Authorisations for particular activities 24 Authorisation for taking or killing deer during close seasons 20 (1) Section 5 of the 1996 Act (close seasons) is modified as follows. (2) In subsection (5)— (a) the words “14 and” are repealed, (b) for “(6) and (7)” substitute “(6) to (7)”. (3) For subsection (6) substitute— 25 “(6) Subject to section 37 of this Act, SNH may authorise the owner or occupier of any land or any person nominated in writing by the owner or occupier to take or kill, and to sell or otherwise dispose of, any deer found on that land during the period specified in relation to that sex and species of deer in an order under subsection (1). 30 (6A) SNH may not grant an authorisation under subsection (6) unless it is satisfied that— (a) a ground set out in section 6ZA(2) (grounds for intervention: damage by deer) or 6ZB(2) (grounds for intervention: nature restoration) is met, and 35 (b) there are no other adequate means of control which might reasonably be adopted in the circumstances. 26 Natural Environment (Scotland) Bill Part 4—Deer management (6B) Subsections (6) and (6A) apply notwithstanding anything contained in any agreement between an occupier of the land and the owner.”. (4) Subsection (8) is repealed. 25 Authorisation for taking or killing deer at night 5 (1) The 1996 Act is modified as follows. (2) In section 18 (taking or killing at night)— (a) in subsection (1), for “subsection (2)” substitute “subsections (2) to (5)”, (b) for subsection (2), substitute— “(2) Subject to section 37 of this Act, SNH may authorise the owner or occupier 10 of any land or any person nominated in writing by the owner or occupier to 1 take or kill, and to sell or otherwise dispose of, any deer found on that land during the period specified in subsection (1). (3) A person who is authorised under subsection (2) may only take or kill deer during the period specified in subsection (1) if the person is satisfied that a 15 ground set out in section 6ZA(2) (grounds for intervention: damage by deer) or 6ZB(2) (grounds for intervention: nature restoration) is met. (4) Subsections (2) and (3) apply notwithstanding anything contained in any agreement between an occupier of the land and the owner. (5) Subject to section 37 of this Act, SNH may, for any scientific purpose, authorise 20 any person to take or kill deer during the period specified in subsection (1).”. (3) In section 45(1) (interpretation), in the definition of “animal foodstuffs” for “purposes of sections 18(2) and” substitute “purpose of section”. 26 Authorisation for use of vehicles to drive deer (1) Section 19 of the 1996 Act (use of vehicles to drive deer) is modified as follows. 25 (2) In subsection (2)— (a) after “owner”, insert “or occupier”, (b) for “him”, substitute “the owner or occupier”. 27 Offence of shooting deer with a shotgun (1) The 1996 Act is modified as follows. 30 (2) After section 17, insert— “17ZA Use of shotguns (1) Subject to sections 25 and 25A of this Act and to subsections (2) and (3), a person who shoots a deer with a shotgun commits an offence. (2) Subject to section 37 of this Act, SNH may authorise an owner or occupier 35 of any land or any person nominated in writing by the owner or occupier to shoot any deer found on that land with a shotgun. 27 Natural Environment (Scotland) Bill Part 4—Deer management (3) SNH may not grant an authorisation under subsection (2) unless it is satisfied that— (a) a ground set out in section 6ZA(2) (grounds for intervention: damage by deer) or 6ZB(2) (grounds for intervention: nature restoration) is met, 5 and (b) there are no other adequate means of control which might reasonably be adopted in the circumstances. (4) Subsections (2) and (3) apply notwithstanding anything contained in any agreement between an occupier of the land and the owner. 10 (5) Except to the extent provided in this section, nothing in this section otherwise 1 limits the power to make orders under section 21.”. (3) In section 31(4) (powers of court on conviction for offences), after “(3),” insert “17ZA(1),”. (4) In section 37(1) (restrictions on granting of certain authorisations), after “(7),” insert 15 “17ZA(1),”. (5) In section 45(1) (interpretation), after the definition of “shoot”, insert— ““shotgun” is to be construed in accordance with section 1 of the Firearms Act 1968,”. (6) In schedule 3 (penalties), after the entry relating to 17(3), insert— 20 20 20 “17ZA(1) Shooting deer with a a fine of level 4 on the standard scale for 21 shotgun each deer in respect of which the offence is committed”. 28 Register of authorised persons (1) Section 17A of the 1996 Act (register of persons competent to shoot deer) is modified 25 as follows. (2) In subsection (1)— (a) in paragraph (a), for “competent to shoot deer in Scotland” substitute “who are (either or both)— “(i) fit and competent to shoot deer in Scotland, and 30 (ii) authorised to carry out one or more specified activities,”, (b) in paragraph (c), for “sections 26(2)(d) and 37(1)” substitute “section 26(2)(d)”. (3) In subsection (2)(a)— (a) in sub-paragraph (iii), after “is” insert “fit and”, (b) in sub-paragraph (xiv)— 35 (i) after “16,” insert “17ZA,”, (ii) after “18,” insert “19,”. (4) After subsection (7), insert— 28 Natural Environment (Scotland) Bill Part 4—Deer management “(8) In this section, reference to a specified activity is a reference to an activity which requires authorisation under sections 5, 17ZA, 18 or 19.”. (5) The cross heading becomes “Register of authorised persons”. (6) The heading of the section becomes “Register of authorised persons”. 5 29 Repeal of obligation to carry out competence review Section 17B of the 1996 Act is repealed. 30 Requirement to be fit and competent for certain authorisations (1) Section 37 of the 1996 Act (restrictions on granting of certain authorisations) is modified as follows. 10 (2) In subsection (1)— 1 (a) the words “Except as mentioned in subsection (1A) below,” are repealed, (b) after “18(2)” insert “or (5)”. (3) For subsection (1A), substitute— “(1A) A person who is registered in a register established by regulations under section 15 17A may be considered a fit and competent person for the purposes of subsection (1).”. (4) In subsection (3), after “18(2)” insert “or (5)”. 31 Repeal of saving of right to take deer on land (1) The 1996 Act is modified as follows. 20 (2) In section 18(1) (taking or killing at night), the words “and 41(2)” are repealed. (3) In section 19(1) (use of vehicles to drive deer), the words “section 41(2) of this Act and to” is repealed. (4) In section 20(1) (other offences connected with moving vehicles), for “sections 25 and 41(2)” substitute “section 25”. 25 (5) In section 41 (savings for certain rights), subsection (2) is repealed.