OpenLegislation

Section 2 Offences of knowingly causing or permitting another person to hunt using a dogI1I2

Scotland

(1)

A person commits an offence if—

(a)

the person—

(i)

is an owner or occupier of land, and

(ii)

knowingly causes or permits another person to hunt a wild mammal using a dog on that land, and

(b)

none of the exceptions in sections 3, 5, 6, 7, 8 or 9 apply to the hunting.

(2)

A person commits an offence if—

(a)

the person—

(i)

owns or is responsible for a dog, and

(ii)

knowingly causes or permits another person to hunt a wild mammal using that dog, and

(b)

none of the exceptions in sections 3, 5, 6, 7, 8 or 9 apply to the hunting.

(3)

A person who commits an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).

(4)

It is a defence for a person charged with an offence under subsection (1) or (2) to show that the person reasonably believed that any of the exceptions in sections 3, 5, 6, 7, 8 or 9 applied to the hunting.

(5)

In this Part, an “owner” of land includes a person who—

(a)

manages or controls that land, or

(b)

is authorised to give permission for that land to be used for hunting.

(6)

In this Act, a person “is responsible for” a dog where the person—

(a)

is responsible for the dog on a temporary or permanent basis,

(b)

is in charge of the dog, or

(c)

has actual care and control of a person under the age of 16 years who is responsible for the dog under paragraph (a) or (b).

Annotations

Commencement

I1

S. 2 not in force at Royal Assent, see s. 31(2)

I2

S. 2 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2