Part 3Deer management

Authorisations for particular activities

32Offence of shooting deer with a shotgun

(1)

The 1996 Act is modified as follows.

(2)

After section 17, insert—

“17ZAUse of shotguns

(1)

Subject to sections 25 and 25A of this Act and to subsections (2) and (3), a person who shoots a deer with a shotgun commits an offence.

(2)

Subject to section 37 of this Act, SNH may authorise an owner or occupier of any land or any person nominated in writing by the owner or occupier to shoot any deer found on that land with a shotgun.

(3)

SNH may not grant an authorisation under subsection (2) unless it is satisfied that—

(a)

a ground set out in section 6ZA(2) (grounds for intervention: damage by deer) or 6ZB(2) (grounds for intervention: nature restoration) is met, and

(b)

there are no other adequate means of control which might reasonably be adopted in the circumstances.

(4)

Subsections (2) and (3) apply notwithstanding anything contained in any agreement between an occupier of the land and the owner.

(5)

Except to the extent provided in this section, nothing in this section otherwise limits the power to make orders under section 21.”.

(3)

In section 31(4) (powers of court on conviction for offences), after “(3),” insert “17ZA(1),”.

(4)

In section 37(1) (restrictions on granting of certain authorisations), after “(7),” insert “17ZA(1),”.

(5)

In section 45 (interpretation)—

(a)

in subsection (1), after the definition of “shoot”, insert—

““shotgun” means a firearm of such description as may be specified as constituting a shotgun for the purposes of this Act in regulations made by the Scottish Ministers,”,

(b)

after subsection (2), insert—

“(3)

Before making regulations under subsection (1) in relation to the meaning of “shotgun”, the Scottish Ministers must consult such persons as they consider may have an interest in, or otherwise be affected by, the regulations.”.

(6)

In schedule 3 (penalties), after the entry relating to 17(3), insert—

“17ZA(1)

Shooting deer with a shotgun

a fine of level 4 on the standard scale for each deer in respect of which the offence is committed”.