Part IF1Scottish Natural Heritage's deer functions

Annotations:
Amendments (Textual)

1X1 The Deer Commission for Scotland.

1

F3Scottish 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 F4to, further the F20conservation 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.

F21A

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 F19SNH, in exercising F7its 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; F21...

c

the interests of owners and occupiers of land.

F22d

the interests of public safety; and

e

the need to manage the deer population in urban and peri-urban areas.

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2 Advice and annual reports to Secretary of State.

1

F19SNH shall—

a

advise the Secretary of State on any such matter relating to the purposes of this Act as he may refer toF9it; and

b

bring to his attention any matter relating to deer of which in the opinion of F19SNH he ought to be apprised.

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3 Power of F19SNH to facilitate exercise of functions.

1

F19SNH shall have power—

a

to issue guidance or advice, whether general or particular, to any person or organisation; F24...

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 demonstrationF25; and

F25c

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 F19SNH'sF11deer functions

2

For the avoidance of doubt, it is provided that F19SNH 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 F12its functions under this Act.

F233

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.

4 Appointment of panels.

1

Subject to the approval of the Secretary of State, F19SNH may appoint for any locality a panel for the purposes of this section consisting of such number of persons F26... as F13it considers appropriate, one of whom shall act as chairman.

2

Before making an appointment under subsection (1) above, F19SNH may afford to such persons or organisations as F14it thinks fit an opportunity to suggest the name of any person who would in F15its view be an appropriate person for such an appointment.

3

Where F19SNHF16has sought suggestions as mentioned in subsection (2) above, F17it shall consider any such suggestions before making an appointment under subsection (1) above.

4

F19SNH may appoint a member of F19SNH or a member of F19SNH'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 F19SNH 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

F19SNH may refer to any such panel any matter relating to the F18deer functions of F19SNH, and it shall be the duty of the panel to advise F19SNH on the matter.

F277

The Scottish Ministers may by regulations make provision conferring further functions on panels.

8

Functions conferred under subsection (7) may include—

a

encouraging and facilitating the engagement of the local community in deer management in the locality of a panel,

b

looking into issues relating to deer management in the locality of a panel and communicating those issues to the local community,

c

communicating the views of the local community to those engaged in deer management in the locality of a panel.

9

Regulations under subsection (7) may modify any enactment (including this Act).