Part I

Wildlife

Protection of other animals and prevention of poaching

Protection of wild hares etc.
10A
1
Subject to the provisions of this Part, any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 5A in the close season for the animal is guilty of an offence.
2
In this section, “
close season
” means—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in the case of a brown hare, the period in any year beginning with 1st February and ending with 30th September.
3
The Scottish Ministers may by order vary the close season for any wild animal included in Schedule 5A which is specified in the order.
4
If it appears to the Scottish Ministers expedient that any wild animals included in Schedule 5A should be protected during any period outside the close season for those animals, they may by order declare any period not exceeding 14 days as a period of special protection for those animals.
5
Before making an order under subsection (4), the Scottish Ministers must consult such persons appearing to them to be representative of persons interested in the killing or taking of animals of the kind proposed to be protected by the order as they consider appropriate.
6
Where an order is made under subsection (4), this section has effect as if any period of special protection declared by the order forms part of the close season for those animals.
7
An order under subsection (3) or (4) may be made as respects the whole of Scotland or any part of Scotland specified in the order.
8
In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal unless the contrary is shown.
Words in Pt. I cross-heading added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 7(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(e)
Ss. 10A, 10B inserted (S.) (29.6.2011 for specified purposes, 1.1.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 6(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(d); S.S.I. 2011/433, art. 2(1)(b)
S. 10A(2)(a) repealed (1.3.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 18(2), 22(2); S.S.I. 2021/42, reg. 2