Part IV Enforcement, licensing of venison dealing and miscellaneous provisions

Further powers of F8SNH

Annotations:
Amendments (Textual)

37 Restrictions on granting of certain authorisations.

1

F10Except as mentioned in subsection (1A) below,F8SNH shall not grant an authorisation under any of sections 5(6) or (7), 18(2) or 19(2) of this Act (in subsections (2) to (5) below referred to as an “authorisation”) unless F3it is satisfied that the person concerned is a fit and competent person to receive an authorisation under that provision.

F91A

Subsection (1) above does not apply to an authorisation under section 5(6) of this Act to any of the following persons to take or kill, for the purpose of preventing any damage mentioned in section 5(6)(a), any deer found on land falling within section 26(1)(a) or (b) of this Act (“section 26 land”)—

a

the occupier of the section 26 land; or

b

if authorised by the occupier—

i

the owner of the section 26 land;

ii

an employee of the owner; or

iii

an employee of the occupier, or any other person normally resident on, the section 26 land.

2

An authorisation shall—

a

be in writing; and

b

specify the duration of its validity.

F12A

For the purposes of subsection (2) above, an authorisation may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced.

3

No authorisation shall be granted under section 18(2) or 19(2) of this Act unless a relevant code of practice has been published under subsection (5) below, and any such authorisation shall contain a condition that the person concerned shall comply with the relevant provisions of any such code.

4

An authorisation may contain such conditions, other than that mentioned in subsection (3) above, as F8SNHn F4thinks fit.

5

F8SNH shall prepare and publish, and from time to time revise, a code of practice for—

a

night shooting; and

b

the use of vehicles for the purposes of deer management, within the meaning of section 19(2) of this Act,

to which F5it shall have regard when exercising F5its power under section 18(2) or, as the case may be, section 19(2) of this Act.

F1138 Limitation on requirement to obtain game licence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39 Deer killed under the authority of F8SNH.

Without prejudice to sections 8(8), 9, 10(10) and 12(1) of this Act, F8SNH shall have no power to dispose of deer taken or killed under F6its authority.

40X1Power of Commission to require return of number of deer killed.

1

F8SNH may, for the purposes of any of F7its deer functions, by notice served on the owner or occupier of any land require him to make a return, in such form as F8SNH may require, showing the number of deer of each species and of each sex which to his knowledge have been taken or killed on the land.

2

A notice served under subsection (1) above shall—

a

be in writing;

b

specify a period, immediately preceding the date of service of the notice, for which the return must be completed.

F22A

For the purposes of subsection (2) above, a notice may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7)), which has been recorded and is consequently capable of being reproduced.

2B

A notice may be served on a person by such an electronic communication only if—

a

the person consents in writing to the receipt of a notice of the kind in question from the sender by electronic communication sent to a specified number or address, and

b

the communication is sent to the number or address in question.

3

A period specified by virtue of subsection (2)(b) above shall not exceed five years.

4

Any person on whom a notice under subsection (1) above has been served who—

a

fails without reasonable cause to make the required return within thirty-six days after the service of the notice; or

b

in making the return knowingly or recklessly furnishes any information which is false in a material particular,

shall be guilty of an offence.

40AF12Power of SNH to require return of number of deer planned to be killed

1

SNH may, for the purposes of any of its deer functions, by notice served on the owner or occupier of any land require the owner or occupier to make a return, in such form as SNH may require, showing how many deer of each species and of each sex are planned to be killed on the land in the following year.

2

A notice served under subsection (1) must specify a period, of not more than 1 year immediately following the date of service of the notice, for which the return must be completed.

3

Any person on whom a notice under subsection (1) has been served who fails without reasonable cause to make the required return within 36 days after the service of the notice commits an offence.