Deer (Scotland) Act 1996

Part I S [F1 Scottish Natural Heritage's deer functions]

Textual Amendments

F1 Pt. I substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 7; S.S.I. 2010/221, art. 3(2), Sch.

1 X1 The Deer Commission for Scotland. S

(1) [F2 Scottish Natural Heritage (in this Act referred to as “SNH”) has the following general aims and purposes in relation to deer]—

(a) in accordance with the provisions of this Act [F3 to], further the [F4 conservation of deer native to Scotland, the] control and sustainable management of deer in Scotland, and keep under review all matters, including their welfare, relating to deer; and

(b) [F5 to] exercise such other functions as are conferred on [F6 it] by or under this Act or any other enactment.

[F7 (1A) In this Act references to SNH 's deer functions are to the functions relating to deer conferred on it by or under this Act or any other enactment. ]

(2) It shall be the duty of [F8 SNH], in exercising [F9 its deer] functions, to take such account as may be appropriate in the circumstances of—

(a) the size and density of the deer population and its impact on the natural heritage;

(b) the needs of agriculture and forestry; F10 ...

(c) the interests of owners and occupiers of land.

[F11 (d) the interests of public safety; and

(e) the need to manage the deer population in urban and peri-urban areas.]

F12 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 S. 1: sidenote no longer accurate following the amendments made to this Act by Public Services Reform (Scotland) Act 2010 (asp 8), s. 1, Sch. 1 paras. 5-27

Textual Amendments

F2 Words in s. 1(1) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 8(2)(a); S.S.I. 2010/221, art. 3(2), Sch.

F3 Word in s. 1(1)(a) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 8(2)(b); S.S.I. 2010/221, art. 3(2), Sch.

F4 Words in s. 1(1)(a) substituted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 26(2)(a), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)

F5 Word in s. 1(1)(b) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 8(2)(c); S.S.I. 2010/221, art. 3(2), Sch.

F6 Word in s. 1(1)(b) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 8(2)(c); S.S.I. 2010/221, art. 3(2), Sch.

F7 S. 1(1A) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 8(3); S.S.I. 2010/221, art. 3(2), Sch.

F8 Word in Act substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 6; S.S.I. 2010/221, art. 3(2), Sch.

F9 Words in s. 1(2) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 8(4); S.S.I. 2010/221, art. 3(2), Sch.

F10 Word in s. 1(2)(b) repealed (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 26(2)(b)(i), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)

F11 S. 1(2)(d)(e) inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 26(2)(b)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)

F12 S. 1(3)-(7) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 8(5); S.S.I. 2010/221, art. 3(2), Sch.

2 Advice and annual reports to Secretary of State. S

(1) [F8 SNH] shall—

(a) advise the Secretary of State on any such matter relating to the purposes of this Act as he may refer to[F13 it]; and

(b) bring to his attention any matter relating to deer of which in the opinion of [F8 SNH] he ought to be apprised.

F14 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Word in Act substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 6; S.S.I. 2010/221, art. 3(2), Sch.

F13 Word in s. 2(1)(a) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 9(a); S.S.I. 2010/221, art. 3(2), Sch.

F14 S. 2(2)(3) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 9(b); S.S.I. 2010/221, art. 3(2), Sch.; S.S.I. 2010/221, art. 3(2), Sch.

3 Power of [F8 SNH] to facilitate exercise of functions. S

(1) [F8 SNH] shall have power—

(a) to issue guidance or advice, whether general or particular, to any person or organisation; F15 ...

(b) to conduct, or to collaborate with any person or organisation which is conducting—

(i) any research, inquiry or investigation into questions of practical or scientific importance; or

(ii) any experiment, trial or demonstration[F16 ; and]

[F16 (c) to assist any person or organisation in reaching agreements with third parties,]

relating to the conservation, control or sustainable management of deer or to any other aspect of [F8 SNH's] [F17 deer] functions

(2) For the avoidance of doubt, it is provided that [F8 SNH] may exercise the powers conferred by subsection (1) above in relation to the general welfare of deer, in so far as that matter is not otherwise included in [F18 its] functions under this Act.

[F19 (3) A public body or office-holder issued guidance or advice under subsection (1)(a) must have regard to such guidance or advice in exercising any functions to which the guidance relates.]

Textual Amendments

F8 Word in Act substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 6; S.S.I. 2010/221, art. 3(2), Sch.

F15 Word in s. 3(1) repealed (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 26(3)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)

F16 S. 3(1)(c) and word inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 26(3)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)

F17 Word in s. 3(1) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 10(a); S.S.I. 2010/221, art. 3(2), Sch.

F18 Word in s. 3(2) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 10(b); S.S.I. 2010/221, art. 3(2), Sch.

F19 S. 3(3) inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 26(3)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)

4 Appointment of panels. S

(1) Subject to the approval of the Secretary of State, [F8 SNH] may appoint for any locality a panel for the purposes of this section consisting of such number of persons F20 ... as [F21 it considers ] appropriate, one of whom shall act as chairman.

(2) Before making an appointment under subsection (1) above, [F8 SNH] may afford to such persons or organisations as [F22 it thinks] fit an opportunity to suggest the name of any person who would in [F23 its] view be an appropriate person for such an appointment.

(3) Where [F8 SNH] [F24 has] sought suggestions as mentioned in subsection (2) above, [F25 it] shall consider any such suggestions before making an appointment under subsection (1) above.

(4) [F8 SNH] may appoint a member of [F8 SNH] or a member of [F8 SNH's ] staff to act as observer to the panel for the purposes of—

(a) sitting with the panel at any meeting;

(b) taking part in their discussions; and

(c) informing [F8 SNH] of information arising during and decisions taken at such meetings.

(5) An observer appointed under subsection (4) above shall not be a member of the panel.

(6) [F8 SNH] may refer to any such panel any matter relating to the [F26 deer] functions of [F8 SNH], and it shall be the duty of the panel to advise [F8 SNH] on the matter.

[F27 (7) The Scottish Ministers may by regulations make provision conferring further functions on panels.

(8) Functions conferred under subsection (7) may include—

(a) encouraging and facilitating the engagement of the local community in deer management in the locality of a panel,

(b) looking into issues relating to deer management in the locality of a panel and communicating those issues to the local community,

(c) communicating the views of the local community to those engaged in deer management in the locality of a panel.

(9) Regulations under subsection (7) may modify any enactment (including this Act).]

Textual Amendments

F8 Word in Act substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 6; S.S.I. 2010/221, art. 3(2), Sch.

F20 Words in s. 4(1) repealed (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 26(4), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)

F21 Words in s. 4(1) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 11(a); S.S.I. 2010/221, art. 3(2), Sch.

F22 Words in s. 4(2) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 11(b)(i); S.S.I. 2010/221, art. 3(2), Sch.

F23 Word in s. 4(2) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 11(b)(ii); S.S.I. 2010/221, art. 3(2), Sch.

F24 Word in s. 4(3) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 11(c)(i); S.S.I. 2010/221, art. 3(2), Sch.

F25 Word in s. 4(3) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 11(c)(ii); S.S.I. 2010/221, art. 3(2), Sch.

F26 Word in s. 4(6) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 11(d); S.S.I. 2010/221, art. 3(2), Sch.

F27 S. 4(7)-(9) inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 78, 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.