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Deer (Scotland) Act 1996

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Version Superseded: 01/08/2010

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37 Restrictions on granting of certain authorisations.S

(1)The Commission 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 they are satisfied that the person concerned is a fit and competent person to receive an authorisation under that provision.

(2)An authorisation shall—

(a)be in writing; and

(b)specify the duration of its validity.

[F1(2A)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 the Commission think fit.

(5)The Commission 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 they shall have regard when exercising their power under section 18(2) or, as the case may be, section 19(2) of this Act.

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