Section 9 Recovery of expenses incurred in fulfilment of control scheme.

(1)

Where any expenses incurred by F1SNH in the performance of F2its duty under section 8(8) of this Act exceed the amount of the proceeds of the sale of any deer killed or taken in pursuance of that performance, the excess shall be recoverable by F3it from the owner or occupier concerned.

(2)

SNH shall furnish to any owner or occupier concerned a statement showing—

(a)

the expenses incurred in the performance of F4its duty under the said section 8(8);

(b)

the amount received in respect of the sale of deer; and

(c)

the amount recoverable from any owner or occupier under this section.

(3)

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.

(4)

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.

(5)

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.

Annotations

Textual amendments

F1: 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.
F2: Word in s. 9(1) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 15(a)(i); S.S.I. 2010/221, art. 3(2), Sch.
F3: Word in s. 9(1) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 15(a)(ii); S.S.I. 2010/221, art. 3(2), Sch.
F4: Word in s. 9(2) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 15(b); S.S.I. 2010/221, art. 3(2), Sch.
F5: Word in s. 9(5) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 15(b); S.S.I. 2010/221, art. 3(2), Sch.

Notes on Deer management plans, control agreements and control schemes

Textual amendments

F1: S. 6 cross-heading substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 80(3), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.