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Deer (Scotland) Act 1996

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Introductory Text

Part I The Deer Commission for Scotland

1. The Deer Commission for Scotland.
2. Advice and annual reports to Secretary of State.
3. Power of the Commission to facilitate exercise of functions.
4. Appointment of panels.

Part II Conservation, control and sustainable management of deer

Close seasons
5. Close seasons.

Control agreements and control schemes

6. Control areas.
7. Control agreements.
8. Control schemes.
9. Recovery of expenses incurred in fulfilment of control scheme.

Emergency measures

10. Emergency measures to prevent damage by deer.
11. Application of section 10 in relation to the natural heritage.

Control agreements, control schemes and emergency measures: supplementary provisions

12. Power of Commission to provide services and equipment and to make certain payments.
13. Offences in relation to Part II.
14. Limitation of criminal liability.
15. Power to enter on land.
16. Service of notices.

Part III Offences in relation to deer

17. Unlawful killing, taking and injuring of deer.
18. Taking or killing at night.
19. Use of vehicles to drive deer.
20. Other offences connected with moving vehicles.
21. Firearms and ammunition.
22. Offences committed by more than one person.
23. Illegal possession of deer.
24. Attempts to commit offences.

Exemption for certain acts

25. Action intended to prevent suffering.
26. Right of occupier in respect of deer causing serious damage to crops etc. on certain ground.

Part IV Enforcement, licensing of venison dealing and miscellaneous provisions

Enforcement

27. Powers of search and seizure.
28. Power of arrest.
29. Offences by bodies corporate.
30. Power of court on trial for one offence to convict of another.
31. Powers of court on conviction for offences.
32. Disposal of deer liable to forfeiture.

Licensing of dealing in venison

33. Licences to deal in venison.
34. Records kept by venison dealers.
35. Reciprocal arrangements.
36. Offences in connection with venison dealing.

Further powers of the Commission

37. Restrictions on granting of certain authorisations.
38. Limitation on requirement to obtain game licence.
39. Deer killed under the authority of the Commission.
40. Power of Commission to require return of number of deer killed.

Miscellaneous and general provisions

41. Savings for certain rights.
42. Information to be supplied to owner of certain land.
43. Application of Act to farmed deer.
44. Application of Act to the Crown.
45. Interpretation.
46. Financial provisions
47. Orders, regulations etc.
48. Short title, consequential amendments, repeals, extent and commencement.

SCHEDULES

SCHEDULE 1
Deer Commission for Scotland: supplementary provisions

1.The Commission shall be a body corporate and shall have...
2.(1) Every member of the Commission shall hold and vacate...
3.If the Secretary of State is satisfied that the chairman...
4.Where a person ceases to be a member of the...
5.The Secretary of State may make such provision, if any,...
6.The Secretary of State— (a) shall pay to—
7.The Commission may pay to the members of any panel...

Meetings and proceedings of the Commission

8.The quorum of the Commission shall be five or such...
9.The proceedings of the Commission shall not be invalidated by—...
10.If at any meeting of the Commission the votes are...
11.Subject to paragraphs 8 to 10 above, the Commission shall...

Office and staff of the Commission

12.The Commission shall have an office at which communications and...
13.The Secretary of State may provide the services of such...

SCHEDULE 2
Provisions as to control schemes

Part I Procedure for making control schemes

1.Where the Commission decide to make a control scheme they...
2.If no objection is duly made under paragraph 1 above...
3.If any objection duly made under paragraph 1 above is...
4.A control scheme shall not be confirmed with any modification...

Part II Procedure for varying or revoking control schemes

5.On the application of the Commission, the Secretary of State...
6.Before making any such variation or revocation the Secretary of...
7.If no objection is duly made under paragraph 6 above...
8.If any objection duly made under paragraph 6 above is...
9.A variation of a control scheme shall not be made...

Part III General procedural provisions

10.Notwithstanding anything in paragraphs 3 or 8 above, the Secretary...
11.The provisions of subsection (2) to (8) of section 210...

Part IV Provisions as to the validity of control schemes and of variations and revocations of such schemes

12.On confirming a control scheme or on varying or revoking...
13.(1) Subject to sub-paragraphs (2) and (3) below, a control...

SCHEDULE 3
Penalties

SCHEDULE 4
Consequential amendments

The Agriculture (Scotland) Act 1948 (c.45)
1.(1) The Agriculture (Scotland) Act 1948 shall be amended as...

The Deer Act 1991 (c.54)
2.In section 11(3) of the Deer Act 1991 (details to...

SCHEDULE 5
Repeals

SCHEDULE 6
Transitional, transitory and saving provisions

Transitional provision
1.Where on the commencement of this Act a code has...

Transitory provisions

2.Until an order in relation to red deer stags and...
3.Until a code is published under section 37(5)(b) of this...

Savings
4.The amendments made by paragraphs 2 to 4 of Schedule...

TABLE OF DERIVATIONS

1.Notes:
2.The following abbreviations are used in the Table:—

Acts of Parliament