Deer (Scotland) Act 1959 (repealed 18.11.1996)

[F1 PART iiia S Licensing of Dealing in Venison]

Textual Amendments

F1 Pt. IIIA (ss. 25A-25F) inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), ss. 11, 16(4)

25A Licences to deal in venison. S

(1) An islands or district council may grant to any person whom they consider fit a licence to deal in venison (to be known as a “venison dealer’s licence”).

(2) The Secretary of State shall have power by order to regulate applications for venison dealers’ licences and the manner in which they are to be dealt with (including power to authorise islands and district councils to charge fees in respect of such applications); and also to regulate the procedure by which venison dealers’ licences may be surrendered, and the procedure for handing in of licences where a court has ordered their forfeiture or the holders have ceased to deal in venison; and in that regard he may apply any provision of Schedule 1 to the Civic Government (Scotland) Act 1982, as he thinks fit.

(3) A venison dealer’s licence shall be valid for 3 years (unless the dealer has been disqualified from holding a licence by reason of his conviction of an offence under this Act), and may be renewed provided that he is not at the time of application subject to such disqualification.

(4) Every islands or district council which grants a venison dealer’s licence shall cause to be sent to the Commission as soon as may be a copy of the licence.

(5) Every islands or district council by whom venison dealers’ licences are granted shall, as soon as may be after the first day of January in each year, make a return to the Commission of the names and addresses of the persons who on that day held venison dealers’ licences issued by the council.

25B Records. S

(1) Every licensed venison dealer shall keep a book wherein shall be entered records in the prescribed form of all purchases and receipts of venison by him and shall enter in such book forthwith the prescribed particulars of such purchases and receipts.

(2) Any person authorised in writing in that behalf by the Secretary of State or by the Commission and showing his written authority when so requested, or any constable, may inspect any book kept in pursuance of this section and it shall be the duty of the dealer to produce for inspection by such authorised person or constable such book and also all venison in the dealer’s possession or under his control, or on premises or in vehicles under his control, together with all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) which may be required to verify any entry in such book, and to allow such authorised person or constable to take copies of such book or document or extracts therefrom.

(3) Every book kept in pursuance of subsection (1) above shall be kept until the end of the period of three years beginning with the day on which the last entry was made in the book and any such documents as are mentioned in subsection (2) above shall be kept for a period of three years beginning with the date of the entry to which they refer.

(4) For the purposes of this section “prescribed” means prescribed by order.

25C Reciprocal provisions. S

A licensed venison dealer who has purchased or received venison from another licensed venison dealer or from a licensed game dealer within the meaning of section 2(4) of the M1 Deer Act 1980 shall be deemed to have complied with the requirements of the preceding section of this Act if he has recorded in his record book—

(a) that the venison was so purchased or received;

(b) the name and address of the other licensed venison dealer or of the licensed game dealer concerned;

(c) the date when the venison was so purchased or received;

(d) the number of carcases and sex of the venison; and

(e) the species of deer, provided that it is possible to identify it.

Marginal Citations

M1 1980 c. 49.

25D Offences. S

(1) It shall be an offence for any person to sell, offer or expose for sale or have in his possession, transport or cause to be transported for the purpose of sale at any premises any venison unless he is a licensed venison dealer or he does so for the purpose of selling to a licensed venison dealer, or he has purchased the venison from a licensed venison dealer.

(2) A person who is guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding [F2 level 3 on the standard scale].

(3) If any person sells, offers or exposes for sale, or has in his possession for the purpose of sale at any premises, or transports for the purpose of sale, or purchases or offers to purchase or receives, the carcase or any part of the carcase of a deer which he knows or has reason to believe has been killed unlawfully, he shall be guilty of an offence.

(4) A person who is guilty of an offence under subsection (3) above shall be liable on summary conviction to a fine not exceeding [F2 level 4 on the standard scale] or to imprisonment for a term not exceeding 3 months or to both.

(5) Any licensed venison dealer who fails to comply with any provision of section 25B of this Act, or who knowingly or recklessly makes in any book or document which he is required to keep under that section an entry which is false or misleading in any material particular, shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F2 level 2 on the standard scale].

(6) Any person who obstructs a person entitled under section 25B(2) of this Act to inspect any book or document or other thing in the making of such inspection shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F2 level 3 on the standard scale].

(7) The court by which any person is convicted of an offence under Part III or IIIA of this Act may disqualify him from holding or obtaining a venison dealer’s licence for such period as the court thinks fit.

(8) In subsection (1) above “licensed venison dealer” means the holder of a venison dealer’s licence granted by the islands or district council within whose area the sale, offer or exposure for sale takes place, or where the premises concerned are situated.

Textual Amendments

F2 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

25E Transitional provision. S

Notwithstanding the coming into force of section 11 of the Deer (Amendment) (Scotland) Act 1982, sections 25B and 25C and subsections (1), (2), (5), (6) and (8) of section 25D of this Act shall not apply to a registered venison dealer within the meaning of the M2 Sale of Venison (Scotland) Act 1968 until whichever is the earlier of—

(a) the date on which a venison dealer’s licence is granted to that dealer;

(b) the expiry of 12 months after the commencement of the said section 11,

and the said Act of 1968 shall continue to have effect in relation to such a registered venison dealer during the said period notwithstanding its repeal by the said Act of 1982.

Marginal Citations

M2 1968 c. 38.

25F Interpretation of Part IIIA. S

In this Part of this Act—

• “deer” means deer of any species;

• “sale” includes barter, exchange, and any other transaction by which venison is disposed of for value;

• “venison” means the carcase or any edible part of the carcase of a deer.