Section 10 General exceptions.

England and Wales

(1)

A person shall not be guilty of an offence against section 1 or section 2 of this Act by reason of any act done for the purpose of preventing suffering by an injured or diseased deer, or of an offence against section 3(1)(a) or (b) of this Act by reason of setting in position, or using, any trap or net for that purpose.

(2)

Nothing in section 1 or section 2 of this Act shall make unlawful anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food under section 98 of the M1Agriculture Act 1947.

F1(2A)

Where—

(a)

any person, by way of business, keeps deer on land enclosed by a deer-proof barrier for the production of meat or other foodstuffs or skins or other by-products, or as breeding stock; and

(b)

those deer are conspicuously marked in such a way as to identify them as deer kept by that person as mentioned in the preceding paragraph,

the killing of any of those deer by that person, or by any servant or agent of that person authorised by him for the purpose, shall not constitute an offence against section 1 of this Act.

F2(3)

A person shall not be guilty of an offence under section 3(1)(c)(i) of this Act by reason of the use of any smooth-bore gun for the purpose of killing any deer if he shows that the deer had been so seriously injured otherwise than by his unlawful act or was in such a condition that to kill it was an act of mercy.

(4)

A person shall not be guilty of an offence under section (3)(1)(c)(i) of this Act by reason of the use as a slaughtering instrument, for the purpose of killing any deer, of a smooth-bore gun which—

(a)

is of not less gauge than 12 bore;

(b)

has a barrel less than 24 inches (609.6 millimetres) in length; and

(c)

is loaded with a cartridge purporting to contain shot none of which is less than .203 inches (5.16 millimetres) in diameter (that is to say, size AAA or any larger size).

Annotations

Textual amendments

F1: S. 10(2A) inserted by Deer Act 1987 (c. 28, SIF 4:3), s. 1
F2: S. 10(3)(4) substituted for s. 10(3) by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7 para. 4

Marginal citations

M1: 1947 c. 48.

Notes on the whole Act

Textual amendments

F1: Act repealed (25.10.1991) by Deer Act 1991 (c. 54, SIF: 4:3), ss. 17(6), 18(3), Sch.4