Deer (Scotland) Act 1996 in England
1996 c. 58 · Enacted 24 July 1996 · Extends to England, Wales and Scotland
An Act to consolidate the legislation relating to deer in Scotland.
[24th July 1996]
I1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1
Annotations to the whole text
Modifications
- C1
Act: transfer of functions (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 1(1), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
Commencement
- I1
Act not in force at Royal Assent; Act wholly in force at 18.10.1996 see s. 48(6).
Contents
- 2Advice and annual reports to Secretary of State.
- 5BReview of compliance with code of practice on deer management
- 6Control areas.
- 6ADeer management plans
- 9Recovery of expenses incurred in fulfilment of control scheme.
- Emergency measures
- Control agreements, control schemes and emergency measures: supplementary provisions
- 13Offences in relation to Part II.
- 14Limitation of criminal liability.
- 15Power to enter on land.
- Unlawful killing, taking and injuring of deer
- Register of persons competent to shoot deer
- 17BReview of competence etc. by SNH
- Other offences and attempts to commit offences
- 19Use of vehicles to drive deer.
- 20Other offences connected with moving vehicles.
- 21Firearms and ammunition.
- 22Offences committed by more than one person.
- 23Illegal possession of deer.
- 24Attempts to commit offences.
- Exemption for certain acts
- Part IV: Enforcement, licensing of venison dealing and miscellaneous provisions
- 27Powers of search and seizure.
- 29AOffences by Scottish partnerships etc.
- 32Disposal of deer liable to forfeiture.
- 33Licences to deal in venison.
- 34Records kept by venison dealers.
- 35Reciprocal arrangements.
- 36Offences in connection with venison dealing.
- 39Deer killed under the authority of SNH.
- 40APower of SNH to require return of number of deer planned to be killed
- Miscellaneous and general provisions
- 48Short title, consequential amendments, repeals, extent and commencement.
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Meetings and proceedings of SNH
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- Office and staff of SNH
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- Part I: Procedure for making control schemes
- 2Paragraph 2
- Part II: Procedure for varying or revoking control schemes
- 5Paragraph 5
- 7Paragraph 7
- Part III: General procedural provisions
- 10Paragraph 10
- Part IV: Provisions as to the validity of control schemes and of variations and revocations of such schemes
- Schedule 4: Consequential amendments
- 1Paragraph 1
- The Deer Act 1991 (c.54)
- 2Paragraph 2
- Schedule 5Repeals
- Transitional provision
- 1Paragraph 1
- Transitory provisions
- 2Paragraph 2
- 3Paragraph 3
- Savings
- 4Paragraph 4
- TABLE OF DERIVATIONS
- 1Notes:
- 2Paragraph 2
- Acts of Parliament
2Advice and annual reports to Secretary of State.
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5BReview of compliance with code of practice on deer managementF1
SNH must, before the expiry of the period mentioned in subsection (4), carry out a review into the extent to which the code of practice on deer management—
is being complied with by owners and occupiers of land, and
is effective in promoting sustainable deer management.
SNH must, following a review under subsection (1), submit a report to the Scottish Ministers—
setting out SNH's views on the extent to which the code—
has been complied with, and
has been effective in promoting sustainable deer management,
including such recommendations as SNH consider appropriate.
The Scottish Ministers must lay before the Scottish Parliament a report submitted to them under subsection (2).
The period referred to in subsection (1) is—
the period of 3 years beginning with the day on which section 79 of the Land Reform (Scotland) Act 2016 comes into force,
each subsequent period of 3 years beginning with the day on which the Scottish Ministers lay, under subsection (3), the report submitted to them under subsection (2).
6Control areas.
In this Act the area to which a control agreement or a control scheme relates is, in relation to that agreement or, as the case may be, scheme, referred to as the “control area”.
6ADeer management plansF1
If SNH , having had regard to the code of practice on deer management, is satisfied that both Conditions A and B are met, it may give notice to such owners and occupiers of land as it considers to be substantially interested requiring them—
to prepare a plan (a “deer management plan”) setting out—
the measures that those owners and occupiers consider should be taken,
the time limit for taking those measures,
who is to take those measures, and
any other matters which appear to SNH to be necessary, and
to submit the deer management plan to SNH for its approval.
Condition A is met if on any land—
deer or steps taken or not taken for the purposes of deer management have caused, are causing, or are likely to cause—
damage to woodland, to agricultural production, including any crops or foodstuffs, to the welfare of deer or, whether directly or indirectly, to the natural heritage generally,
damage to public interests of a social, economic or environmental nature, or
injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise, or
deer have become a danger or a potential danger to public safety.
Condition B is met if measures require to be taken in relation to the management of deer—
for the prevention of further such damage or injury,
for the remedying of such damage, or
for the prevention of such danger or potential danger.
In subsection (2)(a)(i), “ the natural heritage ” has the same meaning as in section 7(2).
A deer management plan is to be submitted to SNH no later than—
12 months after the date on which SNH gives notice under subsection (1), or
such later date as SNH may specify.
SNH may approve a deer management plan (with or without modification) or reject it.
Before approving a deer management plan with modifications, SNH must consult the owners and occupiers of land who submitted the plan on the proposed modifications.
A deer management plan may be amended until SNH decides to approve or reject it.
9Recovery of expenses incurred in fulfilment of control scheme.
SNH shall furnish to any owner or occupier concerned a statement showing—
the expenses incurred in the performance of F4its duty under the said section 8(8);
the amount received in respect of the sale of deer; and
the amount recoverable from any owner or occupier under this section.
Any owner or occupier who is aggrieved by a statement under subsection (2) above may, within one month of the statement having been furnished to him, appeal to the Scottish Land Court.
On an appeal under subsection (3) above, the Scottish Land Court may, if it appears to them to be equitable to do so, vary the amount recoverable from the appellant.
Subject to the approval of the Secretary of State, SNH may, in any particular case, waive F5its right to any expenses recoverable under this section.
13Offences in relation to Part II.
Any person who refuses or wilfully fails to comply with any requirement laid upon him by a control scheme shall be guilty of an offence.
A person who wilfully obstructs any person acting in the execution of this Part of this Act or of any authorisation issued under this Part, other than an authorisation under subsection (6) or (7) of section 5 of this Act, shall be guilty of an offence.
14Limitation of criminal liability.
Subject to subsections (2) to (4) below, where a person performs an act at the request of or under the authority of F1SNH in pursuance of—
a control agreement;
a control scheme; or
section 10 of this Act,
he shall not by reason of that act be liable to be proceeded against under this Act.
Where the act is performed by a member of the staff of SNH in pursuance of section 10 of this Act, he shall be liable to be proceeded against if the act constitutes an offence under section 17(3) of this Act.
Where the act is performed by—
a member of the staff of SNH in pursuance of a control agreement or control scheme; or
any other person in pursuance of a control agreement, a control scheme or section 10 of this Act,
he shall be liable to be proceeded against if the act constitutes an offence under either section 17(3) or section 18(1) of this Act.
In subsections (2) and (3)(a) above, “member of the staff of SNH” includes any person engaged by SNH under a contract for services.
15Power to enter on land.
For the purpose of the exercise of any of the functions of F1SNH under section 10 of this Act, any person duly authorised in writing by SNH shall have power at all reasonable times to enter upon any land.
A person authorised in writing by SNH for the purposes mentioned in subsection (3) below shall have power at all reasonable times to enter upon any land where—
notice has been given to the owner and to the occupier of the land that it is proposed to enter during a period specified in the notice, not exceeding one month beginning at least fourteen days after the giving of the notice; and
the exercise of that power takes place within the period so specified.
For the purposes of subsections (1) and (2) above, an authorisation may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced.
The purposes for which a person may be authorised by SNH are—
the taking of a census of deer in any area in pursuance of their functions under section 1(1) of this Act;
the determination of whether any of F3its functions under section 7 or 8 of this Act should be exercised;
the exercise of any such function under the said section 7 or 8;
the determination of how far and in what manner any requirement placed on any person by virtue of this Part of this Act has been complied with.
Any person who proposes to exercise any power of entry conferred by this section shall, if so required, produce the written documentF4, or a copy of a record of authority in terms of subsection (2A) above, authorising him for such purpose.
17BReview of competence etc. by SNHF1
SNH must carry out a review of the following matters if the power in section 17A(1) is not exercised by 1st April 2014—
levels of competence among persons who shoot deer in Scotland;
the effect of such levels of competence on deer welfare.
In any such review, the matters SNH must consider include—
the extent to which such persons have been trained to shoot deer and the availability and nature of such training;
any available evidence as regards any effect of the absence of such training, or the nature of such training, on the welfare of deer which have been shot.
If SNH carries out a review, it must—
when doing so consult such persons and organisations as it considers have an interest in the review; and
publish a report of the review.
19Use of vehicles to drive deer.
Subject to section 41(2) of this Act and to subsection (2) below, any person who uses a vehicle to drive deer on any land with the intention of taking, killing or injuring them shall be guilty of an offence.
Subject to section 37 of this Act, F1SNH may authorise the owner of any land which deer are on, or any person nominated in writing by him, to use any vehicle to drive deer in order to take or kill them for the purposes of deer management.
In subsection (2) above—
“deer management” does not include driving deer in the course of any sporting activity; and
“vehicle” does not include any aircraft or hovercraft.
20Other offences connected with moving vehicles.
Subject to sections 25 and 41(2) of this Act and to subsection (2) below, any person who—
discharges any firearm, or discharges or projects any missile, from any moving vehicle at any deer; or
uses any aircraft for the purposes of transporting any live deer other than in the interior of the aircraft,
shall be guilty of an offence.
Nothing in subsection (1)(b) above shall make unlawful anything done by, or under the supervision of, a veterinary surgeon or practitioner.
In subsection (2) 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.
21Firearms and ammunition.
The Secretary of State shall have power to make such order as he thinks fit regarding the classes of firearms, ammunition, sights and other equipment which may lawfully be used in connection with killing or taking deer, and the circumstances in which any class of firearms, ammunition, sights or other equipment may be so used.
Before making an order under subsection (1) above the Secretary of State shall consult any organisations which in his opinion represent persons likely to be interested in or affected by the order.
Any person who fails to comply with an order under subsection (1) above shall be guilty of an offence.
No order shall be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
Any person who uses any firearm or any ammunition for the purpose of wilfully injuring any deer shall be guilty of an offence.
22Offences committed by more than one person.
Where two or more persons acting together do any act which would constitute an offence under any of sections 17 to 21 of this Act, every such person shall be guilty of an offence.
23Illegal possession of deer.
A person who is in possession of a deer or of firearms or ammunition in circumstances which make it reasonable to infer that—
he obtained the deer by committing a relevant offence; or
he had used the firearm or ammunition for the purpose of committing a relevant offence; or
he knew that—
a relevant offence had been committed in relation to the deer; or
the firearm or ammunition had been used for the purpose of committing a relevant offence,
shall be guilty of an offence.
It shall be a defence in proceedings for an offence under subsection (1) above for the accused to show that no relevant offence had been committed, or that he had no reason to believe that such an offence had been committed.
For the purposes of this section a “relevant offence” is an offence under any of sections 5 or 17 to 22 of this Act.
A person shall not be guilty of an offence under subsection (1) above in respect of anything done in good faith, including conduct which would otherwise constitute a relevant offence in relation to any deer, where what is done is done for purposes connected with the prevention or detection of crime or the investigation or treatment of disease.
It shall be lawful to convict a person charged under subsection (1) above on the evidence of one witness.
24Attempts to commit offences.
Without prejudice to the operation of section 294 of, and paragraph 10 of Schedule 3 to, the M1Criminal Procedure (Scotland) Act 1995, any person who—
attempts to commit; or
does any act preparatory to the commission of,
an offence under section 5(5) or this Part of this Act shall be guilty of an offence.
27Powers of search and seizure.
A constable may seize any deer liable to be forfeited on conviction of an offence under this Act.
Where a sheriff or any justice of the peace is satisfied by information on oath that—
there is reasonable ground to suspect a relevant offence to have been committed; and
evidence of the commission of the offence is to be found on any premises or in any vehicle,
he may grant a warrant authorising any constable at any time or times within one week of the date of such warrant to enter, if necessary by force, the said premises and every part thereof or the said vehicle for the purpose of detecting the offence.
A constable authorised by a warrant granted under subsection (2) above may—
search every person who is found in, or whom he has reasonable ground to believe to have recently left or to be about to enter the premises or, as the case may be, vehicle to which the warrant relates; and
seize any article found on the premises, or in the vehicle, or on any such person which he has reasonable grounds for believing to be evidence of the commission of a relevant offence.
Where a constable has reasonable grounds to—
suspect that—
a relevant offence has been committed; and
evidence of the commission of the offence is to be found in any vehicle; and
believe that by reason of urgency or other good cause it is impracticable to apply for a warrant to search such a vehicle,
he may stop and search that vehicle, and may exercise the same power of search and seizure in relation to it as might be conferred under subsection (2) above by a warrant of the sheriff or of a justice of the peace.
In subsections (2) to (4) above, a “relevant offence” is an offence under Part III, or under section 36(1) or (4), of this Act.
No search of a female person shall be carried out in pursuance of any search authorised by this section except by a female person.
29AOffences by Scottish partnerships etc.F1
Where an offence under this Act has been committed by a Scottish partnership or other unincorporated association and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
in relation to a Scottish partnership, any partner or any person who was purporting to act in such capacity;
in relation to an unincorporated association other than a Scottish partnership, any person who was concerned in the management or control of the association or any person who was purporting to act in any such capacity,
he (as well as the partnership or, as the case may be, other unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.
32Disposal of deer liable to forfeiture.
Where any deer seized under section 27(1) of this Act is liable to forfeiture the person by whom it is seized may sell it and the net proceeds of the sale shall be liable to forfeiture in the same manner as the deer sold.
A person shall not be subject to any liability on account of his neglect or failure to exercise the power conferred on him by subsection (1) above.
33Licences to deal in venison.
A council may grant to any person whom they shall think fit a licence to deal in venison (which shall continue to be known as a “venison dealer’s licence”).
The Secretary of State shall have power by order to regulate—
applications for venison dealers’ licences and the manner in which they are to be dealt with (including power to authorise councils to charge fees in respect of such applications); and
the procedure—
by which venison dealers’ licences may be surrendered; and
for handing in of licences where a court has ordered their forfeiture or the holders have ceased to deal in venison.
The Secretary of State may in regulations under subsection (2) above apply any provision of Schedule 1 to the M1Civic Government (Scotland) Act 1982, as he thinks fit.
A venison dealer’s licence shall be valid for three years (unless the dealer has been disqualified from holding a licence by reason of his conviction of an offence under this Act), and may be renewed provided he is not at the time of the application subject to such disqualification.
Every council which grants a venison dealer’s licence shall cause to be sent to F1SNH as soon as may be a copy of the licence.
Every council by whom venison dealers’ licences are granted shall as soon as may be after the first day of January in each year make a return to SNH of the names and addresses of the persons who on that day held venison dealer’s licences issued by the council.
In this section and sections 34 to 36 “venison” means the carcase or any edible part of the carcase of a deer, and “deer” means deer of any species, whether or not deer within the meaning of section 45 of this Act, and includes farmed deer.
In this section and section 36 of this Act “council” means a council constituted under section 2 of the M2Local Government etc. (Scotland) Act 1994.
34Records kept by venison dealers.
Every licensed venison dealer shall keep a book in which shall be entered records in the prescribed form of all purchases and receipts of venison by him and shall enter in such book forthwith the prescribed particulars of such purchases and receipts.
Any person authorised in writing in that behalf by the Secretary of State or by F1SNH (an “authorised person”) or any constable, may inspect any book kept in pursuance of subsection (1) above.
For the purposes of subsection (2) above, an authority may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced.
An authorised person shall show his written authorityF3, or a copy of a record of authority in terms of subsection (2A) above, when so requested.
A licensed venison dealer shall produce for inspection by an authorised person or constable—
any book kept in pursuance of subsection (1) above;
all invoices, consignment notes, receipts and other documents (including copies of them where the originals are not available) which may be required to verify any entry in such book; and
all venison in his possession or under his control, or on premises or in vehicles under his control,
and shall allow the authorised person or constable to take copies of such book or document or extracts therefrom.
Every book kept in pursuance of subsection (1) above shall be kept until the end of the period of three years beginning with the day on which the last entry was made in the book and any such documents as are mentioned in subsection (4)(b) above shall be kept for a period of three years beginning with the date of the entry to which they refer.
In this section “prescribed” means prescribed by order.
35Reciprocal arrangements.
A licensed venison dealer who has purchased or received venison from another licensed venison dealer or from a licensed game dealer within the meaning of section 10(5) of the M1Deer Act 1991 shall be deemed to have complied with the requirements of section 34 of this Act if he has recorded in his book kept in pursuance of subsection (1) of that section—
that the venison was so purchased or received;
the name and address of the other licensed venison dealer or of the licensed game dealer;
the date when the venison was so purchased or received;
the number of carcases and sex of the venison; and
the species of deer, provided that it is possible to identify it.
36Offences in connection with venison dealing.
Subject to subsection (2) below, any person who—
sells, offers or exposes for sale; or
has in his possession, transports or causes to be transported for the purpose of sale at any premises,
any venison shall be guilty of an offence.
A person is not guilty of an offence under subsection (1) above if—
he is a licensed venison dealer; or
he does the act constituting the offence for the purpose of selling to a licensed venison dealer; or
he has purchased the venison from a licensed venison dealer.
In subsection (2) above “licensed venison dealer” means the holder of a venison dealer’s licence granted by the council within whose area the sale, offer or exposure for sale takes place, or where the premises concerned are situated.
Any person who—
sells, offers or exposes for sale;
has in his possession for the purpose of sale at any premises;
transports for the purpose of sale; or
purchases or offers to purchase or receives,
the carcase of a deer, or any part of such a carcase, which he knows or has reason to believe has been killed unlawfully shall be guilty of an offence.
Any licensed venison dealer who fails to comply with any provision of section 34 of this Act or who knowingly or recklessly makes in any book or document he is required to keep under that section an entry which is false or misleading in any material particular shall be guilty of an offence.
Any person who obstructs an authorised person or a constable making an inspection under section 34 of this Act shall be guilty of an offence.
In this section “sale” includes barter, exchange and other transactions by which venison is disposed of for value.
39Deer killed under the authority of SNH.F1
Without prejudice to sections 8(8), 9, 10(10) and 12(1) of this Act, SNH shall have no power to dispose of deer taken or killed under F2its authority.
40APower of SNH to require return of number of deer planned to be killedF1
SNH may, for the purposes of any of its deer functions, by notice served on the owner or occupier of any land require the owner or occupier to make a return, in such form as SNH may require, showing how many deer of each species and of each sex are planned to be killed on the land in the following year.
A notice served under subsection (1) must specify a period, of not more than 1 year immediately following the date of service of the notice, for which the return must be completed.
Any person on whom a notice under subsection (1) has been served who fails without reasonable cause to make the required return within 36 days after the service of the notice commits an offence.
48Short title, consequential amendments, repeals, extent and commencement.
This Act may be cited as the Deer (Scotland) Act 1996.
Schedule 4 (which makes provisions consequential on this Act) and Schedule 5 (which repeals provisions consolidated by this Act) shall have effect.
Subject to subsection (4) below, this Act shall extend to Scotland only.
The amendments contained in Schedule 4 and the repeals contained in Schedule 5 have the same extent as the enactments therein amended or, as the case may be, repealed.
Schedule 6 (which contains transitional and transitory provisions and a saving) shall have effect.
This Act shall come into force at the expiry of the period of one month beginning with the date on which the M1Deer (Amendment)(Scotland) Act 1996 comes into force.
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2
If no objection is duly made under paragraph 1 above or if all objections so made are withdrawn, the Secretary of State may confirm the control scheme either in the form submitted to him or, subject to paragraph 4 below, with modifications.
5
On the application of F1SNH, the Secretary of State may make a scheme varying a control scheme or may revoke a control scheme.
7
If no objection is duly made under paragraph 6 above or if all objections so made are withdrawn, the Secretary of State may vary or revoke the control scheme, as the case may be.
10
Notwithstanding anything in paragraphs 3 or 8 above, the Secretary of State may require any person who has made an objection to state in writing the grounds for it, and may disregard the objection for the purposes of this Schedule if he is satisfied that the objection is frivolous.
1
The Agriculture (Scotland) Act 1948 shall be amended as follows.
In section 39(3A) (exclusion of certain deer from provisions of that section), for the words “section 35A of the Deer (Scotland) Act 1959” there shall be substituted the words “ section 45 of the Deer (Scotland) Act 1996 ”.
In section 42A (definition of “animals for the purposes of sections 40 to 42”), for the words “section 35A of the Deer (Scotland) Act 1959” there shall be substituted the words “ section 45 of the Deer (Scotland) Act 1996 ”.
2
In section 11(3) of the Deer Act 1991 (details to be recorded where venison bought from a licensed dealer), for the words “Part IIIA of the Deer (Scotland) Act 1959” there shall be substituted the words “ section 33 of the Deer (Scotland) Act 1996 ”.
Schedule 5Repeals
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1959 c.40. | The Deer (Scotland) Act 1959. | The whole Act. |
| 1967 c.37. | The Deer (Amendment) (Scotland) Act 1967. | The whole Act. |
| 1973 c.65. | The Local Government (Scotland) Act 1973. | In Schedule 27, paragraph 143. |
| 1982 c.19. | The Deer (Amendment) (Scotland) Act 1982. | The whole Act. |
| 1991 c.54. | The Deer Act 1991. | Section 17(5). |
| 1996 c.44. | The Deer (Amendment) (Scotland) Act 1996. | The whole Act. |
1
Where on the commencement of this Act a code has been published or falls to be treated as having been published under section 33A(11)(a) of the M1Deer (Scotland) Act 1959, that code shall be treated, after that commencement, as if it had been published under section 37(5)(a) of this Act.
2
Until an order in relation to red deer stags and hinds is made under section 5(1) of this Act, the period for the purposes of that subsection 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.
3
Until a code is published under section 37(5)(b) of this Act, section 19(1) of this Act shall have effect as if for the word “any” in the second place where it occurs, there is substituted the word “ unenclosed ”.
4
The amendments made by paragraphs 2 to 4 of Schedule 1 to the M1Deer (Amendment) (Scotland) Act 1996 shall not be affected by the repeal of that Act by this Act.
1Notes:
This Table shows the derivation of the provisions of the Bill.
2
The following abbreviations are used in the Table:—
Acts of Parliament
| 1959 | = Deer (Scotland) Act 1959 (c.40) |
| 1967 | = Deer (Amendment) (Scotland) Act 1967 (c.37) |
| 1982 | = Deer (Amendment) (Scotland) Act 1982 (c.19) |
| 1996 | = Deer (Amendment) (Scotland) Act 1996 (c.44) |
| Provision | Derivation |
|---|---|
| 1(1) | 1959 s. 1(1), substituted 1996 s.1(1). |
| (2) | 1959 s. 1(1A), inserted 1996 s.1(1). |
| (3) | 1959 s. 1(2). |
| (4) | 1959 s. 1(3), amended 1996 s. 1(2). |
| (5) | 1959 s. 1(3A), inserted 1996 s. 1(3). |
| (6) | 1959 s. 1(3B), inserted 1996 s. 1(3). |
| (7) | 1959 s. 1(6). |
| 2 | 1959 s.3, amended 1982 s.1(1), 1996 s.13(1) and Schedule 1, para.1(3). |
| 3 | 1959 s.4, substituted 1996 s. 3 |
| 4(1) to (3) | 1959 s. 2(1) to (1B), inserted 1996 s.2 |
| (4), (5) | 1959 s.2(1), amended 1982 s.2(1) |
| (6) | 1959 s.2(2) |
| 5(1) to (5) | 1959 s.21(1) to (4), (5) part, amended 1982 s.6, substituted 1996 s.8. |
| (6), (7) | 1959 s.33A(5) and (6), inserted 1996 s.10(1). |
| 6 | 1959 s.7(9), substituted 1996 s.6. |
| 7 | 1959 s.7(1) to (6), substituted 1996 s.6 |
| 8 | 1959 s.7(7), (8) and (10), substituted 1996 s.6; 1959 s.8, amended 1982 s.1(2), 1996 s.13(1) and Schedule 1, paragraph 1(7); 1959 s.9(1); 1959 s.10, amended 1996 s.13(1) and Schedule 1, paragraph 1(9). |
| 9 | 1959 s.11(1), amended 1982 s.1(2), substituted 1996 s.13(1) and Schedule 1, paragraph 1(10)(a); 1959 s.11(2), amended 1996 s.13(1) and Schedule 1, paragraph 1(10)(b); 1959 s.11(3). |
| 10 | 1959 s.6(1) to (7),(9) amended 1982 s.3(b), 1996 s.13(1) and Schedule 1, paragraph 1(5)(a); subsection (1) substituted 1982 s.3(a), 1996 s.4(2); subsection (1A) inserted 1996 s.4(2); subsection (9) inserted 1996 s.4(3). |
| 11 | 1959 s.6AA, inserted 1996 s.5. |
| 12(1) to (3) | 1959 s.12, amended 1982 s.1(2), 1996 s.13(1) and Schedule 1, paragraph 1(11), part repealed 1982 s.15(2) and Schedule 3. |
| (4) | 1959 s.6(8), amended 1996 s.13(1) and Schedule 1, paragraph 1(5)(b). |
| 13 | 1959 s.9(2) part; 1959 s.17 part. |
| 14(1) to (4) | 1959 s.33(2), repealed and replaced 1967 s.2(2), amended 1996, s.13(1) and Schedule 1, paragraph 1(30)(b). |
| 15 | 1959 s.15, amended 1967 s.1, 1982 s.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(13) and Schedule 2. |
| 16 | 1959 s.16, amended 1996 s.13(1) and Schedule 1, paragraph 1(14). |
| 17(1),(2) | 1959 s.22, amended 1982 ss.6(c), (d), 14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(18). |
| (3), (4) | 1959 s.23(2), amended 1982 s.6(a), 1996 s.13(1) and Schedule 1, paragraph 1(19)(b). |
| 18(1) | 1959 s.23(1) 1982 s.6(d), 1996 s.13(1) and Schedule 1, paragraph 1(19)(a). |
| (2) | 1959 s33A(2), inserted 1996 s.10(1). |
| 19(1) | 1959 s.23(3A), inserted 1982 s.9, amended 1996 s.13(1) and Schedule 1, paragraph 1(19)(e). |
| (2) to (3) | 1959 s.33A(3), inserted 1996 s.10(1). |
| 20 | 1959 s.23(2A) to (2C), inserted 1982 s.8(1), amended 1996 s.13(1) and Schedule 1, paragraph 1(19)(c). |
| 21 | 1959 s.23A(1),(2), (3) part, (4) and (5) part, inserted 1982 s.10(1). |
| 22 | 1959 s.24 part, amended 1982 s.10(2). |
| 23 | 1959 s.25, substituted 1996 s.9. |
| 24 | 1959 s.26, amended 1996 s.13(1) and Schedule 1, paragraph 1(25)(a) and (b). |
| 25 | 1959 s.33(1), amended 1967 s.2(1), 1982 s.12, 1996 s.13(1) and Schedule 1, paragraph 1(30)(a). |
| 26 | 1959 s.33(3), (3A), substituted 1967 s.2(2), 1982 s.13(1), amended 1996 s.13(1) and Schedule 1, paragraph 1(30)(c). |
| 27 | 1959 s.27, amended 1982 ss.14(3), 15(1) and Schedule 2, paragraph 2; part repealed 1996 s.13, Schedule 1, paragraph 1(26) and Schedule 2. |
| 28 | 1959 s.28 |
| 29 | 1959 s.31 part |
| 30 | 1959 s.25AA, inserted 1996 s.9. |
| 31(1) | |
| (2), (3) | 1959 s.28A(1),(2)(a), (b) and (c) part, inserted 1982 s.15(1) and Schedule 2, paragraph 1. |
| (4) | 1959 s.21(5), amended 1982 s.14(1) and Schedule 1; 1959 s.22(1) part; 1959 s.22(2) part, inserted 1982 s.6; s.23(3), amended 1982 s.14(1) and Schedule 1; 1959 s.24 part, amended 1982 s.14(1) and Schedule 1; 1959 s.25(1) part, substituted 1996 s.9. |
| (5) | 1959 s.25D(7), inserted 1982 s.11. |
| 32 | 1959 s.30 |
| 33 | 1959 s.25A, inserted 1982 s.11, amended Local Government etc. (Scotland) Act 1994 (c.39) s.180 and Schedule 13, paragraph 53(1), (2); 1959 s.25F part, inserted 1982 s.11, amended Local Government etc. (Scotland) Act 1994 (c.39) s.180 and Schedule 13 paragraph 53(1), (4), 1996 s.13(1) and Schedule 1, paragraph 1(24). |
| 34 | 1959 s.25B, inserted 1982 s.11. |
| 35 | 1959 s.25C, inserted 1982 s.11, amended Deer Act 1991 (c.54) s.17(5). |
| 36 | 1959 s.25D part, inserted 1982 s.11, amended Local Government etc. (Scotland) Act 1994 (c.39) s.180 and Schedule 13, paragraph 53(1), (3); 1959 s.25F part, inserted 1982 s.11. |
| 37 | 1959 s.33A(7) to (11), inserted 1996 s.10(1). |
| 38 | 1959 s.14, amended 1982 s.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(12) and Schedule 2. |
| 39 | 1959 s.13, substituted 1996 s.7. |
| 40 | 1959 s.5(1), (2) part, amended 1982 ss.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(4) and Schedule 2. |
| 41(1) | 1959 s.19, amended 1982 s.1(2), part repealed 1996 s.13, Schedule 1, paragraph 1(16) and Schedule 2. |
| (2) | 1959 s.23(5), part repealed 1996 s.13, Schedule 1, paragraph 1(19)(f) and Schedule 2. |
| 42 | 1959 s.33B, inserted 1996 s.13(1) and Schedule 1, paragraph 1(31). |
| 43 | 1959 s.34A, inserted 1996 s.11. |
| 44 | 1959 s.34. |
| 45 | 1959 s.35A, inserted 1996 s.12. |
| 46 | 1959 s.18(1). |
| 47 | 1959, s.35, amended 1982 s.15(1) and Schedule 2, paragraph 3. |
| Schedule 1 | 1959 Schedule 1, part repealed House of Commons Disqualification Act 1975 s.10 and Schedule 3 and Requirements of Writing (Scotland) Act 1995 s.14(2) and Schedule 5, amended 1982 s.5 and 1996 s.13(1) and Schedule 1, paragraph 1(32). |
| Schedule 2 | 1959 Schedule 2, amended Local Government (Scotland) Act 1973 s.214 and Schedule 27, paragraph 143. |
| Schedule 3 | 1959 s.5(2) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(4)(b); 1959 s.9(2) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(8); 1959 s.17 part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(15); 1959 s.21(5) part, amended 1982 s.14(1) and Schedule 1, substituted 1996 s.7; 1959 22(1) part, (2) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(18)(c); 1959 s.23(3) part, amended 1982 ss.8(2), 14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(19)(d); 1959 s.23(3A) part, inserted 1982 s.9, amended 1996 s.13(1) and Schedule 1, paragraph 1(19)(e)(iii); 1959 s.23A(3) part, (5) part, inserted 1982 s.10(1), amended 1996 s.13(1) and Schedule 1, paragraph 1(20); 1959 s.24(a) part, (b) part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(21); 1959, s.25(1) part, substituted 1996 s.9; 1959 s.25D part, inserted 1982 s.11, amended 1996 s.13(1) and Schedule 1, paragraph 1(22); 1959 s.26 part, amended 1982 s.14(1) and Schedule 1, 1996 s.13(1) and Schedule 1, paragraph 1(25)(c); 1959 s.28A(2)(c) part, inserted 1982 s.15(1) and Schedule 2, paragraph 1, amended 1996 s.13(1) and Schedule 1, paragraph 1(27). |
| Schedule 6 | |
| Paragraph 1 | 1996 s.14(3). |
| Paragraph 2 | 1996 s.10(2). |
| Paragraph 3 | 1996 s.10(3). |