Deer (Amendment) (Scotland) Act 1996 (repealed 19.11.1996)

12 Interpretation of the principal Act. S

After section 35 of the principal Act, there shall be inserted the following section—

“35A Interpretation.

(1) In this Act, unless the context otherwise requires—

• “agricultural land” has the meaning given by the M1 Agricultural Holdings (Scotland) Act 1991;

• “ammunition” and “firearm” have the meanings respectively given in the M2 Firearms Act 1968;

• “animal foodstuffs”, for the purposes of sections 33(3) and 33A(2) of this Act, includes foodstuffs intended for consumption by farmed deer;

• “control agreement”, “control area” and “control scheme” have the meanings respectively given by section 7 of this Act;

• “deer” means fallow deer, red deer, roe deer and sika deer and any other species of deer specified in an order made under subsection (2) below and includes any hybrid of those species and, where appropriate, the carcase of any deer or any part thereof;

• “deer management” includes the management of deer for sporting purposes;

• “deer proof barrier” means a barrier which will, having regard to the character and nature of the land, prevent the entry of deer on to or, as the case may be, the escape of deer from any land;

• “enclosed” means enclosed by a stock-proof fence or other barrier, and “unenclosed” shall be construed accordingly;

• “fallow deer” means deer of the speciesDama dama;

• “farmed deer” has the meaning given in section 34A of this Act;

• “functions” includes powers and duties;

• “land” does not include a dwelling house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith;

• “livestock” has the meaning given by the M3 Agriculture (Miscellaneous Provisions) Act 1968 and, for the purposes of sections 6 and 7 of this Act, includes farmed deer;

• “natural heritage” includes flora and fauna, geological and physiographical features and the natural beauty and amenity of the countryside;

• “occupier” in relation to any land includes any tenant or sub-tenant, whether in actual occupation of the land or not;

• “owner” in relation to any land includes any person who under the Land Clauses Acts would be enabled to sell and convey the land to promoters of an undertaking;

• “red deer” means deer of the speciesCervus elaphus;

• “roe deer” means deer of the speciesCapreolus capreolus;

• “sika deer” means deer of the speciesCervus nippon;

• “species” includes any hybrid of different species of deer;

• “take”, in relation to deer, means take alive, and cognate expressions shall be construed accordingly;

• “vehicle” includes an aircraft, hovercraft or boat; and

• “woodland” means land on which trees are grown, whether or not commercially, and includes any such trees and any vegetation planted or growing naturally among such trees on that land.

(2) The Secretary of State may, by order made by statutory instrument, specify other species of deer which are to be “deer” for the purposes of subsection (1) above.”.

Marginal Citations

M1 1991 c.55.

M2 1968 c.27.

M3 1968 c.34.