Deer (Scotland) Act 1959 (repealed 18.11.1996)

Part V S

Supplementary S

F1 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 S. 32 repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(29), Sch. 2

33 Exemptions for certain acts. S

(1) A person shall not be guilty of any offence against this Act or any order made thereunder in respect of any act done for the [F2 purpose of preventing suffering by an injured or diseased deer, or by any deer calf [F3 , fawn or kid]deprived [F4 , or about to be deprived,] of its mother]

[F5 (2)Where a person performs an act under the authority of or at the request of the Commission in pursuance of section 6 of this Act or in pursuance of a control [F6 agreement or] scheme he shall not by reason of that act be liable to be proceeded against for an offence against this Act, except that—

(a) where the person is an officer or servant of the Commission performing an act as aforesaid in pursuance of the said section 6, and the act constitutes an offence against section 23(2) of this Act, or

(b) where the person is any such officer or servant performing an act as aforesaid in pursuance of a control [F6 agreement or] scheme, and the act constitutes an offence against either subsection (1) or (2) of the said section 23, or

(c) in the case of any other person performing an act for either of the purposes mentioned in the two last foregoing paragraphs, if the act constitutes an offence against either of the said subsections,

he shall be so liable [F6 ; and for the purposes of paragraphs (a) and (b) above “officer or servant of the Commission” includes any person engaged by the Commission under a contract for services.]

[F7 (3) Notwithstanding [F8 section 21(5) of this Act], or anything in any agreement between an occupier of agricultural land or of enclosed woodlands and the owner thereof, it shall be lawful for—

(a) the owner in person, provided that he is duly authorised in writing by the occupier for that purpose;

(b) the owner’s servants in his ordinary service, provided that they are duly authorised in writing by the occupier for that purpose;

(c) the occupier in person;

(d) the servants of the occupier in his ordinary service on the land or other persons normally resident on the land provided that they are duly authorised in writing by the occupier for that purpose; or

(e) any other person approved in writing by the Commission as a fit and competent person for the purpose who has been duly authorised in writing by the occupier for that purpose

to take or kill, and to sell or otherwise dispose of [F8 any deer found, as the case may be, on—

(i) arable land, improved permanent pasture (other than moorland) and land which has been regenerated so as to be able to make a significant contribution to the productivity of a holding which forms part of that agricultural land; or

(ii) on enclosed woodland,

where the occupier has reasonable ground for believing that serious damage will be caused to crops, pasture or human or animal foodstuffs on that agricultural land, or to that woodland, if the deer are not taken or killed.]

(3A) Any authority given under subsection (3) above shall expire—

(a) at the end of such period as the occupier may specify in it;

(b) when a person to whom paragraph (b) or (d) of that subsection applies ceases to be normally resident or in the owner’s or, as the case may be, occupier’s ordinary service;

(c) where paragraph (e) of that subsection applies, at the end of the period specified in the Commission’s approval; or

(d) if the occupier revokes the authority.

F9 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words substituted by Deer (Amendment) (Scotland) Act 1967 (c. 37), s. 2(1)

F3 Words inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 12

F4 Words in s. 33(1) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(30)(a)

F5 S. 33(2)(3) substituted by Deer (Amendment) (Scotland) Act 1967 (c. 37), s. 2(2)

F6 Words in s. 33(2) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(30)(b)

F7 S. 33(3)(3A)(3B)(4)(4A)—(4E) substituted for s. 33(3)(4) by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 13(1)

F8 Words in s. 33(3) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(30)(c)

F9 S. 33(3B)-(5) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(32)(d), Sch. 2

[F10 33A Authorisation by Commission of certain acts. S

(1) Where a person does any act, in accordance with an authorisation given under subsection (2) or (3) below, which would otherwise be an offence under subsection (1) or (3A) of section 23 of this Act, he shall not be guilty of an offence under the said section 23.

(2) Notwithstanding anything in any agreement between an occupier of agricultural land or of woodland and the owner thereof, but subject to subsections (7) to (10) below, the Commission may authorise such an occupier or any person nominated in writing by such an occupier to take or kill, and to sell or otherwise dispose of, any deer on any such land or woodland during the period specified in section 23(1) of this Act, where they are satisfied that the taking or killing is necessary to prevent serious damage to crops, pasture, human or animal foodstuffs, or to woodland, and no other means of control which might reasonably be adopted in the circumstances would be adequate.

(3) Subject to subsections (7) to (10) below, the Commission may authorise the owner of any land which deer are on, or any person nominated in writing by him, to use any vehicle to drive deer in order to take or kill them for the purposes of deer management; and, for the purposes of this section—

• “deer management” does not include driving deer in the course of any sporting activity, and

• “vehicle” does not include any aircraft or hovercraft.

(4) Where a person does any act, in accordance with an authorisation given under subsection (5) or (6) below, which would otherwise be an offence under section 21(5) of this Act, he shall not be guilty of that offence.

(5) Without prejudice to section 33(3) of this Act, notwithstanding anything in any agreement between an occupier of land and the owner thereof and subject to subsections (7) to (10) below, the Commission may authorise the owner or occupier of any land or any person nominated in writing by either of them to take or kill, and to sell or otherwise dispose of, any deer found on that land during the period specified in relation to that species and sex of deer in an order under section 21 of this Act, where they are satisfied that the taking or killing is necessary—

(a) to prevent serious damage to any unenclosed woodland which forms part of that land, or serious damage, whether direct or indirect, to the natural heritage generally; or

(b) in the interests of public safety,

and no other means of control which might reasonably be adopted in the circumstances would be adequate.

(6) Subject to subsections (7) to (10) below, the Commission may, for any scientific purpose, authorise any person to take or kill deer during the period specified in relation to that species and sex of deer in an order under section 21 of this Act.

(7) The Commission shall not grant an authorisation under subsection (2), (3), (5) or (6) above unless they are satisfied that the person concerned is a fit and competent person to receive an authorisation under that subsection.

(8) An authorisation shall—

(a) be in writing; and

(b) specify the duration of its validity.

(9) No authorisation shall be granted under subsection (2) or (3) above unless a relevant code has been published under subsection (11) below, and any such authorisation shall contain a condition that the person concerned shall comply with the relevant provisions of any such code.

(10) An authorisation may contain such conditions, other than that mentioned in subsection (9) above, as the Commission thinks fit.

(11) 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,

to which they shall have regard when exercising their power under subsection (2) or, as the case may be, (3) above.]

Textual Amendments

F10 S. 33A inserted (18.10.1996) by 1996 c. 44, ss. 10(1), 14(2)

Modifications etc. (not altering text)

C1 S. 33A(11)(a) extended (18.10.1996) by 1996 c. 44, ss. 10(2), 14(2)

[F11 33B Information to be supplied to owner of certain land. S

– The occupier of any agricultural land or enclosed or unenclosed woodland shall supply, as soon as practicable after being requested to do so by the owner of the land, information to the owner as to the number, sex and species of deer taken or killed by him or by any other person, other than the owner or his servants in ordinary service, authorised or nominated by him under or by virtue of section 33(3) or section 33A(2) or (5) of this Act within the period of twelve months immediately preceding the request.]

Textual Amendments

F11 S. 33B inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(31)

34 Application of Act to the Crown. S

This Act shall apply to land an interest in which belongs to Her Majesty in right of the Crown and land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department; but in its application to any land an interest in which belongs or is held as aforesaid this Act shall have effect subject to such modifications as may be prescribed by regulations made by the Secretary of State under this Act.

[F12 34A Farmed deer. S

(1) Subject to subsections (2) to (4) below, this Act does not apply in respect of farmed deer.

(2) The following provisions of this Act apply as respects farmed deer—

(a) subsection (2) of section 23, and subsections (3) and (5) of that section in so far as they apply in relation to offences committed against subsection (2);

(b) section 23A;

(c) section 25AA;

(d) Part IIIA; and

(e) section 35A.

(3) The provisions of Part IV of this Act shall apply in respect of an offence committed by virtue of subsection (2) above.

(4) In this section “farmed deer” means deer of any species which are on agricultural land enclosed by a deer-proof barrier and are kept on that land by any person as livestock.]

Textual Amendments

F12 S. 34A inserted (18.10.1996) by 1996 c. 44, ss. 11, 14(2)

35 Orders, regulations, etc. S

(1) [F13 Subject to section 23A(4) of this Act,] any order or regulations made under this Act shall be embodied in a statutory instrument which shall be subject to annulment in pursuance of a resolution by either House of Parliament.

(2) Any order made under this Act may be varied or revoked by a subsequent order made in the like manner.

Textual Amendments

F13 Words inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), Sch. 2 para. 3

[F14 35A Interpretation. S

(1) In this Act, unless the context otherwise requires—

• “agricultural land” has the meaning given by the M1 Agricultural Holdings (Scotland) Act 1991;

• “ammunition” and “firearm” have the meanings respectively given in the M2 Firearms Act 1968;

• “animal foodstuffs”, for the purposes of sections 33(3) and 33A(2) of this Act, includes foodstuffs intended for consumption by farmed deer;

• “control agreement”, “control area” and “control scheme” have the meanings respectively given by section 7 of this Act;

• “deer” means fallow deer, red deer, roe deer and sika deer and any other species of deer specified in an order made under subsection (2) below and includes any hybrid of those species and, where appropriate, the carcase of any deer or any part thereof;

• “deer management” includes the management of deer for sporting purposes;

• “deer proof barrier” means a barrier which will, having regard to the character and nature of the land, prevent the entry of deer on to or, as the case may be, the escape of deer from any land;

• “enclosed” means enclosed by a stock-proof fence or other barrier, and “unenclosed” shall be construed accordingly;

• “fallow deer” means deer of the speciesDama dama;

• “farmed deer” has the meaning given in section 34A of this Act;

• “functions” includes powers and duties;

• “land” does not include a dwelling house or any yard, garden, outhouses and pertinents belonging thereto or usually enjoyed therewith;

• “livestock” has the meaning given by the M3 Agriculture (Miscellaneous Provisions) Act 1968 and, for the purposes of sections 6 and 7 of this Act, includes farmed deer;

• “natural heritage” includes flora and fauna, geological and physiographical features and the natural beauty and amenity of the countryside;

• “occupier” in relation to any land includes any tenant or sub-tenant, whether in actual occupation of the land or not;

• “owner” in relation to any land includes any person who under the Land Clauses Acts would be enabled to sell and convey the land to promoters of an undertaking;

• “red deer” means deer of the speciesCervus elaphus;

• “roe deer” means deer of the speciesCapreolus capreolus;

• “sika deer” means deer of the speciesCervus nippon;

• “species” includes any hybrid of different species of deer;

• “take”, in relation to deer, means take alive, and cognate expressions shall be construed accordingly;

• “vehicle” includes an aircraft, hovercraft or boat; and

• “woodland” means land on which trees are grown, whether or not commercially, and includes any such trees and any vegetation planted or growing naturally among such trees on that land.

(2) The Secretary of State may, by order made by statutory instrument, specify other species of deer which are to be “deer” for the purposes of subsection (1) above.]

Textual Amendments

F14 S. 35A inserted (18.10.1996) by 1996 c. 44, ss. 12, 14(2)

Marginal Citations

M1 1991 c.55.

M2 1968 c.27.

M3 1968 c.34.

36 F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F15 S. 36 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt.XI

37 Short title, extent and commencement. S

(1) This Act may be cited as the Deer (Scotland) Act 1959.

(2) This Act, F16 , shall extend to Scotland only.

(3) This Act, except where otherwise expressly provided, shall come into force at the expiry of one month beginning with the date of its passing.

Textual Amendments

F16 Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

Supplementary S

F1 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 S. 32 repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(29), Sch. 2

33 Exemptions for certain acts. S

(1) A person shall not be guilty of any offence against this Act or any order made thereunder in respect of any act done for the [F2 purpose of preventing suffering by an injured or diseased deer, or by any deer calf [F3 , fawn or kid]deprived [F4 , or about to be deprived,] of its mother]

[F5 (2)Where a person performs an act under the authority of or at the request of the Commission in pursuance of section 6 of this Act or in pursuance of a control [F6 agreement or] scheme he shall not by reason of that act be liable to be proceeded against for an offence against this Act, except that—

(a) where the person is an officer or servant of the Commission performing an act as aforesaid in pursuance of the said section 6, and the act constitutes an offence against section 23(2) of this Act, or

(b) where the person is any such officer or servant performing an act as aforesaid in pursuance of a control [F6 agreement or] scheme, and the act constitutes an offence against either subsection (1) or (2) of the said section 23, or

(c) in the case of any other person performing an act for either of the purposes mentioned in the two last foregoing paragraphs, if the act constitutes an offence against either of the said subsections,

he shall be so liable [F6 ; and for the purposes of paragraphs (a) and (b) above “officer or servant of the Commission” includes any person engaged by the Commission under a contract for services.]

[F7 (3) Notwithstanding [F8 section 21(5) of this Act], or anything in any agreement between an occupier of agricultural land or of enclosed woodlands and the owner thereof, it shall be lawful for—

(a) the owner in person, provided that he is duly authorised in writing by the occupier for that purpose;

(b) the owner’s servants in his ordinary service, provided that they are duly authorised in writing by the occupier for that purpose;

(c) the occupier in person;

(d) the servants of the occupier in his ordinary service on the land or other persons normally resident on the land provided that they are duly authorised in writing by the occupier for that purpose; or

(e) any other person approved in writing by the Commission as a fit and competent person for the purpose who has been duly authorised in writing by the occupier for that purpose

to take or kill, and to sell or otherwise dispose of [F8 any deer found, as the case may be, on—

(i) arable land, improved permanent pasture (other than moorland) and land which has been regenerated so as to be able to make a significant contribution to the productivity of a holding which forms part of that agricultural land; or

(ii) on enclosed woodland,

where the occupier has reasonable ground for believing that serious damage will be caused to crops, pasture or human or animal foodstuffs on that agricultural land, or to that woodland, if the deer are not taken or killed.]

(3A) Any authority given under subsection (3) above shall expire—

(a) at the end of such period as the occupier may specify in it;

(b) when a person to whom paragraph (b) or (d) of that subsection applies ceases to be normally resident or in the owner’s or, as the case may be, occupier’s ordinary service;

(c) where paragraph (e) of that subsection applies, at the end of the period specified in the Commission’s approval; or

(d) if the occupier revokes the authority.

F9 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words substituted by Deer (Amendment) (Scotland) Act 1967 (c. 37), s. 2(1)

F3 Words inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 12

F4 Words in s. 33(1) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(30)(a)

F5 S. 33(2)(3) substituted by Deer (Amendment) (Scotland) Act 1967 (c. 37), s. 2(2)

F6 Words in s. 33(2) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(30)(b)

F7 S. 33(3)(3A)(3B)(4)(4A)—(4E) substituted for s. 33(3)(4) by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 13(1)

F8 Words in s. 33(3) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(30)(c)

F9 S. 33(3B)-(5) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(32)(d), Sch. 2

34 Application of Act to the Crown. S

This Act shall apply to land an interest in which belongs to Her Majesty in right of the Crown and land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department; but in its application to any land an interest in which belongs or is held as aforesaid this Act shall have effect subject to such modifications as may be prescribed by regulations made by the Secretary of State under this Act.

35 Orders, regulations, etc. S

(1) [F13 Subject to section 23A(4) of this Act,] any order or regulations made under this Act shall be embodied in a statutory instrument which shall be subject to annulment in pursuance of a resolution by either House of Parliament.

(2) Any order made under this Act may be varied or revoked by a subsequent order made in the like manner.

Textual Amendments

F13 Words inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), Sch. 2 para. 3

36 F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F15 S. 36 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt.XI

37 Short title, extent and commencement. S

(1) This Act may be cited as the Deer (Scotland) Act 1959.

(2) This Act, F16 , shall extend to Scotland only.

(3) This Act, except where otherwise expressly provided, shall come into force at the expiry of one month beginning with the date of its passing.

Textual Amendments

F16 Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3