Section 33 Exemptions for certain acts.
Scotland
A person shall not be guilty of any offence against this Act or any order made thereunder in respect of any act done for the F1purpose of preventing suffering by an injured or diseased deer, or by any deer calf F2, fawn or kiddeprived F3, or about to be deprived, of its mother
F4(2)Where a person performs an act under the authority of or at the request of the Commission in pursuance of section 6 of this Act or in pursuance of a control F5agreement or scheme he shall not by reason of that act be liable to be proceeded against for an offence against this Act, except that—
where the person is an officer or servant of the Commission performing an act as aforesaid in pursuance of the said section 6, and the act constitutes an offence against section 23(2) of this Act, or
where the person is any such officer or servant performing an act as aforesaid in pursuance of a control agreement or scheme, and the act constitutes an offence against either subsection (1) or (2) of the said section 23, or
in the case of any other person performing an act for either of the purposes mentioned in the two last foregoing paragraphs, if the act constitutes an offence against either of the said subsections,
he shall be so liable ; 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.
Notwithstanding F7section 21(5) of this Act, or anything in any agreement between an occupier of agricultural land or of enclosed woodlands and the owner thereof, it shall be lawful for—
the owner in person, provided that he is duly authorised in writing by the occupier for that purpose;
the owner’s servants in his ordinary service, provided that they are duly authorised in writing by the occupier for that purpose;
the occupier in person;
the servants of the occupier in his ordinary service on the land or other persons normally resident on the land provided that they are duly authorised in writing by the occupier for that purpose; or
any other person approved in writing by the Commission as a fit and competent person for the purpose who has been duly authorised in writing by the occupier for that purpose
to take or kill, and to sell or otherwise dispose of any deer found, as the case may be, on—
arable land, improved permanent pasture (other than moorland) and land which has been regenerated so as to be able to make a significant contribution to the productivity of a holding which forms part of that agricultural land; or
on enclosed woodland,
where the occupier has reasonable ground for believing that serious damage will be caused to crops, pasture or human or animal foodstuffs on that agricultural land, or to that woodland, if the deer are not taken or killed.
Any authority given under subsection (3) above shall expire—
at the end of such period as the occupier may specify in it;
when a person to whom paragraph (b) or (d) of that subsection applies ceases to be normally resident or in the owner’s or, as the case may be, occupier’s ordinary service;
where paragraph (e) of that subsection applies, at the end of the period specified in the Commission’s approval; or
if the occupier revokes the authority.
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Annotations
Textual amendments
- F1
Words substituted by Deer (Amendment) (Scotland) Act 1967 (c. 37), s. 2(1)
- F2
Words inserted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 12
- F3
Words in s. 33(1) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(30)(a)
- F4
S. 33(2)(3) substituted by Deer (Amendment) (Scotland) Act 1967 (c. 37), s. 2(2)
- F5
Words in s. 33(2) inserted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(30)(b)
- F6
S. 33(3)(3A)(3B)(4)(4A)—(4E) substituted for s. 33(3)(4) by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 13(1)
- F7
Words in s. 33(3) substituted (18.10.1996) by 1996 c. 44, ss. 13(1), 14(2), Sch. 1 para. 1(30)(c)
- F8
S. 33(3B)-(5) repealed (18.10.1996) by 1996 c. 44, ss. 13(1)(2), 14(2), Sch. 1 para. 1(32)(d), Sch. 2
Notes on the whole Act
Textual amendments
- F1
Act repealed (18.11.1996) by 1996 c. 58, s. 48(2)(6), Sch. 5 (with s. 43(1))