Deer (Scotland) Act 1959 (repealed 18.11.1996)

Part I S Conservation and Control of Red Deer

1 Constitution and general functions of Red Deer Commission. S

[F1 (1) There shall be constituted a commission to be known as “the Deer Commission for Scotland” (in this Act referred to as “the Commission”) which shall—

(a) in accordance with the provisions of this Act, further the conservation, control and sustainable management of deer in Scotland and keep under review all matters, including their welfare, relating to deer; and

(b) exercise such other functions as are conferred on them by or under this Act or any other enactment.

(1A) It shall be the duty of the Commission, in exercising their functions, to take such account as may be appropriate in the circumstances of—

(a) the size and density of the deer population and its impact on the natural heritage;

(b) the needs of agriculture and forestry; and

(c) the interests of owners and occupiers of land.]

(2) The Commission shall carry out their functions in accordance with such directions of a general character as may be given by the Secretary of State.

(3) The Commission shall [F2 be appointed by the Secretary of State and] consist of a chairman and [F3 such number of other members, being not less than nine nor more than twelve in total, as the Secretary of State considers appropriate to represent the interests of persons or organisations concerned with each of the matters mentioned in paragraph (a) of subsection (3A) below; and subsections (3A) and (3B) below] shall apply to the appointment of these members other than the chairman.

[F4 (3A) Subject to subsection (3) above and to subsection (3B) below, the Secretary of State may appoint any person who appears to him—

(a) to have knowledge or experience of one or more of the following matters—

(i) deer management;

(ii) agriculture (including crofting)

(iii) forestry and woodland management; and

(iv) the natural heritage,

in so far as that matter may be affected by the Commission’s exercise of their functions; and

(b) generally, to be an appropriate person,

to be a member of the Commission; and, subject to subsection (3B)(c) below, of the persons so appointed, at least one third shall be persons having knowledge or experience of deer management.

(3B) Before making an appointment under subsection (3A) above, the Secretary of State shall—

(a) afford to such organisations as appear to him to represent the interests of persons concerned with the matters mentioned in subsection (3A)(a) above an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment;

(b) consider any such suggestions; and

(c) where names have been suggested by organisations representing the interests of deer managers, select the one third of the Commission referred to in subsection (3A) above from among those names.]

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The provisions contained in the First Schedule to this Act shall have effect in relation to the Commission.

Textual Amendments

F1 S. 1(1)(1A) substituted for s. 1(1) (18.10.1996) by 1996 c. 44, ss. 1(1), 14(2)

F2 Words in s. 1(3) inserted (18.10.1996) by 1996 c. 44, ss. 1(2)(a), 14(2)

F3 Words in s. 1(3) substituted (18.10.1996) by 1996 c. 44, ss. 1(2)(b), 14(2)

F4 S. 1(3A)(3B) inserted (18.10.1996) by 1996 c. 44, ss. 1(3), 14(2)

F5 S. 1(4)(5) repealed (18.10.1996) by 1996 c. 44, ss. 1(4), 13(2), 14(2), Sch. 2

2 Appointment of panels. S

[F6 (1) Subject to the approval of the Secretary of State, the Commission may appoint for any locality a panel for the purposes of this section consisting of such number of persons, not exceeding nine, as they consider appropriate, one of whom shall act as chairman.

(1A) Before making an appointment under subsection (1) above, the Commission may afford to such persons or organisations as they think fit an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment.

(1B) Where the Commission have sought suggestions as mentioned in subsection (1A) above, they shall consider any such suggestions before making an appointment under subsection (1) above.

(1C)] [F7 the Commission may appoint a member of the Commission or a member of the Commission’s staff to act as observer to the panel for the purpose of sitting with the panel at any meeting and of taking part in their discussions and of informing the Commission of information arising durjng and decisions taken at such meetings; such an observer shall not be a member of the panel.]

(2) The Commission may refer to any such panel any matter relating to the functions of the Commission, and it shall be the duty of the panel to advise the Commission on the matter.

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 2(1)-(1C) substituted (18.10.1996) for s. 2(1) by 1996 c. 44, ss. 2, 14(2)

F7 Words inserted into s. 2(1) (which provision was subsequently substituted by s. 2(1C) by virtue of 1996 c. 44, s. 2) by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 2(1)

F8 S. 2(3)(4) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(2), Sch. 2

3 Duty of Commission to advise Secretary of State. S

(1) It shall be the duty of the Commission to advise the Secretary of State on any such matter relating to the purposes of this Act as he may refer to them, and to bring to his attention any matter relating to [F9 deer] of which in the opinion of the Commission he ought to be apprised.

(2) The Commission shall make an annual report to the Secretary of State on the exercise of their functions under this Act, and the Secretary of State shall lay a copy of the report before each House of Parliament, together with such comments as he may think fit to make.

Textual Amendments

F9 Word in s. 3(1) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(3)

[F10 4 Particular powers of the Commission. S

(1) The Commission shall have power—

(a) to issue guidance or advice, whether general or particular, to any person or organisation; and

(b) to conduct, or to collaborate with any person or organisation which is conducting—

(i) any research, inquiry or investigation into questions of practical or scientific importance; or

(ii) any experiment, trial or demonstration,

relating to the conservation, control or sustainable management of deer, or to any other aspect of the Commission’s functions.

(2) For the avoidance of doubt, it is provided that the Commission may exercise the powers conferred by subsection (1) above in relation to the general welfare of deer, in so far as that matter is not otherwise included in their functions under this Act.]

Textual Amendments

F10 S. 4 substituted (18.10.1996) by 1996 c. 44, ss. 3, 14(2)

5 Returns of numbers of deer killed. S

(1) The Commission for the purpose of any of their functions may by notice in writing served on the owner or occupier of any land require him to make a return in such form as the Commission may require showing the number of F11 . . . deer of each [F12 species and of each] sex which to his knowledge have been [F13 taken or]killed on the land during such period (not exceeding five years) immediately preceding the service of the notice as may be specified therein.

(2) If any person on whom a notice under the foregoing subsection has been served—

(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,

he shall be liable on summary conviction to a fine not exceeding [F14 level 3 on the standard scale] or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

Textual Amendments

F11 Words in s. 5(1) repealed (18.10.1996) by 1996 C. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(4)(a)(i), Sch. 2

F12 Words in s. 5(1) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(4)(a)(ii)

F13 Words in s. 5(1) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(4)(a)(iii)

F14 Words in s. 5(2) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(4)(b)

6 Power of Commission to deal with marauding deer. S

[F15 (1) Subject to the following provisions of this section, where the Commission are satisfied—

(a) that deer—

(i) are causing serious damage to woodland, to agricultural production (including any crops or foodstuffs); or

(ii) are causing injury to livestock whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or

(iii) constitute a danger or a potential danger to public safety;

(b) that the killing of the deer is necessary to prevent further such damage or injury or to remove the danger or potential danger; and

(c) that none of their other powers is adequate to deal with the situation,

they shall authorise in writing, subject to such conditions as may be specified in the authorisation, any person who in their opinion is competent to do so to follow and kill on such land as may be mentioned in the authorisation such deer as appear to that person to be causing the damage or injury or constituting the danger or potential danger.

(1A) Where, as mentioned in subsection (1)(a)(iii) above, deer constitute a danger or potential danger to public safety, and, in the opinion of the Commission or the person authorised by them, the killing of the deer would itself constitute a potential danger to public safety, the person authorised by the Commission shall instead take and remove the deer from the land in question by such means as are appropriate.]

(2) Where the Commission are satisfied that the deer [F16 mentioned in subsection (1) above] come from particular land, and that any person having the right to kill deer thereon will forthwith undertake the killing of the deer first-mentioned, the Commission shall make a request to that effect in writing to that person.

(3) Where any such request as aforesaid has been made to a person, the Commission shall not issue an authorisation under this section unless it appears to them that he has become unable or unwilling to comply with the terms of the request.

(4) An authorisation under this section shall remain in force from the date thereof for such period, not exceeding [F17 28] days, as may be specified in the authorisation.

(5) Where the Commission intend to issue any such authorisation as aforesaid, it shall be their duty to give as soon as practicable to any person who in their opinion is likely to be on any land mentioned therein such warning of their intention as they consider necessary to prevent danger to that person.

(6) It shall be the duty of the Commission to give to the owner of any land which is to be mentioned in an authorisation under this section such notice of their intention to issue that authorisation as may be practicable.

(7) Without prejudice to the general provisions of section sixteen of this Act relating to the service of notices, any notice to be served under this section on an owner of land shall, where an agent or servant is responsible for the management or the farming of the land, be duly served if served on the said agent or servant.

(8) The Commission may make in respect of the services of any person authorised by them [F18 under this section], not being one of their servants, such payment as may be agreed.

[F19 (9) Where any deer has been killed or taken and removed from land under an authorisation granted by the Commission under this section the Commission shall have power to dispose of it by sale or otherwise.]

Textual Amendments

F15 S. 6(1)(1A) substituted for s. 6(1) (18.10.1996) by 1996 c. 44, ss. 4(2), 14(2), Sch. 1 para. 1(5)

F16 Words in s. 6(2) substituted (18.10.1996) by 1996 c. 44, s. 13(1), 14(2), Sch. 1 para. 1(5)(a)

F17 Word substituted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 3(b)

F18 Words in s. 6(8) substituted (18.10.1996) by 1996 c. 44, s. 13(1), 14(2), Sch. 1 para. 1(5)(b)

F19 S. 6(9) inserted (18.10.1996) by 1996 c. 44, ss. 4(3), 14(2)

[F20 6AA Application of section 6 in relation to natural heritage. S

Section 6 of this Act shall apply in relation to the natural heritage as it applies to woodland, where the Commission are satisfied that deer are causing serious damage to the natural heritage—

(a) on enclosed land; or

(b) on unenclosed land, but only if the Commission are also satisfied that the damage is being caused by reason of the presence on the land in question of a significantly higher density of deer population than is usual in all the circumstances.]

Textual Amendments

F20 S. 6AA inserted (18.10.1996) by 1996 c. 44, ss. 5, 14(2)

F21 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F21 S. 6A repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(6), Sch. 2

[F22 7 Control agreements and control schemes. S

(1) Subject to the following provisions of this section, where the Commission are satisfied that, on any land, deer—

(a) have caused, are causing, or are likely to cause—

(i) damage to woodland, to agricultural production, including any crops or foodstuffs, or, whether directly or indirectly, to the natural heritage generally; or

(ii) injury to livestock whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise;

or

(b) have become a danger or a potential danger to public safety,

and that for the prevention of further such damage, injury or, as the case may be, danger or potential danger, the deer in that locality should be reduced in number they shall form a preliminary view, having due regard to the nature and character of the land in question, as to what measures should be taken for that reduction in number; and, for the purposes of this section, “measures” includes the taking and removal of deer.

(2) For the purposes of subsection (1) above “the natural heritage” includes any alteration or enhancement of the natural heritage which is taking place, or is proposed to take place, either naturally or as a result of a change of use determined by the owner or occupier of the land in question; and “damage” shall be construed accordingly.

(3) Where it appears to the Commission that the circumstances obtaining in a particular area require the complete exclusion of all deer, or of all deer of any species, from that area, they may form the view that any deer within that area should be taken, removed or killed.

(4) Thereafter it shall be the duty of the Commission to consult with such owners or occupiers of land as the Commission consider to be substantially interested, to secure agreement—

(a) that measures require to be taken;

(b) as to what measures require to be taken, and within what time limit;

(c) as to who is to carry out such measures; and

(d) as to any other matters which appear to the Commission to be necessary for the purposes of such an agreement.

(5) Where agreement is reached on the matters mentioned in subsection (4) above the Commission shall draw up an agreement (a “control agreement”) specifying the parties to it, and any such control agreement may—

(a) describe the control area by reference to a map and specify the approximate extent of that area;

(b) specify the measures which are to be taken in relation to the deer in that area or any part thereof;

(c) specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part thereof, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part thereof;

(d) specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the agreement; and

(e) set out the time limits within which the owners or occupiers are to take any such measures,

and the Commission shall send a copy of the control agreement to all the persons who were involved in the consultation referred to in subsection (4) above.

(6) The Commission and any of the parties to a control agreement may agree at any time to vary its terms.

(7) Where the Commission are satisfied—

(a) that—

(i) it is not possible to secure a control agreement; or

(ii) a control agreement is not being carried out; and

(b) that—

(i) deer have caused and are causing serious damage to woodland or to agricultural production, including crops and foodstuffs, or serious damage, whether directly or indirectly, to the natural heritage, or serious injury to livestock however caused, or have become and remain a danger to public safety; and

(ii) action is necessary to prevent such serious damage, serious injury, or danger,

they shall make a scheme (a “control scheme”) for the carrying out of such measures as they consider necessary for the purposes of subsection (1) or (3) above; and any such scheme before it comes into operation shall require confirmation by the Secretary of State.

(8) Subsection (7) above does not apply in relation to any control agreement proposed or entered into for the purpose of altering or enhancing the natural heritage.

(9) In this Act the area to which a control agreement or a control scheme relates is, in relation to that agreement or, as the case may be, scheme, referred to as the “control area”.

(10) The Second Schedule to this Act has effect in relation to control schemes.]

Textual Amendments

F22 S. 7 substituted (18.10.1996) by 1996 c. 44, ss. 6, 14(2)

8 Contents of control schemes. S

(1) A control scheme shall—

(a) describe the control area by reference to a map and specify the approximate extent of that area;

[F23 (b) specify the measures which are to be taken in relation to the deer in that area or any part thereof;

(c) specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class of the deer to be killed in or taken and removed from the control area or any part thereof, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part thereof;]

(d) specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the foregoing provisions of this subsection;

(e) prescribe time limits within which the owners or occupiers are to take any such measures as aforesaid;

(f) include any incidental, consequential or supplemental provisions that may be necessary.

(2) A control scheme may specify different measures to be taken by different owners or occupiers of land in the control area, and may provide for the extension of any time limit prescribed therein.

(3) Nothing in the foregoing provisions of this section shall empower the Commission to impose on any owner or occupier of land a requirement to construct a fence on his land or on any part thereof against the movement of F24 . . . deer, and for the purposes of this section “fence” shall include any artificial obstruction.

Textual Amendments

F23 S. 8(1)(b)(c) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(7)(a)

F24 Words in s. 8(3) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(7)(b), Sch. 2

9 Liability of owners or occupiers under control schemes. S

(1) Where any control scheme has been confirmed, it shall be the duty of every owner or occupier of land to take such measures as the scheme may require of him in accordance with the provisions thereof.

(2) Any person who refuses or wilfully fails to comply with any requirement laid upon him by a scheme shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding [F25 level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Textual Amendments

F25 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (18.10.1996) by 1996 c. 44, s. 13(1), 14(2), Sch. 1 para. 1(8)

10 Enforcement of control schemes. S

If the Commission are of the opinion that any owner or occupier of land upon whom a requirement is laid by a control scheme has failed to carry out that requirement, it shall be the duty of the Commission to carry out the requirement if they are satisfied that it is still necessary so to do [F26 ; and where the carrying out of such a requirement involves the killing or taking of deer the Commission shall have power to dispose by sale or otherwise of any deer so killed or taken.].

Textual Amendments

F26 Words in s. 10 inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(9)

11 Recovery of expenses incurred under section 10. S

[F27 (1) Where any expenses incurred by the Commission in their performance of their duty under section 10 of this Act exceed the amount of the proceeds of the sale of any deer taken or killed in pursuance of that performance, the excess shall be recoverable from the owner or occupier concerned by the Commission.]

(2) The Commission shall furnish to any owner or occupier concerned a statement showing the expenses incurred in the [F28 performance of their duty under the said section 10], the amount received in respect of the sale of [F29 deer] and the amount recoverable from any owner or occupier under this section; and any owner or occupier who is aggrieved by such a statement may, within one month after such a statement has been furnished to him, appeal to the Scottish Land Court who may, if it appears to them equitable so to do, vary the amount recoverable from him.

(3) Nothing in the foregoing provisions of this section shall preclude the Commission, with the approval of the Secretary of State, from waiving the right to recover expenses incurred as aforesaid in any particular case.

F30 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 S. 11(1) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(10)(a)

F28 Words in s. 11(2) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(10)(b)(i)

F29 Word in s. 11(2) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(10)(b)(ii)

F30 S. 11(4) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(10)(c), Sch. 2

12 Power of Commission to provide services and equipment. S

(1) The Commission may by agreement with any owner or occupier of land assist in or undertake, whether in pursuance of a control [F31 agreement or] scheme or otherwise, the taking or killing of F32 . . . deer and the disposal of. . . F33 deer or their carcases; and the agreement may make provision for the providing of equipment by the Commission.

(2) Any agreement in pursuance of the last foregoing subsection shall, unless the Commission with the approval of the Secretary of State otherwise decide, provide for the payment of any expenses incurred by the Commission under the agreement.

Textual Amendments

F31 Words in s. 12(1) inserted (18.10.1996) by 1996 C. 44, ss. 13(1), 14(2), Sch. 1 para. 1(11)(a)

F32 Words in s. 12(1) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(11)(b), Sch. 2

F33 Word repealed by Deer (Amendment) (Scotland) Act 1982 (c. 19), Sch. 3

[F34 13 Deer killed under authority of Commission. S

Without prejudice to sections 6, 10, 11 and 12 of this Act, the Commission shall have no power to dispose of deer taken or killed under their authority.]

Textual Amendments

F34 S. 13 substituted (18.10.1996) by 1996 c. 44, ss. 7, 14(2)

14 Persons acting under this Part of this Act not required to obtain game licences. S

Any person authorised or required by the Commission to kill any F35 . . . deer under F35 . . . this Act shall not be required to obtain for that purpose a licence to kill game.

Textual Amendments

F35 Words in s. 14 repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(12), Sch. 2

15 Entry on land. S

(1) Any person duly authorised in writing by the Commission shall have power at all reasonable times to enter upon any land—

(a) in pursuance of any of the functions of the Commission under sections six, seven or ten of this Act;

(b) for the purpose of determining whether any of their functions under the said sections should be exercised;

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

[F36 (d) for the purpose of taking a census of F37 . . . deer in any area in pursuance of the F37 . . . functions of the Commission under section 1(1) of this Act.]

(2) Any person authorised as aforesaid by the Commission who proposes to exercise any power of entry conferred by this section shall, if so required, produce the written document authorising him so to do.

(3) Admission to any land under this section shall not be demanded as of right, unless notice has been given to the owner and the occupier of the land that it is proposed to enter during a period, specified in the notice, not exceeding one month and beginning at least fourteen days after the giving of the notice, and entry is made on the land during the period specified in the notice:

Provided that this subsection shall not apply to any person acting in pursuance of any of the functions of the Commission under section six of this Act.

Textual Amendments

F36 S. 15(1)(d) added by Deer (Amendment) (Scotland) Act 1967 (c. 37), s. 1

F37 Words in s. 15(1)(d) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(13), Sch. 2

16 Service of notices. S

(1) Subject to the provisions of this section, any notice for the purposes of this Act shall be in writing, and any notice or other document required or authorised by or under this Act to be given to or served on any person shall be duly given or served if it is delivered to him or left at his proper address or sent to him by post.

(2) Any such notice or other document required or authorised to be served on any person for the purposes of this Act shall be duly served, if that person is an incorporated company or body, if it is served on the clerk or secretary of that company or body.

(3) For the purposes of this section and [F38 section seven of the M1 Interpretation Act 1978], the proper address of any person on whom any such notice or document is to be served shall, in the case of the clerk or secretary of any incorporated company or body, be that of the registered or principal office of such company or body, and in any other case be the last known address of the person in question.

(4) Where any notice or other document is to be given to or served on a person as being the person having any interest in land and it is not practicable after reasonable inquiry to ascertain his name or address, the notice or document may be given or served by addressing it to him by the description of the person having that interest in the land (naming it) and delivering the notice or document to some responsible person on the land or by affixing it, or a copy of it, to some conspicuous object on the land.

(5) Nothing in this section shall require the Commission to give written notice of their intention to issue an authorisation in pursuance of section six of this Act.

Textual Amendments

F38 Words in s. 16(3) substituted (18.10.1996) by virtue of 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(14)

Marginal Citations

M1 1978 c. 30.

17 Offences in relation to execution of this Part of this Act. S

A person who wilfully obstructs any person acting in the execution of this Part of this Act or of any authorisation issued thereunder shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F39 level 3 on the standard scale] or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

Textual Amendments

F39 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(15)

18 Financial provisions. S

(1) The expenses of the Commission shall be defrayed by the Secretary of State, and any sums received by them shall be paid to the Secretary of State.

(2) All expenses incurred by the Secretary of State under the provisions of this Act shall be defrayed out of moneys provided by Parliament, and any sums received by him under the provisions of the last foregoing subsection shall be paid into the Exchequer.

19 Saving of right to compensation for damage by red deer. S

Nothing in the foregoing provisions of this Act or anything done thereunder shall preclude any occupier of any land from recovering any compensation for damage caused by F40 . . . deer which he would have been entitled to recover if this Act had not been passed.

Textual Amendments

F40 Words in s. 19 repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(16), Sch. 2

F41 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F41 S. 20 repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(17), Sch. 2

Part I S Conservation and Control of Red Deer

1 Constitution and general functions of Red Deer Commission. S

[F1 (1) There shall be constituted a commission to be known as “the Deer Commission for Scotland” (in this Act referred to as “the Commission”) which shall—

(a) in accordance with the provisions of this Act, further the conservation, control and sustainable management of deer in Scotland and keep under review all matters, including their welfare, relating to deer; and

(b) exercise such other functions as are conferred on them by or under this Act or any other enactment.

(1A) It shall be the duty of the Commission, in exercising their functions, to take such account as may be appropriate in the circumstances of—

(a) the size and density of the deer population and its impact on the natural heritage;

(b) the needs of agriculture and forestry; and

(c) the interests of owners and occupiers of land.]

(2) The Commission shall carry out their functions in accordance with such directions of a general character as may be given by the Secretary of State.

(3) The Commission shall [F2 be appointed by the Secretary of State and] consist of a chairman and [F3 such number of other members, being not less than nine nor more than twelve in total, as the Secretary of State considers appropriate to represent the interests of persons or organisations concerned with each of the matters mentioned in paragraph (a) of subsection (3A) below; and subsections (3A) and (3B) below] shall apply to the appointment of these members other than the chairman.

[F4 (3A) Subject to subsection (3) above and to subsection (3B) below, the Secretary of State may appoint any person who appears to him—

(a) to have knowledge or experience of one or more of the following matters—

(i) deer management;

(ii) agriculture (including crofting)

(iii) forestry and woodland management; and

(iv) the natural heritage,

in so far as that matter may be affected by the Commission’s exercise of their functions; and

(b) generally, to be an appropriate person,

to be a member of the Commission; and, subject to subsection (3B)(c) below, of the persons so appointed, at least one third shall be persons having knowledge or experience of deer management.

(3B) Before making an appointment under subsection (3A) above, the Secretary of State shall—

(a) afford to such organisations as appear to him to represent the interests of persons concerned with the matters mentioned in subsection (3A)(a) above an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment;

(b) consider any such suggestions; and

(c) where names have been suggested by organisations representing the interests of deer managers, select the one third of the Commission referred to in subsection (3A) above from among those names.]

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The provisions contained in the First Schedule to this Act shall have effect in relation to the Commission.

Textual Amendments

F1 S. 1(1)(1A) substituted for s. 1(1) (18.10.1996) by 1996 c. 44, ss. 1(1), 14(2)

F2 Words in s. 1(3) inserted (18.10.1996) by 1996 c. 44, ss. 1(2)(a), 14(2)

F3 Words in s. 1(3) substituted (18.10.1996) by 1996 c. 44, ss. 1(2)(b), 14(2)

F4 S. 1(3A)(3B) inserted (18.10.1996) by 1996 c. 44, ss. 1(3), 14(2)

F5 S. 1(4)(5) repealed (18.10.1996) by 1996 c. 44, ss. 1(4), 13(2), 14(2), Sch. 2

2 Appointment of panels. S

[F6 (1) Subject to the approval of the Secretary of State, the Commission may appoint for any locality a panel for the purposes of this section consisting of such number of persons, not exceeding nine, as they consider appropriate, one of whom shall act as chairman.

(1A) Before making an appointment under subsection (1) above, the Commission may afford to such persons or organisations as they think fit an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment.

(1B) Where the Commission have sought suggestions as mentioned in subsection (1A) above, they shall consider any such suggestions before making an appointment under subsection (1) above.

(1C)] [F7 the Commission may appoint a member of the Commission or a member of the Commission’s staff to act as observer to the panel for the purpose of sitting with the panel at any meeting and of taking part in their discussions and of informing the Commission of information arising durjng and decisions taken at such meetings; such an observer shall not be a member of the panel.]

(2) The Commission may refer to any such panel any matter relating to the functions of the Commission, and it shall be the duty of the panel to advise the Commission on the matter.

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 2(1)-(1C) substituted (18.10.1996) for s. 2(1) by 1996 c. 44, ss. 2, 14(2)

F7 Words inserted into s. 2(1) (which provision was subsequently substituted by s. 2(1C) by virtue of 1996 c. 44, s. 2) by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 2(1)

F8 S. 2(3)(4) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(2), Sch. 2

3 Duty of Commission to advise Secretary of State. S

(1) It shall be the duty of the Commission to advise the Secretary of State on any such matter relating to the purposes of this Act as he may refer to them, and to bring to his attention any matter relating to [F9 deer] of which in the opinion of the Commission he ought to be apprised.

(2) The Commission shall make an annual report to the Secretary of State on the exercise of their functions under this Act, and the Secretary of State shall lay a copy of the report before each House of Parliament, together with such comments as he may think fit to make.

Textual Amendments

F9 Word in s. 3(1) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(3)

[F10 4 Particular powers of the Commission. S

(1) The Commission shall have power—

(a) to issue guidance or advice, whether general or particular, to any person or organisation; and

(b) to conduct, or to collaborate with any person or organisation which is conducting—

(i) any research, inquiry or investigation into questions of practical or scientific importance; or

(ii) any experiment, trial or demonstration,

relating to the conservation, control or sustainable management of deer, or to any other aspect of the Commission’s functions.

(2) For the avoidance of doubt, it is provided that the Commission may exercise the powers conferred by subsection (1) above in relation to the general welfare of deer, in so far as that matter is not otherwise included in their functions under this Act.]

Textual Amendments

F10 S. 4 substituted (18.10.1996) by 1996 c. 44, ss. 3, 14(2)

5 Returns of numbers of deer killed. S

(1) The Commission for the purpose of any of their functions may by notice in writing served on the owner or occupier of any land require him to make a return in such form as the Commission may require showing the number of F11 . . . deer of each [F12 species and of each] sex which to his knowledge have been [F13 taken or]killed on the land during such period (not exceeding five years) immediately preceding the service of the notice as may be specified therein.

(2) If any person on whom a notice under the foregoing subsection has been served—

(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,

he shall be liable on summary conviction to a fine not exceeding [F14 level 3 on the standard scale] or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

Textual Amendments

F11 Words in s. 5(1) repealed (18.10.1996) by 1996 C. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(4)(a)(i), Sch. 2

F12 Words in s. 5(1) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(4)(a)(ii)

F13 Words in s. 5(1) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(4)(a)(iii)

F14 Words in s. 5(2) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(4)(b)

6 Power of Commission to deal with marauding deer. S

[F15 (1) Subject to the following provisions of this section, where the Commission are satisfied—

(a) that deer—

(i) are causing serious damage to woodland, to agricultural production (including any crops or foodstuffs); or

(ii) are causing injury to livestock whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or

(iii) constitute a danger or a potential danger to public safety;

(b) that the killing of the deer is necessary to prevent further such damage or injury or to remove the danger or potential danger; and

(c) that none of their other powers is adequate to deal with the situation,

they shall authorise in writing, subject to such conditions as may be specified in the authorisation, any person who in their opinion is competent to do so to follow and kill on such land as may be mentioned in the authorisation such deer as appear to that person to be causing the damage or injury or constituting the danger or potential danger.

(1A) Where, as mentioned in subsection (1)(a)(iii) above, deer constitute a danger or potential danger to public safety, and, in the opinion of the Commission or the person authorised by them, the killing of the deer would itself constitute a potential danger to public safety, the person authorised by the Commission shall instead take and remove the deer from the land in question by such means as are appropriate.]

(2) Where the Commission are satisfied that the deer [F16 mentioned in subsection (1) above] come from particular land, and that any person having the right to kill deer thereon will forthwith undertake the killing of the deer first-mentioned, the Commission shall make a request to that effect in writing to that person.

(3) Where any such request as aforesaid has been made to a person, the Commission shall not issue an authorisation under this section unless it appears to them that he has become unable or unwilling to comply with the terms of the request.

(4) An authorisation under this section shall remain in force from the date thereof for such period, not exceeding [F17 28] days, as may be specified in the authorisation.

(5) Where the Commission intend to issue any such authorisation as aforesaid, it shall be their duty to give as soon as practicable to any person who in their opinion is likely to be on any land mentioned therein such warning of their intention as they consider necessary to prevent danger to that person.

(6) It shall be the duty of the Commission to give to the owner of any land which is to be mentioned in an authorisation under this section such notice of their intention to issue that authorisation as may be practicable.

(7) Without prejudice to the general provisions of section sixteen of this Act relating to the service of notices, any notice to be served under this section on an owner of land shall, where an agent or servant is responsible for the management or the farming of the land, be duly served if served on the said agent or servant.

(8) The Commission may make in respect of the services of any person authorised by them [F18 under this section], not being one of their servants, such payment as may be agreed.

[F19 (9) Where any deer has been killed or taken and removed from land under an authorisation granted by the Commission under this section the Commission shall have power to dispose of it by sale or otherwise.]

Textual Amendments

F15 S. 6(1)(1A) substituted for s. 6(1) (18.10.1996) by 1996 c. 44, ss. 4(2), 14(2), Sch. 1 para. 1(5)

F16 Words in s. 6(2) substituted (18.10.1996) by 1996 c. 44, s. 13(1), 14(2), Sch. 1 para. 1(5)(a)

F17 Word substituted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 3(b)

F18 Words in s. 6(8) substituted (18.10.1996) by 1996 c. 44, s. 13(1), 14(2), Sch. 1 para. 1(5)(b)

F19 S. 6(9) inserted (18.10.1996) by 1996 c. 44, ss. 4(3), 14(2)

F21 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F21 S. 6A repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(6), Sch. 2

[F22 7 Control agreements and control schemes. S

(1) Subject to the following provisions of this section, where the Commission are satisfied that, on any land, deer—

(a) have caused, are causing, or are likely to cause—

(i) damage to woodland, to agricultural production, including any crops or foodstuffs, or, whether directly or indirectly, to the natural heritage generally; or

(ii) injury to livestock whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise;

or

(b) have become a danger or a potential danger to public safety,

and that for the prevention of further such damage, injury or, as the case may be, danger or potential danger, the deer in that locality should be reduced in number they shall form a preliminary view, having due regard to the nature and character of the land in question, as to what measures should be taken for that reduction in number; and, for the purposes of this section, “measures” includes the taking and removal of deer.

(2) For the purposes of subsection (1) above “the natural heritage” includes any alteration or enhancement of the natural heritage which is taking place, or is proposed to take place, either naturally or as a result of a change of use determined by the owner or occupier of the land in question; and “damage” shall be construed accordingly.

(3) Where it appears to the Commission that the circumstances obtaining in a particular area require the complete exclusion of all deer, or of all deer of any species, from that area, they may form the view that any deer within that area should be taken, removed or killed.

(4) Thereafter it shall be the duty of the Commission to consult with such owners or occupiers of land as the Commission consider to be substantially interested, to secure agreement—

(a) that measures require to be taken;

(b) as to what measures require to be taken, and within what time limit;

(c) as to who is to carry out such measures; and

(d) as to any other matters which appear to the Commission to be necessary for the purposes of such an agreement.

(5) Where agreement is reached on the matters mentioned in subsection (4) above the Commission shall draw up an agreement (a “control agreement”) specifying the parties to it, and any such control agreement may—

(a) describe the control area by reference to a map and specify the approximate extent of that area;

(b) specify the measures which are to be taken in relation to the deer in that area or any part thereof;

(c) specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part thereof, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part thereof;

(d) specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the agreement; and

(e) set out the time limits within which the owners or occupiers are to take any such measures,

and the Commission shall send a copy of the control agreement to all the persons who were involved in the consultation referred to in subsection (4) above.

(6) The Commission and any of the parties to a control agreement may agree at any time to vary its terms.

(7) Where the Commission are satisfied—

(a) that—

(i) it is not possible to secure a control agreement; or

(ii) a control agreement is not being carried out; and

(b) that—

(i) deer have caused and are causing serious damage to woodland or to agricultural production, including crops and foodstuffs, or serious damage, whether directly or indirectly, to the natural heritage, or serious injury to livestock however caused, or have become and remain a danger to public safety; and

(ii) action is necessary to prevent such serious damage, serious injury, or danger,

they shall make a scheme (a “control scheme”) for the carrying out of such measures as they consider necessary for the purposes of subsection (1) or (3) above; and any such scheme before it comes into operation shall require confirmation by the Secretary of State.

(8) Subsection (7) above does not apply in relation to any control agreement proposed or entered into for the purpose of altering or enhancing the natural heritage.

(9) In this Act the area to which a control agreement or a control scheme relates is, in relation to that agreement or, as the case may be, scheme, referred to as the “control area”.

(10) The Second Schedule to this Act has effect in relation to control schemes.]

Textual Amendments

F22 S. 7 substituted (18.10.1996) by 1996 c. 44, ss. 6, 14(2)

8 Contents of control schemes. S

(1) A control scheme shall—

(a) describe the control area by reference to a map and specify the approximate extent of that area;

[F23 (b) specify the measures which are to be taken in relation to the deer in that area or any part thereof;

(c) specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class of the deer to be killed in or taken and removed from the control area or any part thereof, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part thereof;]

(d) specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the foregoing provisions of this subsection;

(e) prescribe time limits within which the owners or occupiers are to take any such measures as aforesaid;

(f) include any incidental, consequential or supplemental provisions that may be necessary.

(2) A control scheme may specify different measures to be taken by different owners or occupiers of land in the control area, and may provide for the extension of any time limit prescribed therein.

(3) Nothing in the foregoing provisions of this section shall empower the Commission to impose on any owner or occupier of land a requirement to construct a fence on his land or on any part thereof against the movement of F24 . . . deer, and for the purposes of this section “fence” shall include any artificial obstruction.

Textual Amendments

F23 S. 8(1)(b)(c) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(7)(a)

F24 Words in s. 8(3) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(7)(b), Sch. 2

9 Liability of owners or occupiers under control schemes. S

(1) Where any control scheme has been confirmed, it shall be the duty of every owner or occupier of land to take such measures as the scheme may require of him in accordance with the provisions thereof.

(2) Any person who refuses or wilfully fails to comply with any requirement laid upon him by a scheme shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding [F25 level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Textual Amendments

F25 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (18.10.1996) by 1996 c. 44, s. 13(1), 14(2), Sch. 1 para. 1(8)

10 Enforcement of control schemes. S

If the Commission are of the opinion that any owner or occupier of land upon whom a requirement is laid by a control scheme has failed to carry out that requirement, it shall be the duty of the Commission to carry out the requirement if they are satisfied that it is still necessary so to do [F26 ; and where the carrying out of such a requirement involves the killing or taking of deer the Commission shall have power to dispose by sale or otherwise of any deer so killed or taken.].

Textual Amendments

F26 Words in s. 10 inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(9)

11 Recovery of expenses incurred under section 10. S

[F27 (1) Where any expenses incurred by the Commission in their performance of their duty under section 10 of this Act exceed the amount of the proceeds of the sale of any deer taken or killed in pursuance of that performance, the excess shall be recoverable from the owner or occupier concerned by the Commission.]

(2) The Commission shall furnish to any owner or occupier concerned a statement showing the expenses incurred in the [F28 performance of their duty under the said section 10], the amount received in respect of the sale of [F29 deer] and the amount recoverable from any owner or occupier under this section; and any owner or occupier who is aggrieved by such a statement may, within one month after such a statement has been furnished to him, appeal to the Scottish Land Court who may, if it appears to them equitable so to do, vary the amount recoverable from him.

(3) Nothing in the foregoing provisions of this section shall preclude the Commission, with the approval of the Secretary of State, from waiving the right to recover expenses incurred as aforesaid in any particular case.

F30 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 S. 11(1) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(10)(a)

F28 Words in s. 11(2) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(10)(b)(i)

F29 Word in s. 11(2) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(10)(b)(ii)

F30 S. 11(4) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(10)(c), Sch. 2

12 Power of Commission to provide services and equipment. S

(1) The Commission may by agreement with any owner or occupier of land assist in or undertake, whether in pursuance of a control [F31 agreement or] scheme or otherwise, the taking or killing of F32 . . . deer and the disposal of. . . F33 deer or their carcases; and the agreement may make provision for the providing of equipment by the Commission.

(2) Any agreement in pursuance of the last foregoing subsection shall, unless the Commission with the approval of the Secretary of State otherwise decide, provide for the payment of any expenses incurred by the Commission under the agreement.

Textual Amendments

F31 Words in s. 12(1) inserted (18.10.1996) by 1996 C. 44, ss. 13(1), 14(2), Sch. 1 para. 1(11)(a)

F32 Words in s. 12(1) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(11)(b), Sch. 2

F33 Word repealed by Deer (Amendment) (Scotland) Act 1982 (c. 19), Sch. 3

[F34 13 Deer killed under authority of Commission. S

Without prejudice to sections 6, 10, 11 and 12 of this Act, the Commission shall have no power to dispose of deer taken or killed under their authority.]

Textual Amendments

F34 S. 13 substituted (18.10.1996) by 1996 c. 44, ss. 7, 14(2)

14 Persons acting under this Part of this Act not required to obtain game licences. S

Any person authorised or required by the Commission to kill any F35 . . . deer under F35 . . . this Act shall not be required to obtain for that purpose a licence to kill game.

Textual Amendments

F35 Words in s. 14 repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(12), Sch. 2

15 Entry on land. S

(1) Any person duly authorised in writing by the Commission shall have power at all reasonable times to enter upon any land—

(a) in pursuance of any of the functions of the Commission under sections six, seven or ten of this Act;

(b) for the purpose of determining whether any of their functions under the said sections should be exercised;

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

[F36 (d) for the purpose of taking a census of F37 . . . deer in any area in pursuance of the F37 . . . functions of the Commission under section 1(1) of this Act.]

(2) Any person authorised as aforesaid by the Commission who proposes to exercise any power of entry conferred by this section shall, if so required, produce the written document authorising him so to do.

(3) Admission to any land under this section shall not be demanded as of right, unless notice has been given to the owner and the occupier of the land that it is proposed to enter during a period, specified in the notice, not exceeding one month and beginning at least fourteen days after the giving of the notice, and entry is made on the land during the period specified in the notice:

Provided that this subsection shall not apply to any person acting in pursuance of any of the functions of the Commission under section six of this Act.

Textual Amendments

F36 S. 15(1)(d) added by Deer (Amendment) (Scotland) Act 1967 (c. 37), s. 1

F37 Words in s. 15(1)(d) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(13), Sch. 2

16 Service of notices. S

(1) Subject to the provisions of this section, any notice for the purposes of this Act shall be in writing, and any notice or other document required or authorised by or under this Act to be given to or served on any person shall be duly given or served if it is delivered to him or left at his proper address or sent to him by post.

(2) Any such notice or other document required or authorised to be served on any person for the purposes of this Act shall be duly served, if that person is an incorporated company or body, if it is served on the clerk or secretary of that company or body.

(3) For the purposes of this section and [F38 section seven of the M1 Interpretation Act 1978], the proper address of any person on whom any such notice or document is to be served shall, in the case of the clerk or secretary of any incorporated company or body, be that of the registered or principal office of such company or body, and in any other case be the last known address of the person in question.

(4) Where any notice or other document is to be given to or served on a person as being the person having any interest in land and it is not practicable after reasonable inquiry to ascertain his name or address, the notice or document may be given or served by addressing it to him by the description of the person having that interest in the land (naming it) and delivering the notice or document to some responsible person on the land or by affixing it, or a copy of it, to some conspicuous object on the land.

(5) Nothing in this section shall require the Commission to give written notice of their intention to issue an authorisation in pursuance of section six of this Act.

Textual Amendments

F38 Words in s. 16(3) substituted (18.10.1996) by virtue of 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(14)

Marginal Citations

M1 1978 c. 30.

17 Offences in relation to execution of this Part of this Act. S

A person who wilfully obstructs any person acting in the execution of this Part of this Act or of any authorisation issued thereunder shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F39 level 3 on the standard scale] or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

Textual Amendments

F39 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(15)

18 Financial provisions. S

(1) The expenses of the Commission shall be defrayed by the Secretary of State, and any sums received by them shall be paid to the Secretary of State.

(2) All expenses incurred by the Secretary of State under the provisions of this Act shall be defrayed out of moneys provided by Parliament, and any sums received by him under the provisions of the last foregoing subsection shall be paid into the Exchequer.

19 Saving of right to compensation for damage by red deer. S

Nothing in the foregoing provisions of this Act or anything done thereunder shall preclude any occupier of any land from recovering any compensation for damage caused by F40 . . . deer which he would have been entitled to recover if this Act had not been passed.

Textual Amendments

F40 Words in s. 19 repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(16), Sch. 2

F41 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F41 S. 20 repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(17), Sch. 2