Deer (Scotland) Act 1996

SCHEDULES

Section 1(7).

SCHEDULE 1 Deer Commission for Scotland: supplementary provisions

1 The Commission shall be a body corporate and shall have a common seal.

2 (1) Every member of the Commission shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.

(2) Notwithstanding anything in an instrument of appointment, any member of the Commission may resign his office by a notice given under his hand to the Secretary of State.

(3) A member of the Commission who has ceased to hold office shall be eligible for re-appointment.

3 If the Secretary of State is satisfied that the chairman or a member of the Commission—

(a) has had his estate sequestrated, has been adjudged bankrupt, has made an arrangement with his creditors, or has granted a trust deed for his creditors or has made a composition contract with his creditors;

(b) is incapacitated by reason of physical or mental illness;

(c) has been absent from meetings of the Commission for a period of more than three consecutive months without the permission of the Commission or of the Secretary of State; or

(d) is otherwise unable or unfit to discharge the functions of a member of the Commission, or is unsuitable to continue as chairman,

the Secretary of State shall have power to remove him from his office.

4 Where a person ceases to be a member of the Commission otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make to that person a payment of such amount as the Secretary of State may determine.

5 The Secretary of State may make such provision, if any, as he may determine for the payment of pensions to or in respect of members of the Commission.

6 The Secretary of State—

(a) shall pay to—

(i) the chairman of the Commission such remuneration and such allowances; and

(ii) the other members of the Commission such allowances; and

(b) may pay to other member of the Commission such remuneration,

as he may determine.

7 The Commission may pay to the members of any panel appointed in pursuance of section 4 of this Act the like allowances as are payable by the Secretary of State to members of the Commission under paragraph 6 above.

Meetings and proceedings of the Commission

8 The quorum of the Commission shall be five or such larger number as the Commission may from time to time determine.

9 The proceedings of the Commission shall not be invalidated by—

(a) any vacancy in the membership of the Commission; or

(b) any defect in the appoint of any member of the Commission.

10 If at any meeting of the Commission the votes are equally divided on any question, the person acting as chairman of the meeting shall have a second or casting vote.

11 Subject to paragraphs 8 to 10 above, the Commission shall have power to regulate their own procedure and that of any panel appointed by them.

Office and staff of the Commission

12 The Commission shall have an office at which communications and notices will be received.

13 The Secretary of State may provide the services of such staff as the Commission may require.

Section 8(6).

SCHEDULE 2 Provisions as to control schemes

Part I Procedure for making control schemes

1 Where the Commission decide to make a control scheme they shall—

(a) serve on every owner and every occupier of land on whom the scheme proposes to impose any requirement—

(i) a copy of the said scheme, together with

(ii) a notice stating that any such owner or occupier may, within twenty-eight days of the service of the notice, object to the Secretary of State in such manner as may be specified in the notice to the scheme or to any provision contained in it; and

(b) publish in two successive weeks in the Edinburgh Gazette and in one or more newspapers circulating in the district in which the control area is situated a notice—

(i) stating that a control scheme has been prepared,

(ii) describing the control area,

(iii) naming a place within the district where a copy of the control scheme and of the map referred to in it may be inspected at all reasonable hours, and

(iv) stating that any person may, within twenty-eight days of the first publication of such notice, object to the Secretary of State in such a manner as may be specified in the notice to the control scheme or to any provision contained in it.

2 If no objection is duly made under paragraph 1 above or if all objections so made are withdrawn, the Secretary of State may confirm the control scheme either in the form submitted to him or, subject to paragraph 4 below, with modifications.

3 If any objection duly made under paragraph 1 above is not withdrawn, the Secretary of State shall, before deciding whether to confirm the control scheme, cause a public inquiry to be held, and after considering the objection and the report of the person who held the inquiry may confirm the scheme either in the form submitted to him or, subject to paragraph 4 below, with modifications.

4 A control scheme shall not be confirmed with any modification unless either—

(a) every—

(i) person served with a copy of the scheme by virtue of paragraph 1 above has been served with notice of the proposal to make the modification, and

(ii) other person on whom the modification, if made, would impose a requirement, has been served with a notice of the proposal to make the modification along with a copy of the said scheme,

and either has consented to it or has not, before the expiry of fourteen days from the service of the notice, notified the Secretary of State in writing that he objects to it; or

(b) the modification arises from representations made at an inquiry held under paragraph 3 above or from the findings or recommendations of the person holding that inquiry, and every person in respect of whom the modification, if made, would vary or impose a requirement has been served with a copy of the scheme as mentioned in sub-paragraph (a) above and been afforded an opportunity to appear and be heard at the inquiry.

Part II Procedure for varying or revoking control schemes

5 On the application of the Commission, the Secretary of State may make a scheme varying a control scheme or may revoke a control scheme.

6 Before making any such variation or revocation the Secretary of State shall—

(a) serve on every owner and every occupier of land on whom the control scheme has imposed any requirement or would, if varied as proposed, impose any requirement—

(i) a draft of the scheme varying the control scheme or, as the case may be, an intimation of the proposed revocation, together with

(ii) a notice stating that any such owner or occupier may, within twenty-eight days of the service of the draft scheme or the intimation, as the case may be, object to the Secretary of State in such a manner as may be specified in the notice to the variation or revocation of the control scheme; and

(b) publish in two successive weeks in the Edinburgh Gazette and in one or more newspapers circulating in the district in which the control area is situated a notice—

(i) stating that the control scheme is to be varied or revoked, and

(ii) stating that any person may, within twenty-eight days of the first publication of such notice, object in such manner as may be specified in the notice to the making of the variation or revocation, and

(iii) naming, in the case of any such variation, a place within the district where a copy of the scheme as proposed to be varied and any map referred to in it may be inspected at all reasonable hours.

7 If no objection is duly made under paragraph 6 above or if all objections so made are withdrawn, the Secretary of State may vary or revoke the control scheme, as the case may be.

8 If any objection duly made under paragraph 6 above is not withdrawn, the Secretary of State shall, before deciding whether to make the variation or revocation as the case may be, cause a public inquiry to be held, and after considering the objection and the report of the person who held the inquiry may make the variation, either in the form of the draft or with modifications, or the revocation, as the case may be.

9 A variation of a control scheme shall not be made with any modification unless either—

(a) every—

(i) person served with a copy of the draft scheme by virtue of paragraph 6 above has been served with notice of the proposal to make the modification, and

(ii) other person on whom the modification, if made, would impose a requirement has been served with a notice of the proposal to make the modification along with a copy of the said draft scheme,

and either has consented to it or has not, before the expiry of fourteen days from the service of the notice, notified the Secretary of State in writing that he objects to it; or

(b) the modification arises from representations made at an inquiry held under paragraph 8 above or from the findings or recommendations of the person holding that inquiry, and every person in respect of whom the modification, if made, would vary or impose a requirement has been served with a copy of the draft scheme as mentioned in sub-paragraph (a) above and been afforded an opportunity to appear and be heard at the inquiry.

Part III General procedural provisions

10 Notwithstanding anything in paragraphs 3 or 8 above, the Secretary of State may require any person who has made an objection to state in writing the grounds for it, and may disregard the objection for the purposes of this Schedule if he is satisfied that the objection is frivolous.

11 The provisions of subsection (2) to (8) of section 210 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (which relate to the holding of local inquiries) shall apply in relation to a public local inquiry held under paragraph 3 or 8 above as they apply in relation to local inquiries held under the said section 210.

Part IV Provisions as to the validity of control schemes and of variations and revocations of such schemes

12 On confirming a control scheme or on varying or revoking such a scheme the Secretary of State shall forthwith—

(a) serve on every person on whom a notice was required to be served under any of the following provisions—

(i) sub-paragraph (a) of paragraph 1 above;

(ii) sub-paragraph (a) of paragraph 4 above;

(iii) sub-paragraph (a) of paragraph 6 above;

(iv) sub-paragraph (a) of paragraph 9 above,

a notice stating that the scheme has been confirmed or, as the case may be, that a variation or revocation of such a scheme has been made;

(b) publish in the Edinburgh Gazette and in one or more newspapers circulating in the district in which the control area is situated a notice—

(i) stating that the scheme has been confirmed or varied or revoked, as the case may be, and

(ii) naming a place within the district where a copy of the scheme or, as the case may be, the scheme as varied, and of any maps referred to in the scheme, may be inspected at all reasonable hours.

13 (1) Subject to sub-paragraphs (2) and (3) below, a control scheme or any variation or revocation of such a scheme shall not at any time be questioned in any proceedings whatsoever.

(2) Any person aggrieved by a control scheme or by any variation or revocation of such a scheme may apply, within six weeks from the date of the first publication of the notice referred to in sub-paragraph (b) of paragraph 12 above, to the Court of Session for the purpose of questioning its validity on the ground that—

(a) it is not within the powers of this Act; or

(b) any requirement of this Act has not been complied with.

(3) Where any such application is duly made the Court may, where it is satisfied that—

(a) the scheme or any variation or revocation of such a scheme is not within the powers of this Act; or

(b) the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Act,

quash the scheme or any such variation or revocation, either generally or in so far as it affects the applicant.

SCHEDULE 3 Penalties

Enactment	Offence	Penalty
		(a) on summary conviction	(b) on conviction on indictment
5(5)	Taking, killing or injuring deer in close season	a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
13(1)	Failure to comply with control scheme	a fine of level 4 on the standard scale or 3 months imprisonment or both
13(2)	Obstruction of authorised person	a fine of level 3 on the standard scale or 3 months imprisonment or both
17(1)	Poaching	a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
17(2)	Removal of deer carcase without right or permission	a fine of level 4 on the standard scale for each deer carcase in respect of which the offence is committed or 3 months imprisonment or both
18(1)	Taking or killing at night	a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
19(1)	Use of vehicle to drive deer	a fine of level 4 on the standard scale or 3 months imprisonment or both
20(1)	Offences connected with use of vehicles and aircraft	a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
21(3), (5)	Offences relating to firearms and ammunition	a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
22	Unlawful killing, taking or injuring of deer or breach of firearms order by more than one person	a fine of the statutory maximum in respect of each deer killed, taken or injured or 6 months imprisonment or both	a fine or imprisonment for a term not exceeding 2 years or both
23(1)	Illegal possession of deer or firearms	a fine of level 4 on the standard scale or 3 months imprisonment or both
24(a)	Attempting to commit certain offences	the same penalty as may be imposed in respect of the offence attempted.
24(b)	Acts preparatory to the commission of certain offences	the same penalty as may be imposed for the offence, subject to a maximum of a fine not exceeding level 4 on the standard scale or 3 months imprisonment or both
31(3)(c)	Failure to surrender cancelled firearm or shotgun certificate.	a fine of level 2 on the standard scale.
36(1)	Unauthorised sale etc. of venison	a fine of level 3 on the standard scale
36(4)	Sale etc. of unlawfully killed deer	a fine of level 4 on the standard scale or 3 months imprisonment or both
36(5)	Failure to comply with section 34	a fine of level 2 on the standard scale
36(6)	Obstruction of person carrying out inspection under section 34	a fine of level 3 on the standard scale
40(4)	Failure to make, or making false, return of number of deer killed.	a fine of level 3 on the standard scale or 3 months imprisonment or both.

Section 48(2).

SCHEDULE 4 Consequential amendments

The Agriculture (Scotland) Act 1948 (c. 45)

1 (1) The Agriculture (Scotland) Act 1948 shall be amended as follows.

(2) In section 39(3A) (exclusion of certain deer from provisions of that section), for the words “section 35A of the Deer (Scotland) Act 1959” there shall be substituted the words “section 45 of the Deer (Scotland) Act 1996”.

(3) In section 42A (definition of “animals for the purposes of sections 40 to 42”), for the words “section 35A of the Deer (Scotland) Act 1959” there shall be substituted the words “section 45 of the Deer (Scotland) Act 1996”.

The Deer Act 1991 (c. 54)

2 In section 11(3) of the Deer Act 1991 (details to be recorded where venison bought from a licensed dealer), for the words “Part IIIA of the Deer (Scotland) Act 1959” there shall be substituted the words “section 33 of the Deer (Scotland) Act 1996”.

Section 48(2).

SCHEDULE 5 Repeals

Chapter	Short title	Extent of repeal
1959 c. 40.	The Deer (Scotland) Act 1959.	The whole Act.
1967 c. 37.	The Deer (Amendment) (Scotland) Act 1967.	The whole Act.
1973 c. 65.	The Local Government (Scotland) Act 1973.	In Schedule 27, paragraph 143.
1982 c. 19.	The Deer (Amendment) (Scotland) Act 1982.	The whole Act.
1991 c. 54.	The Deer Act 1991.	Section 17(5).
1996 c. 43.	The Deer (Amendment) (Scotland) Act 1996.	The whole Act.

Section 48(5).

SCHEDULE 6 Transitional, transitory and saving provisions

Transitional provision

1 Where on the commencement of this Act a code has been published or falls to be treated as having been published under section 33A(11)(a) of the [1959 c. 40.] Deer (Scotland) Act 1959, that code shall be treated, after that commencement, as if it had been published under section 37(5)(a) of this Act.

Transitory provisions

2 Until an order in relation to red deer stags and hinds is made under section 5(1) of this Act, the period for the purposes of that subsection for—

(a) such stags shall be the period commencing on the twenty first day of October and ending on the thirtieth day of June; and

(b) such hinds shall be the period commencing on the sixteenth day of February and ending on the twentieth day of October.

3 Until a code is published under section 37(5)(b) of this Act, section 19(1) of this Act shall have effect as if for the word “any” in the second place where it occurs, there is substituted the word “unenclosed”.

Savings

4 The amendments made by paragraphs 2 to 4 of Schedule 1 to the [1996 c. 43.] Deer (Amendment) (Scotland) Act 1996 shall not be affected by the repeal of that Act by this Act.

TABLE OF DERIVATIONS

Notes:

1 This Table shows the derivation of the provisions of the Bill.

2 The following abbreviations are used in the Table:—

Acts of Parliament

1959	= Deer (Scotland) Act 1959 (c. 40)
1967	= Deer (Amendment) (Scotland) Act 1967 (c. 37)
1982	= Deer (Amendment) (Scotland) Act 1982 (c. 19)
1996	= Deer (Amendment) (Scotland) Act 1996 (c. 43)

Provision	Derivation
1(1)	1959 s. 1(1), substituted 1996 s.1(1).
(2)	1959 s. 1(1A), inserted 1996 s.1(1).
(3)	1959 s. 1(2).
(4)	1959 s. 1(3), amended 1996 s. 1(2).
(5)	1959 s. 1(3A), inserted 1996 s. 1(3).
(6)	1959 s. 1(3B), inserted 1996 s. 1(3).
(7)	1959 s. 1(6).
2	1959 s.3, amended 1982 s.1(1), 1996 s.13(1) and Schedule 1, para.1(3).
3	1959 s.4, substituted 1996 s. 3
4(1) to (3)	1959 s. 2(1) to (1B), inserted 1996 s.2
(4), (5)	1959 s.2(1), amended 1982 s.2(1)
(6)	1959 s.2(2)
5(1) to (5)	1959 s.21(1) to (4), (5) part, amended 1982 s.6, substituted 1996 s.8.
(6), (7)	1959 s.33A(5) and (6), inserted 1996 s.10(1).
6	1959 s.7(9), substituted 1996 s.6.
7	1959 s.7(1) to (6), substituted 1996 s.6
8	1959 s.7(7), (8) and (10), substituted 1996 s.6; 1959 s.8, amended 1982 s.1(2), 1996 s.13(1) and Schedule 1, paragraph 1(7); 1959 s.9(1); 1959 s.10, amended 1996 s.13(1) and Schedule 1, paragraph 1(9).
9	1959 s.11(1), amended 1982 s.1(2), substituted 1996 s.13(1) and Schedule 1, paragraph 1(10)(a); 1959 s.11(2), amended 1996 s.13(1) and Schedule 1, paragraph 1(10)(b); 1959 s.11(3).
10	1959 s.6(1) to (7),(9) amended 1982 s.3(b), 1996 s.13(1) and Schedule 1, paragraph 1(5)(a); subsection (1) substituted 1982 s.3(a), 1996 s.4(2); subsection (1A) inserted 1996 s.4(2); subsection (9) inserted 1996 s.4(3).
11	1959 s.6AA, inserted 1996 s.5.
12(1) to (3)	1959 s.12, amended 1982 s.1(2), 1996 s.13(1) and Schedule 1, paragraph 1(11), part repealed 1982 s.15(2) and Schedule 3.
(4)	1959 s.6(8), amended 1996 s.13(1) and Schedule 1, paragraph 1(5)(b).
13	1959 s.9(2) part; 1959 s.17 part.
14(1) to (4)	1959 s.33(2), repealed and replaced 1967 s.2(2), amended 1996, s.13(1) and Schedule 1, paragraph 1(30)(b).
15	1959 s.15, amended 1967 s.1, 1982 s.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(13) and Schedule 2.
16	1959 s.16, amended 1996 s.13(1) and Schedule 1, paragraph 1(14).
17(1),(2)	1959 s.22, amended 1982 ss.6(c), (d), 14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(18).
(3), (4)	1959 s.23(2), amended 1982 s.6(a), 1996 s.13(1) and Schedule 1, paragraph 1(19)(b).
18(1)	1959 s.23(1) 1982 s.6(d), 1996 s.13(1) and Schedule 1, paragraph 1(19)(a).
(2)	1959 s33A(2), inserted 1996 s.10(1).
19(1)	1959 s.23(3A), inserted 1982 s.9, amended 1996 s.13(1) and Schedule 1, paragraph 1(19)(e).
(2) to (3)	1959 s.33A(3), inserted 1996 s.10(1).
20	1959 s.23(2A) to (2C), inserted 1982 s.8(1), amended 1996 s.13(1) and Schedule 1, paragraph 1(19)(c).
21	1959 s.23A(1),(2), (3) part, (4) and (5) part, inserted 1982 s.10(1).
22	1959 s.24 part, amended 1982 s.10(2).
23	1959 s.25, substituted 1996 s.9.
24	1959 s.26, amended 1996 s.13(1) and Schedule 1, paragraph 1(25)(a) and (b).
25	1959 s.33(1), amended 1967 s.2(1), 1982 s.12, 1996 s.13(1) and Schedule 1, paragraph 1(30)(a).
26	1959 s.33(3), (3A), substituted 1967 s.2(2), 1982 s.13(1), amended 1996 s.13(1) and Schedule 1, paragraph 1(30)(c).
27	1959 s.27, amended 1982 ss.14(3), 15(1) and Schedule 2, paragraph 2; part repealed 1996 s.13, Schedule 1, paragraph 1(26) and Schedule 2.
28	1959 s.28
29	1959 s.31 part
30	1959 s.25AA, inserted 1996 s.9.
31(1)
(2), (3)	1959 s.28A(1),(2)(a), (b) and (c) part, inserted 1982 s.15(1) and Schedule 2, paragraph 1.
(4)	1959 s.21(5), amended 1982 s.14(1) and Schedule 1; 1959 s.22(1) part; 1959 s.22(2) part, inserted 1982 s.6; s.23(3), amended 1982 s.14(1) and Schedule 1; 1959 s.24 part, amended 1982 s.14(1) and Schedule 1; 1959 s.25(1) part, substituted 1996 s.9.
(5)	1959 s.25D(7), inserted 1982 s.11.
32	1959 s.30
33	1959 s.25A, inserted 1982 s.11, amended Local Government etc. (Scotland) Act 1994 (c. 39) s.180 and Schedule 13, paragraph 53(1), (2); 1959 s.25F part, inserted 1982 s.11, amended Local Government etc. (Scotland) Act 1994 (c. 39) s.180 and Schedule 13 paragraph 53(1), (4), 1996 s.13(1) and Schedule 1, paragraph 1(24).
34	1959 s.25B, inserted 1982 s.11.
35	1959 s.25C, inserted 1982 s.11, amended Deer Act 1991 (c. 54) s.17(5).
36	1959 s.25D part, inserted 1982 s.11, amended Local Government etc. (Scotland) Act 1994 (c. 39) s.180 and Schedule 13, paragraph 53(1), (3); 1959 s.25F part, inserted 1982 s.11.
37	1959 s.33A(7) to (11), inserted 1996 s.10(1).
38	1959 s.14, amended 1982 s.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(12) and Schedule 2.
39	1959 s.13, substituted 1996 s.7.
40	1959 s.5(1), (2) part, amended 1982 ss.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(4) and Schedule 2.
41(1)	1959 s.19, amended 1982 s.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(16) and Schedule 2.
(2)	1959 s.23(5), part repealed 1996 s.13, Schedule 1, paragraph 1(19)(f) and Schedule 2.
42	1959 s.33B, inserted 1996 s.13(1) and Schedule 1, paragraph 1(31).
43	1959 s.34A, inserted 1996 s.11.
44	1959 s.34.
45	1959 s.35A, inserted 1996 s.12.
46	1959 s.18(1).
47	1959, s.35, amended 1982 s.15(1) and Schedule 2, paragraph 3.
Schedule 1	1959 Schedule 1, part repealed House of Commons Disqualification Act 1975 s.10 and Schedule 3 and Requirements of Writing (Scotland) Act 1995 s.14(2) and Schedule 5, amended 1982 s.5 and 1996 s.13(1) and Schedule 1, paragraph 1(32).
Schedule 2	1959 Schedule 2, amended Local Government (Scotland) Act 1973 s.214 and Schedule 27, paragraph 143.
Schedule 3	1959 s.5(2) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(4)(b); 1959 s.9(2) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(8); 1959 s.17 part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(15); 1959 s.21(5) part, amended 1982 s.14(1) and Schedule 1, substituted 1996 s.7; 1959 22(1) part, (2) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(18)(c); 1959 s.23(3) part, amended 1982 ss.8(2), 14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(19)(d); 1959 s.23(3A) part, inserted 1982 s.9, amended 1996 s.13(1) and Schedule 1, paragraph 1(19)(e)(iii); 1959 s.23A(3) part, (5) part, inserted 1982 s.10(1), amended 1996 s.13(1) and Schedule 1, paragraph 1(20); 1959 s.24(a) part, (b) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(21); 1959, s.25(1) part, substituted 1996 s.9; 1959 s.25D part, inserted 1982 s.11, amended 1996 s.13(1) and Schedule 1, paragraph 1(22); 1959 s.26 part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(25)(c); 1959 s.28A(2)(c) part, inserted 1982 s.15(1) and Schedule 2, paragraph 1, amended 1996 s.13(1) and Schedule 1, paragraph 1(27).
Schedule 6
Paragraph 1	1996 s.14(3).
Paragraph 2	1996 s.10(2).
Paragraph 3	1996 s.10(3).