Deer (Scotland) Act 1996

Part IS [F1Scottish Natural Heritage's deer functions]

Textual Amendments

1X1 The Deer Commission for Scotland.S

(1)[F2Scottish 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 [F3to], further the [F4conservation 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)[F5to] exercise such other functions as are conferred on [F6it] 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 [F8SNH], in exercising [F9its 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

X1S. 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

2 Advice and annual reports to Secretary of State.S

(1)[F8SNH] shall—

(a)advise the Secretary of State on any such matter relating to the purposes of this Act as he may refer to[F13it]; and

(b)bring to his attention any matter relating to deer of which in the opinion of [F8SNH] he ought to be apprised.

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

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

Textual Amendments

3 Power of [F8SNH] to facilitate exercise of functions.S

(1)[F8SNH] 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 [F8SNH's] [F17deer] functions

(2)For the avoidance of doubt, it is provided that [F8SNH] 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 [F18its] 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

4 Appointment of panels.S

(1)Subject to the approval of the Secretary of State, [F8SNH] may appoint for any locality a panel for the purposes of this section consisting of such number of persons F20... as [F21it considers ] appropriate, one of whom shall act as chairman.

(2)Before making an appointment under subsection (1) above, [F8SNH] may afford to such persons or organisations as [F22it thinks] fit an opportunity to suggest the name of any person who would in [F23its] view be an appropriate person for such an appointment.

(3)Where [F8SNH] [F24has] sought suggestions as mentioned in subsection (2) above, [F25it] shall consider any such suggestions before making an appointment under subsection (1) above.

(4)[F8SNH] may appoint a member of [F8SNH] or a member of [F8SNH'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 [F8SNH] 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)[F8SNH] may refer to any such panel any matter relating to the [F26deer] functions of [F8SNH], and it shall be the duty of the panel to advise [F8SNH] on the matter.

Textual Amendments