Part IV Enforcement, licensing of venison dealing and miscellaneous provisions
Further powers of F5SNH
37 Restrictions on granting of certain authorisations.
1
F7Except as mentioned in subsection (1A) below,F5SNH 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 F2it is satisfied that the person concerned is a fit and competent person to receive an authorisation under that provision.
F61A
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
5
F5SNH 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,
Word in Act substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 6; S.S.I. 2010/221, art. 3(2), Sch.