Deer (Amendment) (Scotland) Act 1996

6 Control agreements and control schemes

For section 7 of the principal Act (control schemes), there shall be substituted the following section—

“7 Control agreements and control schemes

(1) Subject to the following provisions of this section, where the Commission are satisfied that, on any land, deer—

(a) have caused, are causing, or are likely to cause—

(i) damage to woodland, to agricultural production, including any crops or foodstuffs, or, whether directly or indirectly, to the natural heritage generally; or

(ii) injury to livestock whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise;

or

(b) have become a danger or a potential danger to public safety,

and that for the prevention of further such damage, injury or, as the case may be, danger or potential danger, the deer in that locality should be reduced in number they shall form a preliminary view, having due regard to the nature and character of the land in question, as to what measures should be taken for that reduction in number; and, for the purposes of this section, “measures” includes the taking and removal of deer.

(2) For the purposes of subsection (1) above “the natural heritage” includes any alteration or enhancement of the natural heritage which is taking place, or is proposed to take place, either naturally or as a result of a change of use determined by the owner or occupier of the land in question; and “damage” shall be construed accordingly.

(3) Where it appears to the Commission that the circumstances obtaining in a particular area require the complete exclusion of all deer, or of all deer of any species, from that area, they may form the view that any deer within that area should be taken, removed or killed.

(4) Thereafter it shall be the duty of the Commission to consult with such owners or occupiers of land as the Commission consider to be substantially interested, to secure agreement—

(a) that measures require to be taken;

(b) as to what measures require to be taken, and within what time limit;

(c) as to who is to carry out such measures; and

(d) as to any other matters which appear to the Commission to be necessary for the purposes of such an agreement.

(5) Where agreement is reached on the matters mentioned in subsection (4) above the Commission shall draw up an agreement (a “control agreement”) specifying the parties to it, and any such control agreement may—

(a) describe the control area by reference to a map and specify the approximate extent of that area;

(b) specify the measures which are to be taken in relation to the deer in that area or any part thereof;

(c) specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part thereof, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part thereof;

(d) specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the agreement; and

(e) set out the time limits within which the owners or occupiers are to take any such measures,

and the Commission shall send a copy of the control agreement to all the persons who were involved in the consultation referred to in subsection (4) above.

(6) The Commission and any of the parties to a control agreement may agree at any time to vary its terms.

(7) Where the Commission are satisfied—

(a) that—

(i) it is not possible to secure a control agreement; or

(ii) a control agreement is not being carried out; and

(b) that—

(i) deer have caused and are causing serious damage to woodland or to agricultural production, including crops and foodstuffs, or serious damage, whether directly or indirectly, to the natural heritage, or serious injury to livestock however caused, or have become and remain a danger to public safety; and

(ii) action is necessary to prevent such serious damage, serious injury, or danger,

they shall make a scheme (a “control scheme”) for the carrying out of such measures as they consider necessary for the purposes of subsection (1) or (3) above; and any such scheme before it comes into operation shall require confirmation by the Secretary of State.

(8) Subsection (7) above does not apply in relation to any control agreement proposed or entered into for the purpose of altering or enhancing the natural heritage.

(9) In this Act the area to which a control agreement or a control scheme relates is, in relation to that agreement or, as the case may be, scheme, referred to as the “control area”.

(10) The Second Schedule to this Act has effect in relation to control schemes.”.