Hunting with Dogs (Scotland) Act 2023

2Offences of knowingly causing or permitting another person to hunt using a dogS

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(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