With effect from the coming into force of this section—and, accordingly, for subsection (1) of section 1 (general functions of the Commission) of the Deer (Scotland) Act 1959 (in this Act referred to as “the principal Act”) there shall be substituted—.
the name of the Red Deer Commission shall be changed to the “Deer Commission for Scotland”; and
certain changes shall be made to the functions of the Commission,
In subsection (3) of that section—
after the words “The Commission shall” there shall be inserted the words “ be appointed by the Secretary of State and ”; and
for the words from “twelve” to “subsection” there shall be substituted the words “ 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 ”.
After subsection (3) there shall be inserted the following subsections—.
Subsections (4) and (5) of that section shall cease to have effect.
In section 2(1) of the principal Act (appointment of panels), for the words from the beginning to the words “quorum, and” there shall be substituted the following words—.
For section 4 of the principal Act (particular powers of the Commission) there shall be substituted the following section—.
Section 6 of the principal Act (power of Commission to authorise killing of deer causing damage) shall be amended in accordance with this section.
For subsection (1) there shall be substituted the following subsections—.
After subsection (8) there shall be inserted the following subsection—.
After section 6 of the principal Act there shall be inserted the following section—.
For section 7 of the principal Act (control schemes), there shall be substituted the following section—.
For section 13 of the principal Act (power of Commission to dispose of carcases) there shall be substituted the following section—.
For section 21 of the principal Act (close seasons) there shall be substituted the following section—.
For section 25 of the principal Act (unlawful possession of deer and firearms) there shall be substituted the following sections—.
After section 33 of the principal Act there shall be inserted the following section—.
Where on the commencement of this section a code has been published under section 33(4D) of the principal Act, that code shall be treated, after that commencement, as if it had been published under section 33A(11)(a) of that Act.
Until a code is published under section 33A(11)(b) of the principal Act (which is inserted by subsection (1) above), section 23(3A) of that Act shall have effect as if for the word “any”, in the second place where it occurs, there is substituted the word “ unenclosed ”.
After section 34 of the principal Act there shall be inserted the following section—.
After section 35 of the principal Act, there shall be inserted the following section—.
Schedule 1 to this Act, which contains minor amendments and amendments consequential upon the provisions of this Act, shall have effect.
The enactments mentioned in Schedule 2 to this Act (which includes spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Deer (Amendment) (Scotland) Act 1996.
This Act shall come into force at the end of the period of three months beginning with the day on which this Act is passed.
Until an order in relation to red deer stags and hinds is made under section 21 of the principal Act (close seasons), as substituted by section 8 of this Act, the period for the purposes of subsection (1) of the said section 21 for—
such stags shall be the period commencing on the twenty-first day of October and ending on the thirtieth day of June; and
such hinds shall be the period commencing on the sixteenth day of February and ending on the twentieth day of October.
Minor and Consequential Amendments
The Deer (Scotland) Act 1959 (c.40)
The principal Act shall be amended as follows.
In section 2 (appointment of panels), subsections (3) and (4) shall cease to have effect.
In section 3(1) (duty of Commission to advise the Secretary of State), for the words from “red” to “State” there shall be substituted the word “ deer ”.
In section 5 (returns as to numbers of deer killed)—
in subsection (1)—
the words “red deer or sika” shall cease to have effect;
after the word “each”, there shall be inserted the words “ species and of each ”;
after the word “been” there shall be inserted the words “ taken or ”; and
in subsection (2), for the words “£200”, there shall be substituted the words “ level 3 on the standard scale ”.
In section 6 (power of Commission to deal with marauding deer)—
in subsection (2), for the words “which appear to be causing damage as aforesaid” there shall be substituted the words “ mentioned in subsection (1) above ”; and
in subsection (8), for the words “to follow and kill deer as aforesaid” there shall be substituted the words “ under this section ”.
Section 6A (further power of Commission to deal with marauding deer) shall cease to have effect.
In section 8 (content of control schemes)—
in subsection (1), for paragraphs (b) and (c) there shall be substituted the following paragraphs—; and
in subsection (3), the words “red deer or sika” shall cease to have effect.
In section 9(2) (penalty for refusal to comply with control scheme), for the words “£500” there shall be substituted the words “ level 4 on the standard scale ”.
In section 10 (enforcement of control schemes), at the end there shall be inserted the following words “ ; 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. ”.
In section 11 (expenses of control scheme not recouped through sale of carcases to be recoverable from owner concerned)—
for subsection (1) there shall be substituted the following subsection—;
in subsection (2)—
for the words “exercise of their functions as aforesaid” there shall be substituted the words “ performance of their duty under the said section 10 ”; and
for the word “carcases” there shall be substituted the word “ deer ”; and
subsection (4) shall cease to have effect.
In section 12(1) (power of Commission to assist in killing or taking of deer)—
after the word “control” there shall be inserted the words “ agreement or ”; and
the words “red deer or sika” shall cease to have effect.
In section 14 (provision as to game licences), the words “red deer or sika” and the words “the provisions of this Part of” shall cease to have effect.
In section 15(1)(d) (power to enter on land for purposes of census), the words “red deer or sika” and the word “general” shall cease to have effect.
In section 16(3) (address for service), for the words “section twenty-six of the Interpretation Act 1889”, there shall be substituted the words “ section 7 of the Interpretation Act 1978 ”.
In section 17 (penalty for obstructing execution of Act), for the words “£200” there shall be substituted the words “ level 3 on the standard scale ”.
In section 19 (saving for rights of compensation), the words “red deer or sika” shall cease to have effect.
Section 20 shall cease to have effect.
In section 22 (penalties for poaching)—
in subsection (1), after the words “legal right” there shall be inserted the words “ to take or kill deer ”;
the proviso to subsection (1) shall cease to have effect; and
for the words “£500” in both places where they occur, there shall be substituted the words “ level 4 on the standard scale ”.
In section 23 (offences connected with deer)—
in subsection (1), after the words “section thirty-three”, there shall be inserted the words “ or 33A ”;
in subsection (2)—
for the words “to take or wilfully” there shall be substituted the words “ wilfully to ”; and
for the words from “as” to the end of that subsection there shall be substituted the words “ of a class prescribed in an order under section 23A(1) of this Act ”;
in subsection (2A)—
in paragraph (a), for the word “aircraft” there shall be substituted the words “ moving vehicle ”; and
in paragraph (b), for the words “section 23(5) of this Act”, there shall be substituted the words “ subsection (5) below ”;
in subsection (3), for the words “£500” there shall be substituted the words “ level 4 on the standard scale ”; and
in subsection (3A)—
at the beginning there shall be inserted the words “ Subject to section 33A of this Act, ”;
for the word “unenclosed” there shall be substituted the word “ any ”; and
for the words “£500” there shall be substituted the words “ level 4 on the standard scale ”; and
in subsection (5), the word “alive” shall cease to have effect.
In section 23A(3) and (5) (penalties for offences in respect of firearms and ammunition), for the words “£500” there shall be substituted the words “ level 4 on the standard scale ”.
In section 24 (unlawful killing or taking of deer by more than one person), in paragraph (a), for the words “section 289B(6) of the Criminal Procedure (Scotland) Act 1975”, there shall be substituted the words “ section 225(8) of the Criminal Procedure (Scotland) Act 1995 ”.
In section 25D (offences and penalties under Part IIIA)—
in subsection (2), for the words “£200”, there shall be substituted the words “ level 3 on the standard scale ”;
in subsection (4), for the words “£500”, there shall be substituted the words “ level 4 on the standard scale ”;
in subsection (5), for the words “£50”, there shall be substituted the words “ level 2 on the standard scale ”; and
in subsection (6), for the words “£200”, there shall be substituted the words “ level 3 on the standard scale ”.
Section 25E shall cease to have effect.
In section 25F, for the definition of “deer” there shall be substituted the following definition—.
In section 26 (attempts to commit offences)—
for the words from “section”, where it first occurs, to the words “1954” there shall be substituted the words “ section 294 of, and paragraph 10 of Schedule 3 to, the Criminal Procedure (Scotland) Act 1995 ”;
for the words “Part II or any order made thereunder”, there shall be substituted the words “ section 21(5) of this Act ”; and
for the words “£500”, there shall be substituted the words “ level 4 on the standard scale ”.
In section 27(1) (powers of search and seizure) the words “firearm or ammunition, vehicle or boat” shall cease to have effect.
In section 28A(2)(c) (penalty for failure to surrender cancelled certificate), for the words “£50”, there shall be substituted the words “ level 2 on the standard scale ”.
Section 31(2) shall cease to have effect.
Section 32 shall cease to have effect.
In section 33 (exemptions for certain acts)—
in subsection (1), after the word “deprived” there shall be inserted the words “ , or about to be deprived, ”;
in subsection (2)—
after the word “control”, in both places where it occurs, there shall be inserted the words “ agreement or ”; and
at the end there shall be inserted the words “; 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.”;
in subsection (3)—
for the words from “section” to “thereunder”, there shall be substituted the words “ section 21(5) of this Act ”; and
for the words from “the carcases” to the end there shall be substituted the words; and
subsections (3B) to (5) shall cease to have effect.
Before section 34, there shall be inserted the following section—.
In Schedule 1 (constitution of Commission)—
in paragraph 2A—
after the word “chairman” where it appears for the first time, there shall be inserted the words “ or a member ”; and
for sub-paragraph (a) there shall be substituted the following sub-paragraph—;
in paragraph 2B—
for the word “chairman” there shall be substituted the words “ a member ”; and
the words “, with the approval of the Treasury,” shall cease to have effect;
in paragraph 2C—
the words “, with the approval of the Treasury,” shall cease to have effect; and
for the word “chairmen” there shall be substituted the word “ members ”; and
for paragraph 4 there shall be substituted—.
The Agriculture (Scotland) Act 1948 (c.45)
The Agriculture (Scotland) Act 1948 shall be amended as follows.
In section 39 (control of injurious animals), after subsection (3) there shall be inserted the following subsection—.”.
After section 42 there shall be inserted the following section—.
The Parliamentary Commissioner Act 1967 (c.13.)
In Schedule 2 of the Parliamentary Commissioner Act 1967 (bodies subject to investigation)—
the entry relating to the Red Deer Commission shall cease to have effect; and
at the appropriate place, there shall be inserted—.
The House of Commons Disqualification Act 1975 (c.24.)
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—
the entry relating to the chairman of the Red Deer Commission shall cease to have effect; and
at the appropriate place, there shall be inserted—.
Repeals