Deer (Scotland) Act 1996

15 Power to enter on land.S

(1)For the purpose of the exercise of any of the functions of [F1SNH] under section 10 of this Act, any person duly authorised in writing by [F1SNH] shall have power at all reasonable times to enter upon any land.

(2)A person authorised in writing by [F1SNH] for the purposes mentioned in subsection (3) below shall have power at all reasonable times to enter upon any land where—

(a)notice has been given to the owner and to the occupier of the land that it is proposed to enter during a period specified in the notice, not exceeding one month beginning at least fourteen days after the giving of the notice; and

(b)the exercise of that power takes place within the period so specified.

[F2(2A) For the purposes of subsections (1) and (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)The purposes for which a person may be authorised by [F1SNH] are—

(a)the taking of a census of deer in any area in pursuance of their functions under section 1(1) of this Act;

(b)the determination of whether any of [F3its] functions under section 7 or 8 of this Act should be exercised;

(c)the exercise of any such function under the said section 7 or 8;

(d)the determination of how far and in what manner any requirement placed on any person by virtue of this Part of this Act has been complied with.

(4)Any person who proposes to exercise any power of entry conferred by this section shall, if so required, produce the written document[F4, or a copy of a record of authority in terms of subsection (2A) above,] authorising him for such purpose.

Textual Amendments