Deer (Amendment) (Scotland) Act 1996 (repealed 19.11.1996)

4 Emergency powers of Commission to authorise killing of deer causing damage. S

(1) Section 6 of the principal Act (power of Commission to authorise killing of deer causing damage) shall be amended in accordance with this section.

(2) For subsection (1) there shall be substituted the following subsections—

“(1) Subject to the following provisions of this section, where the Commission are satisfied—

(a) that deer—

(i) are causing serious damage to woodland, to agricultural production (including any crops or foodstuffs); or

(ii) are causing injury to livestock whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or

(iii) constitute a danger or a potential danger to public safety;

(b) that the killing of the deer is necessary to prevent further such damage or injury or to remove the danger or potential danger; and

(c) that none of their other powers is adequate to deal with the situation,

they shall authorise in writing, subject to such conditions as may be specified in the authorisation, any person who in their opinion is competent to do so to follow and kill on such land as may be mentioned in the authorisation such deer as appear to that person to be causing the damage or injury or constituting the danger or potential danger.

(1A) Where, as mentioned in subsection (1)(a)(iii) above, deer constitute a danger or potential danger to public safety, and, in the opinion of the Commission or the person authorised by them, the killing of the deer would itself constitute a potential danger to public safety, the person authorised by the Commission shall instead take and remove the deer from the land in question by such means as are appropriate.”.

(3) After subsection (8) there shall be inserted the following subsection—

“(9) Where any deer has been killed or taken and removed from land under an authorisation granted by the Commission under this section the Commission shall have power to dispose of it by sale or otherwise.”.