Deer (Amendment) (Scotland) Act 1982 (repealed 18.11.1996)

General E+W+S

12 Clarification of “calf" in s. 33 of 1959 Act. S

In section 33(1) of the said Act of 1959 after the word “calf" there shall be inserted the words “ , fawn or kid" ”.

Modifications etc. (not altering text)

C1 The text of ss. 1–13, 14(2)(3), 15, Sch. 2 paras. 1–4 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991

13 Exemptions for certain acts. S

(1) For section 33(3) and (4) of the said Act of 1959 there shall be substituted the following subsections—

“(3) Notwithstanding section 21 of this Act (close season shooting) or any order made thereunder, or anything in any agreement between on occupier of agricultural land or of enclosed woodlands and the owner thereof, it shall be lawful for—

(a) the owner in person, provided that he is duly authorised in writing by the occupier for that purpose ;

(b) the owner’s servants in his ordinary service, provided that they are duly authorised in writing by the occupier for that purpose ;

(c) the occupier in person;

(d) the servants of the occupier in his ordinary service on the land ot other persons normally resident on the land provided that they are duly authorised in writing by the occupier for that purpose ; or

(e) any other person approved in writing by the Commission as a fit and competent person for the purpose who has been duly authorised in writing by the occupier for that purpose

to take or kill, and to sell or otherwise dispose of the carcases of, any deer found on any arable land, garden grounds or land laid down in permanent grass (other than moorland and unenclosed land) and forming part of the land that the occupier has reasonable grounds for believing that serious damage will be caused to crops, pasture, trees or human or animal foodstuffs on that land if the deer are not killed.

(3A) A ny authority given under subsection (3) above shall expire—

(a) at the end of such period as the occupier may specify in it ;

(b) when a person to whom paragraph (b) or (d) of that subsection applies ceases to be normally resident or in the owner’s or, as the case may be, occupier’s ordinary service ;

(c) where paragraph (e) of that subsection applies, at the end of the period specified in the Commission’s approval ; or

(d) if the occupier revokes the authority.

(3B) Notwithstanding section 21 of this Act (close season shooting) or any order made thereunder it shall be lawful for any person authorised in writing for the purpose by the Secretary of State to take or kill deer during the close season for any scientific purpose.

(4) Notwithstanding section 23(1) of this Act (night shooting) or anything contained in any agreement between an occupier of agricultural land or of enclosed woodlands and the owner thereof, it shall be lawful for the occupier in person to carry out night shooting of red deer or sika deer on such land or woodlands, provided that the occupier has reasonable grounds for believing that seriuos damage will be caused to crops, pasture, trees or human or animal foodstuffs on that land if the deer are not killed.

(4A) Notwithstanding anything contained in section 23(1) of this Act the Commission may authorise in writing (subject to such conditions as they may specify) any person nominated by the occupier of agricultural land or enclosed woodlands to shoot deer of any species on that land or woodlands during the period specified in the said section 23(1), provided that the Commission are satisfied—

(a) that the shooting is necessary to prevent serious damage to crops, pasture, trees or human or animals foodstuffs ; and

(b) that no other method of control which might reasonably be adopted in the circumstances would be adequate ; and

(c) that the person concerned is a fit and competent person to receive such authorisation.

(4B) Such authorisation as is mentioned in subsection (4A) above shall be valid for such period as the Commission may specify therein.

(4C) The owner of the agricultural land or enclosed woodlands may at any time request the occupier to inform him of the numbers of red deer or sika deer shot by virtue subsection (3), (4) or (4A) above within the period of 12 months immediatley preceding the request and the occupier shall comply with any such request as soon as may be.

(4D) The Commission shall prepare and publish (with power to prepare and publish a revised version from time to time) a code of practice for night shooting to which they shall have regard when exercising their powers under subsection (4A) above and it shall be a condition of any authorisation under the said subsection that the person concerned complies with the relevant provisions of the code.

(4E) In this section—

“red deer” means deer of the speciescervus elaphus and “sika deer” means deer of the speciescervus nippon;

and any reference to “red deer” or “sika deer” includes any deer which is a hybrid of those species.”

(2) Section 43(1) of the M1 Agriculture (Scotland) Act 1948 is repealed.

Modifications etc. (not altering text)

C2 The text of ss. 1–13, 14(2)(3), 15, Sch. 2 paras. 1–4 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991

Marginal Citations

M1 1948 c. 45.

14 Penalties and enforcement. S

(1) The provisions of the said Act of 1959 specified in column 1 of Schedule 1 to this Act, which relate to the penalties or maximum penalties for the offences mentioned in those provisions, shall be amended in accordance with the amendments specified in column 2 of that Schedule; and in that Schedule column 3 shows the penalties or, as the case may be, maximum penalties in force immediately before the commencement of this section and column 4 shows the penalties or, as the case may be, maximum penalties resulting from the amendments.

(2) Section 23(4) of the said Act of 1959 is repealed.

(3) In section 27 of the said Act of 1959, in subsections (2) and (4) for the words “section twenty-four" there shall be susbtituted the words “ Part III or section 25D(1) or (3)" ”

Modifications etc. (not altering text)

C3 The “said Act of 1959" means Deer (Scotland) Act 1959 (c. 40)

C4 The text of ss. 1–13, 14(2)(3), 15, Sch. 2 paras. 1–4 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991

15 Minor amendments and repeals. E+W+S

(1) The minor and consequential amendments contained in Schedule 2 to this Act shall have effect.

(2) The provisions mentioned in column 1 of Schedule 3 to this Act are repealed to the extent provided for in column 3 of that Schedule.

Modifications etc. (not altering text)

C5 The text of ss. 1–13, 14(2)(3), 15, Sch. 2 paras. 1–4 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991

16 Citation, commencement and extent. S

(1) This Act may be cited as the Deer (Amendment) (Scotland) Act 1982.

(2) With the exception of section 15(1) of this Act insofar as it refers to paragraph 4 of Schedule 2 to this Act and that paragraph, which extend to England and Wales only, this Act extends only to Scotland.

(3) This Act except the provisions mentioned in subsection (4) below shall come into force one month after it is passed.

(4) Section 11 of this Act and the repeal in Schedule 3 to this Act of the M2 Sale of Venison (Scotland) Act 1968 shall come into force at such date as the Secretary of State may by order prescribe, and different orders may be made in respect of different provisions.

Modifications etc. (not altering text)

C6 Power of appointment conferred by s. 16(4) fully exercised: whole Act in force 1.1.1985 by Commencement Order made 27.6.1984 (not a Statutory Instrument)

Marginal Citations

M2 1968 c. 3.