Section 6 Power of Commission to deal with marauding deer.
Scotland
Subject to the following provisions of this section, where the Commission are satisfied—
that deer—
are causing serious damage to woodland, to agricultural production (including any crops or foodstuffs); or
are causing injury to livestock whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or
constitute a danger or a potential danger to public safety;
that the killing of the deer is necessary to prevent further such damage or injury or to remove the danger or potential danger; and
that none of their other powers is adequate to deal with the situation,
they shall authorise in writing, subject to such conditions as may be specified in the authorisation, any person who in their opinion is competent to do so to follow and kill on such land as may be mentioned in the authorisation such deer as appear to that person to be causing the damage or injury or constituting the danger or potential danger.
Where, as mentioned in subsection (1)(a)(iii) above, deer constitute a danger or potential danger to public safety, and, in the opinion of the Commission or the person authorised by them, the killing of the deer would itself constitute a potential danger to public safety, the person authorised by the Commission shall instead take and remove the deer from the land in question by such means as are appropriate.
Where the Commission are satisfied that the deer F2mentioned in subsection (1) above come from particular land, and that any person having the right to kill deer thereon will forthwith undertake the killing of the deer first-mentioned, the Commission shall make a request to that effect in writing to that person.
Where any such request as aforesaid has been made to a person, the Commission shall not issue an authorisation under this section unless it appears to them that he has become unable or unwilling to comply with the terms of the request.
An authorisation under this section shall remain in force from the date thereof for such period, not exceeding F328 days, as may be specified in the authorisation.
Where the Commission intend to issue any such authorisation as aforesaid, it shall be their duty to give as soon as practicable to any person who in their opinion is likely to be on any land mentioned therein such warning of their intention as they consider necessary to prevent danger to that person.
It shall be the duty of the Commission to give to the owner of any land which is to be mentioned in an authorisation under this section such notice of their intention to issue that authorisation as may be practicable.
Without prejudice to the general provisions of section sixteen of this Act relating to the service of notices, any notice to be served under this section on an owner of land shall, where an agent or servant is responsible for the management or the farming of the land, be duly served if served on the said agent or servant.
The Commission may make in respect of the services of any person authorised by them F4under this section, not being one of their servants, such payment as may be agreed.
Where any deer has been killed or taken and removed from land under an authorisation granted by the Commission under this section the Commission shall have power to dispose of it by sale or otherwise.
Annotations
Textual amendments
- F1
S. 6(1)(1A) substituted for s. 6(1) (18.10.1996) by 1996 c. 44, ss. 4(2), 14(2), Sch. 1 para. 1(5)
- F2
Words in s. 6(2) substituted (18.10.1996) by 1996 c. 44, s. 13(1), 14(2), Sch. 1 para. 1(5)(a)
- F3
Word substituted by Deer (Amendment) (Scotland) Act 1982 (c. 19), s. 3(b)
- F4
Words in s. 6(8) substituted (18.10.1996) by 1996 c. 44, s. 13(1), 14(2), Sch. 1 para. 1(5)(b)
- F5
S. 6(9) inserted (18.10.1996) by 1996 c. 44, ss. 4(3), 14(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))