Land Court.

(7) The Scottish Land Court may, if it appears to it to be equitable to do so, vary the amount recoverable from the appellant.

(8) SNH may, with the approval of the Scottish Ministers, waive its right to any expenses relating to the performance of its duty under section 8(8) which would otherwise be recoverable under subsection (3).

(9) In this section, “registration” means, in relation to a control scheme or the variation or revocation of such a scheme, registration in the Land Register or, as the case may be, recording in the General Register of Sasines.”.

Commencement Information

I1 S. 19 not in force at Royal Assent, see s. 59(2)