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Deer (Scotland) Act 1959 (repealed 18.11.1996)
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Changes over time for: Section 23
Version Superseded: 19/11/1996
Alternative versions:
- 01/02/1991- Amendment
- 18/10/1996- Amendment
- 18/10/1996
Point in time - Stop date 19/11/1996- Amendment
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There are currently no known outstanding effects for the Deer (Scotland) Act 1959 (repealed 18.11.1996), Section 23.
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23 Unlawful taking or killing of deer.S
(1)Subject to section thirty-three [F1or 33A] of this Act, any person who takes or wilfully kills [F2or injures] deer between the expiration of the first hour after sunset and the commencement of the last hour before sunrise shall be guilty of an offence.
(2)Subject to section thirty-three of this Act, it shall be an offence [F3wilfully to] kill [F4or injure] deer otherwise than by shooting, and shooting for the purposes of this section means discharging a firearm, [F5of a class prescribed in an order under section 23A(1) of this Act].
[F6(2A) Subject to subsection (2B) below and section 33(1) of this Act, if any person—
(a)discharges any firearm, or discharges or projects any missile, from any [F7moving vehicle] at any deer; or
(b)notwithstanding the provisions of [F8subsection (5) below] uses any aircraft for the purpose of transporting any live deer other than in the interior of the aircraft,
he shall be guilty of an offence.
(2B)Nothing in subsection (2A)(b) above shall make unlawful anything done by, or under the supervision of, a veterinary surgeon or practitioner.
(2C)In subsection (2B) above “veterinary practitioner” means a person who is for the time being registered in the supplementary register, and “veterinary surgeon” means a person who is for the time being registered in the register of veterinary surgeons.]
(3)Any person guilty of an offence against [F9subsection (1), (2) or (2A)] of this section shall be liable on summary conviction to a fine not exceeding [F10[F11level 4 on the standard scale] for each deer in respect of which the offence was committed] or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment [F12and to the forfeiture of any deer illegally taken or killed by him or in his possession at the time of the offence].
[F13(3A) [F14Subject to section 33A of this Act,]Any person who uses a vehicle to drive deer on [F15any] land with the intention of taking, killing or injuring them shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F11level 4 on the standard scale] or to imprisonment for a term not exceeding 3 months or to both.]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
(5)Nothing in the provisions of this section shall be construed as prohibiting a person having a legal right to take deer on any land, or a person with permission in writing from any such person as aforesaid, from taking a deer F17. . . on that land in any manner which does not cause it unnecessary suffering.
Textual Amendments
F1Words in s. 23(1) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(19)(a)
F2Words inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 6(d)
F3Words in s. 23(2) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(19)(b)(i)
F4Words inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 6(a)
F5Words in s. 23(2) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(19)(b)(ii)
F6S. 23(2A)—(2C) inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 8(1)
F7Words in s. 23(2A)(a) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(19)(c)(i)
F8Words in s. 23(2A)(b) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(19)(c)(ii)
F9Words substituted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 8(2)
F10Words substituted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 14(1), Sch. 1
F11Words in s. 23(3)(3A) 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(19)(d)(e)(iii)
F12Words added by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 14(1), Sch. 1
F13S. 23(3A) inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 9
F14Words in s. 23(3A) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(19)(e)(i)
F15Word in s. 23(3A) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(19)(e)(ii)
F16Ss. 23(4), 29 repealed by Deer (Amendment) (Scotland) Act 1982 (c. 19), Sch. 3
F17Word in s. 23(5) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(19)(f), Sch. 2
Modifications etc. (not altering text)
C1S. 23(3A) amended (18.10.1996) (temp.) by 1996 c. 44, ss. 10(3), 14(2)
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