- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2013)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/04/2013.
There are currently no known outstanding effects for the Deer Act 1991, Section 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Subject to subsection (3) below, a person to whom this section applies shall not be guilty of an offence under section 2 above by reason of—
(a)the taking or killing of any deer by means of shooting, or
(b)the injuring of any deer by means of shooting in an attempt to take or kill it,
on any cultivated land, pasture or enclosed woodland.
(2)Subject to subsection (3) below, a person to whom this section applies shall not be guilty of an offence under section 4(2)(a) above by reason of the use, for the purpose of taking or killing any deer on any land, of any smooth-bore gun of not less gauge than 12 bore which is loaded with—
(a)a cartridge containing a single non-spherical projectile weighing not less than 22.68 grammes (350 grains); or
(b)a cartridge purporting to contain shot each of which is .203 inches (5.16 millimetres) in diameter (that is to say, size AAA).
(3)A person to whom this section applies shall not be entitled to rely on the defence provided by subsection (1) or subsection (2) above as respects anything done in relation to any deer on any land unless he shows that—
(a)he had reasonable grounds for believing that deer of the same species were causing, or had caused, damage to crops, vegetables, fruit, growing timber or any other form of property on the land;
(b)it was likely that further damage would be so caused and any such damage was likely to be serious; and
(c)his action was necessary for the purpose of preventing any such damage.
(4)The persons to whom this section applies are—
(a)the occupier of the land on which the action is taken;
(b)any member of the occupier’s household normally resident on the occupier’s land, acting with the written authority of the occupier;
(c)any person in the ordinary service of the occupier on the occupier’s land, acting with the written authority of the occupier; and
(d)any person having the right to take or kill deer on the land on which the action is taken or any person acting with the written authority of a person having that right.
(5)The Secretary of State and the agriculture Minister acting jointly may by order, either generally or in relation to any area or any species and description of deer specified in the order,—
(a)repeal subsection (2) above or amend it by adding any firearm or ammunition or by altering the description of, or deleting, any firearm or ammunition for the time being mentioned in it;
(b)amend subsection (3) above by adding any further conditions which must be satisfied or by varying or deleting any conditions so added.
(6)Before making any order under subsection (5) above the Secretary of State and the agriculture Minister shall consult organisations that appear to them to represent persons likely to be interested in or affected by the order.
(7)In this section “agriculture Minister” means—
(a)in relation to England, the [F1Secretary of State]; and
(b)in relation to Wales, the Secretary of State.
Textual Amendments
F1Words in s. 7(7)(a) substituted (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 1(2), Sch. 1 para. 34 (with arts. 5(3), 6)
Modifications etc. (not altering text)
C1S. 7: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys