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Hunting with Dogs (Scotland) Act 2023
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2Offences of knowingly causing or permitting another person to hunt using a dogS
This section has no associated Explanatory Notes
(1)A person commits an offence if—
(a)the person—
(i)is an owner or occupier of land, and
(ii)knowingly causes or permits another person to hunt a wild mammal using a dog on that land, and
(b)none of the exceptions in sections 3, 5, 6, 7, 8 or 9 apply to the hunting.
(2)A person commits an offence if—
(a)the person—
(i)owns or is responsible for a dog, and
(ii)knowingly causes or permits another person to hunt a wild mammal using that dog, and
(b)none of the exceptions in sections 3, 5, 6, 7, 8 or 9 apply to the hunting.
(3)A person who commits an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).
(4)It is a defence for a person charged with an offence under subsection (1) or (2) to show that the person reasonably believed that any of the exceptions in sections 3, 5, 6, 7, 8 or 9 applied to the hunting.
(5)In this Part, an “owner” of land includes a person who—
(a)manages or controls that land, or
(b)is authorised to give permission for that land to be used for hunting.
(6)In this Act, a person “is responsible for” a dog where the person—
(a)is responsible for the dog on a temporary or permanent basis,
(b)is in charge of the dog, or
(c)has actual care and control of a person under the age of 16 years who is responsible for the dog under paragraph (a) or (b).
Commencement Information
I1S. 2 not in force at Royal Assent, see s. 31(2)
I2S. 2 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
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