Deer (Scotland) Act 1959 (repealed 18.11.1996)

33 Exemptions for certain acts. S

(1) A person shall not be guilty of any offence against this Act or any order made thereunder in respect of any act done for the [F1 purpose of preventing suffering by an injured or diseased deer, or by any deer calf [F2 , fawn or kid]deprived of its mother]

[F3 (2)Where a person performs an act under the authority of or at the request of the Commission in pursuance of section 6 of this Act or in pursuance of a control scheme he shall not by reason of that act be liable to be proceeded against for an offence against this Act, except that—

(a) where the person is an officer or servant of the Commission performing an act as aforesaid in pursuance of the said section 6, and the act constitutes an offence against section 23(2) of this Act, or

(b) where the person is any such officer or servant performing an act as aforesaid in pursuance of a control scheme, and the act constitutes an offence against either subsection (1) or (2) of the said section 23, or

(c) in the case of any other person performing an act for either of the purposes mentioned in the two last foregoing paragraphs, if the act constitutes an offence against either of the said subsections,

he shall be so liable.]

[F4 (3) Notwithstanding section 21 of this Act (close season shooting) or any order made thereunder, or anything in any agreement between an 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 or 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 that land or on enclosed woodland, as the case may be, provided 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) Any 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 serious 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 animal 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 of subsection (3), (4) or (4A) above within the period of 12 months immediately 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 species cervus elaphus and “sika deer” means deer of the species cervus nippon;

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

(5) The provisions of the last two foregoing subsections shall be construed as one with the M1 Agriculture (Scotland) Act 1948.

Textual Amendments

F1 Words substituted by Deer (Amendment) (Scotland) Act 1967 (c. 37), s. 2(1)

F2 Words inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 12

F3 S. 33(2)(3) substituted by Deer (Amendment) (Scotland) Act 1967 (c. 37), s. 2(2)

F4 S. 33(3)(3A)(3B)(4)(4A)—(4E) substituted for s. 33(3)(4) by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 13(1)

Marginal Citations

M1 1948 c. 45.