{
  "url": "https://openlegislation.uk/deer-scotland-act-1996/section-40",
  "json_url": "https://openlegislation.uk/deer-scotland-act-1996/section-40.json",
  "legislation": "ukpga/1996/58",
  "legislation_title": "Deer (Scotland) Act 1996",
  "legislation_url": "https://openlegislation.uk/deer-scotland-act-1996",
  "path": "section/40",
  "kind": "section",
  "number": "40",
  "heading": "Power of Commission to require return of number of deer killed.",
  "text": "(1) SNH may, for the purposes of any of its deer functions, by notice served on the owner or occupier of any land require him to make a return, in such form as SNH may require, showing the number of deer of each species and of each sex which to his knowledge have been taken or killed on the land.\n(2) A notice served under subsection (1) above shall—\n(a) be in writing;\n(b) specify a period, immediately preceding the date of service of the notice, for which the return must be completed.\n(2A) For the purposes of subsection (2) above, a notice 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.\n(2B) A notice may be served on a person by such an electronic communication only if—\n(a) the person consents in writing to the receipt of a notice of the kind in question from the sender by electronic communication sent to a specified number or address, and\n(b) the communication is sent to the number or address in question.\n(3) A period specified by virtue of subsection (2)(b) above shall not exceed five years.\n(4) Any person on whom a notice under subsection (1) above has been served who—\n(a) fails without reasonable cause to make the required return within thirty-six days after the service of the notice; or\n(b) in making the return knowingly or recklessly furnishes any information which is false in a material particular,\nshall be guilty of an offence.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in Act substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 6; S.S.I. 2010/221, art. 3(2), Sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 40(1) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 24; S.S.I. 2010/221, art. 3(2), Sch."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 40(2A)(2B) inserted (23.6.2006) by Electronic Communications (Scotland) Order 2006 (S.S.I. 2006/367), arts. 1(1), 3(8)"
    },
    {
      "type": "X",
      "label": "X1",
      "text": "S. 40: sidenote no longer accurate following the amendments made to this Act by Public Services Reform (Scotland) Act 2010 (asp 8), s. 1, Sch. 1 paras. 5-27"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1996/58/section/40",
    "retrieved_at": "2026-10-29T09:29:29.246415+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}