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Schedule 3 Penalties

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

EnactmentOffencePenalty
(a) on summary conviction(b) on conviction on indictment
5(5)Taking, killing or injuring deer in close seasona fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
13(1)Failure to comply with control schemea fine of F1£40,000 or 3 months imprisonment or both
13(2)Obstruction of authorised persona fine of level 3 on the standard scale or 3 months imprisonment or both
17(1)Poachinga fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
17(2)Removal of deer carcase without right or permissiona fine of level 4 on the standard scale for each deer carcase in respect of which the offence is committed or 3 months imprisonment or both
F217(3)Killing or injuring deer otherwise than by shooting F3a fine of £40,000 for each deer in respect of which the offence is committed or 12 months imprisonment or both F4a fine or imprisonment for a term of 5 years or both
F517A(4)Shooting deer when not registered or superviseda fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
F617A(6)(a) or (b)Failure to submit cull return or making false or misleading cull returna fine of level 3 on the standard scale or 3 months imprisonment or both
F717A(6)(aa)Failure to submit cull returna fine of level 3 on the standard scale
18(1)Taking or killing at nighta fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
19(1)Use of vehicle to drive deera fine of level 4 on the standard scale or 3 months imprisonment or both
20(1)Offences connected with use of vehicles and aircrafta fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
21(3)F8... F9Breach of firearms order a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
F1021(5) Firearms and ammunition: wilfully injuring deer a fine of £40,000 for each deer in respect of which the offence is committed or 12 months imprisonment or both a fine or imprisonment for a term of 5 years or both
22Unlawful killing, taking or injuring of deer or breach of firearms order by more than one person F11a fine of £40,000 in respect of each deer killed, taken or injured or 12 months imprisonment or both a fine or imprisonment for a term F12of 5 years or both
23(1)Illegal possession of deer or firearmsa fine of level 4 on the standard scale or 3 months imprisonment or both
24(a)Attempting to commit certain offencesthe same penalty as may be imposed in respect of the offence attempted.
24(b)Acts preparatory to the commission of certain offencesthe same penalty as may be imposed for the offence, subject to a maximum of a fine not exceeding level 4 on the standard scale or 3 months imprisonment or both
31(3)(c)Failure to surrender cancelled firearm or shotgun certificate.a fine of level 2 on the standard scale.
36(1)Unauthorised sale etc. of venisona fine of level 3 on the standard scale
36(4)Sale etc. of unlawfully killed deera fine of level 4 on the standard scale or 3 months imprisonment or both
36(5)Failure to comply with section 34a fine of level 2 on the standard scale
36(6)Obstruction of person carrying out inspection under section 34a fine of level 3 on the standard scale
40(4)Failure to make, or making false, return of number of deer killed.a fine of level 3 on the standard scale or 3 months imprisonment or both.
F1340A(3)Failure to make return of number of deer planned to be killed.a fine of level 3 on the standard scale.

Annotations

Textual amendments

F1

Words in Sch. 3 substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 82, 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.

F2

Entry in Sch. 3 inserted (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , s. 59(2) , Sch. 7 para. 11 (with s. 55(2) ); S.S.I. 2004/495 , art. 2

F3

Words in Sch. 3 substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(a)(i), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F4

Words in Sch. 3 inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(a)(ii), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F5

Entries in Sch. 3 inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 30(9) , 43(1) (with s. 41(1) ); S.S.I. 2011/433 , art. 2(1)(f)

F6

Words in Sch. 3 substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(a) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.

F7

Entry in Sch. 3 inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(b) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.

F8

Word in Sch. 3 repealed (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(b)(i), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F9

Words in Sch. 3 substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(b)(ii), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F10

Words in Sch. 3 inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(c), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F11

Words in Sch. 3 substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(d)(i), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F12

Words in Sch. 3 substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(d)(ii), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F13

Entry in Sch. 3 inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(c) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.