(1)The relevant authority may, on the application of an owner or occupier of an area of land, grant a licence for the purposes of permitting the killing or taking of any type of bird included in Part 1B of Schedule 2 on the land (a “section 16AA licence”), if it is satisfied that it is appropriate to do so.
(2)In determining whether it is appropriate to grant a section 16AA licence the relevant authority must have regard in particular to the applicant’s compliance with a code of practice made in accordance with section 16AC.
(3)Where the relevant authority refuses to grant a licence to an applicant, the relevant authority must give written notice to the applicant of the reasons for doing so.
(4)An application for a section 16AA licence must—
(a)be made to the relevant authority,
(b)be made in such manner and form as the relevant authority may require,
(c)specify the area of land to which the licence is to relate,
(d)contain or be accompanied by such information as the relevant authority may require, and
(e)be accompanied by payment of such reasonable fee as the relevant authority may require.
(5)The relevant authority must publicise any requirements which are for the time being set under subsection (4)(b) to (e).
(6)A section 16AA licence—
(a)must—
(i)specify the person to whom the licence is granted (“the licence holder”),
(ii)identify the area of land, by reference to a map, to which the licence relates,
(iii)specify any reasonable conditions the relevant authority considers appropriate to attach to the licence, and
(b)may be granted or renewed for a period not exceeding 5 years.
(7)Every section 16AA licence is subject to the condition that the licence holder must have regard to a code of practice made in accordance with section 16AC.
(8)Conditions which may be specified under subsection (6)(a)(iii) include, in particular, conditions drawn from a code of practice made in accordance with section 16AC.
(9)The relevant authority may—
(a)modify a section 16AA licence at any time,
(b)suspend or revoke a section 16AA licence if—
(i)the licence holder—
(A)fails to comply with any conditions attached to the licence, or
(B)ceases to be in a position to ensure compliance with the conditions,
(ii)the relevant authority is satisfied that the licence holder or a person involved in managing the land to which the licence relates—
(A)has committed a relevant offence on the land, or
(B)has knowingly caused or permitted another person to do so.
(10)Where the relevant authority has modified, suspended or revoked a person’s section 16AA licence—
(a)the relevant authority must give written notice to the person of the modification, suspension or revocation and specify in the notice the reason for the modification, suspension or revocation, and
(b)the modification, suspension or revocation may not take effect until the end of—
(i)the period of 14 days beginning with the day on which the notice is given, or
(ii)such other period as the relevant authority considers appropriate and specifies in the notice.
(11)A licence holder whose section 16AA licence is suspended is to be treated as not having a section 16AA licence for the duration of the suspension.
(12)A court which convicts a person of a relevant offence must notify the Scottish Ministers (or Scottish Natural Heritage if the functions under this section have been delegated to that body) of the conviction.
(13)In this section—
“relevant authority” means—
the Scottish Ministers, or
where the Scottish Ministers have delegated (by virtue of section 16A) their functions in relation to section 16AA licences, Scottish Natural Heritage,
“relevant offence” means an offence under—
Part 1 of this Act,
the Protection of Badgers Act 1992,
Part 3 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716),
section 1 of the Wild Mammals (Protection) Act 1996,
section 19 of the Animal Health and Welfare (Scotland) Act 2006,
the Hunting with Dogs (Scotland) Act 2023.
(14)The Scottish Ministers may by regulations modify the definition of “relevant offence” in subsection (13).]
Textual Amendments
F1Ss. 16AA-16AF inserted (1.7.2024 for the insertion of ss. 16AC and 16AD, 22.7.2024 in so far as not already in force) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 10(2), 35(2) (with s. 30); S.S.I. 2024/168, sch. Pts. 1, 2