Deer (Scotland) Act 1996

Exemption for certain acts

25 Action intended to prevent suffering

A person shall not be guilty of an offence against this Act or any order made under this Act in respect of any act done for the purpose of preventing suffering by—

(a) an injured or diseased deer; or

(b) by any deer calf, fawn or kid deprived, or about to be deprived, of its mother.

26 Right of occupier in respect of deer causing serious damage to crops etc. on certain ground

(1) Notwithstanding anything contained in section 5 of this Act, it shall be lawful for a person to whom this subsection applies to take or kill, and to sell or otherwise dispose of, any deer found, as the case may be, on—

(a) arable land, improved permanent pasture (other than moorland) and land which has been regenerated so as to be able to make a significant contribution to the productivity of a holding which forms part of that agricultural land; or

(b) on enclosed woodland,

where the occupier has reasonable ground for believing that serious damage will be caused to crops, pasture or human or animal foodstuffs on that agricultural land, or to that woodland, if the deer are not taken or killed.

(2) Subsection (1) above applies to the occupier in person and, if duly authorised in writing by the occupier for the purposes of that subsection, to any of—

(a) the owner in person;

(b) the owner’s employees;

(c) the occupier’s employees, or any other person normally resident, on the land;

(d) any other person approved in writing by the Commission as a fit and competent person for the purpose.

(3) Nothing contained in any agreement between an occupier of agricultural land or enclosed woodland and the owner of that land shall prohibit any act made lawful by subsection (1) above.

(4) Any authority given to a person under subsection (2) above shall expire—

(a) at the end of such period as the occupier may specify in it;

(b) when a person to whom it was given under paragraphs (b) or (c) of that subsection ceases to be in the employment of the owner or, as the case may be, the occupier, or ceases to be normally resident on the land;

(c) when a person to whom it was given under paragraph (d) of that subsection ceases to be so approved;

(d) if the occupier revokes it.