Deer (Scotland) Act 1959 (repealed 18.11.1996)

[F1 PART iiiaF11 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)

Textual Amendments applied to the whole legislation

F11 Act repealed (18.11.1996) by 1996 c. 58, s. 48(2)(6), Sch. 5 (with s. 43(1))

25A Licences to deal in venison. S

(1) [F2 A] 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 F3 . . . 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 F3 . . . 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 F3 . . . 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.

Textual Amendments

F2 Word in s. 25A substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 53(2)(a); S.I. 1996/323, art. 4(1)(c)

F3 Words in s. 25A(2)(4)(5) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 53(2)(b)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)

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 [F4 section 10(5) of the Deer Act 1991] 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.

Textual Amendments

F4 Words in s. 25C substituted (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3), ss. 17(5), 18(3)

25D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 25E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F7 S. 25E repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(23), Sch. 2

25F Interpretation of Part IIIA. S

In this Part of this Act—

• [F8 “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;]

• [F9 “deer” means deer of any species, whether or not deer within the meaning of section 35A(1) of this Act, and includes farmed deer;]

• “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.

Textual Amendments

F8 Definition inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 53(4); S.I. 1996/323, art. 4(1)(c)

F9 Definition substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(24)

Textual Amendments

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

Textual Amendments applied to the whole legislation

F11 Act repealed (18.11.1996) by 1996 c. 58, s. 48(2)(6), Sch. 5 (with s. 43(1))

[F10 PART iiiaF11 S Licensing of Dealing in Venison]

Textual Amendments

F10 Pt. IIIA (ss. 25A-25F) inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), ss. 11, 16(4)

Textual Amendments applied to the whole legislation

F11 Act repealed (18.11.1996) by 1996 c. 58, s. 48(2)(6), Sch. 5 (with s. 43(1))

25A Licences to deal in venison. S

(1) [F2 A] 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 F3 . . . 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 F3 . . . 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 F3 . . . 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.

Textual Amendments

F2 Word in s. 25A substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 53(2)(a); S.I. 1996/323, art. 4(1)(c)

F3 Words in s. 25A(2)(4)(5) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 53(2)(b)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)

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 [F4 section 10(5) of the Deer Act 1991] 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.

Textual Amendments

F4 Words in s. 25C substituted (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3), ss. 17(5), 18(3)

25D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 25E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F7 S. 25E repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(23), Sch. 2

25F Interpretation of Part IIIA. S

In this Part of this Act—

• [F8 “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;]

• [F9 “deer” means deer of any species, whether or not deer within the meaning of section 35A(1) of this Act, and includes farmed deer;]

• “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.

Textual Amendments

F8 Definition inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 53(4); S.I. 1996/323, art. 4(1)(c)

F9 Definition substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(24)