Prospective

Part 3SDeer management

Preventing or stopping damage by deerS

22Action to prevent or stop harm to personsS

(1)The 1996 Act is modified as follows.

(2)After section 25, insert—

25AAction to prevent or stop danger to human safety

A person is not guilty of an offence under this Act (or any order made under it) in respect of an act done for the purpose of preventing or stopping a deer from causing harm to a person (including the person taking action) if—

(a)the harm is likely and imminent or is occurring,

(b)the person reasonably believes that the action taken is necessary to prevent or stop the harm,

(c)the action taken is appropriate in the circumstances, and

(d)within the period of 5 working days beginning with the day on which the action was taken, the person reports the action taken and, if appropriate, the location of any deer carcase to the Police Service of Scotland..

(3)In section 5(5) (close seasons), after “25”, insert “and 25A”.

(4)In section 17 (unlawful killing, taking and injuring of deer)—

(a)in subsection (1), for “section 25” substitute “sections 25 and 25A”,

(b)in subsection (2), for “section 25” substitute “sections 25 and 25A”,

(c)in subsection (3), for “section 25” substitute “sections 25 and 25A”.

(5)In section 17A(5) (register of persons competent to shoot deer), for “purpose mentioned in section 25” substitute “purposes mentioned in sections 25 and 25A”.

(6)In section 18(1) (taking or killing at night), after “25” insert “and 25A”.

Commencement Information

I1S. 22 not in force at Royal Assent, see s. 59(2)