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Hunting with Dogs (Scotland) Act 2023
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Point in time view as at 03/10/2023.
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There are currently no known outstanding effects for the Hunting with Dogs (Scotland) Act 2023, Section 7.
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7Exception: relieving the suffering of injured wild mammalsS
This section has no associated Explanatory Notes
(1)This section applies if—
(a)a person is using a dog above ground to search for, stalk or flush from cover a wild mammal which the person has reasonable grounds for believing is injured, with the intention of treating, capturing or killing it for the purpose of relieving its suffering,
(b)the wild mammal was not deliberately injured for the purpose of allowing the activity mentioned in paragraph (a) to take place, and
(c)the conditions set out in subsection (2) are met.
(2)The conditions referred to in subsection (1)(c) are that—
(a)the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs,
(b)any dog used in the activity is under control,
(c)reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,
(d)either—
(i)permission for the activity has been given by the owner of the land on which the activity takes place,
(ii)the person carrying out the activity is a constable exercising a power of entry,
(iii)the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or
(iv)the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996,
(e)the wild mammal which is being searched for, stalked or flushed is, as soon as reasonably possible, either—
(i)given treatment to reduce or alleviate its pain or discomfort before being allowed to escape without being pursued or killed,
(ii)captured for the purpose of being given treatment to reduce or alleviate its pain or discomfort (whether at that place or at another place),
(iii)shot dead, or
(iv)observed and allowed to escape without being pursued or killed,
(f)if an attempt to kill the wild mammal, as mentioned in paragraph (e)(iii), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.
Commencement Information
I1S. 7 not in force at Royal Assent, see s. 31(2)
I2S. 7 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
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